Ordinary Council Meeting

ORDINARY COUNCIL MEETING

NOTICE OF MEETING

To: Mayor Bill Spragg

Councillors Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom

Councillor Ian Bailey Marble Hill Councillor Jan Loveday

Councillor Kirrilee Boyd Councillor Nathan Daniell Mt Lofty Councillor John Kemp

Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford

Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

Notice is hereby given pursuant to the provisions under Section 83 of the Local Government Act 1999 that the next meeting of the Council will be held on:

Tuesday 24 October 2017 6.00pm 63 Mt Barker Road Stirling

A copy of the Agenda for this meeting is supplied under Section 83 of the Act.

Meetings of the Council are open to the public and members of the community are welcome to attend. Public notice of the Agenda for this meeting is supplied under Section 84 of the Act.

Andrew Aitken Chief Executive Officer

Page 1

ORDINARY COUNCIL MEETING

AGENDA FOR MEETING Tuesday 24 October 2017 6.00pm 63 Mt Barker Road Stirling

ORDER OF BUSINESS

Council Vision Nurturing our unique place and people

Council Mission Delivering activities and services which build a resilient community, sustain our built and natural environment and promote a vibrant economy

1. COMMENCEMENT

2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”

3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Apologies were received from …………. 3.2. Leave of Absence Cr Ron Nelson 23 October – 1 November 2017 Cr Malcolm Herrmann 23 October – 9 November 2017 3.3. Absent

Page 2 Ordinary Council Meeting AGENDA 24 October 2017

4. MINUTES OF PREVIOUS MEETINGS Council Meeting – 26 September 2017 That the minutes of the ordinary meeting held on 26 September 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Special Council Meeting – 4 October 2017 That the minutes of the special meeting held on 4 October 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Special Council Meeting – 10 October 2017 That the minutes of the special meeting held on 10 October 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

5. DECLARATION OF CONFLICT OF INTEREST BY MEMBERS OF COUNCIL

6. PRESIDING MEMBER’S OPENING REMARKS

7. QUESTIONS ADJOURNED/LYING ON THE TABLE 7.1. Questions Adjourned 7.2. Questions Lying on the Table

8. PETITIONS / DEPUTATIONS / PUBLIC FORUM 8.1. Petitions Nil 8.2. Deputations Nil 8.3. Public Forum

9. PRESENTATIONS (by exception) Nil

10. QUESTIONS ON NOTICE Nil

11. MOTIONS ON NOTICE Nil

Page 3 Ordinary Council Meeting AGENDA 24 October 2017

12. OFFICER REPORTS – DECISION ITEMS 12.1. Draft Animal Management Plan 2018 – 2022 That the Draft Dog and Cat Animal Management Plan 2018-2022 contained within Appendix 1 of this report be adopted That the Dog and Cat Animal Management Plan 2018-2022 be forwarded to the Dog and Cat Management Board for approval That the Chief Executive Officer be authorised to make any formatting or non- significant grammatical and/or content changes to the Draft Dog and Cat Animal Management Plan 2018-2022 for publication purposes during the period of its currency.

12.2. Mobile Food Vending Businesses That the Mobile Food Vending Businesses report be received and noted That community and stakeholder engagement in relation to Council’s location rules commence once the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 are confirmed as final The community and stakeholder engagement include: a) Seeking input from those residents and businesses located near the preliminary locations proposed in the Mobile Food Vending Businesses report for the operation of Mobile Food Vending Businesses b) Seeking input and feedback from business associations and local markets and community events identified by the CEO to inform development of Council’s location rules c) Undertaking community wide engagement to obtain input and feedback to inform development of Council’s location rules Refer to agenda for full details

12.3. 2016/17 General Purpose Financial Statements That, in accordance with Section 127 of the Local Government Act 1999 and the Local Government (Financial Management) Regulations 1999, Council adopts the General Purpose Financial Statements for the financial year ended 30 June 2017. To authorise the Mayor and CEO to sign the General Purpose Financial Statements for the financial year ended 30 June 2017.

12.4. Elector Representation Review – Submissions Report and Determination That the Representation Review Report Submissions Report at Appendix 1 containing 47 valid submissions is received and noted. (The next steps in relation to the representation composition and structure that it desires to be put in place).

Page 4 Ordinary Council Meeting AGENDA 24 October 2017

12.5. Road Closure and Disposal – Schapel Road Lobethal To make a Road Process Order pursuant to the Roads (Opening & Closing) Act 1991 to: a. close and merge the land identified as “A” in Preliminary Plan No 16/0020 (Appendix 3) with Allotment 28 in Filed Plan No 155743 comprised in Certificate of Title Volume 5502 Folio 372 b. create an easement for transmission of electricity in favour of Distribution Lessor Corporation c. create a free and unrestricted right of way in favour of Allotment 13 being the land in CT Volume 5502 Folio 373 d. accept consideration in the amount of $40,000 (excl. GST) as detailed in Appendix 3 of this report. Refer to agenda for full item

12.6. Stirling Market Traffic Control That an allocation of $90,000 to undertake the installation of vehicle security barriers be considered as part of Budget Review 1

12.7. Age Friendly Community Strategic Plan That the Draft Age Friendly Community Strategic Plan as contained in Appendix 1 be adopted. That the Chief Executive Officer be authorised to make any formatting or non- significant grammatical and/or content changes to the Draft Animal Management Plan 2018-2022 for publication purposes during the period of its currency.

12.8. Future of Hills Voice Magazine Following the December 2017 edition, that Hills Voice hardcopy be discontinued and that the following communication methods be pursued:  A campaign through Adelaide Hills Council website, service centres, e-news and other channels to encourage opt-in to the monthly Hills Voice eNews  Increased advertising in local newspapers  Increased focus on provision of printed material through Libraries and Service Centres  Increased engagement through My Local Services App  Targeted communication campaigns to mature age and disadvantaged residents.

12.9. DEWNR Fuel Reduction on Private Lands Program That DEWNR’s Strategic Fuel Reduction program is approved for the Adelaide Hills Council region.

12.10. Economic Development Strategy Two Year Progress Report Council resolves that the report be received and noted

Page 5 Ordinary Council Meeting AGENDA 24 October 2017

13. OFFICER REPORTS – INFORMATION ITEMS 13.1. Council Resolutions Update including 2 year update to outstanding resolutions 13.2. Customer Service Standards – 2015/16 Quarter 4 and Annual Report

14. MISCELLANEOUS ITEMS 14.1. Status Report – Council Resolutions Update

15. QUESTIONS WITHOUT NOTICE

16. MOTIONS WITHOUT NOTICE

17. REPORTS 17.1. Council Member Reports 17.2. Reports of Members as Council/Committee Representatives on External Organisations

17.3. CEO Report

18. REPORTS OF COMMITTEES 18.1. Development Assessment Panel – 3 October 2017 That the minutes of the CDAP meeting held on 3 October 2017 as supplied, be received and noted.

18.2. Strategic Planning & Development Policy Committee Special Meeting – 4 October 2017 That the minutes of the SPDPC special meeting held on 4 October 2017 as supplied, be received and noted.

18.3. Audit Committee - 9 October 2017 That the minutes of the Audit Committee meeting held on 9 October 2017 as supplied, be received and noted.

18.4. CEO Performance Review Panel - 20 September 2017 That the minutes of the CEO Performance Review Panel meeting held on 20 September 2017 as supplied, be received and noted.

19. CONFIDENTIAL ITEMS 19.1. Sale of Land at Adelaide Hills Business and Tourism Centre

20. NEXT MEETING

Tuesday 28 November 2017, 6.00pm, 63 Mt Barker Road, Stirling

21. CLOSE MEETING

Page 6

Council Meeting/Workshop Venues 2017

DATE TYPE LOCATION MINUTE TAKER November Wed 1 November Workshop Stirling N/A Mon 6 November Audit Stirling TBA Tues 7 November CAP TBA Karen Savage Wed 8 November CEOPRP Stirling TBA Wed 15 November Training Stirling N/A Tues 28 November Council Stirling Pam Williams December Tues 5 December CAP TBA Karen Savage Wed 6 December Workshop Stirling N/A Tues 12 December Council (note change of date) Stirling Pam Williams Wed 20 December Training (to be confirmed) Stirling N/A

Meetings are subject to change, please check agendas for times and venues. All meetings (except Elected Member Training) are open to the public. Community Forums 2017 6.00 for 6.30pm

DATE TYPE LOCATION Wednesday 22 March Community Forum Paracombe

Tuesday 30 May Community Forum Upper Sturt

Tuesday 29 August Community Forum Woodside

Tuesday 31 October Community Forum Uraidla

Item 4 Minutes of Council 201 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kirrilee Boyd Councillor Nathan Daniell Mt Lofty Councillor John Kemp Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance:

Andrew Aitken Chief Executive Officer Terry Crackett Director Corporate Services Peter Bice Director Engineering & Assets Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Executive Manager Governance & Performance Deryn Atkinson Manager Development Services Natalie Westover Manager Property Services John McArthur Manager Waste Health & Regulatory Services Lynne Griffiths Community & Cultural Development Officer Pam Williams Minute Secretary

1. COMMENCEMENT The meeting commenced at 6.03pm.

2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

Mayor ______24 October 2017 202 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

3. APOLOGIES/LEAVE OF ABSENCE 3.1 Apology Cr Val Hall 3.2 Leave of Absence Cr Ron Nelson 23 October – 1 November 2017

Moved Cr Nathan Daniell 201/17 S/- Cr Kirrilee Boyd

That Leave of Absence be granted to Cr Malcolm Herrmann from 23 October – 9 November 2017.

Carried Unanimously

3.3 Absent Nil

4. MINUTES OF PREVIOUS MEETINGS 4.1 Council Meeting – 22 August 2017

Moved Cr Malcolm Herrmann 202/17 S/- Cr Jan Loveday

That the minutes of the ordinary meeting held on 22 August 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried Unanimously

4.2 Special Council Meeting – 4 September 2017

Moved Cr Jan Loveday 203/17 S/- Cr John Kemp

That the minutes of the special meeting held on 4 September 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried

Mayor ______24 October 2017 203 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

4.3 Special Council Meeting – 11 September 2017

Moved Cr Linda Green 204/17 S/- Cr Lynton Vonow

That the minutes of the special meeting held on 11 September 2017 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried Unanimously

5. DECLARATION OF CONFLICT OF INTEREST BY MEMBERS OF COUNCIL 5.1 Perceived Conflict of Interest, Cr Jan Loveday Item 12.4 Road Realignment Bonython Road Summertown

Under Section 75 of the Local Government Act 1999 Cr Jan Loveday disclosed a Perceived Conflict of Interest in Item 12.4 Road Realignment Bonython Road Summertown the nature of which is as follows:

 Cr Jan Loveday lives on Bonython Road

Cr Jan Loveday intends to participate in discussions and vote when this item is discussed.

6. PRESIDING MEMBER’S OPENING REMARKS

The Mayor discussed the recent Belgium Exhibition in the Library and his visit to the Ochre Nation cellar door opening.

7. QUESTIONS ADJOURNED/LYING ON THE TABLE 7.1 Questions Adjourned Nil 7.2 Questions Lying on the Table Nil

8. PETITIONS / DEPUTATIONS / PUBLIC FORUM 8.1 Petitions Nil 8.2 Deputations Mr Joe Frank re s270, AHC Internal Review of Council Decisions Policy

Mayor ______24 October 2017 204 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

8.3 Public Forum Mr Joe Frank re Elector Representation Review

9. PRESENTATIONS Nil

10. QUESTIONS ON NOTICE Nil

11. MOTIONS ON NOTICE 11.1 Rural Property Addressing

Moved Cr Malcolm Herrmann 205/17 S/- Cr Linda Green

That, in consultation with the City of Tea Tree Gully and affected residents, the Chief Executive Officer provides a report by 27 March 2018 on the proposal submitted by residents, that Rural Property Addresses be provided to properties on Range Roads North and South, Upper Hermitage and Churchett Road Paracombe, being boundary roads between the City of Tea Tree Gully and the Adelaide Hills Council.

Carried Unanimously

12. OFFICER REPORTS – DECISION ITEMS 12.1 Multicultural Action Plan

Moved Cr John Kemp 206/17 S/- Cr Kirrilee Boyd

Council resolves:

1. That the report be received and noted. 2. That the draft Multicultural Action Plan 2017-2020, as contained in Appendix 1 be adopted. 3. To delegate to the Chief Executive Officer the discretion to make any non- significant grammatical and/or content changes to the draft Multicultural Action Plan 2017-2020 for publication purposes.

Carried Unanimously

Mayor ______24 October 2017 205 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.2 Heritage Agreement Reports – Woorabinda Bushland Reserves

Moved Cr John Kemp 207/17 S/- Cr Nathan Daniell

Council resolves:

1. That the report be received and noted.

2. That Heritage Agreements be entered into between the Council and the Minister for Sustainability, Environment and Conservation pursuant to section 23(5) of the Native Vegetation Act 1991 for the conservation, management and protection of native flora and fauna in relation to the following properties:

a. Council owned land located at 9 Woorabinda Drive, Stirling (Woorabinda) described in Certificate of Title 5292 Folio 381 b. Council owned land located at 9 Ethel Street, Stirling (Stirling Park) described in Certificate of Title 5315 Folio 98 c. Council owned land located at 34 Madurta Avenue, Aldgate (Madurta Reserve) described in Certificate of Title 5902 Folio 219

3. That the Heritage Agreements retain the existing Dog Access Arrangements currently in place in each of those properties.

4. That the Heritage Agreements be registered with the Lands Titles Office pursuant to section 23b of the Native Vegetation Act 1999.

5. That the Community Land Management Plans for the above properties be reviewed and updated to reflect the provisions of the Heritage Agreements including community consultation (where necessary) as required under section 197 of the Local Government Act 1999.

6. That the Chief Executive Officer be authorised to sign all necessary documentation to effect this resolution.

7. That a separate report be brought back to Council in relation to a Heritage Agreement for the land under the care, control and management of Council located at 71 Longwood Road, Heathfield (Hender Reserve) in Crown Record 5753 Folio 715 following receipt of further advice from the Land Titles Office and Native Vegetation Branch of the Department of Environment, Water and Natural Resources regarding the dedicated purpose of the land and options for registration of the Heritage Agreement over Crown Land.

Carried Unanimously

Mayor ______24 October 2017 206 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.3 Treasury Policy

Moved Cr Malcolm Herrmann 208/17 S/- Cr Ian Bailey

That Council resolves that:

1. That the report be received and noted. 2. With an effective date of 10 October 2017, to revoke the 10 June 2014 Treasury Policy and to adopt the revised draft Treasury Policy contained in Appendix 1. 3. That the Chief Executive Officer, or delegate, be authorised to make any formatting, nomenclature or other minor changes to the policies during the period of their currency.

Carried Unanimously

12.4 Road Realignment – Bonython Road Summertown

Cr Jan Loveday declared a Perceived Conflict of Interest at Agenda Item 4 ‘Declaration of Interest by Members of the Council’ in relation to item 12.4. Cr Loveday remained in the Chamber and voted.

Moved Cr Ron Nelson 209/17 S/- Cr John Kemp

Council resolves:

1. That the report be received and noted 2. To purchase the area of land being 105m2 identified in red on the plan attached as Appendix 1 from Linda Marie Ferrari for the consideration of $2,000 (excl. GST) plus all reasonable costs to vest as public road. 3. That the Mayor and CEO be authorised to sign all necessary documentation to effect this resolution.

Carried Unanimously

Cr Loveday voted “for” the motion. The majority of persons who were entitled to vote at the meeting voted in favour of the motion.

Mayor ______24 October 2017 207 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.5 Establishment of Council Assessment Panel (CAP) and appointment of Independent Panel Members

Moved Cr Jan Loveday 210/17 S/- Cr Linda Green

Council resolves:

1. That the report be received and noted

2. To establish the Council Assessment Panel (CAP) as the relevant authority pursuant to Sections 82 and 83 of the Planning Development and Infrastructure Act 2016 effective 26 September 2017.

3. To adopt the Terms of Reference for the Council Assessment Panel (CAP) attached as Appendix 2 of the staff report.

4. To appoint Professor Stephen Hamnett as the Presiding Member of the Council Assessment Panel (CAP) for term commencing 1 October 2017 and ending 31 May 2019 inclusive, or a shorter period should Professor Hamnett not be able to achieve the required accreditation under the Planning Development and Infrastructure Act 2016 by the date prescribed.

5. To appoint Rob McBryde and Simon Bradley as Independent Members of the Council Assessment Panel (CAP) for a term commencing 1 October 2017 and ending 31 May 2019 inclusive, or a shorter period should the aforementioned members not be able to achieve the required accreditation under the Planning Development and Infrastructure Act 2016 by the date prescribed.

6. To appoint the following Council Member as a Deputy Council Member to the Council Assessment Panel (CAP) Cr John Kemp.

7. The Council Members appointed to CAP, as either a Member or Deputy Member be appointed for a term commencing 1 October 2017 and ending at the completion of their current term of Council.

8. The Independent Members of CAP be paid a sitting fee as follows:

 Independent Presiding Member $500 (Excl. GST) per meeting  Other Independent Members $380 (Excl. GST) per meeting  For training outside of a CAP meeting $75 per hour of training attended excluding travel time but with a travel allowance being paid at the standard Council rate.

Mayor ______24 October 2017 208 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

 That in the event that another Panel Member is required to preside at a meeting in the absence of the Presiding Member, then that Independent Member shall receive the $500 (excl GST) sitting fee for that meeting.  The above mentioned sitting fees be reviewed prior to the next appointment of Independent members to CAP or in mid-2019 whichever occurs first.

9. The current Delegations Policy for the Determination of Development by CDAP be amended to replace the reference to ‘CDAP’ with ‘CAP’.

10. That it is noted the recommendation to the CEO is to appoint the Manager Development Services, Ms Deryn Atkinson, as the Assessment Manager for CAP pursuant to Section 87(d) (ii) of the PDI Act 2016.

Carried Unanimously

12.6 Asset Management Policy

Moved Cr Malcolm Herrmann 211/17 S/- Cr John Kemp

Council resolves:

1. That the report be received and noted. 2. With an effective date of 10 October 2017, to revoke the 22 September 2009 Asset Management Policy and to adopt the revised draft Asset Management Policy in Appendix 1. 3. With an effective date of 10 October 2017, to revoke the 25 June 2013 Capitalised Assets (Accounting Policy) as attached in Appendix 3.

Carried Unanimously

Mayor ______24 October 2017 209 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.7 Support for Road Closures Christmas Pageants 2017

Moved Cr Ian Bailey 212/17 S/- Cr Ron Nelson

1. That Council provides consent for the following road closure orders:

a. Stirling Christmas Pageant, 12 November 2017 Druid Avenue, Stirling, from Milan Terrace to Mt Barker Road, 9:30am until approximately 1:00pm; and Mt Barker Road, Stirling, from Avenue Road to Gould Road, 10:00am until approximately 1:00pm

b. Woodside Christmas Parade, 21 December 2017 Onkaparinga Valley Road, from Nairne Road to Langbein Avenue, Langbein Avenue and Station Road to Onkaparinga Valley Road, Woodside, 6:30pm until approximately 9:30pm

c. Lobethal Christmas Pageant, 23 December 2017 Main Street, from Pioneer Avenue to Woodside Road, Woodside Road, from Main Street to Jeffrey Street, and Jeffrey Street, from Woodside Road to the oval, 6:00pm until approximately 10:00pm.

Carried Unanimously

12.8 Election of Deputy Mayor

The Executive Manager Governance & Performance, as Returning Officer, called for nominations.

Nominations were received for Cr Malcolm Herrmann and Cr Jan-Claire Wisdom. There being two nominations for one position, the Returning Officer indicated that an election was necessary.

Cr Herrmann & Cr Wisdom addressed Council in relation to their nominations.

Arising from the election process, the Returning Officer declared Cr Jan-Claire Wisdom elected.

Mayor ______24 October 2017 210 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Moved Cr Kirrilee Boyd 213/17 S/- Cr Jan Loveday

That Council resolves:

1. That the report be received and noted

2. To appoint Cr Jan-Claire Wisdom to the position of Deputy Mayor for a term to commence 29 November 2017 until the conclusion of this Council’s term of office, that is November 2018.

Carried Unanimously

12.9 Membership of Strategic Planning & Development Policy Committee, CEO Performance Review Panel & Audit Committee

Moved Cr Ian Bailey 214/17 S/- Cr Linda Green

That Council resolves that the report be received and noted. Carried Unanimously Carried Unanimously Carried Unanimously

12.9.1 Membership of Audit Committee

Moved Cr Linda Green 215/17 S/- Cr Lynton Vonow

Council resolves:

That in relation to the Audit Committee: a. To appoint Paula Davies to the position of Presiding Member for a term to commence immediately until 30 November 2017 (inclusive) b. To commence a recruitment process for the selection of Independent Members for the Audit Committee for two (2) terms of twenty-four (24) months and one (1) term of thirty-six (36) months, commencing 1 December 2017 c. Under Section 72, to determine that Chapter 5, Part 4, Division 2 of the Local Government Act 1999 regarding the Register of Interests applies to Audit

Mayor ______24 October 2017 211 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Committee Independent Members from the commencement of the next membership term d. To determine the sitting fees for Audit Committee Independent Members for the next membership term to be as follows: i. Presiding Member - $525 (excl GST) per meeting. ii. Ordinary Member - $380 (excl GST) per meeting. iii. Authorised Training - $75 (excl GST) per hour of training attended excluding travel time but with a travel allowance being paid at the standard Council rate. e. To appoint Cr John Kemp and Cr Jan Loveday as members of the Audit Committee Independent Member Selection Panel.

Carried Unanimously

12.9.2 Membership of CEO Performance Review Panel

The Executive Manager Governance & Performance, as Returning Officer, called for nominations.

Nominations were received for Cr Linda Green and Cr Jan Loveday. There being two nominations for two positions, the Returning Officer indicated that an election was not necessary.

Moved Cr Kirrilee Boyd 216/17 S/- Cr Ron Nelson

Council resolves, in relation to the Chief Executive Officer Performance Review Panel, to appoint Cr Linda Green and Cr Jan Loveday as members for a term to commence 29 November 2017 until the conclusion of this Council’s term of office, that is November 2018.

Carried Unanimously

7.24pm Cr Boyd left the Chamber 7.26pm Cr Boyd returned to the Chamber

Mayor ______24 October 2017 212 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.9.3 Presiding Member of CEO Performance Review Panel to November 2018

The Executive Manager Governance & Performance, as Returning Officer, called for nominations.

Nominations were received for Cr Linda Green and Cr Jan Loveday. There being two nominations for one position, the Returning Officer indicated that an election was necessary.

Arising from the election process, the Returning Officer declared Cr Jan Loveday elected.

Moved Cr John Kemp 217/17 S/- Cr Linda Green

Council resolves, in relation to the Chief Executive Officer Performance Review Panel, to appoint Cr Jan Loveday to the position of Presiding Member for a term to commence 29 November 2017 until the conclusion of this Council’s term of office, that is November 2018.

Carried Unanimously

12.9.4 CEO Performance Review Panel – Recruitment of Independent Member

Moved Cr Malcolm Herrmann 218/17 S/- Cr John Kemp

Council resolves, in relation to the Chief Executive Officer Performance Review Panel, 1. To commence a recruitment process for the selection of an Independent Member of the Panel for a term of thirty-six (36) months. 2. Under Section 72, to determine that Chapter 5, Part 4, Division 2 of the Local Government Act 1999 regarding the Register of Interests applies to CEO Performance Review Panel Independent Member from the commencement of the next membership term. 3. To determine the sitting fees for CEO Performance Review Panel Independent Member for the next membership term to be as follows: a. Presiding Member - $525 (excl GST) per meeting b. Ordinary Member - $380 (excl GST) per meeting c. Authorised Training - $75 (excl GST) per hour of training attended excluding travel time but with a travel allowance being paid at the standard Council rate 4. To appoint Cr Ian Bailey and Cr Jan Loveday as members of the CEO Performance Review Panel Independent Member Selection Panel. Carried Unanimously

Mayor ______24 October 2017 213 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

12.9.5 Presiding Member of Strategic Plan & Development Policy Committee

Moved Cr Kirrilee Boyd 219/17 S/- Cr Jan Loveday

The Executive Manager Governance & Performance, as Returning Officer, called for nominations.

A nomination was received for Cr John Kemp. There being one nomination for one position, the Returning Officer indicated that an election was not necessary.

Council resolves, in relation to the Strategic Planning and Development Policy Committee, to appoint Cr John Kemp to the position of Presiding Member for a term to commence 29 November 2017 until the conclusion of this Council’s term of office, that is November 2018.

Carried Unanimously

12.10 Delegations Review September 2017

Moved Cr John Kemp 220/17 S/- Cr Jan Loveday

Council resolves:

1. That the report be received and noted

2. That, having conducted its quarterly review of Council’s Delegations Register, in accordance with Section 44(6) of the Local Government Act 1999, the Council:

2.1 Revocation

Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following Acts:

2.1.1 Development Act 1993 and Development Regulations 2008 2.1.2 Electronic Conveyancing National Law (SA) Act 2.1.3 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 2.1.4 Housing Improvement Act 1940 2.1.5 Local Government Act 1999

Mayor ______24 October 2017 214 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

2.1.6 Planning, Development and Infrastructure Act 2016 2.1.7 Real Property Act 1886 2.1.8 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014 2.1.9 Roads (Opening & Closing) Act 1991 2.1.10 South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and the South Australian Public Health (Wastewater) Regulations 2013

2.2 Delegations made under the Local Government Act 1999

2.2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 4, 5, 6, 8, 9, 10, 11 and 12 (each of which is individually identified as indicated below) are hereby delegated this 26th day of September 2017 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

 Electronic Conveyancing National Law (SA) Act (Appendix 4)  Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 (Appendix 5)  Housing Improvement Act 1940 (Appendix 6)  Local Government Act 1999 (Appendix 7)  With a delegation to the Chief Executive Officer for s80A(1)-(3) with the limitation of the approval of the policy by Council  With the removal of the proposed delegations to the Chief Executive Officer under Schedule 1B  Planning, Development and Infrastructure Act 2016 (Appendix 8)  Real Property Act 1886 (Appendix 9)  Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014 (Appendix 10)  Roads (Opening & Closing) Act 1991 (Appendix 11)  South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and the South Australian Public Health (Wastewater) Regulations 2013 (Appendix 12)

2.2.2 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 or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.

Mayor ______24 October 2017 215 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

2.3 Delegations made under the Development Act 1993

2.3.1 In exercise of the power contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 and specified in the proposed Instrument of Delegation contained in Appendix 3 are hereby delegated this 26th day of September 2017 to the person occupying the office of Chief Executive Officer, subject to the conditions and/or limitations specified herein or in the Schedule of Conditions in the proposed Instrument of Delegation under the Development Act 1993.

2.3.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

2.3.3 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993 the powers and functions under the Development Act 1993 and the Development Regulations 2008 and specified in the proposed Instrument of Delegation contained in Appendix 3 are hereby delegated on this 26th day of September 2017 to the Council Assessment Panel, subject to any conditions specified herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

2.4. Delegations under Fire and Emergency Services Act 2005 to Fire Prevention Officer

2.4.1 In exercise of the power contained in Section 93 of the Fire and Emergency Services Act 2005 the powers and functions under the Fire and Emergency Services Act 2005 and specified in the proposed Instrument of Delegation contained in Appendix 5 are hereby delegated this 26th day of September 2017 to the person appointed Fire Prevention Officer of the Council under the Fire and Emergency Services Act 2005, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Fire and Emergency Services Act 2005

2.4.2 Such powers and functions may be further delegated by the Fire Prevention Officer as the Fire Prevention Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Fire and Emergency Services Act 2005.

Mayor ______24 October 2017 216 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

2.5 Authorisations and Subdelegation under the Road Traffic Act 1961

2.5.1 In accordance with the Instrument of General Approval and Delegation to Council dated 22 August 2013 from the Minister for Transport and Infrastructure (the ‘Instrument’) the Council authorises the following person(s) pursuant to Clause A.7 of the Instrument to endorse Traffic Impact Statements for the purposes of Clause A of the Instrument provided that such person(s) shall take into account the matters specified in Clause A.7 of the Instrument in respect of Traffic Impact Statements: Peter Bice, Director Engineering & Assets, Ashley Curtis, Manager Civil Services.

2.5.2 In accordance with Clause A.7 of the Instrument, the Council is of the opinion that the following person(s) is/are experienced traffic engineering practitioner(s) for the purposes of preparing a Traffic Impact Statement as required by Clause A.7 of the Instrument: Peter Bice, Director Engineering & Assets, Ashley Curtis, Manager Civil Services.

2.5.3 In exercise of the power contained in, and in accordance with, Clause G.1 of the Instrument, the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause G of the Instrument and contained in the proposed Instrument of Subdelegation (Appendix 10) is hereby sub-delegated this 26th day of September 2017 to the person occupying the office of Chief Executive Officer of the Council subject to:

(i) the conditions contained in the Instrument; and (ii) any conditions contained in this Resolution or in the Instrument of Subdelegation; and (iii) the creation of a separate instrument in writing reflecting such subdelegation under the Instrument and this Resolution.

2.5.4 In accordance with Clause E.2 of the Instrument, the Council is of the opinion that the following person(s) has (have) an appropriate level of knowledge and expertise in the preparation of traffic management Plans: Peter Bice, Director Engineering & Assets, Ashley Curtis, Manager Civil Services.

Carried Unanimously

7.33pm Cr Boyd left the Chamber and did not return.

Mayor ______24 October 2017 217 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

13. OFFICER REPORTS – INFORMATION ITEMS 13.1 Upper Torrens Land Management Project Finalisation

Moved Cr Malcolm Herrmann 221/17 S/- Cr Lynton Vonow

Council resolves that the report be received and noted.

Carried Unanimously

13.2 Supporting the Arts

Moved Cr Linda Green 222/17 S/- Cr Jan-Claire Wisdom

Council resolves that the report be received and noted.

Carried Unanimously

13.3 Ombudsman 6 monthly Report

Moved Cr Jan-Claire Wisdom 223/17 S/- Cr Nathan Daniell

Council resolves that the report be received and noted.

Carried Unanimously

14. MISCELLANEOUS ITEMS 14.1 Status Report – Council Resolutions Update

Moved Cr John Kemp 224/17 S/- Cr Jan Loveday

That Council resolves:

1. The Council Action List be received and noted

2. The following completed items be removed from the Action List:

Mayor ______24 October 2017 218 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Date Meeting No Heading 25/8/15 Council 112/15 Stock Road Mylor Speed Limit Review 24/5/16 Council 92/16 Proposed Closure & Sale Portion Baldocks Road Oakbank 13/12/16 Council 283/16 2016/17 Sport & Recreation Facility Grants 8/5/17 Audit AC17/23 Internal Financial Controls Update 13/6/17 SPDPC SP20/17 Asset Management Policy 11/7/17 SPDPC SP33/17b Community Group Use of Photocopiers Policy 11/7/17 Special 146/17a Draft Animal Management Plan 2018 - 2022 Council 25/7/17 Council 159a/17 Lobethal Recreation Ground Transfer of Lan d 25/7/17 Council 161a/17 S41 Committees Terms of Reference 25/7/17 Council 161b/17 S41 Committees Terms of Reference 25/7/17 Council 161c/17 S41 Committees Terms of Reference 8/8/17 SPDPC SP38/17 Grant Giving Policy 9/8/17 Special 168/17 ERR Options Paper Submissions Report & Proposal Council Development 14/8/17 Audit AC17/33 Treasury Policy 22/8/17 Council 174/17 Petition - ERR 22/8/17 Council 179/17 Support for Road Closures Adelaide Rally 2017 22/8/17 Council 180/17 S270 Internal Review Council Decision ERR 22/8/17 Council 186/17 Code of Conduct Complaint – Cr Vonow 22/8/17 Council 191/17a-e Council, Committee & Designated Informal Gathering Meeting Arrangements 4/9/17 Special 197/17 Rescission of Resolution 184/17 Council 4/9/17 Special 198/17 ERR Report Public Consultation Council

Carried

15. QUESTIONS WITHOUT NOTICE Nil

16. MOTIONS WITHOUT NOTICE Having taken into account the Guiding Principles, the Mayor accepted the following Motion Without Notice.

Mayor ______24 October 2017 219 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

16.1 Supporting the Arts

Moved Cr Malcolm Herrmann 225/17 S/- Cr Ian Bailey

That Appendix 2 of the AHC Role in Supporting the Arts Report be updated to incorporate Mt Barker District Council’s activities in the Arts.

Carried Unanimously

16.2 Supporting the Arts Action Plan

Moved Cr Linda Green 226/17 S/- Cr Jan-Claire Wisdom

That a report come back to Council with an Action Plan in Supporting the Arts by the Council meeting in March 2018.

Carried Unanimously

17. REPORTS 17.1 Council Member Activities

Cr Malcolm Herrmann

 1 September, Memorial Park Dinner, Mount Torrens  8 September, St Matthews Catholic Church 150th Anniversary, Birdwood  12 September, Cemetery Advisory Group, Woodside  23 September, Birdwood Football Club Presentation Night, Hahndorf  25 September, Hills Justices Group Annual General Meeting, Cudlee Creek

Cr John Kemp

 23 August, PDI Community Engagement Charter session at LGA House  15 September, The Hut Community Centre – Stirling Pageant Committee meeting  18 September, Citizenship Ceremony, Stirling  22 September, The Hut Community Centre – Stirling Pageant Committee meeting

Mayor ______24 October 2017 220 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Cr Ron Nelson

 7 September, Launch The Great War In Great Outlines Exhibition  10 September Spring Awakenings Concert, Scott Creek  14 September Scott Creek Progress Association Meeting.  17 September History meeting Longwood Bradbury Scott Creek group

Cr Jan Loveday

 7 August, Regional Development Australia Finance, Strathalbyn  9 August, Rural Land Management Advisory Group, Stirling  15-16 August, Dog & Cat Management Board, Mt Gambier  30 August, CDAP independent member shortlisting, Stirling  4 September, CDAP independent member interviews, Stirling  23 August Regional Development Australia, Strathalbyn  20 September Dog & Cat Management Board, Adelaide

Cr Jan-Claire Wisdom

 18 September, Citizenship ceremony, Stirling  WW1 Belgium History exhibition, Stirling  Woodside Friends Library AGM, Woodside  RSL Annual luncheon, Stirling  SALA exhibition, Lobethal  Public Libraries Conference, Adelaide  SA Power Networks workshop, Hahndorf

7.55pm Cr Bailey left the Chamber and did not return.

17.2 Reports of Members as Council/Committee Representatives on External Organisations

Cr Nathan Daniell

 21 September, Adelaide Hills Region Waste Management Authority meeting, Mt Barker

Mayor  SHLGA  Metro LG Group

Mayor ______24 October 2017 221 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

17.3 CEO Report Andrew Aitken, CEO, provided Council with a verbal Corporate Update.

- Libraries Conference - Engineering updates kerbing, stormwater, line marking - Sculptures in Woodside & Stirling - Open Space, fallen trees, streetscapes - Morialta Recreation Reserve Adventure Playground - Green Organic drop off days - Business Survey - Tourism Visitor Information Services Strategy - Townships & Urban Areas DPA - Stirling Community Theatre

8.14pm Crs Loveday & Kemp left the Chamber

8.16pm Cr Loveday returned to the Chamber

18. REPORTS OF COMMITTEES 18.1 Development Assessment Panel – 5 September 2017

Moved Cr Nathan Daniell 227/17 S/- Cr Linda Green

That the minutes of the Development Assessment Panel meeting of 5 September 2017 as distributed, be received and noted.

Carried Unanimously

Matter Arising

8.18pm Cr Kemp returned to Chamber

Moved Cr Linda Green 228/17 S/- Cr Ron Nelson

That Council thanks Crs John Kemp & Jan Loveday for their service on Council’s Development Assessment Panel.

Carried Unanimously

Mayor ______24 October 2017 222 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

18.2 Strategic Planning & Development Policy Committee Nil

18.3 Audit Committee Nil

18.4 CEO Performance Review Panel Nil

8.19pm Council adjourned for short break 8.28pm the Council meeting resumed

19. CONFIDENTIAL ITEMS

19.1 Assignment of a Commercial Lease at the Adelaide Hills Business and Tourism Centre – Exclusion of the Public

Moved Cr Linda Green 229/17 S/- Cr Jan Loveday

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:

 CEO, Andrew Aitken  Director Engineering & Assets, Peter Bice  Director Strategy & Development, Marc Salver  Director Corporate Services, Terry Crackett  Director Community & Customer Service, David Waters  Executive Manager Governance & Performance, Lachlan Miller  Manager Property Services, Natalie Westover  Manager Waste Health & Regulatory Services, John McArthur  Minute Secretary, Pam Williams

be excluded from attendance at the meeting for Agenda Item 19.2: Assignment of a commercial lease at the Adelaide Hills Business and Tourism Centre in confidence.

The Council is satisfied that it is necessary that the public, with the exception of Council staff in attendance as specified above, be excluded to enable Council to consider the report at the meeting on the following grounds:

Mayor ______24 October 2017 223 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Section 90(3)(d) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item is commercial information of a confidential nature (not being a trade secret) that would, on balance, be contrary to the public interest, the disclosure of which could reasonably be expected to prejudice the commercial position of the business which supplied the information.

Accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information and discussion confidential.

Carried Unanimously

Mayor ______24 October 2017 224 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.1.1 Assignment of Commercial Lease at Adelaide Hills Business & Tourism Centre – Confidential Item

Mayor ______24 October 2017 225 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.1.2 Assignment of a commercial lease at the Adelaide Hills Business and Tourism Centre – Period of Confidentiality

Moved Cr John Kemp 231/17 S/- Cr Jan Loveday

Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council, having considered Agenda Item 19.2 in confidence under sections 90(2) and 90(3)(d)(ii) of the Local Government Act 1999, resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence until the earlier of six months or until Udder Delights Australia Pty Ltd makes a public announcement regarding the business restructure.

Pursuant to section 91(9)(c) of the Local Government Act 1999, that Council delegates the power to revoke the confidentiality order either partially or in full to the Chief Executive Officer.

Carried Unanimously

19.2 Community Wastewater Management Systems Review Update – Exclusion of the Public

Moved Cr Jan Loveday 232/17 S/- Cr Linda Green

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:

 CEO, Andrew Aitken  Director Engineering & Assets, Peter Bice  Director Strategy & Development, Marc Salver  Director Corporate Services, Terry Crackett  Director Community & Customer Service, David Waters  Executive Manager Governance & Performance, Lachlan Miller  Manager Waste Health and Regulatory Services, John McArthur  Minute Secretary, Pam Williams

be excluded from attendance at the meeting for Agenda Item 19.2 (Community Wastewater Management Systems Review Update) in confidence.

Mayor ______24 October 2017 226 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

Section 90(3)(b) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which –

(i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and (ii) would, on balance, be contrary to the public interest;

Carried Unanimously

Mayor ______24 October 2017 227 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.2.1 Community Wastewater Management Systems Review Update – Confidential Item

Mayor ______24 October 2017 228 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.2.2 Community Wastewater Management Systems Review Update – Period of Confidentiality

Moved Cr Lynton Vonow 234/17 S/- Cr John Kemp

Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council, having considered Agenda Item 19.2 in confidence under sections 90(2) and 90(3)(b) of the Local Government Act 1999, resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence until 26 September 2018.

Pursuant to section 91(9)(c) of the Local Government Act 1999, that Council delegates the power to revoke the confidentiality order either partially or in full to the Chief Executive Officer.

Carried

19.3 Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP) – Exclusion of the Public

Moved Cr Linda Green 235/17 S/- Cr Ron Nelson

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:

Mayor ______24 October 2017 229 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

be excluded from attendance at the meeting for Agenda Item 19.3: (Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP)) in confidence.

Section 90(3)(a) of the Local Government Act 1999, the information to be received, discussed or considered in relation to this Agenda Item is information relating to the appointment of Independent Members to the Council’s Development Assessment Panel (CDAP), the disclosure of which –

(a) Information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead);

Carried Unanimously

Mayor ______24 October 2017 230 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.3.1 Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP) – Confidential Item

Mayor ______24 October 2017 231 ADELAIDE HILLS COUNCIL MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 26 SEPTEMBER 2017 63 MT BARKER ROAD STIRLING

19.3.2 Appointment of Independent Member with Natural Resource Management Skills to the Council’s Assessment Panel (CAP) – Period of Confidentiality

Moved Cr Malcolm Herrmann 237/17 S/- Cr John Kemp

Subject to the CEO, or his delegate, disclosing information or any document (in whole or in part) for the purpose of implementing Council’s decision(s) in this matter in the performance of the duties and responsibilities of office, Council, having considered Agenda Item 19.3 in confidence under sections 90(2) and 90(3)(a) of the Local Government Act 1999, resolves that an order be made under the provisions of sections 91(7) and (9) of the Local Government Act 1999 that the report, related attachments and the minutes of Council and the discussion and considerations of the subject matter be retained in confidence until the Independent Member referred to in the item is appointed, but not longer than 1 December 2017.

Pursuant to section 91(9)(c) of the Local Government Act 1999, that Council delegates the power to revoke the confidentiality order either partially or in full to the Chief Executive Officer.

Carried Unanimously

20 NEXT MEETING

Special meetings to be held on 4 October 2017 at 36 Nairne Road Woodside:  Special Council from 6.00pm  Special SPDPC from 6.30pm

The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 24 October 2017 from 6.00pm at 63 Mt Barker Road, Stirling.

21 CLOSE MEETING

The meeting closed at 8.46pm.

Mayor ______24 October 2017 232 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING WEDNESDAY 4 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor Ward Councillor Ron Nelson Manoah Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kirrilee Boyd Mt Lofty Councillor John Kemp Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance:

Peter Bice A/Chief Executive Officer Terry Crackett Director Corporate Services Marc Salver Director Strategy & Development David Waters Director Community & Customer Service Lachlan Miller Executive Manager Governance & Performance Chris Janssan Manager Open Space Renee O’Connor Sport & Recreation Planner

1. COMMENCEMENT The special council meeting commenced at 6.05pm

2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

Mayor ______24 October 2017 233 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING WEDNESDAY 4 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apology Apologies were received from Councillor Nathan Daniell and Cr Jan-Claire Wisdom and are accepted.

3.2. Leave of Absence Nil

3.3. Absent Nil

4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE

Under Section 73 of the Local Government Act 1999 Cr Ron Nelson disclosed a Material Conflict of Interest in Item 5.1 the nature of which is as follows:

 Cr Ron Nelson is the President of the Scott Creek Progress Association.

Under Section 73 of the Local Government Act 1999 Cr Andrew Stratford disclosed a Material Conflict of Interest in Item 5.1 the nature of which is as follows:

 Cr Andrew Stratford is an Office Bearer of the Adelaide Hills War Memorial Swimming Centre.

5. BUSINESS OF THE MEETING 5.1. Fund My Neighbourhood Proposals affecting Council

Cr Boyd entered the Chamber at 6.14pm.

Cr Nelson and Cr Stratford left the Chamber at 6.34pm.

Cr Vonow declared an material conflict of interest in relation to the Lobethal Community Garden and left the Chamber at 6.34pm.

Mayor ______24 October 2017 234 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING WEDNESDAY 4 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

Moved Cr Linda Green 238/17 S/- Cr Ian Bailey

Council resolves:

1. That the report be received and noted.

2. That the Council resolves to sponsor and/or endorse ideas, as indicated in Appendix 1, for inclusion in the public voting phase of the Fund My Neighbourhood Program, subject to the following provisos:

a. All statutory approvals are able to be obtained b. Formal Council land owner approval is obtained c. Project details can be negotiated at a later time d. The cost estimate may be subject to revision due to issues related to the specific site e. If the idea is to be sponsored by a leaseholder of the Council, that the terms of the lease are upheld.

3. That for those ideas sponsored by the Council, the Council agrees, in-principle, to receive the funding and deliver the projects if successful in the public voting phase, but makes no commitment to fund any additional costs required above the amount allocated to any successful projects.

4. That the Chief Executive Officer, or delegate, be authorised to negotiate the details of any successful projects and enter into any necessary contracts or agreements to facilitate their delivery.

Carried Unanimously

6. CLOSE SPECIAL COUNCIL MEETING The meeting closed at 6.36pm.

Mayor ______24 October 2017 235 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 10 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

In Attendance:

Presiding Member: Mayor Bill Spragg

Members:

Councillor Ward Councillor Ron Nelson Manoah Councillor Jan-Claire Wisdom Councillor Ian Bailey Marble Hill Councillor Jan Loveday Councillor Kirrilee Boyd Councillor Nathan Daniell Mt Lofty Councillor John Kemp Councillor Val Hall Councillor Lynton Vonow Onkaparinga Valley Councillor Andrew Stratford Councillor Linda Green Torrens Valley Councillor Malcolm Herrmann

In Attendance:

Andrew Aitken Chief Executive Officer Terry Crackett Director Corporate Services Marc Salver Director Strategy & Development Lachlan Miller Executive Manager Governance & Performance

1. COMMENCEMENT The special council meeting commenced at 6.06pm

2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land.

3. APOLOGIES/LEAVE OF ABSENCE 3.1. Apologies Nil

Mayor ______24 October 2017

236 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 10 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

3.2. Leave of Absence Nil

3.3. Absent Nil

4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE Nil

5. BUSINESS OF THE MEETING 5.1. Elector Representation Review – Hearing of Representation Review Report Submissions

Moved Cr Andrew Stratford 239/17 S/- Cr Ron Nelson

Council resolves:

1. That the report is received and noted. 2. That the meeting procedure for the hearing of submissions is: a. Each person who made a written submission received during the Representation Review Report consultation period, which concluded on 6 October 2017, will have the opportunity to appear personally, or by representative, to be heard for up to ten (10) minutes in relation to their submission. b. At the conclusion of the hearing, up to five (5) minutes will be allocated for Council Members to ask questions of the person and these questions must be directly relevant to the content of the verbal submission provided under 2(a).

Carried Unanimously

The following people addressed Council:

 Joe Frank  Geoff Williams  Leith Mudge  Ross Herrmann  Bob Brooksby

Mayor ______24 October 2017

237 ADELAIDE HILLS COUNCIL MINUTES OF SPECIAL COUNCIL MEETING TUESDAY 10 OCTOBER 2017 36 NAIRNE ROAD WOODSIDE

Moved Cr Herrmann S/- Cr Bailey

Council resolves that the residential location of the speakers be included in the minutes.

Lost on casting vote of Mayor

Cr Herrmann called for a Division.

The Mayor set aside his ruling.

In the affirmative (6) Councillors Stratford, Hall, Herrmann, Green, Bailey, Nelson

In the negative (7) Councillors Boyd, Kemp, Daniell, Wisdom, Loveday, Vonow and Mayor Spragg

On the basis of the results of the division, the Mayor declared the motion LOST

6. CLOSE SPECIAL COUNCIL MEETING The meeting closed at 7.24pm.

Mayor ______24 October 2017

ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 24 October 2017 AGENDA BUSINESS ITEM

Item: 12.1

Originating Officer: Dennis Rainsford, Team Leader Regulatory Services

Responsible Director: Marc Salver, Director Strategy and Development

Subject: Draft Dog and Cat Animal Management Plan 2018-2022

For: Decision

SUMMARY

This report presents the final draft Dog and Cat Animal Management Plan 2018-2022 (refer Appendix 1) for Council’s consideration and adoption. The proposed final draft Dog and Cat Animal Management Plan 2018-2022 (DCAMP) comprises animal management objectives and strategies developed from feedback obtained through two phases of community engagement and input from Council Members and staff. This report seeks adoption of the final draft DCAMP and for it to be forwarded for approval to the Dog and Cat Management Board.

RECOMMENDATION

Council resolves:

1. That the report be received and noted 2. That the Draft Dog and Cat Animal Management Plan 2018-2022 contained within Appendix 1 of this report be adopted 3. That the Dog and Cat Animal Management Plan 2018-2022 be forwarded to the Dog and Cat Management Board for approval 4. That the Chief Executive Officer be authorised to make any formatting or non-significant grammatical and/or content changes to the Draft Dog and Cat Animal Management Plan 2018-2022 for publication purposes during the period of its currency.

1. GOVERNANCE

 Strategic Management Plan/Council Policy

Goal 2 Activities and opportunities to connect Strategy 2.5 We will support opportunities for learning in our community to increase the confidence, wellbeing and health of our citizens

Page 1 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

The final draft Dog and Cat Animal Management Plan 2018-2022 (DCAMP) includes strategies to educate residents in a number of animal management activities including responsible dog and cat ownership. This education aims to improve responsible dog and cat ownership, reduce unwanted animal behaviours such as dog attacks, and increase beneficial animal behaviours leading to increased confidence and wellbeing of the community.

Goal 3 Places for people and nature Key Issue 3.6 We will reduce the impact of cats on native flora and fauna

The final draft DCAMP contains a number of strategies to assist in minimising the impact of cats on native flora and fauna.

 Legal Implications

Each council must, in accordance with Section 26A of the Dog and Cat Management Act 1995 (the Act), prepare a plan relating to the management of dogs and cats within its area.

The Act underwent significant review and amendment in 2016. A significant change to the Act as a result of this review was the inclusion of cats in many clauses. Historically, cats have been excluded from the Act given it was originally intended for dog control only. With a number of exceptions (e.g. control orders, compulsory registration), these reforms bring cats closer in line with dogs in the eyes of the law and therefore increases the ability of councils to manage cats in the community.

Significant changes to the Act as a result of the review undertaken include:

 Mandatory desexing and microchipping of dogs and cats (from 1 July 2018)  Increased expiation fees (from 1 July 2017)  Need for breeders to register with the Dog and Cat Management Board (from 1 July 2018)  Codes of practice for breeders (from 1 July 2018)  Greater investigative powers for authorised officers (from 1 July 2017)  Expiation fees increased  Enhanced powers for authorised officers

In recognition of the different needs of communities around the state, individual councils retain the discretion on the level of resources they devote to dog and cat management in their area.

 Risk Management Implications

The endorsement of the proposed final draft DCAMP will assist in mitigating the risk of:

The Council failing to meet its animal management responsibilities and its obligations pursuant to Section 26A of the Dog and Cat Management Act 1995 to have an DCAMP in place and approved by the Dog and Cat Management Board.

Inherent Risk Residual Risk Target Risk Medium (3C) Medium (2C) Low

Page 2 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

The endorsement of the final draft DCAMP (refer Appendix 1) will mitigate the abovementioned risk and allow the plan to be forwarded to the Dog and Cat Management Board for approval in line with Section 26A of the Act.

 Financial and Resource Implications

There are no financial or resource implications relating to this report by endorsing the final draft DCAMP.

The recurrent dog management budget contains an annual amount of $30,000 to implement actions contained within the DCAMP. Draw down on this budget allocation must be on dog related actions as these funds are raised through dog registrations fees. Currently, there is no specific funding for implementing cat management activities. Therefore, any new cat management services over and above those already provided, which is predominantly the hire of cat traps, will require funding. Funding for such services could be raised through general revenue or via specific cat management income raising mechanisms, such as registration.

Many of the strategies within the proposed final draft DCAMP will be undertaken with existing resourcing and therefore there will be no additional resources required for these actions. However, there are several strategies within the final draft DCAMP that will involve the need for additional resources, if adopted and implemented. Strategies contained within the adopted DCAMP that cannot be resourced from recurrent budgets will be presented to Council for funding through the annual budget development process.

In particular, if stronger cat controls are considered necessary, then the resource and financial implications will have to be explored with any additional proposed cat management services over and above those already provided needing to be funded and resourced. In the case of the objective in the final draft DCAMP to explore tighter cat controls (refer Objective 6.3.4 of the final draft DCAMP), there are potentially significant resource implications arising from implementing this objective. Accordingly, the associated strategy includes the requirement to consider resource implications along with consideration of tighter cat controls. If adopted by Council, this aspect will again be presented to Council for funding through the annual budget development process.

 Customer Service and Community/Cultural Implications

Implementing actions arising from the DCAMP will lead to improved community confidence in Council in this regard. This can be achieved by meeting objectives and key performance measures highlighted in the DCAMP. These objectives and key performance measures were developed taking into consideration feedback obtained through two stages of community engagement.

 Environmental Implications

Council’s final draft DCAMP contains objectives to minimise the environmental damage that can be caused by dogs and cats through measures such as encouraging responsible pet ownership. More specifically, the final draft DCAMP contains strategies focusing on specific animal management issues such as the environmental damage caused by cats. Strategies contained within Council’s final draft DCAMP align with Key Issue 3.6 of Council’s Strategic Plan to reduce the impact of cats on native flora and fauna.

Page 3 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

 Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community

Phase two of the community engagement ran from 25 July 2017 to 22 August 2017. This engagement sought feedback from key stakeholders and the community on the draft DCAMP, which was presented to Council at its 11 July 2017 special meeting.

The community engagement undertaken to date included:

 Notices in local newspapers  Information on Council’s website  Promotion at ChipBlitz microchipping days at Lobethal and Stirling  Notification on social media  Writing to key stakeholders  Waste truck advertising banners  Road side community signage  Drop in sessions at the Stirling Library, Gumeracha Library and Woodside Library  Use of the online engagement tool  Ability to provide written submissions

The online engagement site recorded a total of 475 site visits resulting in 475 participants becoming aware of the Plan. As a result of the community engagement undertaken, 66 online surveys were completed.

2. BACKGROUND

All councils are required to develop and maintain a plan of management relating to dogs and cats for their areas pursuant with Section 26A of the Act. These plans are referred to as Animal Management Plans and are reviewed every five years. The five year term for the current Adelaide Hills Council DCAMP expires at the end of 2017 and therefore requires review and approval by the Dog and Cat Management Board in early 2018.

A report was presented to the Strategic Planning and Development Policy Committee on 8 November 2016 which contained a proposed project plan to guide the development of the DCAMP. At that meeting the Committee resolved:

Page 4 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

In accordance with the above resolution and the adopted project plan, phase one community engagement was undertaken in early 2017. Feedback from the phase one community engagement undertaken was incorporated into a draft DCAMP recommended to a Special Council Meeting on 11 July 2017. The 11 July report sought endorsement to proceed to phase two community engagement. At that meeting Council resolved:

The results of the phase 2 community engagement undertaken in early 2017 are included in this report along with any proposed changes incorporated into the final draft DCAMP (refer Appendix 1 which shows the tracked changes).

3. ANALYSIS

The second round of community feedback was sought from 25 July 2017 to 22 August 2017. The draft DCAMP was made available on Council’s website and hard copies were available at all Council service centres. Comment was sought on specific aspects of the draft DCAMP with a final question seeking any further generalised comment.

The participation included:

 475 aware participants – who visited the web site page  245 informed participants – who visited the FAQ part of the web site or the Key Dates List or downloaded a document  66 engaged participants – completed the survey

This corresponds with the first round of community engagement where 675 visited the web site to look at the draft DCAMP, 264 informed participants and 215 engaged participants.

Drop in sessions were held at Gumeracha on Saturday 5 August 2017 10.00am – 12.00pm, Stirling on Thursday 10 August 2017 5.30pm – 7.30pm, and Woodside on Saturday 12 August 2017 10.00am – 12.00pm. These sessions provided an opportunity for residents to meet and discuss the draft DCAMP with Council staff and/or provide verbal comment. Unfortunately very few people attended these sessions and very little feedback was received.

Page 5 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

Respondents to the survey were asked for comment on the forthcoming mandatory state wide requirements. In this regard there was:

 An extremely high level of support for mandatory microchipping including many who see it as extremely important. Only five respondents disagreed, either because it was not required as their dog/cat was confined or because they oppose further regulation. A couple of respondents sought financial assistance to help people to microchip their animals  A high level of support for mandatory desexing (except for registered breeders) although five respondents thought desexing should only be required for cats. Only four respondents opposed desexing of both dogs and cats  An extremely high level of support for breeder registration. Only one respondent opposed and one respondent said that many people are not seeking a purebred pet so there needs to be some containment of costs

There was support for Council’s involvement in emergency management, however, most respondents thought this should be confined to communicating information before, during and after emergency events.

Whilst dogs are already required to be registered some respondents were concerned about the cost of registration, especially for multiple dogs, and the incentive for doing so when dogs are microchipped, contained and desexed.

Respondents were generally in favour of the current dog by-law. Several asked for more enforcement and/or more community education with regard to responsible do ownership.

There was a mix of responses in relation to dog attacks which can be summarised as follows:

 This is already dealt with adequately with existing legislation and Council management practices  Need to keep it in perspective, the context associated with the attack needs to be considered, common sense required  Need to educate the community not just dog owners  Any dog attack should be taken very seriously, dogs that attack should be destroyed at the owners cost, owners should be fined heavily  Dogs should be on a leash at all times, except in a dog park  Need to consider breeds with the propensity to attack

35 respondents made comment on the excessive barking recommendations with a range of comments about the responsibilities of Council, dog owners and neighbours affected by excessive barking.

In relation to dogs and Council parks and reserves:

 11 respondents specifically sought more dog parks  Three said dogs should only be allowed off leash in fenced dog parks  Two said there should be no off leash spaces at all  The remainder left this space blank or made a generalised comment, therefore it could not be inferred what they think of more dogs and council parks and reserves.

Page 6 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

In relation to cat confinement:

 51 of the 66 written responses specifically support confinement of cats  seven respondents specifically oppose it  The remainder left this space blank or made a generalised comment, and therefore it could not be inferred what they think of mandatory confinement.

In relation to cat registration:

 17 respondents specifically support registration of cats  three oppose registration  The remainder either left this space blank or made a generalised comment, therefore it could not be inferred what they think of cat registration.

There was little comment on the existing cat by-law. A few respondents expressed support for limiting cat numbers.

One respondent thought there was a low response rate to the first survey in February- March 2017 which in their opinion does not provide conclusive support for increased cat control.

Another respondent was opposed to the issuing of cat traps to neighbours as a Key Performance Indicator of the draft DCAMP as they see this as heightening the onus on neighbours to manage cat trespass issues.

There was mostly acceptance of the need for appropriate specialist animal management staff, however some were concerned about whether any increase in staff would need to be funded out of general revenue.

There was consistent support for data collection including regular surveys of residents to allow the effectiveness of the DCAMP to be properly monitored and reviewed.

Response to the final open ended comment section mostly reiterated feedback to other questions. One respondent asked for dog friendly events, another sought more enforcement of a requirement to report shooting of dogs and another sought a greater focus on owner maltreatment of dogs. One suggested the recommendations were not sufficiently evidence based and another stated that it is unduly anti cat and pro dog.

Due to the nature of the responses received following phase two of the community engagement, it was considered there is no basis for substantive changes to the draft DCAMP. The draft DCAMP does highlight that various reviews have taken place over the course of the development of the DCAMP, including a review of the Dog and Cat By-Laws, and also the case for a second secure dog park in the Adelaide Hills Council area. Feedback obtained from community engagement undertaken in relation to this plan can be taken into account during the suggested reviews outlined above.

Modifications to the final draft DCAMP include adding to Section 4 - Feedback from the community regarding Phase 2 community engagement. Other modifications made to the final draft DCAMP involved general editing for consistency within the DCAMP. Any modifications made can be seen in the copy of the draft DCAMP with tracked changes for ease of reference (refer Appendix 1).

Page 7 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Draft Animal Management Plan 2018-2022

Noting the information provided above, the two phases of community engagement undertaken and the various reports to Council on this matter, it is recommended that Council adopt the Animal Management Plan 2018-2022 as contained in Appendix 1 of this report for submission to the Dog and Cat Management Board for approval.

4. OPTIONS

Council has the following options:

I. Adopt the proposed final draft DCAMP as attached in Appendix 1 of this report to be forwarded to the Dog and Cat Management Board for approval and implementation. This option is recommended as the plan incorporates feedback obtained from the two phases of community and stakeholder engagement undertaken.

II. Make amendments as identified by Council Members to the proposed final draft DCAMP contained in Appendix 1 and adopt the DCAMP with those amendments. This option is not recommended as any significant changes identified have not been considered by the community, and should significant amendments be proposed, it is recommended the matter be referred back to staff in the first instance for further analysis.

III. Not endorse the final draft DCAMP contained in Appendix 1 of this report. This option is not recommended as failure to endorse the proposed DCAMP will result in delays in progress of the overall Plan formulation and potentially lead to Council’s non-compliance with Section 26A of the Act.

5. APPENDICES

(1) Final draft Dog and Cat Animal Management Plan 2018-2022 for Adoption

Page 8

Appendix 1 Final Draft Dog and Cat Animal Management Plan 2018-2022 for adoption

Draft Dog & Cat Animal Management Plan 2018-2022 Table of Contents 1 INTRODUCTION ...... 1

2 HOW DID WE PREPARE THE PLAN?...... 3 3 BACKGROUND AND CONTEXT TO THE PLAN ...... 5 3.1 LEGISLATION AND BY-LAWS 5 3.2 COUNCIL’S EXISTING DOG & CAT ANIMAL MANAGEMENT SERVICE 7 3.3 COMMUNITY AND GEOGRAPHIC PROFILES OF ADELAIDE HILLS COUNCIL 10 3.4 RELEVANT STRATEGIES AND PLANS 12 3.5 STAKEHOLDERS AND PARTNERS 13 4 FEEDBACK FROM THE COMMUNITY ...... 16

5 DISCUSSION AND SNAPSHOT OF OUR PLAN ...... 20

6 OBJECTIVES, STRATEGIES & KEY PERFORMANCE MEASURES ...... 23 6.1 DOG AND CAT MANAGEMENT 23 6.2 DOG MANAGEMENT 28 6.3 CAT MANAGEMENT 31 6.4 STAFFING THE ANIMAL MANAGEMENT SERVICE 32 6.5 MONITORING AND REVIEW 33 APPENDIX 1: ON LEASH PARKS, OFF LEASH PARKS AND PARKS WHERE DOGS ARE PROHIBITED FROM IN ADELAIDE HILLS COUNCIL ...... 34

1 INTRODUCTION

Around 63% of Australian households own a pet - 39% own a dog whilst 29% of households own a cat. These figures are significant and reflect the sustained popularity of pet ownership in Australia. In South Australia, the Dog and Cat Management Act 1995 (the Act) provides for the management of dogs and cats in the community. Its objects are to:

+ Encourage responsible dog and cat ownership

+ Reduce public and environmental nuisance caused by dogs and cats

+ Promote the effective management of dogs and cats (including through the encouragement of the desexing of dogs and cats) Councils are responsible for implementation of most of the requirements in the Act. The Act requires all Councils to produce a Plan of Management relating to dogs and cats within their local area. They are called Animal Management Plans and they are produced every 5 years. This is the Adelaide Hills Council’s Dog & Cat Animal Management Plan (DCAMP) for 2018- 2022. It includes strategies to manage dogs and cats and sets out how Council’s responsibilities under the Act will be addressed. Section 2 describes the steps we took in preparing this Plan. Section 3 describes the background and context to the Plan. This ensures our Plan reflects the special attributes of the Adelaide Hills Council, and includes:

+ A description of the legislation, Council’s dog and cat management By-Laws and Council’s existing animal management service

+ A profile of the Adelaide Hills Council area and population

+ The Council’s plans and strategies that might have a bearing on the plan

+ The stakeholders and partners who have or might have a role to play in improving the dog and cat management service and outcomes Section 4 provides a summary of the community feedback received in response to the draft Plan. Section 5 provides an overview and snapshot of the Plan. Section 6 provides the objectives, strategies and key performance measures that make up our Dog and Cat Animal Management Plan (DCAMP). Appendix 1 contains a list of the parks and public reserves where dogs may be exercised off- leash, those where they are required to be under effective control by means of physical restraint and the parks and public reserves in which dogs are prohibited from entering.

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2 HOW DID WE PREPARE THE PLAN?

The steps we took in preparing the Plan are summarised below.

THE STEPS WE TOOK IN PREPARING THE PLAN Legislation The Dog and Cat Management Act 1995 is the foundation for Council’s animal management service. Developing this Plan is an opportunity to review our animal management service to improve the outcomes achieved. In addition, there are recent amendments to the Act that will need to be implemented by the Council. The legislation and forthcoming amendments are described in Section 3.1. By-laws The Council has 2 animal management By-laws – one in relation to dogs and one in relation to cats. They expire in January 2019. In preparing this Plan, we considered the requirements contained in these By-laws ahead of a formal review in 2018. The animal By-laws are described in Section 3.1. Existing service Preparing the Plan is an opportunity to reflect on the existing animal management service provided by the Council and consider possible improvements. The existing animal management service is described in Section 3.2. Records and data The Council’s animal management data was reviewed to identify trends, issues and possible priorities. This is described in Section 3.2. Community and An understanding of the community and geographic geographic profiles profiles will ensure the Plan reflects the special attributes of the Adelaide Council district. This is described in Section 3.3. Community feedback The community’s views were a core element in preparing the Plan. Extensive feedback was obtained and this has been incorporated into the Plan where possible and appropriate. The community engagement process and feedback received is explained in Section 4. The Planning Context We reviewed relevant Council Plans and Strategies and their implications for this Plan. This included (but was not limited to) the current Animal Management Plan 2012- 2017, the Council’s Strategic Plan 2016 and the Adelaide Hills Council Biodiversity Strategy 2103. The Planning context is described in Section 3.4. Research and best practice We reviewed the latest research on the key issues. Other states and councils We looked at what other states and councils are doing in regards to dog and cat management. Funding Any new initiatives will need to be resourced along with the resourcing of existing services and facilities. Existing funding arrangements were considered. Staff feedback Council staff were able to provide valuable input on trends, issues and possible priorities and initiatives.

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Partnerships In preparing the Plan, we considered ways to partners with others to improve outcomes and achieve a better use of resources. The list of possible partners is included in Section 3.5.

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3 BACKGROUND AND CONTEXT TO THE PLAN

This section describes the background and context to the Dog and Cat Management Plan including:

+ The Dog and Cat Management Act 1995 and Council’s animal management By-laws

+ Council’s existing animal management service

+ The community and geographic profiles of Adelaide Hills Council that might have a bearing on the Dog and Cat Animal Management Plan

+ Council strategies and plans that are relevant to the Dog and Cat Animal Management Plan

+ Identification of relevant external stakeholders and partners

3.1 LEGISLATION AND BY-LAWS

DOG AND CAT MANAGEMENT ACT 1995 The Act provides the foundation for the Council’s animal management service. Key features of the Council’s responsibilities under the Act are:

+ Dogs must be registered and identified

+ Dogs are not allowed to wander at large, attack a person or an owned animal, cause a nuisance or defecate in a public place unless the owner immediately removes the faeces and disposes of them in a lawful and suitable manner. Dogs are required to be leashed on public roads and in public places

+ Councils have the power to make a range of orders in relation to the keeping of dogs

+ Councils have the power to seize and detain dogs

+ There are specific requirements in relation to the detention/removal of cats from remote or fragile areas and in relation to unidentified cats in other areas. Cats are not required to be registered. This remains a council-by-council decision

LEGISLATIVE CHANGES The South Australian Government has made changes to the Act that are expected to commence 1 July 2017. These are discussed below. Most of the changes will need to be managed and enforced by the Council. Microchipping All dogs and cats over the age of 3 months will be required to be microchipped. The new provisions are intended to commence on 1st July 2018. It is intended that the requirement to microchip will be enforced as part of the annual registration process. A separate process would be required for Councils that don't require cats to be registered. Desexing of dogs and cats

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Dog and cat owners will be required to desex all new generations of dogs and cats born after the date of 1st July 2018 and by the age of 6 months. Owners will not be required to desex dogs and cats born before the prescribed date. Exemptions can be sought from the Dog and Cat Management Board (the Board). Mandatory desexing will help to reduce the large number of unowned and unwanted cats in the community. Sale of dogs and cats Sellers of dogs and cats are to give the new owner a written notice setting out the identity of the seller, the identity of the breeder, details of vaccinations and other treatments, information relating to the microchip, desexing and other relevant medical information and in the case of a dog subject to control orders, details of the order. Dog and Cat breeders Anyone who breeds a dog or cat for sale will be required to register as a breeder. Assistance dogs The term Assistance Dog will replace the terms Disability Dog, Guide Dog and Hearing Dog. The change will provide Assistance Dogs with a wide range of public access rights and there will be changes to who can accredit animals. Council officers The current terms Dog Management Officer and Cat Management Officer will be replaced with Authorised Person. Under the new provisions, Authorised Persons will be granted additional powers to improve their ability to enforce the Act.

CHANGES TO REGISTRATION - DOG AND CATS ONLINE (DACO) At present, all dogs are required to be registered with the respective local Council. From 1st July 2018, a new statewide online portal is proposed to replace individual council registers. Dog owners will pay registration fees online. The new system, to be known as Dogs and Cats Online (DACO) will send owners renewal and reminder notices, and their registration discs. It will be managed by the Board. DACO information will be available 24/7 to Council officers and other Authorised Persons. The statewide registers will enable Council officers to identify the homes of dogs from other council areas. The Board expects an increase in the number of people registering their dog each year (which could increase council revenue). It also expects animals to be returned to their owners more quickly than is possible now. The Board will fully fund DACO through an increase in the percentage of the dog registration fees remitted to the Board. For country councils, such as Adelaide Hills Council, the increase in the percentage of fees remitted to the Board will increase from 10 to 12%. Councils will need to review their systems and processes to capture the new information. Existing databases may not have the necessary functionality. There will also be an opportunity to integrate other databases (microchipping, dog incidents, breeder registration).

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The new microchipping requirements will require cat owners to upload their details into DACO. DACO would then become a tool Council could use to manage cats.

BY-LAWS Adelaide Hills Council has 2 By-laws relating to dogs and cats. Dog By-law (By-law No 5 of the Adelaide Hills Council):

+ Provides a permit requirement for premises wishing to keep more than two dogs in townships and 3 dogs outside townships (exemptions apply)

+ Provides for dog exercise areas, dog on leash areas and dog prohibited areas. The parks and reserves in each category are listed in Appendix 2

+ Requires people to carry a receptacle suitable for removing their dog’s faeces from public spaces Cat By-law (By-law No 6 of the Adelaide Hills Council):

+ Provides a permit requirement for households wishing to keep more than two cats. Both By-laws expire in January 2019. They are to be reviewed to ensure their continuing applicability and to identify any new matters that might be included in the By-law. If a mandatory requirement to register and/or confine cats were to be introduced, this would happen by way of a By-law. By-law reviews require public consultation as part of the process.

3.2 COUNCIL’S EXISTING DOG & CAT ANIMAL MANAGEMENT SERVICE

EXISTING DOG & CAT ANIMAL MANAGEMENT SERVICE Registration All dogs are required to be registered. Cat registration is a council-by-council decision. At this time, Adelaide Hills Council does not require cats to be registered. From 1st July 2018, registration will be managed by the new statewide DACO. Whilst the Board will manage dog registrations under the DACO system, Council will still have a role to play in following up those that fail to register/reregister their dog. Staffing Council has five Authorised Persons who spend approximately 60% of their time working on dog related matters. One or more rangers are on duty between 8.30am and 5.00pm seven days a week and on-call officers are available to handle emergencies outside these hours. Additional resources are likely be required to implement new forthcoming requirements and if cat registration and/or confinement is introduced through the By-law review. Lost and unowned pets

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A dog pound has been constructed at Heathfield Depot. This provides for the temporary holding of lost and unowned dogs. There is no facility currently available to detain cats. Dogs that cannot be re-united with their owner are handed to the Animal Welfare League for re-homing. A plan will be required for how the Council will detain cats. Dog attacks Council currently receives approximately 70 reports of dog attacks each year. The majority of these attacks are on other dogs or animals. A Standard Operating Procedure exists for dealing with dog attacks to ensure the necessary steps are taken to investigate and respond to such incidents. Key measures to reduce the incidence of dog attacks include early socialisation and obedience training, confinement to prevent dogs from wandering and effective control of dogs in public places. Education, especially of children, in how to behave around dogs can reduce the risk (especially children). Research by the Board shows that undesexed dogs are 7 to 10 times more likely to attack than desexed dogs. The forthcoming mandatory desexing requirement will help to reduce the risk. Rangers continue to review their processes for dealing with dog attacks. Dog barking Excessive barking is a problem that consume a considerable amount of Council resources. Ninety per cent of dog complaints are resolved within 14 days but the remaining 10% can become intractable and particularly difficult to resolve. A Standard Operating Procedure exists for dog barking to ensure that it reflects best practice and consistency of approach by the Authorised Person. Rangers continue to review their processes for dealing with dog barking problems. Education in responsible pet ownership The Ranger Services Team has a range of brochures and Council’s website provides information to dog owners on a range of relevant topics. The Board supports a primary school education program aimed at 6-10 year olds. A primary focus of these programs is to reduce the incidence dog attacks on children. Dogs in public places Council’s Dog By-law provides for declared areas where dogs are allowed to be exercised off the leash and where they are prohibited from entering. In addition to the declared areas, dogs are also prohibited from playgrounds and are required to be on the leash on any reserve or park when organised sport is being played.

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Council’s Wright Road Dog Park was completed in 2011. It is about 0.8 hectare in area. Facilities include an off-street car park, agility equipment and a separate space for puppies and small dogs. Appendix 1 lists the parks and reserves where dogs are prohibited from, where they are allowed off leash and where they are required to be leashed. Owners of dogs or the person responsible for the dog are required to remove any dog faeces left by their dog in a public place. Failure to do so is an offence under the Act. Council’s By-law also makes it an offence to take a dog into a public place if the person in control of the dog is not carrying a dog bag or similar to remove the dog’s droppings. Council supplies approximately 40 dog bag dispensers across the Council area and spends in excess of $8,000 per annum supplying bags and maintaining dispensers. Officer time is also required to replenish the bag dispensers. Issues in relation to dogs in public places include that:

+ Dogs are retained under effective voice control in off leash areas

+ Dogs are kept on the leash in on leash areas

+ Dogs are not taken to areas where dogs are prohibited

+ Dog faeces are removed from public places and dog owners carry a receptacle with them to pick up their dog’s dropping Council may also wish to consider if a second Dog Park is warranted.

REGISTERED, MICROCHIPPED AND DESEXED DOGS In 2015/2016, Council had 8,127 registered dogs of which 60.7% were both microchipped and desexed. Whilst the number of registered dogs with Adelaide Hills Council has been reasonably static over the last 5 years, there has been a steady and significant increase in the percentage of registered dogs that are both microchipped and desexed (up from 40.92% in 2011-2012).

CAT CONTROL AND MANAGEMENT Council’s Cat By-Law controls the number of cats that can be kept per premises. The Act provides for the detention/removal of cats from remote or fragile areas and in relation to unidentified cats in other areas. Council has cat traps that can be hired out to residents wishing to manage cats trespassing on their property. At this time, Council does not provide a facility to detain cats.

FUNDING All monies received from dog registrations, expiations and fines are spent on dog management. Council runs at break even or as near as possible. Any deficit is of a minor amount.

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Council pays 10% of funds received from dog registrations to the Board. This will rise to 12% with the commencement of the state-wide registration portal. Council does not raise specific revenue for the management of cats and therefore the level of cat related services provide by Council is limited.

OTHER ANIMALS Council has powers under the Local Government Act 1999 and the Local Nuisance and Litter Control Act 2016 to control nuisance on a property. This could include animals that are causing a hazard or nuisance. Council has from time to time used this legislation in relation to poultry kept on private property. Council has powers under the Impounding Act 1920 and Council By-laws to manage stock wandering on public roads and the various other legislation to control excessive numbers of animals kept on a property that are causing a hazard or nuisance. The problems associated with straying livestock is exacerbated by the number of absentee land owners in the Adelaide Hills district who may not have direct supervision of their stock at all times.

3.3 COMMUNITY AND GEOGRAPHIC PROFILES OF ADELAIDE HILLS COUNCIL

The following features of the Adelaide Hills Council District are relevant to this Plan.

COMMUNITY PROFILE1 IMPLICATIONS FOR THE COUNCIL’S ANIMAL MANAGEMENT SERVICE Population growth Population growth across A corresponding low the district is low compared growth in the number of to other parts of Adelaide. pets is also expected.

Household types Dominant household types It is important for the Plan are: to recognise the dominant * Couples with children household types in the (39%) Adelaide Council area. * Couples without children (31%) 18.1% are lone person households. New residents 20.1% of residents in 2011 There is an ongoing need did not live in the district in to engage with new 2006. residents on Council’s animal management service.

1 ADELAIDE HILLS STRTEGIC PLAN OCTOBER 2016

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Volunteers Adelaide Hills has nearly Potential to capitalise on twice the level of high rates of volunteering volunteering as compared to to improve animal the greater Adelaide area. management and related outcomes.

GEOGRAPHIC PROFILE IMPLICATIONS FOR THE COUNCIL’S ANIMAL MANAGEMENT SERVICE Council size The Council area covers This is a large geographic 795.1 square kilometres. area for the Ranger Services Team to service. Urban development The Adelaide Hills Council There are different animal area is predominantly a management challenges in rural area. Residential urban compared to non- development varies from urban areas. the more urban areas of the foothills and the main settlement of Stirling to the numerous smaller townships and villages. Rural land is used mainly for water catchments, conservation, forestry, farming, market gardening, grazing, quarrying and fruit growing. Urban growth Much of the Council district Population growth in the is covered by the Hills Face Council district is low and Watershed (Primary compared to other parts of Productions) Zones. Adelaide.

Biodiversity The Council district is The detrimental impact of situated within the Mount dogs and cats needs to be Lofty Ranges; a managed. This is a strategy Commonwealth Biodiversity contained in the Adelaide Hotspot2. Hills Council Biodiversity Strategy 2013.

2 ADELAIDE HILLS COUNCIL BIODIVERSITY STRATEGY 2013

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Bushfire risk The Council district is Pet ownership should be contained within the Mount considered in planning for Lofty Ranges Fire Ban emergency management. District. The 2015 Sampson Flat bushfire caused the loss of 24 homes and 10 dogs/cats perished. A survey3 of 272 people affected by the fire found that over half of respondents had pets or livestock and that they would have found it ‘most helpful’ if more information was available regarding relocation of pets and information on evacuation centres that provided for pets. The study also found that the CFS was a trusted source of information.

3.4 RELEVANT STRATEGIES AND PLANS

Council’s plans and strategies were reviewed for their relevance to this Plan. The Adelaide Hills Strategic Plan (October 2016) has particular relevance because it outlines the Council’s key areas of focus for the coming years. Its goals are set out below along with their implications for the Councils animal management service.

GOAL RELEVANT STRATEGIES IMPLICATIONS FOR THE ANIMAL MANAGEMENT PLAN Goal 1 Support active lifestyles. Recognise the role of dog People and business Strategy 1.9 Work to make walking in the promotion prosper the district more age- of active lifestyles. friendly. Consider ways to assist pet Strategy 1.12 Seek ownership amongst the opportunities to increase elderly. the wellbeing and resilience Assist pet owners in of the community to planning for and

3 CAPTURING COMMUNITY EXPERIENCES IN THE 2015 SAMPSONS FLAT FIRE – A REPORT FOR THE SOUTH AUSTRALIA COUNTRY FIRE SERVICE BY THE APPLETON INSTITUTE, CQ UNIVERSITY, DECEMBER 2015

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withstand, recover and grow recovering from in the face of challenges. emergencies and natural disasters. Goal 2 Adelaide Hills has nearly Consider opportunities to Activities and twice the level of capitalise on high rates of opportunities to connect volunteering than the volunteering to improve greater Adelaide area which animal management and needs to be fostered. related outcomes. Goal 3 Provide good places for Provide facilities for dog Place and people for people to meet, connect walkers to engage with nature and participate. others. Strategy 3.6 Reduce the Reduce the impact of impact of cats on native domestic pets on the flora and fauna environment, townships and public spaces. Goal 4 Strategy 4.2 Explore the Consider opportunities to Explore ideas and work opportunities that emerging use technology to achieve with others technologies present to improved animal people living, working, management outcomes. visiting or doing business in Consider partnerships with the district. others to improve animal Strategy 4.6 Actively pursue management outcomes opportunities to share and achieve a better use of resources and partner with resources. others for better community outcomes.

3.5 STAKEHOLDERS AND PARTNERS

The organisations with an involvement in or interface with animal management are listed below. Building partnerships and clarifying Council’s role can improve outcomes and achieve a more effective use of resources.

THE DOG AND CAT MANAGEMENT BOARD (the BOARD) The functions of the Board are to:

+ Plan for, promote and provide advice about, the effective management of dogs and cats

+ Oversee the administration and enforcement of the provisions of [the] Act relating to dogs

+ Inquire into and consider all proposed By-laws referred to it under [the] Act, with a view to promoting the effective management of dogs and cats, and, to the extent that the Board considers it appropriate, the consistent application of By-laws throughout South Australia

+ Advise the Minister or the LGA, either on its own initiative or at the request of the Minister or the LGA, on the operation of [the] Act or issues directly relating to dog or cat management in South Australia

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+ Undertake or facilitate research relating to dog or cat management

+ Undertake or facilitate educational programs relating to dog or cat management

+ Keep [the] Act under review and make recommendations to the Minister with respect to the Act and regulations made under the Act

+ Carry out any other function assigned to the Board by the Minister or by or under [the] Act A proportion of the funds collected from the Council’s animal registrations are paid to the Board The Board audits the Council’s animal management service. From 2018 the Board will be responsible for the new DACO registration system.

NEIGHBOURING COUNCILS There is potential to increase the sharing of information and resources with neighbouring Councils; whether formally or informally. The Council is a member of the Southern and Hills Local Government Association, which is a regional association of Councils under Part 4 of the constitution of the Local Government Association of South Australia. Its member councils are Adelaide Hills Council, Alexandrina Council, Kangaroo Island Council, Mount Barker District Council, City of Victor Harbor, and the District Council of Yankalilla.

ANIMAL WELFARE ORGANISATIONS These include (but are not limited to):

+ The RSPCA South Australia

+ The Animal Welfare League of South Australia

+ Lost Dogs of Adelaide

+ Lost Pets of South Australia

+ The Hahndorf Interim Animal Shelter

+ Cats Assistance to Sterilise (C.A.T.S.)

+ The National Desexing Network Animals that are unowned or cannot be reunited with their owner are handed to the Animal Welfare League for rehoming after the statutory holding period has expired.

LOCAL GOVERNMENT ASSOCIATION The Local Government Association provides services, support and leadership to South Australian Councils. It has introduced the My Local Services App which can provide a range of Council information including Council facilities, events, and procedures.

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LOCAL GOVERNMENT AUTHORISED PERSONS ASSOCIATION (APA) The APA facilitates professional development of members and seeks to facilitate sharing of information and resources and standardised work practices amongst Councils.

MICROCHIP IMPLANTERS AND VETERINARIANS Approved microchip implanters (including veterinanians) will be required to upload the details of the animals they microchip on to DACO. Veterinarians will also be required to upload the details of the animals they desex. Veterinarians are usually an early point of contact for owners of puppies and kittens and could assist with making the Council’s education material available. Some veterinary clinics run puppy pre-school classes which provide owners of puppies with information on raising dogs and early socialisation classes.

DOG OBEDIENCE CLUBS AND TRAINERS Dog obedience clubs help dog owners to train their dogs. Whilst there are no dog obedience clubs within the Adelaide Hills Council area, there are some in neighbouring districts. There are also private dog training companies that provide training and group classes.

EMERGENCY SERVICES ORGANISATIONS Organisations such as the Country Fire Service (CFS) and the State Emergency Service (SES) attend fires and provide help during declared and other emergencies. Pet owners in fire risk areas have a number of challenges that should be included in their bush fire response plans.

COMMUNITY GROUPS AND VOLUNTEERS There is a number of Community groups such as the sporting clubs, Friends of groups and Council’s Biodiversity Advisory Group that can have an interest in and interface with Council’s management of dogs and cats. The Adelaide Hills Council area has high levels of volunteering compared to other parts of Adelaide. This is an opportunity that the Council could capitalise on to improve animal management outcomes.

PET OWNERS Pet owners have a number of obligations in relation to their pets. These include caring for the pets’ health and wellbeing and compliance with relevant legislation.

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4 FEEDBACK FROM THE COMMUNITY

4.1 FEBRUARY-MARCH 2017 Formatted: Heading 2 Formatted: Font: Calibri, 11 pt The first stage of public and key stakeholder consultation sought feedback on the animal management issues (predominantly dog and cat related) the community felt should be included in the new Plan. This stage ran from 9th February to 9th March 2017. Feedback was sought via an online survey or in writing (via email or hard copy). Three “drop in sessions” were also held at the following locations and times where staff were available to answer questions about the Plan:

th + Saturday 18 February 10am-2pm / Gumeracha Library

+ Thursday 23 February 5.30-7.30pm / Coventry Library, Stirling

th + Saturday 25 February 11am-1pm / Woodside Library Two hundred and thirty two surveys were completed. Council received four written submissions and one petition containing 55 signatories. Very little feedback was obtained from the drop in days. The following is a summary of the feedback received from the survey and submissions.

CAT MANAGEMENT Q: What cat related management issues should be considered for inclusion in council’s 2017- 2022 animal management plan? Response 80% Cat confinement 77% Cat registration 67% Cat numbers per household There was strong support for upgraded cat management in Adelaide Hills (cat confinement, cat registration and control over the number of cats per household). The primary concern was with wandering cats. The overwhelming concern with respect to wandering cats was the impact of cats on wildlife and most particularly with roaming cats that are then reported to kill wildlife on the respondent’s property. This group does not believe they should have to put up with this impact and that they should not have the responsibility to trap these cats. Respondents were also concerned with the impact of cats on wildlife in reserves, on roadsides and with general nuisance from roaming cats on private property. Many say that cats should be treated the same way as dogs i.e. registered and confined. Most respondents did not say if a confinement requirement should be for all or part of the day. Those that did make a distinction suggested that it should be a dusk to dawn confinement requirement.

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A number of submissions opposed additional cat management/control saying that confinement and/or registration is not required and would be too onerous for cat owners. Suggestions made for future cat management include:

+ Special consideration required for cats on farms which are required for rodent control

+ Culling of feral cats required

+ Concerns about the cost of de-sexing and microchipping of cats

+ Concerns about the cost of cat runs and whether they are permitted to be built

+ The Plan should acknowledge the damage done by cats

+ Acknowledge the essential role of cats and the benefit to their owners. Don't make new requirements too costly or onerous

+ Educate the community about the impacts of cats and the need to manage them to reduce their adverse impacts

+ Enforce any new requirements

DOG MANAGEMENT Q: What dog related management issues should be considered for inclusion in council’s 2017- 2022 animal management plan? Response 65% Unrestrained dogs/wandering dogs 56% Barking dogs 53% Dog attacks Respondents were less concerned with dogs than cats. Whilst more respondents were concerned with unrestrained/wandering dogs than barking dogs and dog attacks, the strongest qualitative comment was made about barking dogs – the adverse impact of excessive barking and the onerous procedures that complainants need to undertake. Several respondents said it was not clear what constitutes a valid nuisance. Concerns with dogs that are wandering at large most particularly related to the impacts on livestock and wildlife. Inadequate fencing was seen as an issue. Dog parks were mostly very popular with requests for more of them. There was a request to extend the hours of operation. However there was also a concern about them being located close to dwellings. There was strong support for increased enforcement of leash requirements and improvements to signage. Some concerns were raised with dog faeces that are not picked up. Several respondents sought increased training of dogs and education of dog owners.

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OTHER ISSUES FOR ADELAIDE HILLS COUNCIL TO CONSIDER Other issues raised include:

+ Increased management of all animals not just domestic animals

+ Subsidised microchipping & desexing

+ Education of pet owners

+ No animal costs from general revenue

+ Signage on roads for wildlife

+ Council to monitor breeders

+ Welfare of livestock

+ Clear information on Council’s website about the potential impacts of animals

+ Formatted: Normal, Left 4.2 JULY-AUGUST 2017

A second round of community feedback was undertaken from 25 July-22 August 2017 when the draft Dog & Cat Animal Management Plan was made available for review and written comment. Three “drop in sessions” were held however very little feedback was received from theses forums. 66 written responses were received. The feedback received was consistent with that received in February-March 2017 as summarised below. NEW STATWEWIDE REQUIREMENTS There was a very high level of support for the forthcoming statewide requirements including mandatory microchipping of dogs and cats, mandatory desexing of new generations and dogs and cats (support most particularly for desexing of cats) and breeder registration. DOG MANAGEMENT A mix of respondents called for more or less off leash areas. Some called for more signage, education, enforcement and tougher penalties for dogs that attack. There was support for another dog park from 11 respondents.. CAT MANAGEMENT There was high level of support for confinement of cats (51 of the 66 respondents). Only 7 specifically opposed cat confinement. Seventeen respondents specifically support cat registration whilst seven specifically oppose it. The remainder were either silent, commented on something else or their opinion could not be clearly inferred from their comment. and the remainder were either silent, commented on something else or their opinion could not be clearly inferred from their comment.

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EMERGENCY MANAGEMENT There was support for Council’s involvement in emergency management, however, most respondents thought this should be confined to communicating information both before during and after emergency situations. Most respondents thought it was up to pet owners not the Council to provide for their pets during such events. The comments received will be taken into account in clarifying Council’s animal management role in emergencies. It was not considered that any changes to the draft Plan were warranted. The qualitative comment received will be taken into account in the work to be undertaken as a result of this Plan.

Formatted: Normal, Left

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5 DISCUSSION AND SNAPSHOT OF OUR PLAN

OVERVIEW The Dog and Cat Animal Management Plan (DCAMP) 2018-2022 addresses Council’s responsibilities under the Act. However, the actions and priorities have been customised to ensure they reflect what the local community wants to see in the Plan as well as the special attributes of the Adelaide Hills Council district.

NEW STATEWIDE REQUIREMENTS From 1st July 2018, all dogs and cats will be required to be microchipped and all new generations of dogs and cats will need to be de-sexed. In addition, the new statewide online registration portal will replace the current council-by-council registration process. These are significant changes that will need to be planned for, resourced and disseminated to the community. They will be an early and sustained focus of the Dog and Cat Animal Management Plan.

INCREASED CAT CONTROL Council’s 2012-2017 Animal Management Plan elected not to proceed with cat registration. The stated reasons were that:

+ It would be difficult to enforce

+ It would not resolve the major cat related problems which were wandering and semi owned cats

+ Identification of cats was an issue that could be achieved without a complex registration framework However, it is considered that there is now some momentum for increased cat control in Adelaide Hills Council. In the 2017 survey:

+ 77% of respondents were in favour of cat registration

4 + 80% of respondents were in favour of cat confinement Cat registration provides a funding stream for cat management. It could also result in more people desexing or microchipping their cats. Many people say cats should be treated the same as dogs and be registered. However, registration imposes a cost on cat owners and if introduced would need to be resourced and enforced by Council. Five councils in South Australia have already introduced cat registration. They include Mitcham, Victor Harbor, Kangaroo Island, Roxby Downs and Whyalla. New South Wales and Victoria have both had statewide cat registration for over 20 years. The case for cat confinement is not conclusive, however, there is support for it in the literature. It is known that cats do roam and do prey on wildlife although this varies by cat, cat

4 MEANING THE CAT IS KEPT INDOORS, WITHIN A CAT RUN OR OTHERWISE CONFINED OF THE HOME PRPOERTY

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density and wildlife density. What is less conclusive is whether they cause declines in wildlife populations. Many ecologists believe there is a risk to wildlife populations and favour exclusion of cats from environmentally sensitive areas. Many suggest we should rely on the precautionary principle in the absence of conclusive proof of the risk to specific species. Confinement of cats to the home property is widely seen as the most effective means of reducing the risk. However it can be difficult for owners to confine cats that are used to roaming. There are also welfare impacts to consider. On the one hand confinement helps to protect cats from catching disease, getting lost and being injured or killed. On the other hand, confined cats could be more susceptible to feline stress and diabetes than those allowed time outdoors. A 2014 study5 undertaken by the University of South Australia for the Board revealed that many South Australians believe that cats pose a risk to wildlife. In the survey of 6086 cat owners, 7 in 10 respondents said they believed cats hunting wildlife is a problem. A corollary to this is that many cat owners already confine their cats for all or part of the day. The survey found that 34% confine their cats indoors all the time, 23% confine their cat at night only, 20% allow their cat access to an outdoor cat run on the home property and only 16% allow their cats free access off the property. This suggests there is already a level of community acceptance of the case for confining cats for all or part of the day. Adelaide Hills is located within the Mount Lofty Ranges, a nominated Commonwealth Biodiversity Hotspot where a high variety of locally native flora and fauna species continue to survive since European settlement. The Adelaide Hills Biodiversity Strategy 2013 states that there are comparatively few areas in the country which are so rich and diverse in native plants and wildlife. Increased cat control might be justified in an environmentally sensitive area like Adelaide Hills Council. Only one Council in South Australia (Kangaroo Island) has a 24-hour cat confinement requirement. However night curfews have been introduced by Flinders Ranges and Whyalla Councils whilst in Victoria 4 Councils have 24 hour confinement requirements and 7 have night curfews. If Council is to proceed with cat registration and/or confinement, a separate process is required to amend the current Cat By-Law. Both will be considered, taking into account detailed research and resourcing implications, when the current Cat By-Law is reviewed in 2018. If these cat controls are introduced in Adelaide Hills Council, they will also need to be planned for, resourced and disseminated to the community. It is proposed that this would occur in conjunction with, and as part of a broader, integrated program that introduces the new statewide requirements.

5 UNIVERSITY OF SOUTH AUSTRALIA (2014) CAT OWNERS SURVEY 2014

6 IT IS NOTEWORTHY THAT ADELAIDE HILLS COUNCIL WAS ONE OF THE MOST REPRESENTED COUNCILS IN THE SURVEY WITH 5% OF RESPONDENTS LIVIING IN ADELAIDE HILLS COUNCIL

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DOG AND CAT MANAGEMENT – COMMUNITY EDUCATION PROGRAM (DCM-CEP) The scale of the work outlined above should not be underestimated. It is thought that it is likely that there is confusion about the status of different animal management requirements, for example the difference between registration and microchipping, differences that apply to dogs and cats, differences between Councils and what is required compared to what is only encouraged. In addition, mandatory desexing will only apply to new generations of dogs and cats. The 2014 Board survey7 confirmed some confusion amongst cat owners. Half the respondents were unaware if their Council had a Cat By-law or not and the study’s authors suspected that many respondents misunderstood the difference between registration and microchipping. Disseminating the suite of existing and new requirements will be an early and sustained focus for the life of this Plan. It will occur via a comprehensive and integrated program that will involve co-ordination where possible with a range of stakeholders such as the Board, neighbouring Councils, veterinarians, community groups and animal welfare organisations. This could involve sharing information and resources and co-ordinated community education.

EMERGENCY MANAGEMENT Adelaide Hills Council is in the Mount Lofty Ranges Fire Ban District. Council will review and clarify its role in preparing pet owners for bush fires and other emergencies. This follows community feedback received after the week long 2015 Sampson Flat fire.

OTHER MEASURES CONTAINED IN THE PLAN The remainder of the Plan involves ongoing monitoring, review and improvement where possible of Council’s procedures and education material in conjunction with careful monitoring of our key performance indicators. Council will monitor its existing Dog Park and review the case for establishing a second Dog Park in the Council area.

7 UNIVERSITY OF SOUTH AUSTRALIA (2014) CAT OWNERS SURVEY 2014

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6 OBJECTIVES, STRATEGIES & KEY PERFORMANCE MEASURES

This section contains our animal management objectives, strategies and key performance measures for 2018-2022. Section 6.1 contains our plans applying to both dog and cat management Section 6.2 contains our plans applying specifically to dog management Section 6.3 contains the plans applying specifically to cat management Section 6.4 contains the plans for staffing Council’s animal management service Section 6.5 contains our plan for ensuring the Plan is implemented, monitored and reviewed

6.1 DOG AND CAT MANAGEMENT

MANDATORY MICROCHIPPING All dogs and cats will be required to be microchipped from 1st July 2018, unless exempted pursuant with the Act. This will assist with the return of pets to their owners and help to distinguish between owned and unowned animals. Approved microchip implanters will be required to upload the details of the animals they microchip on to DACO. New procedures will be required to manage and enforce these requirements including a facility to detain unidentified cats. Extensive community education will be required. This will be included in a comprehensive Dog and Cat Management – Community Education Program (DCM-CEP). It could include microchipping days. Veterinarians will have an important role to play as they are an early point of contact for new pet owners.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.1.1 Ensure Council (a) Review and modify Council systems reviewed systems will accommodate procedures and records and and modified. the new requirements. data collection to accommodate the new requirements. 6.1.2 Educate residents (a) Incorporate mandatory Percentage of residents about the mandatory microchipping into the Dog surveyed who indicate microchipping and Cat Management – correct awareness and requirements. Community Education understanding of the Program (refer 6.1.6). requirement. (b) Work with local vets to Increase in the percentage promote the mandatory of dogs and cats found to microchipping requirement be microchipped over for all dogs and cats. time.

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6.1.3 Enforce compliance (a) Send Authorised Persons Number of random checks with the mandatory to randomly monitor made by Authorised microchipping parks/other locations Persons. requirements. commonly used by dog Increase in the percentage owners and conduct of dogs and cats found to microchip scan checks to be microchipped over identify non-compliance. time. Increase in the proportion of microchipped dogs and cats arriving in the pound shelter used by Council over time.

MANDATORY DESEXING All dogs and cats born after 1st July 2018 will be required to be desexed, unless exempted pursuant with the Act. This will help to reduce the number of unwanted and unowned animals and has the potential to reduce dog attacks and dogs found wandering at large. Procedures will be required for dealing with animals found to be undesexed including time limits for it to be carried out and the release of animals from shelters. Veterinarians will be required to upload the details of the animals they desex on to DACO. Councils will be able to cross reference animals included on the database to check for animals that are identified but not desexed and follow up as appropriate. Extensive community education will also be required. This will be included in a comprehensive Dog and Cat Management – Community Education Program (DCM-CEP). In addition to a range of promotion and education activities, it could also include partnerships with local vets to provide discounted desexing eg for low income earners, pensioners and other concession card holders. Veterinarians will have an important role to play as they are an early point of contact for new pet owners. The National Desexing Network is an important stakeholder in efforts to increase rates of desexing of dogs and cats.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.1.3 Ensure Council (a) Review and modify Council systems reviewed systems, procedures and systems, procedures and and modified. records and data collection records and data collection will accommodate the new to accommodate the new requirements to best requirements. effect.

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6.1.4 Educate residents (a) Incorporate mandatory Percentage of residents about the mandatory desexing into the Dog and surveyed who indicate desexing requirements. Cat Management – correct awareness and Community Education understanding of the Program (refer 6.1.6). requirement. (b) Work with local vets to Increase in the percentage promote the mandatory of dogs and cats found to desexing requirement for all be desexed over time. dogs and cats. 6.1.5 Enforce compliance (a) Review DACO database Increase in the percentage with the mandatory to uncover animals that are of dogs and cats found to desexing requirements. not listed as desexed. be desexed over time. Increase in the proportion of desexed dogs and cats arriving in the pound shelter used by Council over time.

RESPONSIBLE DOG AND CAT OWNERSHIP The primary aim of the Council’s animal management service it to educate the community in responsible dog and cat ownership and compliance with relevant legislation and Council By- laws. In most cases, where a minor breach occurs, officers will issue a warning if necessary. In more serious cases and where there are repeated breaches for minor offences, enforcement action will be considered. Council will continue to provide a range of information on its website and in printed material. In addition, for the life of this Plan there will be a comprehensive program designed to educate the community and in particular to lift the understanding and knowledge of the specific requirements applying to dogs and cats in the Council district. Initially known as the Dog and Cat Management – Community Education Program (DCM-CEP), it will be given a purpose designed title. It will include the new state-wide requirements, existing By-laws and any changes that might occur following the By-laws review in 2018 including any additional cat control. A comprehensive program will be designed drawing on partnerships with the Board, neighbouring Councils, veterinarians and a range of other stakeholders where appropriate. Its primary objective in the first instance will be to ensure members of the community understand the requirements or at least know how to easily access the requirements that apply in the Adelaide Hills Council area. The number of stray, unowned dogs entering shelters remains high. It is a function of unwanted litters, lack of identification and inadequate confinement. Some animals are also relinquished. Not every dog can be returned to its owner or rehomed (it may not be suitable

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for rehoming). Mandatory identification and registration should result in a reduction in the number of animals entering shelters and an increase in the number of dogs being reunited with their owner.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.1.6 Focus on educating (a) Develop a Dog and Cat Management the community in the suite comprehensive and – Community Education of existing and new animal integrated dissemination Program developed and management requirements and education program implemented. that apply in Adelaide Hills designed to ensure the Council. community understands existing and new animal management requirements in Adelaide Hills (DCM-CEP). 6.1.7 Educate the (a) Continue to provide community in the broad education material on Reduction over time in the range of responsible pet Council’s website and in number of certain ownership requirements other promotional formats. expiations over time. and community (b) Continue to educate for expectations. initial minor breaches of Council requirements. 6.1.8 Reduce the number (a) Maintain partnerships Reduction in the number of of unwanted dogs and cats. with community dogs and cats euthanized. organisations that promote the recue/rehoming of dogs and cats.

BREEDER REGISTRATION From 1st July, 2018, anyone who breeds a dog or cat will be required to register as a breeder with the Board. The new legislation will require a breeder to include their registration number in any relevant advertisement, including sales online.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.1.9 Educate residents (a) Implement a mail-out to Breeders identified. about breeder registration all known breeding Breeders registered as requirements. establishments advising of required. the need to be a registered breeder. Reduction in the number of identified non-compliances

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(b) Advertise breeder with breeder registration registration requirements over time. on Council’s website. (c) Include the recommendation for the community to buy pets from a registered breeder in the DCM-CEP. 6.1.10 Enforce compliance (a) Follow up registration of Reduction in the number of with the breeder registered businesses that expiations issued for non- registration requirements. have not registered as a compliance with breeder breeder. registration, over time. (b) Periodically monitor Inspections of breeder advertisements in local premises show an newspapers and website to increased rate of check if dog and cats sale compliance over time. advertisements contain a breeder registration number. (c) Periodically inspect the premises of breeding businesses to ensure the number of dogs/cats on the premises matches the number approved by Council.

EMERGENCY MANAGEMENT Council’s role in planning and preparing for emergency situations including bushfire needs to be clarified. This could include information and reminders about preparing for, responding to and recovering from emergencies. It would also clarify Council’s role in accommodating animals during and following emergency events.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.1.11 Clarify Council’s (a) Review Council’s animal Review undertaken. animal management role in management role in preparing for, responding preparing for, responding to to and recovering from and recovering from bushfires and other bushfires and other emergencies relating to emergencies in relation to animals. animal management.

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6.1.12 Educate the (a) Provide animal Information updated. community in preparing for management advice and Number and types of bushfires and other information about information provided to emergencies in relation to emergency preparations via the community about animal management. council’s website, social emergencies. media, roadside signs and at Council offices.

6.2 DOG MANAGEMENT

DOG REGISTRATION DACO will be introduced in 2018. It will be managed by the Board who will send out registration reminders and tags. Councils will be able to set their own registration fees including any rebates. They will need to enter their registration fees into DACO to allow the system to charge the correct fee. Councils will be responsible for promoting and enforcing registration.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.2.1 Ensure the transition (a) Review systems, Review undertaken. to DACO is appropriately procedures and Systems, procedures and managed. information/data base database updated. requirements. Review undertaken. (b) Review and confirm registration fees including Registration fees entered any rebates. into DACO. 6.2.2 Maximise/maintain (a) Include registration Registration requirements the number of registered requirements in the DCM- included in the DCM-CEP. dogs CEP.

DOG BY-LAW The existing Dog By-Law expires on 1st January 2019. It will need to be reviewed before then. Community engagement will be undertaken however it is not envisaged that substantial change will be made to the By-law.

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OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.2.4 To ensure the Dog (a) Review is undertaken in Review completed. By-Law is reviewed and accordance with the New Dog By-Law in place. replaced before the statutory requirements existing Dog By-Law including engagement with expires on 1st January the community. 2019.

DOG ATTACKS Each year dogs bite more than 100,000 Australians. Fortunately, the rate in any one Council is not high, however reducing risk and responding to attacks that do occur is a core animal management function. This includes dogs that attack, harass or otherwise endanger the health of a person or animal or bird owned by or in the charge of another person (whether or not actual injury is caused). Council also needs to implement the requirements of the Act with respect to prescribed breeds of dogs and those dogs that have a control order placed on them. Council has standard operating procedures for dealing with dog attacks. Key initiatives to reduce the incidence of dog attacks include early socialisation and training of dogs, ensuring dogs are not permitted to wander at large and educating the community (especially children) in bite avoidance i.e. how to behave around dogs and the need to supervise children around dogs. Council responds promptly to reports of dogs wandering at large and patrols parks and streets for unsupervised dogs. Material is available on Council and the Board websites on the benefits of socialisation and training of dogs. Mandatory desexing has the potential to reduce dog attacks and wandering at large. Living Safely with Pets is a structured learning program that aims to teach children how to live responsibly and safely with dogs and cats. It is delivered by the Board free of charge to school children from Reception to Year Three across the state (following a school request).

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES

6.2.5 Minimise the risk of (a) Maintain current Number of dog attacks dog attacks to the initiatives to reduce dog reported. community. attacks. Service standard met 85% (b) Meet or exceed Council’s of the time dog attack service standard

EXCESSIVE BARKING All dogs bark. It is when it occurs repeatedly and excessively that a problem arises.

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Excessive barking has several causes: separation anxiety, boredom, external stimuli, territorialism and communication. It often occurs when the owners are not at home. Council provides a range of information to assist people to reduce the incidence of problem barking. Council staff can also assist owners with suggestions on reducing a barking problem. Council receives on average 65 barking dog complaints a year. Council has standard operating procedures for dealing with barking dog complaints. 90% are resolved in a few weeks. However, some complaints can be difficult to identify as a problem, diagnose and/or resolve. These difficult cases can take up extensive officer time. Council will continue to monitor and implement best practice for dealing with excessive dog barking.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.2.6 Reduce the impact of (a) Continue to use the Number of complaints barking dogs in the Council’s Standard received and resolved. community. Operating Procedure for Reduction in the number of investigating barking dog barking dog complaints complaints. over time. (b) Continue to provide educational material on Council’s website. (c) Monitor best practice for dealing with dog barking complaints.

DOGS AND COUNCIL PARKS AND RESERVES Council has Guiding Principles for Dog Access on Council reserves. They are used to inform decisions in an effort to reduce nuisance and damage by dogs on Council reserves. The existing rules for parks and reserves in the Adelaide Hills area are considered to be appropriate. The provisions apply to Council’s reserves and parks are included in Appendix 1. It is considered that the current initiatives to remove dog faeces are appropriate. This includes the By-law requirement that dog owners carry a pooper scooper or similar device suitable for removing their dog’s faeces and the provision of dog poo bag dispensers throughout the municipality. Dog owners must retain their dog under effective voice control in off-leash areas and the Dog Park, keep their dog leashed where this is required and not enter places where dogs are prohibited. Officers know the “hot spots”, respond to complaints from the public and otherwise patrol Council parks and reserves to ensure dog owners are complying with the requirements.

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Information is also provided on the Council’s website and in other promotional material.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.2.7 Educate the (a) Continue to provide All written material community on the information on Council’s updated to coincide with requirements applying to website and in other the introduction of this dogs and Council parks and promotional material with amendment to the Act. reserves. regard to the requirements Reduction in the number of applying to dogs and Council complaints about dogs in parks and reserves. Council parks and reserves. 6.2.8 Enforce the (a) Continue to patrol Number of patrols requirements applying to Council’s parks and reserves undertaken. dogs and Council parks and to ensure dog owners are Reduction in the number of reserves. complying with the complaints about dogs in requirements applying to Council parks and reserves. dogs. 6.2.9 Review the case for a (a) Review the case for a Review undertaken second Dog Park in the Dog park in the Council area Adelaide Hills Council area.

6.3 CAT MANAGEMENT

Council will need to determine how it will deal with cats found to be un-microchipped including provisions of a facility for dealing with seized/impounded cats. This may include an arrangement with an external organisation. Council will continue to assist owners experiencing difficulties with cats trespassing on their property. The existing Cat By-Law expires on 1st January 2019. It will need to be reviewed before then. The current By-law is limited to a restriction on the number of cats that can be kept on a property without a permit. Community engagement will be undertaken however it is not envisaged that substantial change will be required to this restriction. Based on the feedback received in developing this Plan, the Cat By-Law review will explore tighter cat controls such as confinement and registration taking into account detailed research and resource implications. The review will include the need for further community engagement. The review may identify other cat control mechanisms available to Council in addition to the By-law that will achieve the same outcome. If tighter cat controls are introduced they will need to be planned for, resourced and disseminated to the community. This would be incorporated into the Dog and Cat Management – Community Education Program outlined in Section 6.1.

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OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.3.1 Assist residents with (a) Continue to include Current information managing trespassing cats. information on steps maintained. available for managing Number of residents hiring trespassing cats. cat traps. (b) Continue to offer cat trap hire. 6.3.2 Review how to deal (a) Review procedures. Review undertaken and with cats found to be un- (b) Review options for facility option explored. microchipped or otherwise accommodating unidentified or unclaimed. seized/impounded cats including resourcing implications. 6.3.3 Review and amend (a) Review the Cat By-law Cat By-law reviewed and the existing Cat By-law. commencing early 2018 and amended where amend where appropriate. appropriate.

6.3.4 Explore tighter cat (a) Consider tighter cat Cat By-law reviewed and controls such as controls in the 2018 Cat By- amended where confinement and Law review including appropriate. registration. community feedback, research and resourcing implications. (b) Dog and Cat DCM-CEP updated. Management – Community Education Program (DCM- CEP) updated in accordance with the outcome of the By- Law Review

6.4 STAFFING THE ANIMAL MANAGEMENT SERVICE

Council’s animal management service needs specialist staff who need ongoing training.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.4.1 Ensure Authorised (a) Staff to attend training Type and number of Persons acting under the relevant to Authorised training sessions attended Dog and Cat Management Persons (eg animal handling,

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Act 1995 have appropriate conflict resolution). by staff. training. (b) Review skills of staff to identify areas where additional training would be of benefit to the staff and council. 6.4.2 Ensure funding (a) Set recurrent operating Budget set source for all animal budget so expenditure management services equals revenue provided by Council. Additional funding sources (b) Explore additional explored funding sources as required

6.5 MONITORING AND REVIEW

The plan requires a mechanism to ensure the Plan is implemented, monitored, reviewed and amended where appropriate.

OBJECTIVES STRATEGIES KEY PERFORMANCE MEASURES 6.5.1 Ensure the Plan is (a) Obtain Board approval of Plan is implemented as implemented, monitored, the Plan. planned. reviewed and updated (b) Assign responsibility for where appropriate. implementing the Plan to a nominated Council officer. (c) Establish an internal project team and meet quarterly to review progress. (d) Conduct an annual review and report on the Plan’s currency, implementation and performance against KPIs.

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APPENDIX 1:

ON LEASH PARKS, OFF LEASH PARKS AND PARKS WHERE DOGS ARE PROHIBITED FROM

IN ADELAIDE HILLS COUNCIL

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ADELAIDE HILLS COUNCIL DOG ACCESS AREAS

SUBURB SITE ADDRESS DESCRIPTION

ALDGATE ON & OFF LEASH AREAS

Churinga Oval 18-24 Churinga Road, On leash on oval when in use, Aldgate permitted off leash at all other times on oval surface

OFF LEASH AT ANY TIME

Candlebark 154 Strathalbyn Road, Open Space Recreation Reserve – Reserve Aldgate Grassland

Hawker Vine 170 Old Mount Barker Open Space Recreation Reserve – Court Reserve Road Aldgate Grassland and Sparsely vegetated with trees

Rubida Grove 1 Sunny Spring Road Open Space Recreation Reserve Reserve Aldgate incorporating: Open Grasslands Drainage Reserve

ON LEASH AND ON PATHS AT ALL TIMES

Kemp Reserve Kemp Road, Aldgate Natural Bushland Recreation Reserve incorporating: Sporting Courts Natural Bushland Reserve Surrounds

Aldgate Valley 96 Aldgate Valley Natural Bushland Reserve Reserve Road, Aldgate

Arkaba 46 Arkaba Road Natural Bushland Reserve Reserve Aldgate

Doris Coulls 152-158 Old Mount Natural Bushland Recreation Reserve Reserve Barker Road Aldgate – Dense bushland Site, High Biodiversity

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SUBURB SITE ADDRESS DESCRIPTION

Nation Ridge Cnr Nation Ridge & Natural Bushland Reserve densely ALDGATE (cont) Reserve Strathalbyn Road vegetated Aldgate

Reserve 1 Shanks Rd, Aldgate High Biodiversity

Public Toilets 209 Mt Barker Rd, Public Building Aldgate

DOGS PROHIBITED AT ALL TIMES

Kiley Reserve 16 Kiley Road Aldgate Natural Bushland Reserve consisting of dense bushland and steep undulating topography

Reserve 3 Reserve Terrace Natural Bushland Recreation Reserve Terrace Aldgate incorporating: Reserve Social Programs Building (Meals on Wheels) and car park Recreation Reserve consisting of an old quarry with steep drop offs and dense vegetation

ASHTON ON & OFF LEASH AREAS

Ashton Oval Jennings Drive, Ashton On leash on oval when in use, permitted off leash at all other times on oval surface

ON LEASH AT ALL TIMES

Monomeith Monomeith Road Natural Bushland Reserve adjacent to Road Ashton residential dwellings

Hall Stonyrise Road, Public Building Ashton

Land – Stonyrise Road, Land – Adjacent to Hall Adjacent to Ashton Hall

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SUBURB SITE ADDRESS DESCRIPTION

BALHANNAH ON & OFF LEASH & PROHIBITED AREAS

Balhannah 117 Onkaparinga On leash on oval & surrounding open Oval Valley Road, space areas when oval is in use for Balhannah sporting activities or other events. Off leash at all other times. On leash at all times on the recreation reserve area known as Brockoff Park. Prohibited from the playing surface of the netball/tennis courts at all times. Prohibited at all times in the playground area

OFF LEASH AT ANY TIME

Carawa Carawa Avenue, Open Grasslands Drainage Reserve Reserve Balhannah

River Street River Street Balhannah Open Grasslands and Riverside Reserve Drainage Wetland Reserve

ON LEASH AT ALL TIMES

Ilinga Reserve Ilinga Avenue Open Space unfenced township Balhannah reserve adjacent to residential dwellings Lutana 13 Lutana Grove Open Space unfenced township Reserve Balhannah reserve adjacent to residential dwellings

Sunningdale 14 Sunningdale Court Open Space unfenced township Reserve Balhannah reserve adjacent to residential dwellings

Grasby Park Pye Road Balhannah Scout Group and Natural Bushland Reserve

Balhannah Hall 91 Main Street, Public Building Balhannah

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SUBURB SITE ADDRESS DESCRIPTION

BIRDWOOD OFF LEASH AT ANY TIME

Lange River Lange Crescent Open Space unfenced township Reserve Birdwood reserve adjacent to residential dwellings

Rex Amber Wegener Reserve Open Space unfenced township Reserve Birdwood reserve adjacent to residential dwellings

ON LEASH AT ALL TIMES

Public Toilets 11 Shannon Street, Public Building Birdwood

DOGS PROHIBITED AT ALL TIMES

Olivedale Olivedale Street Riverside Drainage Reserve Water Reserve Birdwood

Olivedale Olivedale Street Vacant land with undulating Wetland Birdwood topography that is not suited for the Reserve exercising of dogs

BRADBURY ON & OFF LEASH AREAS

Bradwood Bradbury Road, On leash when oval is in use, Oval Bradbury permitted off leash at all other times on oval. On leash in surrounding reserve area at all times.

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SUBURB SITE ADDRESS DESCRIPTION

BRADBURY ON LEASH AT ALL TIMES (cont) Gurr Road Gurr Road, Bradbury High Biodiversity Reserve

BRIDGEWATER ON & OFF LEASH AREAS

Bridgewater 390-392 Old Mount On leash on oval when in use, Oval Barker Road, permitted off leash at all other times Bridgewater on oval surface

Behind Off leash during daylight hours before Bridgewater 10:00am and after 4:0pm. Tennis On leash at all other times. Courts/Cox Creek area (restricted times)

Portion of the Corner Old Mount Dogs off-leash in the area of fenced Deanery Barker Road & Arbury Council land adjacent to the SE Reserve Park Road Bridgewater Freeway, commencing from the gate at the end of Old Mount Barker Road up to the tunnel leading under the freeway. Dogs on leash at all times in the remainder of the reserve

OFF LEASH AT ANY TIME UNLESS THE BBQ AREA IS OCCUPIED

Carripook Park Corner Kain Avenue Open Space Recreation Park Reserve and Mount Barker consisting of open grasslands and Road Bridgewater sparsely vegetated with trees and other native vegetation

ON LEASH AT ALL TIMES

Bridgewater 4 Towers Road Sporting Clubrooms Sports Club Bridgewater

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SUBURB SITE ADDRESS DESCRIPTION

Lions 391 Mount Barker Community Recreation Park Reserve BRIDGEWATER Community Road Bridgewater with Rotunda and picnic grounds (cont) Park

Wembley Corner Wembley Open Space Township Roadside Reserve Avenue & Charlton Reserve Street Bridgewater

Cave Reserve 7 Cave Avenue Natural Bushland Reserve consisting Bridgewater of Dense Vegetation

Heron Reserve 21 Onkaparinga Road Natural Bushland Reserve – A Bridgewater bushcare site consisting of dense native vegetation and bushland

Rudd Reserve Corner Rudd Parade Roadside Vegetation Reserve and Rosewarne Crescent Bridgewater

DOGS PROHIBITED AT ALL TIMES

A J Vincent 47-51 Osterley Avenue Recreation Reserve - Playground Reserve and Bridgewater Playground

CAREY GULLY ON LEASH AT ALL TIMES

Memorial 1269 Greenhill Rd , Adjacent to road reserve Carey Gully

CRAFERS OFF LEASH AT ANY TIME

Michael Michael Moran Drive, Open Space Recreation Reserve and Moran Crafers Walking Trail Reserve

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SUBURB SITE ADDRESS DESCRIPTION

CRAFERS (cont) ON LEASH AT ALL TIMES

War Memorial 2 Main Street Crafers War Memorial Reserve Reserve

Crafers 1 Main Street Crafers Sporting Courts Reserve Crafers Institute

Protea 4-10 Protea Reserve Open Space Recreation Reserve Reserve Crafers incorporating: Playground Recreation Reserve consisting of open grassland and sparsely vegetated with trees Walking Trails

Rudall Reserve 7 Rudall Avenue Natural Bushland Reserve consisting Crafers of dense vegetation

DOGS PROHIBITED AT ALL TIMES

Crafers 19 Miels Rd, Crafers Playground Playground

CRAFERS WEST OFF LEASH AT ANY TIME

Charlick 95 Charlick Road, Natural Bushland Reserve Reserve Crafers West

Castle Close 2 Castle Close, Crafers Open Space Recreation Reserve Reserve West vegetated with trees and grasslands

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SUBURB SITE ADDRESS DESCRIPTION

CRAFERS WEST ON LEASH AT ALL TIMES (cont) Emmett 66a Emmett Road, Roadside Natural Bushland Site Reserve (Cnr Emmett & Sedum consisting of dense bushland. Place), Crafers West Hillcrest 21 Hillcrest Avenue Natural Roadside Bushland Reserve Avenue Crafers West consisting of dense bushland with a Reserve walking trail along the roadside

FOREST RANGE ON LEASH AT ALL TIMES

Memorial Adelaide-Lobethal Rd, Adjacent to road reserve Forest Range

GREENHILL ON LEASH AT ALL TIMES

Yanagin Yanagin Road Natural Bushland Reserve (adjacent Reserve Greenhill Cleland National Park)

GUMERACHA ON AND OFF LEASH AREAS

Gumeracha 45-47 Albert Street, On leash on oval when in use, Oval Gumeracha permitted off leash at all other times on oval surface

OFF LEASH AT ANY TIME

Beavis Court 18 Beavis Court Walkway reserve area from Beavis Reserves Gumeracha Court to Randell Terrace

Beavis Court 21 Beavis Court Open Space unfenced township Reserves Gumeracha reserve adjacent to residential dwellings

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SUBURB SITE ADDRESS DESCRIPTION

GUMERACHA ON LEASH AT ALL TIMES (cont) Federation 41-47 Albert Street Open Space Recreation Reserve Park Gumeracha including: Tennis Courts BBQ/Picnic Areas Playground area Open Space Recreation areas Beavis Court 1 - 2 Beavis Court Open Space unfenced township Reserves Gumeracha reserve adjacent to residential dwellings

Randall Randall Terrace Walkway access from Beavis Court to Terrace Gumeracha Randall Terrace Walkway Ring of Oaks John Fisher Avenue, Adjacent to Road Reserve Gumeracha

HEATHFIELD ON AND OFF LEASH AREAS

Heathfield Longwood/Heathfield On leash on oval when in use, Oval Roads, Heathfield permitted off leash at all other times on oval surface

ON LEASH AT ALL TIMES

Heathfield 48 Hender Road Natural Bushland Reserve Reserve (Corner Longwood Road) Heathfield Heathfield Scott Creek Road, High Vehicle Activity Refuse Depot Heathfield

HOUGHTON ON LEASH AT ALL TIMES

Houghton William Street Open Space Township Roadside Reserve Houghton Vegetation Reserve

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SUBURB SITE ADDRESS DESCRIPTION

KERSBROOK ON LEASH AT ALL TIMES

Scott Street Scott Street, Public Toilets Reserve Kersbrook

DOGS PROHIBITED AT ALL TIMES

Stone Reserve South Para Road, High Biodiversity area. Under Kersbrook Heritage Agreement

LENSWOOD ON LEASH AT ALL TIMES

Lenswood Swamp Road Bushland Setting Recreation Reserve Park Lenswood with open space recreation areas

LOBETHAL OFF LEASH AT ANY TIME

Noske Water Noske Court Lobethal Water Drainage Reserve – unfenced Reserve and adjacent to residential dwellings

ON LEASH AT ALL TIMES

Bushland Park Lobethal-Gumeracha Bushland Recreation Reserve Area – Recreation Road Lobethal Picnic Area, Camping, Lake Area

Bushland Park Lobethal-Gumeracha Natural Bushland Reserve Area Heritage Area Road Lobethal consisting of dense vegetation

Pioneer 12a Pioneer Avenue Open Space unfenced township Reserve Lobethal reserve adjacent to residential dwellings

Schubert Schubert’s Road Roadside Vegetation Reserve Reserve Lobethal

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SUBURB SITE ADDRESS DESCRIPTION

Torrens Valley Corner Lobethal- Open Space Roadside Natural LOBETHAL (cont) Scout Reserve Woodside Road & Vegetation Reserve Golflinks Road Lobethal

Copeland 6 Copeland Avenue Open Space unfenced township Reserve Lobethal reserve adjacent to residential dwellings

Car Park 1 Bartholomew St, High vehicle activity Lobethal

DOGS PROHIBITED AT ALL TIMES

Apex Park 3 Reserve Avenue Open Space unfenced township Lobethal recreation reserve incorporating: Playground Open Space

LONGWOOD ON LEASH AT ALL TIMES

Heathfield 215 Longwood Road Natural Bushland Reserve Stone Reserve Longwood

MARBLE HILL ON LEASH AT ALL TIMES

Pound Reserve Pound Road Marble Natural Bushland Reserve Hill

MONTACUTE ON AND OFF LEASH AREAS

Montacute Institute Road Dogs on leash within 50 metres of the Common Montacute institute, when institute in use Dogs permitted off leash at all other times

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SUBURB SITE ADDRESS DESCRIPTION

MONTACUTE ON LEASH AT ALL TIMES (cont) Tennis Courts Institute Road Tennis Courts and Surrounds Montacute

MOUNT ON LEASH AT ALL TIMES TORRENS Coach House 17 Townsend Street, Adjacent to road reserve Mt Torrens

MYLOR ON AND OFF LEASH AREAS

Mylor Oval 321-323 Strathalbyn On leash on oval when in use, Road, Mylor permitted off leash at all other times on oval surface

OFF LEASH AT ANY TIME

Cooper Silver Lake Road Mylor Open Space Recreation Reserve, large Reserve open space areas sparsely vegetated with trees

ON LEASH AT ALL TIMES

Mylor 325 Strathalbyn Road Playground and Open Space Playground, Mylor Recreation Area Sherry Park Mylor 274 Strathalbyn Road Natural Bushland Reserve Parklands Mylor

Leslie Creek Leslie Creek Road Roadside Natural Bushland Reserve Reserve Mylor

Mi Mi Reserve Mi Mi Road Mylor Natural Bushland Reserve

Mylor 3 South Street Mylor Recreational Reserve: Parklands Natural Bushland Recreational Reserve

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SUBURB SITE ADDRESS DESCRIPTION

Stock Reserve Stock Road Mylor Roadside Natural Bushland Reserve MYLOR (cont) Aldgate Valley Aldgate Valley Road, High Biodiversity Road Reserve Mylor

Camp Gooden Stock Road, Mylor High Biodiversity

Institute 242 Strathalbyn Road, Public Building Library Mylor

DOGS PROHIBITED AT ALL TIMES

Mylor Pony 1 Hawthorne Road Pony/Horse Club Grounds Club Mylor

Kyle Road Kyle Road Mylor Natural Bushland Reserve Nature Reserve

NORTON OFF LEASH AT ANY TIME SUMMIT Morialta New Norton Summit Open Space Grassland Reserve Vineyards Road Norton Summit Reserve

Windmill New Norton Summit Grassland Open Space Reserve Reserve Road Norton Summit sparsely vegetated

OAKBANK OFF LEASH AT ANY TIME

Gillman Onkaparinga Go-Kart Recreation Track (currently Reserve/Kart Valley/Gillman Roads, not in use) way Oakbank

Children’s 16, 16b, 16c, 25a Oak Open Space unfenced roadside Reserve Drive Oakbank township reserve adjacent to residential dwellings

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SUBURB SITE ADDRESS DESCRIPTION

OAKBANK (cont) ON LEASH AT ALL TIMES

Nightingale 190a & 190b Roadside Verge Vegetation and Reserve Onkaparinga Valley Walkway Road, Oakbank

PARACOMBE DOGS PROHIBITED AT ALL TIMES

Highercombe Paracombe Road Public Golf Course Golf Course Paracombe

PICCADILLY ON AND OFF LEASH & PROHIBITED AREAS

Piccadilly 180 Piccadilly Road, On leash around courts at all times. Netball/Tennis Piccadilly Off leash in the reserve area at all Park and times Reserve Prohibited from court surface at all times.

SCOTT CREEK ON AND OFF LEASH & PROHIBITED AREAS

Scott Creek Scott Creek Road, On leash on oval when in use, Oval Scott Creek permitted off leash at all other times on oval surface. On leash in reserve area surrounding oval at all times Prohibited from within 20 metres of playground area.

ON LEASH AT ALL TIMES

Red Hill Red Hill Road Scott Roadside Natural Bushland Reserve Reserve Creek

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SUBURB SITE ADDRESS DESCRIPTION

STIRLING ON AND OFF LEASH AREAS

Stirling Oval 56 Mount Barker On leash on oval when in use, Road, Stirling permitted off leash at all other times on oval surface

OFF LEASH AT ANY TIME

Halliday 22 Wright Road, Dogs permitted off leash at all times Reserve Stirling (but not within 50m of dwelling located in reserve)

ON LEASH AT ALL TIMES

Stonehenge 28 Stonehenge Sporting Court (Tennis) and Car Park Reserve Avenue Stirling Area

Apex Park 5B Merrion Terrace Recreation Park and Reserve of an Stirling open nature

Pomona Road 23-53 Pomona Road Open Space Roadside Recreation Reserve, Stirling Reserve Women’s War Memorial

Steamroller Corner Mount Barker Recreation Reserve incorporating: Park Road and Avenue Playground Road Stirling BBQ and Recreation Area

ON LEASH AND ON PATHS AT ALL TIMES Woorabinda Community Recreation Reserve Bushland incorporating: Reserves Natural Bushland Reserve comprising: Walking Trails Stirling Park 9 Ethel Street, Stirling Lake Area Woorabinda 1-11 Woorabinda Open Grasslands Drive, Stirling Madurta 34 Madurta Avenue, Reserve Aldgate

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SUBURB SITE ADDRESS DESCRIPTION

Hender 71 Longwood Road, Reserve Heathfield

STIRLING (cont) DOGS PROHIBITED AT ALL TIMES

Mt Lofty Scout 99 Milan Terrace Scout Group Land Stirling

STIRLING EAST OFF LEASH AT ANY TIME

Evelyn 22 Wright Road Dogs permitted off leash at all times Halliday Stirling East (but not within 50m of dwelling Reserve / located in reserve) Wright Road, Dog Park

SUMMERTOWN ON AND OFF LEASH AREAS

Anya Reserve Anya Crescent, Dogs on leash when Reserve in use. Summertown Dogs off leash at all other times.

ON LEASH AT ALL TIMES

Tregarthen 1049 Greenhill Road Tennis Courts and Surrounds Reserve Summertown

Institute 1102 Greenhill Rd, Public Building Summertown

TERINGIE OFF LEASH AT ANY TIME

Horse Paddock 23 Woodland Way Vacant Grassland Open Space Reserve Reserve Teringie

Langman Langman Drive Residential Roadside Recreation Reserve Teringie Reserve, open space grass reserve adjacent to residential dwellings

Third Creek Braeside Avenue Open Space Recreation Reserve –

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SUBURB SITE ADDRESS DESCRIPTION

Reserve Teringie sparsely vegetated, open reserve

Alpine Reserve Alpine Place Teringie Open Space Reserve

TERINGIE (cont) ON LEASH AT ALL TIMES

Gilburn Norton Summit Road, Roadside Verge Vegetation Reserve Reserve Gilburn Court, Teringie (entrance area to Gilburn Court)

Teringie Braeside Avenue Roadside Recreation Reserve Areas Reserves Teringie incorporating: Network Tennis Court Roadside Reserve Areas Braeside Carsten Court Teringie Roadside Verge Vegetation Reserve Reserve Roadside Recreation Reserve Carsten Coach House Drive Reserve Teringie Coach house Colonial Court Teringie Reserve Colonial Court Cnr Driftwood Court Reserve and Coach House Drive Teringie Driftwood Havana Court Reserve Havana Coach House Drive Reserve Teringie Sunglow Reserve

Ridgeland Ridgeland Drive Reserve Teringie

Valley Reserve New Norton Summit Road Teringie

DOGS PROHIBITED AT ALL TIMES

Norman Cole 42 Teringie Drive Tennis Court, Playground and Steep Reserve Teringie Reserve Surrounds

UPPER STURT ON LEASH AT ALL TIMES

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SUBURB SITE ADDRESS DESCRIPTION

Fernwood 4 Fernwood Way Natural Bushland Reserve consisting Reserve Upper Sturt of dense bushland

Melville 140 Upper Sturt Road Tennis Courts UPPER STURT Reserve Upper Sturt Natural Bushland Reserve surrounds (cont) adjacent to Belair National Park

URAIDLA ON LEASH AT ALL TIMES

Uraidla Park 1181-1183 Greenhill Open Space Township Recreation Park Road Uraidla (in Main Street) including: Toilet Block Playground

Dyer Court 1242 Greenhill Road Natural Roadside Verge Bushland Reserve Uraidla Reserve

WOODFORDE ON LEASH AT ALL TIMES

Blue Reserve Blue Crescent Open Space Recreation Reserve (Arran Court Woodforde adjacent to Morialta Conservation Reserve) Park

WOODSIDE ON AND OFF LEASH AREAS

Woodside 24A Onkaparinga On leash on oval when in use, Recreation Valley Road, permitted off leash at all other times Reserve and Woodside on oval surface Oval

OFF LEASH AT ANY TIME

Woodside 28 Nairne Road Open Space Recreation Land Recreation Woodside consisting of open space grassland Reserve sparsely vegetated by native trees Nairne Road Open Space

Jacaranda East 37-45 Jacaranda Drive Open Space unfenced township

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SUBURB SITE ADDRESS DESCRIPTION

Reserve Woodside reserve adjacent to residential dwellings

WOODSIDE ON LEASH AT ALL TIMES (cont) Hills Netball 10 Onkaparinga Valley Netball Courts and Surrounds/Car Park Courts Road Woodside

Woodside 1 Hutchens Road Dedicated Soccer Ground and Recreation Woodside Surrounds Reserve Open space grassland reserve Hutchens Road Soccer Pitch

Grevillea 62 Grevillea Way Open Space unfenced township Reserve Woodside reserve adjacent to residential dwellings

Jacaranda 9, 37, 39, 41, 43, & 45 Open Space unfenced township Reserve Jacaranda Drive reserve adjacent to residential Woodside dwellings

Soccer 8 Main Street, Sporting field Grounds Woodside

DOGS PROHIBITED AT ALL TIMES

Woodside 12 Nairne Road Swimming Pool Swimming Woodside Pool

Woodside 20 Onkaparinga Valley Lawn Bowling Pitch and Club Lawn Bowls Road Woodside

Playground & 22 Main Street, Playground & Toilets Toilets Woodside

ADELAIDE HILLS COUNC IL DOG & CAT ANIMAL MANAGEMENT PL A N 2 0 1 8 - 2022 (DRAFT) 53 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 24 October 2017 AGENDA BUSINESS ITEM

Item: 12.2

Originating Officer: John McArthur, Manager Waste Health and Regulatory Services

Responsible Director: Marc Salver, Director Strategy and Development

Subject: Mobile Food Vending Businesses

For: Decision

SUMMARY

The South Australian Government has instigated changes to the Local Government Act 1999 and the Local Government (General) Regulation 2013 to facilitate the growth of Mobile Food Vending Businesses (MFVB).

As a result of these changes, councils will no longer have discretion not to issues permits for roadside trading purposes in relation to MFVB. Under the changes, councils must also develop and adopt location rules that nominate where MFVB can operate in their area.

This report provides information on the forthcoming changes, expected early 2018, and recommends to Council that community and stakeholder engagement commence to assist Council in the development of its location rules.

RECOMMENDATION

Council resolves:

1. That the Mobile Food Vending Businesses report be received and noted 2. That community and stakeholder engagement in relation to Council’s location rules commence once the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 are confirmed as final 3. The community and stakeholder engagement include: a) Seeking input from those residents and businesses located near the preliminary locations proposed in the Mobile Food Vending Businesses report for the operation of Mobile Food Vending Businesses b) Seeking input and feedback from business associations and local markets and community events identified by the CEO to inform development of Council’s location rules c) Undertaking community wide engagement to obtain input and feedback to inform development of Council’s location rules

Page 1 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

4. In the event that the draft Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 change substantially to a point determined by the CEO where the preliminary proposed locations outlined in this Mobile Food Vending Businesses report are no longer suitable for the operation of Mobile Food Vending Businesses, the CEO be delegated to:

 Identify alternative preliminary locations for the community engagement process proposed by the Mobile Food Vending Businesses report for the purposes of Council’s location rules.

5. Following completion of the community and stakeholder engagement, a further report be provided to Council outlining the results of the engagement undertaken and make recommendations in relation to adoption of location rules.

1. GOVERNANCE

 Strategic Management Plan/Council Policy

Goal 1 Prosper Strategy 1.5 We recognise that small and micro business is the backbone of our regional economy and will work with stakeholders to make it easier to do business in the hills

Seeking community feedback on areas where MFVB can operate will ensure stakeholders have the ability to provide input into the development process of Council’s location rules. This outcome will assist to develop location rules that are clear, concise and easy to interpret.

 Legal Implications

On 9 August 2017 the South Australian Parliament passed the Local Government (Mobile Food Vendors) Amendment Act 2017 (the Amendment Act). The LGA are expecting the Amendment Act, together with associated amendments to the Local Government (General) Regulations 2013 to come into operation in January 2018.

As a result of the legislative changes outlined above, a council must grant a permit to a MFVB, subject to compliance with requirements contained in the amended regulations.

Permits issued by a council to MFVB must ensure compliance with requirements under the following:

 Food Act 2001  South Australian Public Health Act 2011  Environment Protection Act 1993  Local Nuisance and Litter Control Act 2016  Motor Vehicles Act 1959 and Road Traffic Act 1961  Any law or legislative provision relating to electrical or gas installations or appliances  Any other relevant law or legislative provision relating to health, safety or the environment

Page 2 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

 Risk Management Implications

Adopting the recommendation of the report to undertake community and stakeholder engagement will assist in mitigating the risk of:

Not seeking community and stakeholder feedback leading to adoption of MFVB location rules that have not considered community or stakeholder requirements and risks.

Inherent Risk Residual Risk Target Risk High (3B) Medium (3C) Low

Undertaking the proposed community and stakeholder engagement is a new mitigation action to mitigate the abovementioned risk.

 Financial and Resource Implications

There are limited financial and resource implications with the recommendation proposed in this report as the stakeholder and community engagement will be undertaken with existing resources.

Looking forward, prior to the legislative changes coming into effect Council will need to adopt a permit fee for MFVB. Councils must provide the applicant with a choice of a monthly fee or annual fee. The proposed changes to the Local Government (General) Regulations 2013 limit the maximum permit fee to $2,000 for an annual fee, and no more than $200 per month for a monthly fee. A recommendation regarding the future permit fee will be provided to Council in the further report recommended.

If a MFVB breaches a condition of a permit the maximum penalty is $2,500 or an expiation fee of $210.

The legislative changes include provisions for a food business to lodge a dispute regarding Council’s location rules with the Small Business Commissioner. Subject to the outcome of any dispute lodged, councils can receive a maximum penalty of $5,000 if a council does not comply with a direction of the Small Business Commissioner to amend its location rules. Further information on the location rules dispute process is provided in the Analysis section of this report.

 Customer Service and Community/Cultural Implications

The requirement to develop and adopt location rules must be thoroughly considered, including community and stakeholder feedback, so opportunities from the MFVB legislative changes are maximised and adverse impacts minimised.

 Environmental Implications

Not applicable.

Page 3 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

 Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community

The changes to the Local Government (General) Regulations 2013 require a council, when adopting or amending its location rules, to take into account the operation of a MFVB on residents and businesses. To effectively determine the effect, if any, of the operation of a MFVB will have on residents and established businesses in the vicinity requires consultation to be undertaken with them.

In addition to the above, the forthcoming changes to the Local Government (General) Regulations 2013 require location rules to provide for a reasonable distance between a MFVB and fixed food businesses during the operating hours of the fixed food business. In doing so, Councils must take into account the location, number and operating hours of fixed food businesses in the council area.

Noting the above requirements, and to assist with the establishment of location rules, it is proposed that the following engagement process be undertaken:

 Seek input from those residents and business located in the preliminary locations proposed by this report for the operation of MFVB  Seek input and feedback from relevant business associations and select local markets and community events (as determined by the CEO) to inform the development of Council’s location rules  Undertake community wide engagement to obtain input and feedback to inform development of Council’s location rules.

The consultation documentation will highlight the following key messages:

 The MFVB legislation is a State Government initiative  Outline what Council’s role is in this matter  Highlight that there are pros and cons in relation to the initiative to allow MFVBs in the Council area, and  That Council wishes to consult on the draft location guidelines.

2. BACKGROUND

In November 2015, the State Government released a discussion paper seeking ideas to better support MFVB ventures. Following the release of the discussion paper and feedback received, the State Government released a Position Paper in 2016. The Position Paper set out six reforms to deliver in partnership with key stakeholders to help MFVB thrive.

Two of the six reforms are relevant to this report, namely:

 Simplifying regulation through a consistent permit system  Providing more places to trade, on both public and private land

The forthcoming changes to the Local Government Act 1999 and the Local Government (General) Regulations 2013 relating to permits and location rules for MFVB are in response to the two reforms outlined above.

Page 4 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

The Local Government (Mobile Food Vendors) Amendment Act 2017 was assented to by the Governor on 26 September 2017. The Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 are still in draft form.

A mobile food vending business is defined by the Amendment Act as a business involving the sale of food and/or beverages from a vehicle.

3. ANALYSIS

Permits Permits issued to a MFVB must be consistent with requirements prescribed by the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 (the Variation Regulations) and Council’s location rules. In this regard, the Variation Regulations stipulate the following:

 A council is prohibited from imposing a condition restricting the kind of food that may be sold by the mobile food vending business  The permit holder must have insurance of a kind specified by the council  Permits must have conditions requiring that the operation of the MFVB not unduly interfere with:

o Vehicles driven, parked or standing on roads o Parking area for people with disabilities o Public transport or cycling infrastructure (such as bus zones, taxi zones and bike lanes) o Other road related infrastructure o Infrastructure designed to give access to roads, footpaths and buildings

Under the Variation Regulations, a council is not required to grant a permit for the purposes of a MFVB if the vehicle proposed to be used would unduly obstruct the use of public roads in a manner that cannot be adequately addressed by permit conditions.

A MFVB operator must not breach or fail to comply with a condition of a permit. A council can cancel a permit for breach of a condition if sufficiently serious to justify cancellation of the permit. MFVB operators, or persons on their behalf, who have had their permit cancelled cannot reapply for a permit with the council for a period, specified by the council, not exceeding 6 months (the prohibited period).

A MFVB operator, who has had a permit cancelled by one council, must notify any other council, of the cancellation, with whom they also hold a MFVB permit. In addition, the MFVB operator must inform any council they are applying for a MFVB permit of a cancellation from another council if the application occurs within the prohibited period specified by the other council.

Location Rules The Amendment Act requires councils to prepare and adopt location rules that set out locations within the council area in which MFVB may operate. Location rules must comply with requirements prescribed by regulation and any requirements specified by the Minister. Location rules do not apply to a MFVB primarily engaged in the sale of ice cream.

Page 5 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

Councils may amend their location rules from time to time. Further, a council must amend their location rules to comply with any requirement specified by the Minister and if directed to do so by the Small Business Commissioner (refer Location Roles Disputes section below)

In regard to location rules, the Variation Regulations stipulate the following when councils are adopting or amending their location rules:

 A council must ensure that its location rules provide for a reasonable distance between a MFVB and fixed food businesses during the operating hours of fixed food businesses  In establishing a reasonable distance, a council must take into account the location, number and operating hours of fixed food businesses in the council area  A council must take into account the effect of the operation of a MFVB on:

o Vehicle and pedestrian traffic, footpaths, driveways, access points to buildings and parking areas for people with disabilities o The requirements relating to, and availability of, parking spaces at the locations in which MFVB may operate under the location rules o Residents and businesses at the locations in which mobile food vending businesses may operate under the location rules

 A council must ensure that a copy of its location rules is published on its website

The Variation Regulations define a fixed food business as a business the primary purpose of which is the retail sale of food or beverages that is undertaken at fixed premises. A council's location rules may show the locations within the council area in which mobile food vending businesses are permitted to operate by use of maps.

Location Rules Disputes A food business is defined by the Amendment Act as a business with a primary purpose of which is the retail sale of food or beverages. Accordingly, both a fixed food premises and a MFVB operator would meet the definition of a food business and therefore potentially be able to dispute a councils location rules if they are operating, or are based, within the council area.

If the operator of a food business in a council area is directly adversely affected by a council’s location rules, the operator may apply to the Small Business Commissioner (SBC) for a review of the location rules by the SBC.

If the SBC recommends that a council amend its location rules the council must give consideration to amending its location rules in accordance with the recommendation from the SBC. If the council resolves not to amend its location rules in accordance with the recommendation the council must provide written reasons for the resolution to the SBC and the applicant.

If the applicant is dissatisfied with the written reasons provided by a council, the applicant may request the SBC to consider directing the council to amend its location rules. The SBC may, on a request from the applicant, and if satisfied that it is appropriate to do so, direct the council to amend its location rules.

Page 6 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

A council must comply with a direction given by the SBC. As outlined in the Financial and Resource Implications section of this report, a council can receive a maximum penalty of $5,000 for not amending its location if directed to do so by the SBC.

MFVB Operating Areas The legislative changes relating to MFVB offers a number of opportunities to activate and create vibrant places, through diverse mobile food offerings, with a focus on less activated spaces in the hills. The changes also provide opportunity for existing fixed food businesses to consider diversifying into MFVB opportunities and therefore increasing their market footprint.

Noting the above however, the changes need to be considered and implemented carefully to ensure there is minimal and or no adverse impact on existing fixed food businesses within the council area. The potential for adverse impacts to fixed food premises is apparent in the legislative changes, as evidenced by:

 The requirement for a council’s location rules to provide for a reasonable separation distance between MFVB operating areas and fixed food businesses  The SBC dispute resolution process.

In order to effectively and fully explore all opportunities, and any potential adverse impacts of the MFVB changes, the community engagement process outlined earlier in this report is recommended. This approach will provide the community and relevant stakeholders with the opportunity to share their ideas, opportunities and concerns with Council to assist in the development of the mandated location rules.

Notwithstanding however, it is possible that come 1 January 2018 Council will be required to have location rules in place. This time frame, which at this stage is not certain, does not allow for full and proper consideration of Council’s location rules. Accordingly, the sites listed below are proposed as preliminary locations where MFVB may operate in preparedness for a potential 1 January 2018 implementation date.

Preliminary MFVB Locations (inclusion zones)

 Outside Paracombe Hall/Oval (permit not valid during operation of the canteen at the oval)  Parking Bay, Gorge Road, Kangaroo Creek Reservoir  Parking Bay, North East Road, Chain of Ponds (east of Tippet Road, west of South Para Road)  Parking Bay, Greenhill Road, Summertown (corner of Tregarthen Road)  Parking Bay, Lobethal Road, Lenswood Park, Lenswood  Parking Bay, Ironbank Road, Upper Sturt (corner Sturt Valley Road)

Given there has not been any stakeholder or community engagement undertaken, the above sites have been selected as they are not in the vicinity of fixed food businesses. These sites are however considered potentially attractive to MFVB as they are located on tourist routes and thoroughfares often used by visitors to the Adelaide Hills. The sites also have sufficient space to allow them to be used safely for MFVB purposes.

Page 7 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

The sites listed above are ‘inclusion zones’ where MFVB will be able to operate, subject to Council adoption of these location rules. Prior to the proposed engagement process commencing, specific permit and location rules criteria relating to each of the above sites will be developed, including details regarding the number of food trucks allowed in the zone at any one time and the hours of operation.

Note that the above option will exclude the opportunity for MFVB to locate within existing townships and urban areas of the Council district including the business centres of Stirling, Aldgate, Balhannah, Oakbank, Woodside, Lobethal, Birdwood, Gumeracha and Kersbrook. In so doing it will avoid MFVB impacting on existing food businesses located within these business centres which is considered appropriate at this point as there has not been any engagement undertaken with these stakeholders.

Noting however, the proposed consultation will seek input and feedback from relevant business associations, select local markets, community events and the broader community. The outcome of this consultation could result in additional MFVB operating areas being recommended to Council including some within townships and urban areas of the Council.

Councils are required to take into account the effect on residents and businesses in locations where MFVB may operate. Accordingly, it is recommended that Council directly engage with these stakeholders within the near vicinity of the inclusion zones locations proposed.

As outlined previously, the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 are still in draft form and therefore potentially could be changed. If this circumstance was to eventuate the changes may result in the proposed locations identified above no longer being suitable for the operation of MFVB. If community engagement had commenced and this outcome did occur Council would have to retract from these locations leading to potential community confusion and loss of confidence in Council.

For the above reason, it is recommended that community and stakeholder engagement only commence once the Variation Regulations are confirmed as being final. Note that subject to when the Variation Regulations are finalised, the proposed engagement process may only commence in early 2018 in order to avoid the Christmas New Year period.

If the Variation Regulations change substantially to a point where the proposed inclusion zone locations outlined above are no longer suitable for the operation of MFVB, it is then recommended that the CEO be delegated the authority to identify alternative preliminary locations for the purposes of community engagement, and the establishment of Council’s location rules.

These alternative locations would be selected to be suitable under the revised Variation Regulations. In addition, and for the reason outlined previously, these alternative locations would not be in the vicinity of fixed food businesses.

Following the completion of the proposed engagement process it is recommended a further report be provided to Council. This report will outline the results and outcome of the three areas of engagement planned. This report will also, subject to the any changes being made to the Variation Regulations, make recommendations to Council in relation to its location rules.

Page 8 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Mobile Food Vending Businesses

The further report would also include a recommendation to Council in regard to the continuance of the preliminary sites outlined above as ongoing inclusion zones along with any other sites identified and recommended through the engagement process.

4. OPTIONS

Council has the following options:

I. Adopt the recommendation of this report to undertake community and stakeholder engagement to assist in the development of Council’s location rules for the purposes of MFVB. This option is recommended as it ensures community and stakeholder input is obtained regarding the development of Council’s location rules. II. Council could consider adopting location rules without community and stakeholder input. This option is not recommended as it would forego input from the community and stakeholders. This outcome would result in the adoption of location rules that have not taken into consideration opportunities and impacts identified by the community and stakeholders. III. Council could resolve not to develop or adopt location rules. This option is not recommended as it would be in breach of the forthcoming changes to the Local Government Act 1999 and the Local Government (General) Regulations 2013.

5. APPENDICES

Nil

Page 9 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 24 October 2017 AGENDA BUSINESS ITEM

Item: 12.3

Originating Officer: Mike Carey, Manager Financial Services

Responsible Director: Terry Crackett, Director Corporate Services

Subject: 2016/17 General Purpose Financial Statements

For: Decision

SUMMARY

This report presents the Adelaide Hills Council’s 2016/17 General Purpose Financial Statements to Council for adoption and subsequent inclusion in the 2016/17 Annual Report (Appendix 1).

The Audit Committee considered the 2016/17 General Purpose Financial Statements at its meeting on 9 October 2017 where it resolved to advise Council that it had reviewed the General Purpose Financial Statements and was satisfied that they presented fairly the state of affairs of the Council.

RECOMMENDATION

Council resolves:

1. That the report be received and noted.

2. That, in accordance with Section 127 of the Local Government Act 1999 and the Local Government (Financial Management) Regulations 1999, Council adopts the General Purpose Financial Statements for the financial year ended 30 June 2017.

3. To authorise the Mayor and CEO to sign the General Purpose Financial Statements for the financial year ended 30 June 2017.

Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

2. GOVERNANCE

 Strategic Management Plan/Council Policy

Goal 5: Organisational Sustainability Strategy: Governance

The Council is committed to open, participative and transparent decision making and administrative processes. We diligently adhere to legislative requirements to ensure public accountability and exceed those requirements where possible.

 Legal Implications

Section 126 (4)(a) of the Local Government Act 1999 required the Audit Committee to review the Financial Statements to ensure that they present fairly the state of affairs of the Council.

Section 127 of the Local Government Act 1999 states that a council must prepare for each financial year financial statements and notes in accordance with standards prescribed by the regulations and that a copy of the audited statements be submitted by the council to the persons or bodies prescribed by the regulations on or before the day prescribed by the regulations.

 Risk Management Implications

Completing the year end general purpose financial statements in accordance with the timetable will assist in mitigating the risk of:

Loss of reputation as a result of not meeting legislative timelines for the delivery of Council’s Annual Report.

Inherent Risk Residual Risk Target Risk Medium (4D) Low (2E) Low (2E)

 Financial and Resource Implications

The General Purpose Financial Statements (Financial Statements) are considered to be the most significant output from Council’s financial management and reporting processes, and are required for inclusion in the Annual Report.

Funding and resources required to prepare the Financial Statements is provided for as part of the annual budget process.

 Customer Service and Community/Cultural Implications

It is important to the Community to be aware and understand Council’s financial result for the year in the context of its longer term financial sustainability. Council’s audited Financial Statements are provided to the community within the Annual Report.

 Environmental Implications

Not applicable.

Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

 Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community

Council’s Financial Statements were considered by the Audit Committee at its meeting on 9 October 2017.

Council’s external auditors, BDO Adelaide, have reviewed the Financial Statements and provided a draft Audit Completion Report that was considered by the Audit Committee. An Audit Opinion as set out within this appendix will be provided following adoption by Council and certification by the Chief Executive and Mayor.

3. BACKGROUND

The Annual Financial Statements in Appendix 1 have been prepared in accordance with Local Government Act 1999, the Local Government (Financial Management) Regulations 2011 and Australian Accounting Standards as they apply to not-for-profit entities.

4. ANALYSIS

Introduction

The following summary is provided in relation to the Financial Statements:

3.1 Statement of Comprehensive Income The Statement of Comprehensive Income shows an overall operating surplus of $450k for 2016/17 compared with a deficit of $323k for the previous year.

Statement of Comprehensive Income 2016/17 2015/16 Movement $000s $000s $000s Council 727 (275) 1,002 Equity Result from Subsidiaries (277) (48) (229) Operating Surplus 450 (323) 773 Net Surplus (85) 1,439 (1,524) Other Comprehensive Income 8,629 2,687 5,942 Total Comprehensive Income 8,544 4,126 4,418

This modest underlying surplus shows a fundamental sustainability of core activities and aligns strongly with the Long Term Financial Plan.

As shown above, Council’s operating result has increased from the previous year by $0.8m, being largely impacted by a number of one off changes and events including:  another change in timing of the payment of Financial Assistance Grants by the Federal Government from the previous year,  a change in the treatment of Road to Recovery grants received from the Federal Government, and  additional costs emanating from the large storm event in September 2016.

These items are covered in greater detail below.

Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

Overall, Council’s operating revenue increased by $2.7m (6.8%) and expenditure increased by $1.9m (4.8%). Key movements from 2015/16 include:  Operating Grants, Subsidies and Contributions increased by $2.3m from the previous year. o As highlighted above, due to changes in the timing of Financial Assistance Grants received quarterly from the Federal Government, 6 quarters were received in 2016/17 ($2.3m) compared to only two quarters in 2015/16 (0.7m) accounting for $1.6m of the increase. o A review of the accounting practice for Roads to Recovery Grants indicates that in previous years those grants had been recorded against ‘Amounts Received Specifically for New or Upgraded Assets’. However for 2016/17 the Roads to Recovery Grants of $1.119m have been shown under Operating Grants, Subsidies and Contributions in accordance with the Model Set of Accounts. Roads to Recovery Grants for 2015/16 amounted to $2.179m  Council incurred additional costs of $1.546m relating to damage caused by the September 2016 storm event within the Council district. Of this amount, $356k was incurred under employee costs and the balance of $1.190m against Materials, Contract and Other Expenses.  Materials, Contracts & Other Expenses were also impacted by Work-In-Progress writeoffs of $700k. Of this amount: o $175k was for CWMS related expenditure including investigations (Mylor, Summertown & Uraidla) as well as pump station upgrades and rehabilitation pond costs where the expenditure occurred over 5 years ago and construction is not currently being proposed) o $132k was for Landfill Closure works at Mt Charles and Heathfield that could not be capitalised given their nature o the balance largely related to expenditure budgeted under capital for storm damage including Montacute Road repairs but was considered operating in nature  Council’s net result from Equity Accounted Council Businesses was a loss of $277k compared to a net loss of $48k for the previous year. This variance largely relates to the Adelaide Hills Regional Waste Management Authority loss for the year as a result of legal costs in defending a claim in the Supreme Court.

3.2 Statement of Financial Position

Statement of Financial Position 2016/17 2015/16 Movement $’000 $’000 $’000 Assets 315,821 307,401 8,420 Liabilities 23,775 23,899 (124) Net Assets 292,046 283,502 8,544

The Statement of Financial Position shows the total assets and total liabilities held by Council. As at 30 June 2017, the overall net assets (total assets less total liabilities) held by Council was $292.0m compared with $284.5m for the previous year, representing an increase in equity of $8.5m. The $8.5m increase in equity is represented largely by an increase in asset valuation of $8.6m offset by the small net deficit.

Overall, there has been a minor increase in borrowings of $69k which was significantly lower than budgeted due to the favourable operating result and the capital expenditure spend being less than budgeted. Borrowings are $13.7m at the end of June 2017 compared to $13.6m at the end of the previous year. Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

3.3 Cash Flow Statement

Statement of Cash Flows 2016/17 2015/16 Movement $’000 $’000 $’000 Net cash from Operating Activities 8,706 7,946 760 Net cash from Investing Activities (8,551) (5,862) (2,299) Cash Flows from Financing 46 57 (12) Activities Net Increase in Cash Held 199 2,141 (1,942) Cash & Cash Equivalents (2,632) (2,833) 201

Council generated $8.7m from its Operating Activities during the financial year compared to $7.92m during 2015/16. Details of how this reconciles with the net surplus and changes in net assets are shown in Note 11 of the Financial Statements.

During the year, Council spent just over $10m on the construction and purchase of renewal and new assets compared to $8.8m in 2015/16.

As a result, the Cash Flow Statement shows a minor increase in cash held of $199k, reflecting the net cash flows generated from operating activities over and above net capital expenditure.

3.4 Financial Key Performance Indicators The key financial indicators are summarised and discussed below and are also included as ‘Note 15 Financial Indicators’ within the Financial Statements.

Financial Indicators 2016/17 2015/16 Operating Surplus 1% (1%) Adjusted Operating Surplus Ratio * (1%) 1% Net Financial Liabilities Ratio 47% 51% Asset Sustainability Ratio 75% 110%

*The Adjusted Operating Surplus Ratio removes the distortion of Federal Government advance payments in 2016/17 only and not the other once off impacts on the Operating surplus.

These Financial Indicators have been calculated in accordance with Information Paper 9 – Local Government Financial Indicators prepared as part of the LGA Financial Sustainability Program for the Local Government Association of South Australia.

The Financial Indicators were revised in May 2015 and the financial indicators for previous years have been re-calculated in accordance with the revised formulas.

Overall, given the 2016/17 result, Council is well positioned to continue to be financially sustainable. Council will continue to review and monitor future financial results and its financial position in conjunction with its Long Term Financial Plan (LTFP).

Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

3.4.1 Operating Surplus Ratio This ratio expresses the operating surplus as a percentage of total operating revenue.

As mentioned above, there are a number of one off changes and events that have had a financial impact on the ratio for 2016/17. However, the result is in Council’s target range of 0% - 10%.

3.4.2 Adjusted Operating Surplus Ratio This ratio only removes the distortion of Federal Government advance payments of $771k from the 2016/17 Operating Surplus, resulting in a ratio of -1%. Council Administration considers that given that the result also included one off expenditure for the flood event $1.546m and capital work in progress write-off of $700k, the underlying result is still positive and therefore not a concern from an ongoing financial sustainability perspective.

3.4.3 Net Financial Liabilities Ratio This ratio expresses the net financial liabilities as a percentage of total operating revenue with Council’s target range being between 0% to 100%.

As a result of the improvement in operating surplus and subsequent cash and borrowing position, the Net Financial Liabilities ratio has reduced from 51% to 47% as at 30 June 2017 and is well within the target range.

3.4.4 The Asset Sustainability Ratio This is a ratio that represents the net cost of replacing assets compared to the level of depreciation. Council’s target range is between 90% and 110%.

Whilst of significant importance within the Long Term Financial Plan, the calculation of this ratio at the end of the financial year is not particularly useful as the spend is impacted by factors other than whether Council has maintained asset sustainability.

In summary, the 2016/17 ratio of 75% reflects the following three elements:  not all of the budgeted replacement expenditure was spent in 2016/17 (an amount of $3.7m is anticipated to be carried forward to 2017/18)  some savings were achieved for the replacement program with the larger favourable variances attributable to sealed roads ($240k), unsealed roads ($130k) and guardrails ($60k)  proceeds on sale of replaced assets of $754k have been adjusted in the net asset renewals amount.

3.5 Related Party Transactions As previously advised, for the year ending 30 June 2017, the General Purpose Financial Statements require the inclusion of Related Party Transactions for Key Management Personnel (KMP). This is the first time that this information has required disclosure and has been included at Note 23.

Related Party requirements focus on disclosure and details of the financial transactions between Council, Council subsidiaries, KMP and close family members of KMP.

Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

KMP are considered to be those that have authority and responsibility for planning, directing and controlling the activities of Council, directly or indirectly, and are considered to be:  Council Members  The Chief Executive  Members of the Executive Leadership Team

Close family members of KMP are considered to be:  Children and spouse/domestic partner  Children of the spouse/domestic partner  Dependents of the person or spouse/domestic partner

Key related party types that have been disclosed in Note 23 are the transactions with KMP; the compensation paid to KMP (in total); and receipts from KMP.

3.6 Annual Audit Completion Report The role of the external auditor is to provide an audit opinion to Council with respect to the General Purpose Financial Statements. In addition, Council’s Auditor BDO is required to provide an opinion on the compliance of the Adelaide Hills Council with the requirements of Section 125 of the Local Government Act 1999 in relation to the Internal Controls established by the Council.

To assist in the consideration of the Statements a draft Audit Completion Report was prepared by BDO for the Audit Committee. This report stated that whilst some matters were still under consideration, “At the date of this completion report we are not aware of any matter that would require qualification in our audit reports on either the financial statements, or on internal controls.”

Subsequent to the Audit Committee Meeting Council has received BDO’s final report on matters arising from the audit (Audit Completion Report) which indicates that BDO anticipate issuing unqualified opinions in relation to the financial statements and internal controls subject to audit clearance on the following:  a review of the final Council’s financial statements  the required letters of representation being signed by the relevant parties, and  receipt of the General Purpose Financial Statements certified by Council’s Mayor and Chief Executive Officer subsequent to the Council meeting on 24 October 2017.

3.7 Updated Financial Statements At the Audit Committee Meeting on 9 October 2017, Administration advised that a small number of changes to the 2016/17 Draft General Purpose Financial Statements circulated as part of the agenda to that meeting. These changes were as follows:  A number of blank and other superfluous rows were removed from the primary financial statements and notes including the Non-current Assets held for Sale line as per the Statement of Financial Position.  In the Statement of Cash Flows, the Cash Flows from Investing Activities section was updated to reallocate Loans Made to Community Groups to Repayments of Loans by Community Groups  Note 1 Summary of Significant Accounting Policies Paragraph 15 New Accounting Standards and UIG (Urgent Issues Group) was updated to reflect the fact that Council was early adopting AASB 2016-4 Recoverable Amount of Non Cash-Generating Specialised Assets of Not-for- Profit Entities as recommended by the Model Set of Accounts Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 2016/17 General Purpose Financial Statements

 A change in title of one of the expense lines (Work-in-Progress Write-off) as recommended by the Auditors, BDO  An update to Note 12 Functions note to align the totals to the Primary statements  A change in the title of a member council from Mallala to Adelaide Plains in Note 19a Interests in Other Entities  An update to Note 23 Related Party Transactions to reflect whole dollars instead of thousands and an updated amount of compensation split between short term employee and post-employment benefits as recommended by the Auditors, BDO.

3.7 Audit Committee Review The Audit Committee considered the 2016/17 General Purpose Financial Statements at its meeting on 9 October 2017 where it resolved to advise Council that it had reviewed the General Purpose Financial Statements and was satisfied that they presented fairly the state of affairs of the Council.

As part of the Audit Committee’s deliberation the following matters were raised and discussed:  Confirmation was sought on the Work-in-Progress Write-offs for CWMS Investigations and the link to Note 10 Assets subject to Restrictions which shows an amount of $340k held for Community Wastewater Management Systems Investigations. A review of financial information from previous years was able to confirm that a large part of the CWMS Investigations written off had been reimbursed in accordance with the terms of the funding and the invested funds reduced. Further follow up will be undertaken in 2017/18 to determine whether any of the remaining funds held with restrictions can be reduced in accordance with the terms of the relevant funding agreements.  Confirmation was sought on the percentage of ownership and interest in the Operating Result of the Gawler River Floodplain Management Authority as disclosed in Note 19a Interest in Other Entities, and whether it was in accordance with that entity’s charter. It was subsequently confirmed that the percentage of 3.3% disclosed in Council’s Financial Statements was correct and in accordance with Gawler River Floodplain Management Authority’s Schedule adopted by that entity’s Board in accordance with Clause 15.5 of their Charter in August 2017.  Follow up of Related Party Transaction disclosure for one Council Member who was on the Board of Regional Development Australia, being an entity that receives funding from Council. Note 23 Related Party Transactions has been subsequently updated to reflect this arrangement.  It was also agreed by Administration that Management Letters of representation would be circulated to the Audit Committee.

5. OPTIONS

Council has the following options:

I. To adopt the General Purpose Financial Statements as recommended by the Audit Committee; or II. To defer adoption of the General Purpose Financial Statements in order for further information to be provided.

6. APPENDICES

(1) 2016/17 General Purpose Financial Statements

Appendix 1 2016/17 General Purpose Financial Statements

Adelaide Hills Council GENERAL PURPOSE FINANCIAL STATEMENTS for the year ended 30 June 2017

Nurturing our unique place and people Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

Contents Page

1. Council Certificate 2

2. Primary Financial Statements:

- Statement of Comprehensive Income 3 - Statement of Financial Position 4 - Statement of Changes in Equity 5 - Statement of Cash Flows 6

3. Notes to the Financial Statements 7

4. Independent Auditor's Report - Financial Statements 45

5. Independent Auditor's Report - Internal Controls 47

6. Certificates of Audit Independence

- Council Certificate of Audit Independence 49 - Audit Certificate of Audit Independence 50

page 1 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

X2A1T Certification of Financial Statements

We have been authorised by the Council to certify the financial statements in their final form.

In our opinion:

 the accompanying financial statements comply with the Local Government Act 1999 , Local Government (Financial Management) Regulations 2011 and Australian Accounting Standards,

 the financial statements present a true and fair view of the Council’s financial position at 30 June 2017 and the results of its operations and cash flows for the financial year,

 internal controls implemented by the Council provide a reasonable assurance that the Council’s financial records are complete, accurate and reliable and were effective throughout the financial year,

 the financial statements accurately reflect the Council’s accounting and other records.

Andrew Aitken Bill Spragg CHIEF EXECUTIVE OFFICER MAYOR

Date: dd Month 2017

page 2 Adelaide Hills Council

X3A0T Statement of Comprehensive Income for the year ended 30 June 2017

$ '000 Notes 2017 2016

Income Rates Revenues 2a 34,301 33,811 Statutory Charges 2b 1,022 1,017 User Charges 2c 1,337 1,284 Grants, Subsidies and Contributions 2g 5,048 2,789 Investment Income 2d 36 58 Reimbursements 2e 265 259 Other Income 2f 483 462 Net Gain - Equity Accounted Council Businesses 19 57 176 Total Income 42,549 39,856

Expenses Employee Costs 3a 14,505 13,944 Materials, Contracts & Other Expenses 3b 18,687 17,567 Depreciation, Amortisation & Impairment 3c 7,792 7,561 Finance Costs 3d 781 883 Net loss - Equity Accounted Council Businesses 19 334 224 Total Expenses 42,099 40,179

Operating Surplus / (Deficit) 450 (323)

Asset Disposal & Fair Value Adjustments 4 (1,325) (1,106) Amounts Received Specifically for New or Upgraded Assets 2g 672 2,868 Physical Resources Received Free of Charge 2i 118 - Net Surplus / (Deficit) 1 (85) 1,439

Other Comprehensive Income Amounts which will not be reclassified subsequently to operating result Changes in Revaluation Surplus - I,PP&E 9a 8,631 2,683 Share of Other Comprehensive Income - Equity Accounted Council Businesses 19 (2) 4

Total Other Comprehensive Income 8,629 2,687

Total Comprehensive Income 8,544 4,126

1 Transferred to Equity Statement

The above statement should be read in conjunction with the accompanying Notes and Significant Accounting Policies. page 3 Adelaide Hills Council

X3A1T Statement of Financial Position as at 30 June 2017

$ '000 Notes 2017 2016

ASSETS Current Assets Cash and Cash Equivalents 5a 966 617 Trade & Other Receivables 5b 2,709 2,898 Other Financial Assets 5c 44 83 Inventories 5d 14 7 Total Current Assets 3,733 3,605

Non-Current Assets Financial Assets 6a 71 74 Equity Accounted Investments in Council Businesses 6b 984 1,245 Infrastructure, Property, Plant & Equipment 7a 311,033 302,477 Total Non-Current Assets 312,088 303,796 TOTAL ASSETS 315,821 307,401

LIABILITIES Current Liabilities Trade & Other Payables 8a 8,493 8,583 Borrowings 8b 3,651 3,582 Provisions 8c 1,357 1,481 Total Current Liabilities 13,501 13,646

Non-Current Liabilities Borrowings 8b 10,000 10,000 Provisions 8c 274 253 Total Non-Current Liabilities 10,274 10,253 TOTAL LIABILITIES 23,775 23,899 Net Assets 292,046 283,502

EQUITY Accumulated Surplus 135,571 135,298 Asset Revaluation Reserves 9a 154,633 146,002 Other Reserves 9b 1,842 2,202 Total Council Equity 292,046 283,502

The above statement should be read in conjunction with the accompanying Notes and Significant Accounting Policies. page 4 Adelaide Hills Council

X4A0T Statement of Changes in Equity for the year ended 30 June 2017

Asset Accumulated Revaluation Other Total $ '000 Notes Surplus Reserve Reserves Equity

2017 Balance at the end of previous reporting period 135,298 146,002 2,202 283,502 a. Net Surplus / (Deficit) for Year (85) - - (85) b. Other Comprehensive Income - Gain (Loss) on Revaluation of I,PP&E 7a - 8,631 - 8,631 - Share of OCI - Equity Accounted Council Businesses 19 (2) - (2) Other Comprehensive Income (2) 8,631 - 8,629

Total Comprehensive Income (87) 8,631 - 8,544 c. Transfers between Reserves 360 - (360) - Balance at the end of period 135,571 154,633 1,842 292,046

2016 Balance at the end of previous reporting period 133,930 143,319 2,166 279,415 a. Net Surplus / (Deficit) for Year 1,439 - - 1,439 b. Other Comprehensive Income - Gain (Loss) on Revaluation of I,PP&E 7a - 2,683 - 2,683 - Share of OCI - Equity Accounted Council Businesses 19 4 - - 4 Other Comprehensive Income 4 2,683 - 2,687

Total Comprehensive Income 1,443 2,683 - 4,126 c. Transfers between Reserves (75) - 36 (39) Balance at the end of period 135,298 146,002 2,202 283,502

The above statement should be read in conjunction with the accompanying Notes and Significant Accounting Policies. page 5 Adelaide Hills Council

X5A0T Statement of Cash Flows for the year ended 30 June 2017

$ '000 Notes 2017 2016

Cash Flows from Operating Activities Receipts Rates Receipts 34,477 34,175 Statutory Charges 1,022 956 User Charges 1,337 1,345 Grants, Subsidies and Contributions (operating purpose) 4,856 2,834 Investment Receipts 36 58 Reimbursements 265 259 Other Receipts 545 3,134 Payments Payments to Employees (14,389) (13,272) Payments for Materials, Contracts & Other Expenses (18,662) (20,660) Finance Payments (781) (883)

Net Cash provided by (or used in) Operating Activities 11b 8,706 7,946

Cash Flows from Investing Activities Receipts Amounts Received Specifically for New/Upgraded Assets 672 2,868 Sale of Replaced Assets 754 18 Repayments of Loans by Community Groups 42 85 Distributions Received from Equity Accounted Council Businesses - 167 Payments Expenditure on Renewal/Replacement of Assets (6,580) (8,355) Expenditure on New/Upgraded Assets (3,423) (421) Capital Contributed to Equity Accounted Council Businesses (18) (224) Net Cash provided by (or used in) Investing Activities (8,553) (5,862)

Cash Flows from Financing Activities Receipts Proceeds from Bonds & Deposits 3 - Proceeds from Aged Care Facility Deposits 124 85 Payments Repayments of Borrowings (81) (28) Net Cash provided by (or used in) Financing Activities 46 57

Net Increase (Decrease) in Cash Held 199 2,141 plus: Cash & Cash Equivalents at beginning of period 11 (2,833) (4,974) Cash & Cash Equivalents at end of period 11 (2,634) (2,833)

The above statement should be read in conjunction with the accompanying Notes and Significant Accounting Policies. page 6 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X6A0T Contents of the Notes accompanying the Financial Statements

Note Details Page 1 Significant Accounting Policies 8 2 Income 14 3 Expenses 16 4 Asset Disposal & Fair Value Adjustments 18 Current Assets 5a Cash & Cash Equivalents 18 5b Trade & Other Receivables 19 5c Other Financial Assets (Investments) 19 5d Inventories 19 Non-Current Assets 6a Financial Assets 19 6b Equity Accounted Investments in Council's Businesses 19 Fixed Assets 7a (i) Infrastructure, Property, Plant & Equipment 20 7a (ii) Investment Property 20 n/a 7b Valuation of Infrastructure, Property, Plant & Equipment 21 Liabilities 8a Trade & Other Payables 23 8b Borrowings 24 8c Provisions 24 Reserves 9a Asset Revaluation Reserve 24 9b Other Reserves 25 10 Assets Subject to Restrictions 25 11 Reconciliation to Statement of Cashflows 26 12a Functions 27 12b Components of Functions 28 13 Financial Instruments 29 14 Commitments for Expenditure 34 15 Financial Indicators 35 16 Uniform Presentation of Finances 36 17 Operating Leases 37 18 Superannuation 38 19 Interests in Other Entities 39 20 Non Current Assets Held for Sale & Discontinued Operations 40 n/a 21 Contingencies & Assets/Liabilities Not Recognised in the Balance Sheet 41 22 Events After the Balance Sheet Date 42 23 Related Party Transactions 43 Additional Council Disclosures 24 Equity - Retained Earnings and Revaluation Reserves Adjustments 44 n/a - not applicable

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies

The principal accounting policies adopted by Council 2 The Local Government Reporting Entity in the preparation of these consolidated financial statements are set out below. Adelaide Hills Council is incorporated under the South Australian Local Government Act 1999 and These policies have been consistently applied to all has its principal place of business at 28 Onkaparinga the years presented, unless otherwise stated. Valley Road, Woodside 5244. These financial statements include the Council’s direct operations 1 Basis of Preparation and all entities through which Council controls resources to carry on its functions. In the process of 1.1 Compliance with Australian Accounting reporting on the Council as a single unit, all Standards transactions and balances between activity areas and controlled entities have been eliminated. This general purpose financial report has been prepared on a going concern basis using the Other entities in which Council has an interest but historical cost convention in accordance with does not control are reported in Note 19. Australian Accounting Standards as they apply to not‐for‐profit entities, other authoritative 3 Income Recognition pronouncements of the Australian Accounting Standards Board, Interpretations and relevant South Income is measured at the fair value of the Australian legislation. consideration received or receivable. Income is recognised when the Council obtains control over the assets comprising the income, or when the amount The financial report was authorised for issue by due constitutes an enforceable debt, whichever first certificate under regulation 14 of the Local occurs. Government (Financial Management) Regulations 2011. Where grants, contributions and donations recognised as incomes during the reporting period 1.2 Historical Cost Convention were obtained on the condition that they be expended in a particular manner or used over a Except as stated below, these financial statements particular period, and those conditions were have been prepared in accordance with the historical undischarged as at the reporting date, the amounts cost convention. subject to those undischarged conditions are disclosed in these notes. Also disclosed is the 1.3 Critical Accounting Estimates amount of grants, contributions and receivables recognised as incomes in a previous reporting period The preparation of financial statements in conformity which were obtained in respect of the Council's with Australian Accounting Standards requires the operations for the current reporting period. use of certain critical accounting estimates, and requires management to exercise its judgement in In recent years the payment of untied financial applying Council’s accounting policies. assistance grants has varied from the annual allocation as shown in the table below: The areas involving a higher degree of judgement or Cash complexity, or areas where assumptions and Annual Payment Difference estimates are significant to the financial statements Allocation are specifically referred to in the relevant sections of Received these Notes. 2014/15 $2,349,053 $1,520,880 + $828,173 2015/16 $696,644 $1,512,372 - $815,728 1.4 Rounding 2016/17 $2,265,645 $1,494,710 + $770,935

All amounts in the financial statements have been rounded to the nearest thousand dollars ($’000). Because these grants are untied, the Australian Accounting Standards require that payments be recognised upon receipt. Accordingly, the operating

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies (continued)

results of these periods have been distorted Revenues arising from the sale of property are compared to those that would have been reported recognised in the operating statement when had the grants been paid in the year to which they settlement is completed. were allocated. Properties not acquired for development, but which The Operating Surplus Ratio disclosed in Note 15 Council has decided to sell as surplus to has also been calculated after adjusting for the requirements, are recognised at the carrying value at distortions resulting from the differences between the the time of that decision. actual grants received and the grants entitlements allocated. 5.2 Other Real Estate Held for Resale

4 Cash, Cash Equivalents and other Properties not acquired for development, but which Financial Instruments Council has decided to sell as surplus to requirements, are recognised at the carrying value at Cash Assets include all amounts readily convertible the time of that decision. to cash on hand at Council’s option with an insignificant risk of changes in value with a maturity Certain properties, auctioned for non‐payment of of three months or less from the date of acquisition. rates in accordance with the Local Government Act but which failed to meet the reserve set by Council Receivables for rates and annual charges are and are available for sale by private treaty, are secured over the subject land, and bear interest at recorded at the lower of the unpaid rates and rates determined in accordance with the Local charges at the time of auction or the reserve set by Government Act 1999. Other receivables are Council. Holding costs in relation to these properties generally unsecured and do not bear interest. are recognised as an expense when incurred.

All receivables are reviewed as at the reporting date 6 Infrastructure, Property, Plant & and adequate allowance made for amounts the Equipment receipt of which is considered doubtful. 6.1 Initial Recognition All financial instruments are recognised at fair value at the date of recognition. A detailed statement of the All assets are initially recognised at cost. For assets accounting policies applied to financial instruments acquired at no cost or for nominal consideration, cost forms part of Note 13. is determined as fair value at the date of acquisition.

5 Inventories All non‐current assets purchased or constructed are capitalised as the expenditure is incurred and Inventories held in respect of stores have been depreciated as soon as the asset is held “ready for valued by using the weighted average cost on a use”. Cost is determined as the fair value of the continual basis, after adjustment for loss of service assets given as consideration plus costs incidental to potential. Inventories held in respect of business the acquisition, including architects' fees and undertakings have been valued at the lower of cost engineering design fees and all other costs incurred. and net realisable value. The cost of non‐current assets constructed by the Council includes the cost of all materials used in 5.1 Real Estate Assets Developments construction, direct labour on the project and an appropriate proportion of overheads. Real Estate Assets developments have been classified as Inventory in accordance with AASB 102 6.2 Materiality and are valued at the lower of cost or net realisable value. Cost includes the costs of acquisition, Assets with an economic life in excess of one year development, borrowing and other costs incurred on are only capitalised where the cost of acquisition financing of that acquisition and up to the time of exceeds materiality thresholds established by sale. Any amount by which cost exceeds the net Council for each type of asset. In determining (and in realisable value has been recognised as an expense. annually reviewing) such thresholds, regard is had to

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies (continued)

the nature of the asset and its estimated service life. Building & Other Structures

Examples of capitalisation thresholds applied during Buildings – masonry 50 to 100 years the year are given below. No capitalisation threshold Buildings – other construction 20 to 40 years is applied to the acquisition of land or interests in Park Structures – masonry 50 to 100 years land. Park Structures – other construction 20 to 40 years Playground equipment 5 to 15 years Office Furniture & Equipment $1,000 Benches, seats, etc 10 to 20 years Other Plant & Equipment $1,000 Buildings - new construction/extensions $5,000 Infrastructure

Park & Playground Furniture & Equipment $2,000 Sealed Roads – Surface 15 to 25 years Road construction & reconstruction $5,000 Sealed Roads – Structure 20 to 50 years Paving & footpaths, Kerb & Gutter $2,000 Unsealed Roads 10 to 20 years Drains & Culverts $5,000 Bridges – Concrete 80 to 100 years Reticulation extensions $5,000 Paving & Footpaths, Kerb & Gutter 80 to 100 years Sidelines & household connections $5,000 Drains 80 to 100 years Artworks $5,000 Culverts 50 to 75 years Flood Control Structures 80 to 100 years 6.3 Subsequent Recognition Dams and Reservoirs 80 to 100 years Bores 20 to 40 years All material asset classes are revalued on a regular Reticulation Pipes – PVC 70 to 80 years basis such that the carrying values are not materially Reticulation Pipes – other 25 to 75 years different from fair value. Significant uncertainties Pumps & Telemetry 15 to 25 years exist in the estimation of fair value of a number of Other Assets asset classes including land, buildings and associated structures and infrastructure. Further Artworks indefinite detail of these uncertainties, and of existing valuations, methods and valuers are provided at 6.5 Impairment Note 7. Assets whose future economic benefits are not 6.4 Depreciation of Non-Current Assets dependent on the ability to generate cash flows, and where the future economic benefits would be Other than land, all infrastructure, property, plant and replaced if Council were deprived thereof, are not equipment assets recognised are systematically subject to impairment testing. depreciated over their useful lives on a straight‐line basis which, in the opinion of Council, best reflects Other assets that are subject to depreciation are the consumption of the service potential embodied in reviewed for impairment whenever events or those assets. changes in circumstances indicate that the carrying amount may not be recoverable. An impairment loss Depreciation methods, useful lives and residual is recognised for the amount by which the asset’s values of classes of assets are reviewed annually. carrying amount exceeds its recoverable amount (which is the higher of the present value of future Major depreciation periods for each class of asset cash inflows or value in use). are listed below. Depreciation periods for infrastructure assets have been estimated based on Where an asset that has been revalued is the best information available to Council, but subsequently impaired, the impairment is first offset appropriate records covering the entire life cycle of against such amount as stands to the credit of that these assets are not available, and extreme care class of assets in Asset Revaluation Reserve, any should be used in interpreting financial information excess being recognised as an expense. based on these estimates. 6.6 Borrowing Costs Plant, Furniture & Equipment

Office Furniture and Equipment 5 to 10 years Borrowing costs in relation to qualifying assets (net Vehicles and Road-making Equip 10 years of offsetting investment revenue) have been Other Plant & Equipment 5 to 10 years capitalised in accordance with AASB 123 “Borrowing Costs”. The amounts of borrowing costs recognised

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies (continued)

as an expense or as part of the carrying amount of (including payroll based oncosts) to be made in qualifying assets are disclosed in Note 3, and the respect of services provided by employees up to the amount (if any) of interest revenue offset against reporting date. Present values are calculated using borrowing costs in Note 2. government guaranteed securities rates with similar maturity terms. 7 Payables No accrual is made for sick leave as Council 7.1 Goods & Services experience indicates that, on average, sick leave taken in each reporting period is less than the Creditors are amounts due to external parties for the entitlement accruing in that period, and this supply of goods and services and are recognised as experience is expected to recur in future reporting liabilities when the goods and services are received. periods. Council does not make payment for untaken Creditors are normally paid 30 days after the month sick leave. of invoice. No interest is payable on these amounts. 9.2 Superannuation 7.2 Payments Received in Advance & Deposits The Council makes employer superannuation Amounts other than grants received from external contributions in respect of its employees to the parties in advance of service delivery, and security Statewide Superannuation Scheme. The Scheme deposits held against possible damage to Council has two types of membership, each of which is assets, are recognised as liabilities until the service funded differently. No changes in accounting policy is delivered or damage reinstated, or the amount is have occurred during either the current or previous refunded as the case may be. reporting periods. Details of the accounting policies applied and Council’s involvement with the schemes 8 Borrowings are reported in Note 18.

Borrowings are initially recognised at fair value, net 10 Provisions for Reinstatement, Restoration of transaction costs incurred and are subsequently and Rehabilitation measured at amortised cost. Any difference between the proceeds (net of transaction costs) and Close down and restoration costs include the the redemption amount is recognised in the income dismantling and demolition of infrastructure and the statement over the period of the borrowings using removal of residual materials and remediation and the effective interest method. rehabilitation of disturbed areas. Estimated close down and restoration costs are provided for in the Borrowings are carried at their principal amounts accounting period when the obligation arising from which represent the present value of future cash the related disturbance occurs, and are carried at the flows associated with servicing the debt. Interest is net present value of estimated future costs. accrued over the period to which it relates, and is recorded as part of “Payables”. Although estimated future costs are based on a closure plan, such plans are based on current 9 Employee Benefits environmental requirements which may change. Council’s policy to maximise recycling is extending 9.1 Salaries, Wages & Compensated Absences the operational life of these facilities, and significant uncertainty exists in the estimation of the future Liabilities for employees’ entitlements to salaries, closure date. wages and compensated absences expected to be paid or settled within 12 months of reporting date are 11 Leases accrued at nominal amounts (including payroll based oncosts) measured in accordance with AASB 119. Lease arrangements have been accounted for in accordance with Australian Accounting Standard Liabilities for employee benefits not expected to be AASB 117. paid or settled within 12 months are measured as the present value of the estimated future cash outflows

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies (continued)

In respect of operating leases, where the lessor . Amounts included in the Statement of Cash substantially retains all of the risks and benefits Flows are disclosed on a gross basis. incident to ownership of the leased items, lease payments are charged to expense over the lease 15 New accounting standards and UIG term. interpretations

12 Construction Contracts In the current year, Council adopted all of the new and revised Standards and Interpretations issued by Construction works undertaken by Council for third the Australian Accounting Standards Board (AASB) parties are generally on an agency basis where the that are relevant to its operations and effective for third party reimburses Council for actual costs the current reporting period. The adoption of the incurred, and usually do not extend beyond the new and revised Standards and Interpretations has reporting period. As there is no profit component, not resulted in any material changes to Council's such works are treated as 100% completed. accounting policies. Reimbursements not received are recognised as receivables and reimbursements received in AASB 2016-4 Recoverable Amount of Non Cash- advance are recognised as “payments received in Generating Specialised Assets of Not-for- advance”. Profit Entities has been adopted early in the preparation of these financial reports. This Standard For works undertaken on a fixed price contract basis, removes the requirement for impairment testing of revenues and expenses are recognised on a non cash-generating specialised assets that are percentage of completion basis. Costs incurred in carried at fair value. The early adoption of this advance of a future claimed entitlement are classified Standard has not resulted in any changes to any as work in progress in inventory. When it is probable amounts disclosed in these reports. that total contract costs will exceed total contract revenue, the expected loss is recognised as an Other than AASB 2016-4, Adelaide Hills Council has expense immediately. not applied any Australian Accounting Standards and Interpretations that have been issued but are not yet 13 Equity Accounted Council Businesses effective.

Council participates in cooperative arrangements This year Council has applied AASB 124 Related with other Councils for the provision of services and Party Disclosures for the first time. As a result facilities. Council’s interests in cooperative Council has disclosed more information about related arrangements, which are only recognised if material, parties and transactions with those related parties. are accounted for in accordance with AASB 128 and This information is presented in Note 23. set out in detail in Note 19. Other amended Australian Accounting Standards 14 GST Implications and Interpretations which were issued at the date of authorisation of the financial report, but have future In accordance with UIG Abstract 1031 “Accounting commencement dates are not likely to have a for the Goods & Services Tax” material impact on the financial statements.

. Receivables and Creditors include GST As at the date of authorisation of the financial receivable and payable. statements, the standards and interpretations listed below were in issue but not yet effective. . Except in relation to input taxed activities, revenues and operating expenditures exclude GST receivable and payable.

. Non-current assets and capital expenditures include GST net of any recoupment.

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 1. Summary of Significant Accounting Policies (continued)

Effective for annual reporting periods beginning 17 Disclaimer on or after 1 January 2017 Nothing contained within these statements may be  AASB 2014-5 Amendments to Australian taken to be an admission of any liability to any Accounting Standards arising from AASB 15 person under any circumstance.

 AASB 2015-8 Amendments to Australian Accounting Standards – Effective Date of AASB 15

 AASB 2016-1 Amendments to Australian Accounting Standards – Recognition of Deferred Tax Assets for Unrealised Losses [AASB 112]

 AASB 2016-2 Amendments to Australian Accounting Standards – Disclosure Initiative: Amendments to AASB 107

 AASB 2016-4 Amendments to Australian Accounting Standards – Recoverable Amount of Non-Cash-Generating Specialised Assets of Not- for-Profit Entities

 AASB 2016-7 Amendments to Australian Accounting Standards - Deferral of AASB 15 for Not-for-Profit Entities

Effective for annual reporting periods beginning on or after 13 February 2017

 AASB 2017-2 Amendments to Australian Accounting Standards - Further Annual Improvements 2014- 16 Cycle

Effective for annual reporting periods beginning on or after 13 December 2017

 AASB 2017-1 Amendments to Australian Accounting Standards - Transfers of Investment Property, Annual Improvements 2014-2016 Cycle and Other Amendments

16 Comparative Figures

To ensure comparability with the current reporting period’s figures, some comparative period line items and amounts may have been reclassified or individually reported for the first time within these financial statements and/or the notes.

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X8A21T Note 2. Income

$ '000 Notes 2017 2016

(a).X8A0T Rates Revenues

General Rates General Rates 32,144 31,639 Less: Mandatory Rebates (220) (217) Less: Discretionary Rebates, Remissions & Write Offs (166) (109) Total General Rates 31,758 31,313

Other Rates (Including Service Charges) Natural Resource Management Levy 904 836 Community Wastewater Management Systems 1,333 1,283 Separate & Special Rates 5 5 Stirling Business Association Separate Rate 87 86 Total Other Rates 2,329 2,210 Other Charges Penalties for Late Payment 173 186 Legal & Other Costs Recovered 41 102 Total Other Charges 214 288 Total Rates Revenues 34,301 33,811

(b).X8A1T Statutory Charges

Development Act Fees 466 441 Animal Registration Fees & Fines 375 354 Parking Fines / Expiation Fees 31 47 Other Licences, Fees & Fines 91 114 Searches 59 61 Total Statutory Charges 1,022 1,017

(c).X8A2T User Charges

Cemetery/Crematoria Fees 172 173 Community Centres 120 103 Sundry 217 190 Adelaide Hills Business and Tourism Centre (AHBTC) 493 478 Dump Fees 4 7 Retirement Villages 331 333 Total User Charges 1,337 1,284

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 2. Income (continued)

$ '000 Notes 2017 2016

(d).X8A4T Investment Income

Interest on Investments - - - Local Government Finance Authority 7 11 - Banks & Other 19 34 - Loans to Community Groups 10 13 Total Investment Income 36 58

(e).X8A5T Reimbursements

Private Works 30 21 Other 235 238 Total Reimbursements 265 259

(f).X8A6T Other Income

Insurance & Other Recoupments - Infrastructure, IPP&E 196 134 Sundry 287 328 Total Other Income 483 462

(g).X8A3T Grants, Subsidies, Contributions

Amounts Received Specifically for New or Upgraded Assets 672 2,868 Other Grants, Subsidies and Contributions - 276 Untied - Financial Assistance Grant 1,495 697 Roads to Recovery 1,119 - Home and Community Care Grant 871 859 Library and Communications 267 279 Sundry 525 678 Individually Significant Item - Additional Grants Commission Payment 771 - Total Grants, Subsidies, Contributions 5,720 5,657 The functions to which these grants relate are shown in Note 12. (i) Sources of grants Commonwealth Government 2,211 2,039 State Government 3,183 3,008 Other 326 610 Total 5,720 5,657

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 2. Income (continued)

$ '000 Notes 2017 2016

(h). Conditions over Grants & Contributions

Nil

(i).X8A12T Physical Resources Received Free of Charge

Land & Improvements 118 - Total Physical Resources Received Free of Charge 118 -

X8A22T Note 3. Expenses

(a).X8A7T Employee Costs

Salaries and Wages 11,004 10,718 Employee Leave Expense 2,498 2,335 Superannuation - Defined Contribution Plan Contributions 18 986 937 Superannuation - Defined Benefit Plan Contributions 18 239 239 Workers' Compensation Insurance 446 329 Personal Income Protection Insurance 190 188 Other 4 39 Less: Capitalised and Distributed Costs (862) (841) Total Operating Employee Costs 14,505 13,944

Total Number of Employees (full time equivalent at end of reporting period) 172 173

(b).X8A8T Materials, Contracts and Other Expenses

(i) Prescribed Expenses Auditor's Remuneration - Auditing the Financial Reports 30 37 Elected Members' Expenses 373 392 Election Expenses 46 45 Operating Lease Rentals - Cancellable Leases 286 270 Subtotal - Prescribed Expenses 735 744

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 3. Expenses (continued)

$ '000 Notes 2017 2016

(ii) Other Materials, Contracts and Expenses Contractors 10,415 9,936 Energy 634 576 Legal Expenses 234 209 Levies Paid to Government - NRM levy 893 826 Levies - Other 583 614 Parts, Accessories & Consumables 2,275 2,605 Professional Services 96 160 Sundry 835 706 Contributions & Donations 683 562 Insurance 604 629 Work-in-Progress Write-off 700 - Subtotal - Other Material, Contracts & Expenses 17,952 16,823

Total Materials, Contracts and Other Expenses 18,687 17,567

(c).X8A9T Depreciation, Amortisation and Impairment

Buildings 904 786 Infrastructure - Stormwater 359 352 - Community Wastewater Management Systems 347 392 - Roads 3,644 3,612 - Bridges 254 250 - Footpaths 313 298 - Retaining Walls 98 106 - Guardrails 114 103 - Kerb & Gutter 407 405 - Traffic Controls 39 39 - Street Furniture 62 59 - Sport & Recreation 316 300 - Playgrounds 44 46 - Cemeteries 32 31 Plant & Equipment 809 718 Furniture & Fittings 50 64 Total Depreciation, Amortisation and Impairment 7,792 7,561

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Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 3. Expenses (continued)

$ '000 Notes 2017 2016

(d).X8A10T Finance Costs

Interest on Overdraft and Short-Term Drawdown 104 165 Interest on Loans 604 607 Merchant Fees 35 70 Bank Charges 38 37 Other - 4 Total Finance Costs 781 883

X8A11T Note 4. Asset Disposal & Fair Value Adjustments

Infrastructure, Property, Plant & Equipment

Proceeds from Disposal 754 619 Less: Carrying Amount of Assets Sold (2,079) (1,725) Gain (Loss) on Disposal (1,325) (1,106)

Net Gain (Loss) on Disposal or Revaluation of Assets (1,325) (1,106)

X8A23T Note 5. Current Assets

(a).X8A13T Cash & Cash Equivalents

Cash on Hand at Bank 601 259 Deposits at Call 3 - Short Term Deposits & Bills, etc. 362 358 Total Cash & Cash Equivalents 966 617

page 18

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 5. Current Assets (continued)

$ '000 Notes 2017 2016

(b).X8A14T Trade & Other Receivables

Rates - General & Other 1,349 1,539 Council Rates Postponement Scheme 39 25 Accrued Revenues 545 569 Debtors - General 250 280 Other Levels of Government 299 107 Goods & Services Tax (GST) Recoupment - 133 Prepayments 257 275 Subtotal 2,739 2,928 Less: Allowance for Doubtful Debts (30) (30) Total Trade & Other Receivables 2,709 2,898

X8A20T (c).X8A15T Other Financial Assets

Loans to Community Organisations 44 83 Total Other Financial Assets 44 83

(d).X8A16T Inventories

Stores & Materials 14 7 Total Inventories 14 7

X8A24T Note 6. Non-Current Assets

(a).X8A17T Financial Assets

Receivables Loans to Community Organisations 71 74 Total Financial Assets 71 74

(b).X8A18T Equity Accounted Investments in Council Businesses

Gawler River Floodplain Management Authority (GRFMA) 19 554 562 Eastern Waste Management Authority (EWMA) 19 103 25 Adelaide Hills Regional Waste Management Authority (AHRWMA) 19 327 658 Total Equity Accounted Investments in Council Businesses 984 1,245

page 19 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X9A0T Note 7a (i). Infrastructure, Property, Plant & Equipment

Asset Movements during the Reporting Period as at 30/6/2016 as at 30/6/2017 Asset Additions Revaluation Revaluation WDV Depreciation Decrements Increments WIP Adjustments of Asset Expense to Equity to Equity Fair Value New / Transfers & Transfers At At Accumulated Carrying Renewals Disposals (Note 3c) (ARR) (ARR) At At Accumulated Carrying Upgrade (Note 9) (Note 9) $ '000 Level Fair Value Cost Dep'n Impairment Value Fair Value Cost Dep'n Impairment Value Capital Work in Progress 3,935 - - 3,935 3,423 6,693 - - (10,567) (325) - - - 3,162 - - 3,162 Land - Community 58,687 - - - 58,687 - - (53) - 100 - - - 58,734 - - - 58,734 Buildings 66,328 - 43,307 - 23,021 - - (258) (904) 980 - - 1,601 66,697 - 42,257 - 24,440 Infrastructure ------Stormwater 33,505 - 9,472 - 24,033 - - (40) (359) 849 - - 786 35,385 - 10,116 - 25,269 - Community Wastewater Management Systems 18,980 - 7,708 - 11,272 - - (51) (347) 382 - - 577 19,922 - 8,089 - 11,833 - Roads 203,291 - 79,974 - 123,317 - - (789) (3,644) 4,029 - - 4,005 210,787 - 83,869 - 126,918 - Bridges 16,152 - 7,021 - 9,131 - - - (254) 414 - - 298 17,085 - 7,495 - 9,590 - Footpaths 11,900 - 4,653 - 7,247 - - (60) (313) 167 - - 237 12,312 - 5,034 - 7,278 - Retaining Walls 7,027 - 1,885 - 5,142 - - (22) (98) 197 - - 168 7,384 - 1,997 - 5,387 - Guardrails 5,799 - 876 - 4,923 - - (3) (114) 183 - - 161 6,165 - 1,015 - 5,150 - Kerb & Gutter 29,704 - 15,484 - 14,220 - - (73) (407) 570 - - 465 31,071 - 16,296 - 14,775 - Traffic Controls 2,030 - 656 - 1,374 - - - (39) 27 - - 45 2,124 - 717 - 1,407 - Street Furniture 2,664 - 1,134 - 1,530 - - - (62) 157 - - 36 2,879 - 1,218 - 1,661 - Sport & Recreation 15,258 - 8,609 - 6,649 - - (1) (316) 204 - - 217 15,957 - 9,204 - 6,753 - Playgrounds 1,133 - 483 - 650 - - (7) (44) 597 - - 21 1,721 - 504 - 1,217 - Cemeteries 1,841 - 1,144 - 697 - - (32) - - (9) 22 1,892 - 1,213 - 679 Plant & Equipment - 10,230 5,314 - 4,916 - - (721) (809) 1,615 - - - - 10,551 5,550 - 5,001 Furniture & Fittings - 3,211 1,478 - 1,733 - - - (50) 96 - - - - 3,492 1,713 - 1,779 Total Infrastructure, Property, Plant & Equipment 474,299 17,376 189,198 - 302,477 3,423 6,693 (2,078) (7,792) - (325) (9) 8,640 490,115 17,205 196,287 - 311,033

Comparatives 465,648 13,324 182,393 - 296,579 1,182 7,247 (1,588) (7,561) - - - 2,683 474,299 17,376 189,198 - 302,477

Note 7a (ii). Investment Property Nil

page 20

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X10A9T Note 7b. Valuation of Infrastructure, Property, Plant & Equipment & Investment Property

$ '000

Valuation of Assets

The fair value of assets and liabilities must be estimated in accordance with various Accounting Standards for either recognition and measurement requirements or for disclosure purposes.

AASB 13 Fair Value Measurement requires all assets and liabilities measured at fair value to be assigned to a "level" in the fair value hierarchy as follows: Level 1: Unadjusted quoted prices in active markets for identical assets or liabilities that the entity can access at the measurement date. Level 2: Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly. Level 3: Inputs for the asset or liability that are not based on observable market data (unobservable inputs).

Refer to Note 7a for the disclosure of the Fair Value Levels of Infrastructure, Property, Plant and Equipment Assets.

Information on Valuations Certain land, and the buildings and structures thereon, are shown above as being based on fair value hierarchy level 2 valuation inputs. They are based on prices for similar assets in an active market, with directly or indirectly observable adjustments for specific advantages or disadvantages attaching to the particular asset.

Valuations of Crown land, community land and land subject to other restrictions on use or disposal, shown above as being based on fair value hierarchy level 3 valuation inputs, are based on prices for similar assets in an active market, but include adjustments for specific advantages or disadvantages attaching to the particular asset that are not directly or indirectly observable in that market, or the number and / or amount of observable adjustments of which are so great that the valuation is more fairly described as being based on level 3 valuation inputs.

There is no known market for buildings, infrastructure and other assets. These assets are valued at depreciated current replacement cost. This method involves: - The determination of the cost to construct the asset (or its modern engineering equivalent) using current prices for materials and labour, the quantities of each being estimated based on recent experience of this or similar Councils, or on industry construction guides where these are more appropriate. - The calculation of the depreciation that would have accumulated since original construction using current estimates of residual value and useful life under the prime cost depreciation method adopted by Council.

This method has significant inherent uncertainties, relying on estimates of quantities of materials and labour, residual values and useful lives, and the possibility of changes in prices for materials and labour, and the potential for development of more efficient construction techniques.

page 21

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 7b. Valuation of Infrastructure, Property, Plant & Equipment & Investment Property (continued)

$ '000

Valuation of Assets (continued)

Other Information At 1 July 2004 upon the transition to AIFRS, Council elected pursuant to AASB 1.D5 to retain a previously established deemed cost under GAAP as its deemed cost. With subsequent addition at cost, this remains as the basis of recognition of non-material asset classes. ‐

Upon revaluation, the current new replacement cost and accumulated depreciation are re stated such that the difference represents the fair value of the asset determined in accordance with AASB 13 Fair Value Measurement: accumulated depreciation is taken to be the difference between current new replacement cost and fair value. In the case of land, current replacement cost is taken to be the fair value.

Highest and best use There were no assets valued where it was considered that the highest and best use was other than its current use.

Land & Land Improvements Council being of the opinion that it is not possible to attribute value sufficiently reliably to qualify for recognition, land under roads has not been recognised in these reports.

Land - Level 3: Land which is subject to restriction for its use or sale, ie Community Land, or land where there is no active market such as Parks & Gardens or subject to Community Service Obligations. Land assets revaluation was undertaken by Council officers using the Valuer General's values indexed up to 31 January 2014.

Buildings - Council discloses Buildings as a class of Infrastructure Assets for the purposes of AASB 13 Fair Value Measurement, and the level of fair value hierarchy to be Level 3, as no relevant observable inputs (Markets) are available. - Valuations have been performed by Council Officers at depreciated current replacement cost during the period ended 30 June 2017 and were indexed based on Australian Bureau of Statistics Time Series data, specific for Adelaide, Table 17 Output (Construction Industries), and specific for Adelaide, dated June 2017. - There were no Assets Valued where it was considered that the highest and best use was other than its current use.

page 22

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 7b. Valuation of Infrastructure, Property, Plant & Equipment & Investment Property (continued)

$ '000

Valuation of Assets (continued)

Infrastructure Roads, Bridges, Footpaths, Retaining Walls, Guardrail, Kerb & Gutter, Traffic Controls, Street Furniture Stormwater, Community Wastewater Management Systems (CWMS), Sport and Recreation Facilities (S&R) Playground and Cemeteries - Council discloses each of the above as an individual class of Infrastructure Assets for the purposes of AASB 13 Fair Value Measurement, and the level of fair value hierarchy to be Level 3, as no relevant observable inputs (Markets) are available. - Valuations have been performed by Council Officers at depreciated current replacement cost during the period ended 30 June 2017 and were indexed based on Australian Bureau of Statistics Time Series data, Tables 17 (Construction Industries) and Table 18 (House Construction and Steel Products Industries) and specific for Adelaide, dated June 2017. - There were no Assets Valued where it was considered that the highest and best use was other than its current use.

Plant, Furniture & Equipment and Furniture & Fittings - Basis of valuation: These Assets are recorded on a Historic Cost basis.

X10A10T Note 8. Liabilities

2017 2017 2016 2016 $ '000 Notes Current Non Current Current Non Current

(a).X10A3T Trade and Other Payables

Goods & Services 1,542 - 2,025 - Payments Received in Advance 68 - 193 - Accrued Expenses - Employee Entitlements 1,946 - 1,727 - Accrued Expenses - Other 509 - 295 - Aged Care Facility Deposits 4,165 - 4,041 - Deposits, Retentions & Bonds 4 - 1 - Rates - General and other (credit balances) - - 200 - Other 259 - 101 - Total Trade and Other Payables 8,493 - 8,583 -

page 23

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 8. Liabilities (continued)

2017 2017 2016 2016 $ '000 Notes Current Non Current Current Non Current

(b).X10A4T Borrowings

Bank Overdraft 3,600 - 3,450 - Loans 51 10,000 132 10,000 Total Borrowings 3,651 10,000 3,582 10,000 All interest bearing liabilities are secured over the future revenues of the Council

(c).X10A5T Provisions

Employee Entitlements (including oncosts) 1,331 141 1,455 120 Future Reinstatement / Restoration, etc 26 133 26 133 Total Provisions 1,357 274 1,481 253

X10A6T

X10A12T Note 9. Reserves

Increments 1/7/2016 Transfers Impairments 30/6/2017 $ '000 Notes (Decrements)

(a).X10A0T Asset Revaluation Reserve

Land - Community 29,961 - - - 29,961 Buildings 5,190 1,601 - - 6,791 Infrastructure - Stormwater 17,777 786 - - 18,563 - Community Wastewater Management Systems 3,721 577 - - 4,298 - Roads 60,458 4,005 - - 64,463 - Bridges 3,774 298 - - 4,072 - Footpaths 296 237 - - 533 - Retaining Walls 2,436 168 - - 2,604 - Guardrails 2,771 161 - - 2,932 - Kerb & Gutter 13,079 465 - - 13,544 - Traffic Controls 495 45 - - 540 - Street Furniture 1,173 36 - - 1,209 - Sport & Recreation 2,600 217 - - 2,817 - Playgrounds 68 21 - - 89 - Cemeteries 2,203 14 - - 2,217 Total Asset Revaluation Reserve 146,002 8,631 - - 154,633 Comparatives 143,319 2,683 - - 146,002

page 24

X10A1T Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 9. Reserves (continued)

Tfrs to Tfrs from Other 1/7/2016 30/6/2017 $ '000 Notes Reserve Reserve Movements

(b).X10A2T Other Reserves

Investment in Associates 732 - (260) - 472 Community Wastewater Management Systems 758 - (75) - 683 Retirement Village Lobethal 80 - (26) - 54 Retirement Village Woodside 206 2 - - 208 Retirement Village Balhannah 7 - (7) - - Retirement Village Fee Bond 42 - - - 42 Torrens Valley Community Centre 116 21 - - 137 Library 17 - (16) - 1 Scott Creek Progress Association 6 - - - 6 Environmental Fund Reserve 232 - - - 232 Significant Trees Reserve 6 1 - - 7 Total Other Reserves 2,202 24 (384) - 1,842 Comparatives 2,167 303 (268) - 2,202

X10A11T Note 10. Assets Subject to Restrictions

$ '000 Notes 2017 2016

The uses of the following assets are restricted, wholly or partially, by legislation or other externally imposed requirements. The assets are required to be utilised for the purposes for which control was transferred to Council, or for which the revenues were originally obtained.

Cash & Financial Assets Unexpended amounts received from Federal Government Community Wastewater Management Systems Investigations 340 335 Total Cash & Financial Assets 340 335

Total Assets Subject to Externally Imposed Restrictions 340 335

page 25

Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X10A8T Note 11. Reconciliation to Statement of Cash Flows

$ '000 Notes 2017 2016

(a). Reconciliation of Cash

Cash Assets comprise highly liquid investments with short periods to maturity subject to insignificant risk of changes of value. Cash at the end of the reporting period as shown in the Statement of Cash Flows is reconciled to the related items in the Balance Sheet as follows:

Total Cash & Equivalent Assets 5 966 617 Less: Short-Term Borrowings 8 (3,600) (3,450) Balances per Statement of Cash Flows (2,634) (2,833)

(b).X10A7T Reconciliation of Change in Net Assets to Cash from Operating Activities

Net Surplus/(Deficit) (85) 1,439 Non-Cash Items in Income Statements Depreciation, Amortisation & Impairment 7,792 7,561 Equity Movements in Equity Accounted Investments (Increase)/Decrease 277 48 Non-Cash Asset Acquisitions (118) - Grants for Capital Acquisitions (Treated as Investing Activity Receipts) (672) (2,868) Net (Gain) Loss on Disposals 1,325 1,106 Expense of Capital Items 325 - 8,844 7,286 Add (Less): Changes in Net Current Assets Net (Increase)/Decrease in Receivables 189 870 Change in Allowances for Under-Recovery of Receivables - 37 Net (Increase)/Decrease in Inventories (7) 10 Net (Increase)/Decrease in Other Current Assets - (74) Net Increase/(Decrease) in Trade & Other Payables (217) (453) Net Increase/(Decrease) in Unpaid Employee Benefits (103) 211 Net Increase/(Decrease) in Other Provisions - 59 Net Cash provided by (or used in) operations 8,706 7,946

(c). Non-Cash Financing and Investing Activities

Acquisition of assets by means of: - Physical Resources Received Free of Charge 2i 118 - Amounts recognised in Income Statement 118 - Total Non-Cash Financing & Investing Activities 118 -

page 26 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X11A0T Note 12a. Functions

Income, Expenses and Assets have been directly attributed to the following Functions / Activities. Details of these Functions/Activities are provided in Note 12(b).

Functions/Activities TOTAL ASSETS HELD OPERATING GRANTS INCLUDED INCOME EXPENSES (CURRENT & SURPLUS (DEFICIT) IN INCOME NON-CURRENT)

Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual $ '000 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 Community & Customer Services 1,472 2,282 5,711 6,160 (4,239) (3,878) 1,261 1,432 - - Corporate Services 37,174 35,337 10,802 9,755 26,372 25,582 1,227 572 95,421 97,913 Engineering & Assets 2,472 392 16,615 14,949 (14,143) (14,557) 3,075 3,087 220,400 209,488 Strategy & Development 1,431 1,845 8,971 9,315 (7,540) (7,470) 157 566 - -

Total Functions/Activities 42,549 39,856 42,099 40,179 450 (323) 5,720 5,657 315,821 307,401

Revenues and expenses exclude net gain (loss) on disposal or revaluation of assets, net gain (loss) from joint ventures & associated entities, amounts received specifically for new or upgraded assets and physical resources received free of charge.

page 27 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A3T Note 12b. Components of Functions

$ '000

The activities relating to Council functions are as follows:

COMMUNITY AND CUSTOMER SERVICES Community Support, Elderly Citizens Facilities, Home Assistance Scheme, Other Services for the Aged and Disabled, Youth Services, Community Assistance, Community Transport, Family and Neighbourhood Support, Other Community Support, Community Amenities, Cultural Services, Cultural Venues, Heritage and Other Cultural Services, Library Services, Mobile Libraries and Housebound Services, Static Libraries, Other Library Services.

CORPORATE SERVICES Accounting/Finance, Payroll, Human Resources, Information Technology, Communication, Rates Administration, Separate and Special Rates, .Records, Contract Management, Other Support Services, LGGC – General Purpose, Governance, Administration, Elected Members, Organisational Support Services, Revenues, Cemeteries/Crematoria, Employment Creation Programs.

ENGINEERING & ASSETS Bridges, Footpaths and Kerbing, Roads – sealed, Roads – formed, Roads – natural formed, Roads – unformed, Traffic Management, LGGC – roads (formula funded), Gravel Pits/Quarries, Private Works, Parks and Gardens, Sports Facilities – Indoor, Sports Facilities – Outdoor, Swimming Centres – Outdoor, Other Recreation, Public Conveniences, Telecommunications Networks, and Other Community Amenities, Stormwater and Drainage, Street Cleaning, Street Lighting, Streetscaping, Landcare Other Agricultural Services, Natural Resource Management Levy and Other Environment.

STRATEGY & DEVELOPMENT Building Control, Town Planning, Clean Air/Pollution Control, Dog and Cat Control, Litter Control, Parking Control and Other Regulatory Services, Emergency Services, Other Fire Protection, Pest Control, Health Services, Health Inspectios, Immunisation, Preventive Health Services, Waste Management, Domestic Waste, Green Waste, Recycling, Transfer Stations, Waste Disposal Facility, Other Waste Management, Sewerage/CWMS, Regional Development, Support to Local Businesses, Tourism, and Other Economic Development.

page 28 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A4T Note 13. Financial Instruments

$ '000

Recognised Financial Instruments

Bank, Deposits at Call, Short Term Deposits Accounting Policy: Carried at lower of cost and net realisable value; Interest is recognised when earned.

Terms & Conditions: Deposits are returning fixed interest rates between 1.50% and 2.00% (2016: 1.88% and 2.38%).

Carrying Amount: Approximates fair value due to the short term to maturity.

Receivables Accounting Policy: Rates & Associated Charges Carried at nominal values less any allowance for doubtful debts. (including legals & penalties for late payment) An allowance for doubtful debts is recognised (and re-assessed annually) when collection in full is no longer probable. Note: These receivables do not meet the definition of "financial instruments" and have been excluded Terms & Conditions: from the following disclosures. Secured over the subject land, arrears attract interest of 7.00% (2016: 7.00%). Council is not materially exposed to any individual debtor, credit risk exposure is concentrated within the Council's boundaries in the State.

Carrying Amount: Approximates fair value (after deduction of any allowance).

Receivables Accounting Policy: Fees & Other Charges Carried at nominal values less any allowance for doubtful debts. An allowance for doubtful debts is recognised (and re-assessed annually) when collection in full is no longer probable.

Terms & Conditions: Unsecured, and do not bear interest. Council is not materially exposed to any individual debtor, credit risk exposure is concentrated within the Council's boundaries.

Carrying Amount: Approximates fair value (after deduction of any allowance).

page 29 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 13. Financial Instruments (continued)

$ '000

Recognised Financial Instruments

Receivables Accounting Policy: Other Levels of Government Carried at nominal value.

Terms & Conditions: Amounts due have been calculated in accordance with the terms and conditions of the respective programs following advice of approvals, and do not bear interest. All amounts are due by Departments and Agencies of State and Federal Governments.

Carrying Amount: Approximates fair value.

Receivables Accounting Policy: Retirement Home Contributions Carried at nominal values less any allowance for doubtful debts. An allowance for doubtful debts is recognised (and re-assessed annually) when collection in full is no longer probable.

Terms & Conditions: Amounts due have been calculated in accordance with the terms and conditions of the respective legislation.

Carrying Amount: Approximates fair value (after deduction of any allowance).

Liabilities Accounting Policy: Creditors and Accruals Liabilities are recognised for amounts to be paid in the future for goods and services received, whether or not billed to the Council.

Terms & Conditions: Liabilities are normally settled on 30 day terms.

Carrying Amount: Approximates fair value.

page 30 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 13. Financial Instruments (continued)

$ '000

Recognised Financial Instruments

Liabilities Accounting Policy: Retirement Home Contributions To avoid inconvenience when complying with the separate audit requirements imposed by the relevant legislation, amounts are carried at nominal values.

Terms & Conditions: Pursuant to Commonwealth legislation certain intending residents are required to contribute amounts on an interest free basis. The amounts are subject to certain deductions as prescribed by the legislation, the balance being repaid on termination of tenancy.

Carrying Amount: Approximates fair value for short tenancies; may be non-materially overstated for longer tenancies.

Liabilities Accounting Policy: Interest Bearing Borrowings Carried at the principal amounts. Interest is charged as an expense as it accrues.

Terms & Conditions: Secured over future revenues, borrowings are repayable (describe basis); interest is charged at fixed rates between 3.80% and 6.75% (2016: 4.60% and 6.75%) and variable rates between 3.75% and 4.00%. Carrying Amount: Approximates fair value.

Liabilities Accounting Policy: Finance Leases Accounted for in accordance with AASB 117.

page 31 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 13. Financial Instruments (continued)

Due Due > 1 year Due Total Contractual Carrying $ '000 < 1 year & ≤ 5 years > 5 years Cash Flows Values

2017 Financial Assets Cash & Equivalents 966 - - 966 966 Receivables 1,064 - - 1,064 1,064 Other Financial Assets 52 78 - 130 115 Total Financial Assets 2,082 78 - 2,160 2,145

Financial Liabilities Payables 8,306 - - 8,306 8,425 Current Borrowings 3,636 19 - 3,654 3,651 Non-Current Borrowings 568 6,933 5,690 13,190 10,000 Total Financial Liabilities 12,509 6,951 5,690 25,150 22,076

2016 Financial Assets Cash & Equivalents 617 - - 617 617 Receivables 1,009 16 - 1,025 926 Other Financial Assets 83 74 - 157 157 Total Financial Assets 1,709 90 - 1,799 1,700

Financial Liabilities Payables 8,394 - - 8,394 8,390 Current Borrowings 3,582 16 - 3,598 3,582 Non-Current Borrowings 568 6,933 5,920 13,421 10,000 Total Financial Liabilities 12,544 6,949 5,920 25,413 21,972

The following interest rates were applicable 30 June 2017 30 June 2016 to Council's Borrowings at balance date: Weighted Avg Carrying Weighted Avg Carrying Interest Rate Value Interest Rate Value Overdraft 3.77% 3,600 3.75% 3,450 Other Variable Rates - 4.37% 132 Fixed Interest Rates 5.36% 10,051 5.68% 10,000 13,651 13,582

Net Fair Value All carrying values approximate fair value for all recognised financial instruments . There is no recognised market for the financial assets of the Council.

page 32 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 13. Financial Instruments (continued)

$ '000

Risk Exposures

Credit Risk represents the loss that would be recognised if counterparties fail to perform as contracted. The maximum credit risk on financial assets of the Council is the carrying amount, net of any allowance for doubtful debts. All Council investments are made with the SA Local Government Finance Authority and are guaranteed by the SA Government. Except as detailed in Notes 5 & 6 in relation to individual classes of receivables, exposure is concentrated within the Council's boundaries, and there is no material exposure to any individual debtor.

Market Risk is the risk that fair values of financial assets will fluctuate as a result of changes in market prices. All of Council's financial assets are denominated in Australian dollars and are not traded on any market, and hence neither market risk nor currency risk apply.

Liquidity Risk is the risk that Council will encounter difficulty in meeting obligations with financial liabilities. In accordance with the model Treasury Mangement Policy (LGA Information Paper 15), liabilities have a range of maturity dates. Council also has available a range of bank overdraft and standby borrowing facilities that it can access.

Interest Rate Risk is the risk that future cash flows will fluctuate because of changes in market interest rates. Council has a balance of both fixed and variable interest rate borrowings and investments. Cash flow fluctuations are managed holistically in seeking to minimise interest costs over the longer term in a risk averse manner.

page 33 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A5T Note 14. Commitments for Expenditure

$ '000 Notes 2017 2016

(a). Capital Commitments

Capital expenditure committed for at the reporting date but not recognised in the financial statements as liabilities:

Infrastructure 449 594 Plant & Equipment 26 9 Other - - 475 603

These expenditures are payable: Not later than one year 475 603 Later than one year and not later than 5 years - - Later than 5 years - - 475 603

(b). Other Expenditure Commitments

Other expenditure committed for (excluding inventories) at the reporting date but not recognised in the financial statements as liabilities:

Audit Services - 30 Employee Remuneration Contracts 7,349 7,187 7,349 7,217

These expenditures are payable: Not later than one year 1,838 1,860 Later than one year and not later than 5 years 5,511 5,357 Later than 5 years - - 7,349 7,217

(c).X12A14T Finance Lease Commitments

Council has no Finance Leases.

page 34 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A6T Note 15. Financial Indicators

Amounts Indicator Prior Periods $ '000 2017 2017 2016 2015

These Financial Indicators have been calculated in accordance with Information paper 9 - Local Government Financial Indicators prepared as part of the LGA Financial Sustainability Program for the Local Government Association of South Australia.

1. Operating Surplus Ratio Operating Surplus 450 1% (1%) 3% Total Operating Revenue 42,549

This ratio expresses the operating surplus as a percentage of total operating revenue.

1a. Adjusted Operating Surplus Ratio In recent years the Federal Government has made advance payments prior (321) (1%) 1% 1% to 30th June from future year allocations of financial assistance grants, as 42,549 explained in Note 1. The Adjusted Operating Surplus Ratio adjusts for the resulting distortion in the disclosed operating result for each year.

2. Net Financial Liabilities Ratio Net Financial Liabilities 19,985 47% 51% 54% Total Operating Revenue 42,549

Net Financial Liabilities are defined as total liabilities less financial assets (excluding equity accounted investments in Council businesses). These are expressed as a percentage of total operating revenue.

3. Asset Sustainability Ratio Net Asset Renewals 5,826 75% 110% 80% Infrastructure & Asset Management Plan required expenditure 7,792

Net asset renewals expenditure is defined as net capital expenditure on the renewal and replacement of existing assets, and excludes new capital expenditure on the acquisition of additional assets.

page 35 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A7T Note 16. Uniform Presentation of Finances

$ '000 2017 2016

The following is a high level summary of both operating and capital investment activities of the Council prepared on a simplified Uniform Presentation Framework basis.

All Councils in South Australia have agreed to summarise annual budgets and long-term financial plans on the same basis.

The arrangements ensure that all Councils provide a common 'core' of financial information, which enables meaningful comparisons of each Council's finances.

Income 42,549 39,856 less Expenses (42,099) (40,179) Operating Surplus / (Deficit) 450 (323) less Net Outlays on Existing Assets Capital Expenditure on Renewal and Replacement of Existing Assets 6,580 8,355 less Depreciation, Amortisation and Impairment (7,792) (7,561) less Proceeds from Sale of Replaced Assets (754) (18) Subtotal (1,966) 776 less Net Outlays on New and Upgraded Assets Capital Expenditure on New and Upgraded Assets 3,423 421 (including Investment Property & Real Estate Developments) less Amounts Received Specifically for New and Upgraded Assets (672) (2,868) less Proceeds from Sale of Surplus Assets (including Investment Property & and Real Estate Developments) - - Subtotal 2,751 (2,447)

Net Lending / (Borrowing) for Financial Year (335) 1,348

page 36 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A8T Note 17. Operating Leases

$ '000 2017 2016

Leases Providing Revenue to the Council

Council owns various buildings, plant and other facilities that are available for hire or lease (on a non-cancellable basis wherever practicable) in accordance with the published revenue policy. Rentals received from such leases are disclosed as rent and hire of non-investment property in Note 2.

(i) Investment Property Nil

(ii) Lease Payment Commitments of Council Commitments under non-cancellable operating leases that have not been recognised in the financial statements are as follows:

Not later than one year 257 147 Later than one year and not later than 5 years 398 116 Later than 5 years - - 655 263

page 37 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A9T Note 18. Superannuation

$ '000

The Council makes employer superannuation contributions in respect of its employees to Statewide Super (formerly Local Government Superannuation Scheme). There are two types of membership, each of which is funded differently. Permanent and contract employees of the South Australian Local Government sector with Salarylink benefits prior to 24 November 2009 have the option to contribute to the Accumulation section and/or Salarylink. All other employees (including casuals) have all contributions allocated to the Accumulation section.

Accumulation only Members Accumulation only members receive both employer and employee contributions on a progressive basis. Employer contributions are based on a fixed percentage of ordinary time earnings in accordance with superannuation guarantee legislation (9.50% in 2016/17; 9.50% in 2015/16). No further liability accrues to the Council as the superannuation benefits accruing to employees are represented by their share of the net assets of the Fund.

Salarylink (Defined Benefit Fund) Members Salarylink is a defined benefit scheme where the benefit payable is based on a formula determined by the member’s contribution rate, number of years and level of contribution and final average salary. Council makes employer contributions to Salarylink as determined by the Fund’s Trustee based on advice from the appointed Actuary. The rate is currently 6.3% (6.3% in 2015/16) of “superannuation” salary.

In addition, Council makes a separate contribution of 3% of ordinary time earnings for Salarylink members to their Accumulation account. Employees also make member contributions to the Salarylink section of the Fund. As such, assets accumulate in the Salarylink section of the Fund to meet the member's benefits, as defined in the Trust Deed, as they accrue.

The Salarylink section is a multi-employer sponsored plan. As the Salarylink section's assets and liabilities are pooled and are not allocated by each employer, and employees may transfer to another employer within the local government sector and retain membership of the Fund, the Actuary is unable to allocate benefit liabilities, assets and costs between employers. As provided by AASB 119.32(b), Council does not use defined benefit accounting for these contributions.

The most recent actuarial investigation was conducted by the Fund's actuary, A C Miller, FIAA, of Russell Employee Benefits Pty Ltd as at 30 June 2014. The Trustee has determined that the current funding arrangements are adequate for the expected Salarylink liabilities. However, future financial and economic circumstances may require changes to Council’s contribution rates at some future time.

Contributions to Other Superannuation Schemes Council also makes contributions to other superannuation schemes selected by employees under the “choice of fund” legislation. All such schemes are of the accumulation type, where the superannuation benefits accruing to the employee are represented by their share of the net assets of the scheme, and no further liability attaches to the Council.

page 38 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A0T Note 19. Interests in Other Entities

$ '000

All joint ventures and associates are required to prepare Annual Financial Statements that comply with the SA Local Government Model Financial Statements.

Council's Share of Net Income Council's Share of Net Assets 2017 2016 2017 2016 Joint Ventures (278) (48) 984 1,245 Total (278) (48) 984 1,245

(i) JOINT VENTURES, ASSOCIATES AND JOINT OPERATIONS

(a) Carrying Amounts

Name of Entity Principal Activity 2017 2016 Eastern Waste Management Authority Waste Management 103 25

Gawler River Floodplain Management Floodplain Management 554 562 Authority Adelaide Hills Regional Waste Waste Management 327 658 Management Authority Total Carrying Amounts - Joint Ventures & Associates 984 1,245

Eastern Waste Management Authority Eastern Waste is a regional subsidiary pursuant to S.43 of the Local Government Act 1999 . Council has an interest in the assets and liabilities of Eastern Waste. The other member Councils are Norwood, Payneham & St. Peters, Burnside, Mitcham, Campbelltown and Walkerville.

Gawler River Floodplain Management Authority Gawler River Floodplain Management Authority is a regional subsidiary pursuant to S.43 of the Local Government Act 1999 . Council has an interest in the assets and liabilities of Gawler River Floodplain Management Authority. Other members are Barossa, Gawler, Light, Adelaide Plains and Playford Councils.

Adelaide Hills Regional Waste Management Authority Adelaide Hills Regional Waste Management Authority is a regional subsidiary pursuant to S.43 of the Local Government Act 1999 . Council has an interest in the assets and liabilities of Adelaide Hills Regional Waste Management Authority. Other members are Alexandrina, Mt. Barker and Murray Bridge Councils.

page 39 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 19. Interests in Other Entities (continued)

$ '000 2017 2016

(b) Relevant Interests Interest in Ownership Operating Share of Proportion of Result Equity Voting Power Name of Entity 2017 2016 2017 2016 2017 2016 Eastern Waste Management Authority 16.7% 16.7% 16.7% 16.7% 16.7% 16.7% Gawler River Floodplain Management Authority 3.3% 3.3% 3.3% 3.3% 3.3% 3.3% Adelaide Hills Regional Waste Management Authority 34.6% 35.9% 34.6% 35.9% 34.6% 35.9%

(c) Movement in Investment in Joint Venture or Associate Eastern Waste Management Gawler River Floodplain Authority Management Authority 2017 2016 2017 2016 Opening Balance 25 41 562 394 Share in Operating Result 55 (1) (8) (8) Share in Other Comprehensive Income 3 6 - - New Capital Contributions 18 18 - - Adjustments to Equity 2 (39) - 176 Council's Equity Share in the Joint Venture or Associate 103 25 554 562

Adelaide Hills Regional Waste Management Authority 2017 2016 Opening Balance 658 837 Share in Operating Result (302) (141) Share in Other Comprehensive Income (5) (2) Adjustments to Equity (24) (36) Council's Equity Share in the Joint Venture or Associate 327 658

X12A1T Note 20. Non-Current Assets Held for Sale & Discontinued Operations

Council does not have any Non-Current Assets Held for Sale or any Discontinued Operations.

page 40 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A10T Note 21. Contingencies & Assets/Liabilities Not Recognised in the Statement of Financial Position

The following assets and liabilities do not qualify for recognition in the Statement of Financial Position, but knowledge of these items is considered relevant to the users of the financial report in making and evaluating decisions about allocation of scarce resources.

1. LAND UNDER ROADS

As reported in the Financial Statements, Council is of the opinion that it is not possible to attribute a value sufficiently reliably for these assets to qualify for recognition, and accordingly land under roads has not been recognised in the reports. Land acquired for road purposes during the year is initially recognised at cost, but transferred to fair value at reporting date, effectively writing off the expenditure.

2. POTENTIAL INSURANCE LOSSES

Council is a multi-purpose organisation providing a large range of building, parks infrastructure, playgrounds and other facilities accessible to the public. At any time, it is likely that claims will have been made against Council that remain unsettled.

Council insures against all known insurable risks using a range of insurance policies, each of which is subject to deductable "insurance excesses", the amount of which varies according to the class of insurance.

Council has recognised the potential losses arising from claims known at reporting date based on average historical net cost (including insurance excess) of similar types of claims. Other potential claims not reported to Council may have existed at reporting date.

3. LEGAL MATTERS

Council is the planning consent authority for its area under the Development Act 1993 (as amended). Pursuant to that Act, certain persons aggrieved by a planning decision of the Council may appeal. It is normal practice that parties bear their own legal costs. At the date of these reports, Council had notice of 1 appeal against planning decisions and 2 appeals against enforcement decisions made prior to reporting date. All known costs have been recognised, but the amount of further costs cannot be known until the appeals are determined.

page 41 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A11T Note 22. Events after the Balance Sheet Date

Events that occur after the reporting date of 30 June 2017, up to and including the date when the financial statements are "authorised for issue" have been taken into account in preparing these statements.

Council has adopted the date of receipt of the Auditors' Report as the appropriate "authorised for issue" date relating to these General Purpose Financial Statements.

Council is aware of the following "non adjusting events" that merit disclosure;

Natural Disaster Recovery Funding for Storms in September 2016 Subsequent to balance date, Council has received a contribution from the State Government of $1.088m to meet the costs of repairs to essential public infrastrcuture and counter disaster operations as a result of a storm event within the Council area in September 2016.

Adelaide Hills Regional Waste Management Authority (AHRWMA) As at 30 June 2017 an equity accounted Council business (AHRWMA) is a defendant in Supreme Court procedures in which it is asserted that the AHRWMA made some misleading representations at the time that it transferred its interests in the Hartley Landfill to a third party. The AHRWMA is defending the claim and legal costs will continue to be incurred. At this time it is not possible to advise whether the AHRWMA will have any additional financial exposure.

page 42 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

X12A13T Note 23. Related Party Transactions

2017

Key Management Personnel

Transactions with Key Management Personel The Key Management Personnel of the Council include the Mayor, Councillors, CEO and certain prescribed officers under section 112 of the Local Government Act 1999 . In all, 20 persons were paid the following total compensation: The compensation paid to Key Management Personnel comprises: Short-Term Employee Benefits 1,454,351 Post-Employment Benefits 104,506 Long-Term Benefits - Termination Benefits - Total 1,558,857 Amounts paid as direct reimbursement of expenses incurred on behalf of Council have not been included above.

Receipts from Key Management Personnel comprise: Other than amounts paid as ratepayers or residents (e.g. rates, swimming pool entry fees, etc.), Council received the following amounts in total: Planning and Building Application Fees 1,367 Total 1,367

A Council Member was on the Board of Management of the Stirling Business Association for the period 1 July 2016 to February 2017. An amount of $85,000 was collected in the 2016/17 financial year by Adelaide Hills Council as a separate rate for businesses in Stirling (Stirling Business Separate Rate) to be applied to carry out the activity of promoting and enhancing business viability, profitability, trader and commerce within the zone. The $85,000 was distributed to the Stirling Business Association to promote Stirling as a destination, the ‘Gateway to the Hills’. Three Council Members are Board Members/Deputy Board Members of four entities, namely the State Library of SA, the Dog and Cat Management Board of SA, Regional Development Australia - Adelaide Hills, Fleurieu and Kangaroo Island and the Local Government Association respectively, but it is not considered that those members control or jointly control those organisations. During the financial year the Adelaide Hills Council: · received grants (materials and operating grants) amounting to $266,687 from the SA Libraries Board · paid an amount of $33,790 in October 2016 representing the 2015/16 Levy Contribution to the Department of Environment, Water and Natural Resources (DEWNR) - Dog & Cat Management Board · paid an amount of $70,000 to Regional Development Australia - Adelaide Hills, Fleurieu and Kangaroo Island representing funding contributions to that entity · paid a membership contribution of $50,284 to the Local Government Association

page 43 Adelaide Hills Council

Notes to and forming part of the Financial Statements for the year ended 30 June 2017

Note 23. Related Party Transactions (continued)

One Council Member was a Board Member of The Hut Community Centre Inc from 1 July 2016 to 28 February 2017 and also received salary and wages from the Centre. During the 2016/17 financial year, Adelaide Hills Council paid the following amounts to The Hut Community Centre: · Funding Agreement $143,344 · Senior Theatre Group funding $5,000 · Volunteer Sponsorship Funding $17,200 · Provision of HHCP Funding $11,500 · Training Services $5,785

Four Council Members are members on the management committees of sport and recreational groups that received oval/operating maintenance contributions from Adelaide Hills Council. Details of those contributions are as follows: · Adelaide Hills Swimming Centre $84,913 · Birdwood Park & Sporting Club $6,600 · The Scott Creek Progress Association $5,100 · Woodside Recreation Grounds Management $11,600 One Council Member is on the management committee of the Piccadilly CFS which received a Community Grant of $2,000 from Adelaide Hills Council during the 2016/17 financial year.

One Council Member was a committee member of a representative body (Piccadilly Oval Committee) to the Piccadilly Community Recreation Centre who received a one off amount of $10,124 from Adelaide Hills Council as a contribution to the Piccadilly Court Lighting Project.

X12A2T Note 24. Equity - Retained Earnings and Revaluation Reserves Adjustments

$ '000 2017 2016

(a). Correction of Error/s relating to a Previous Reporting Period Council made no correction of errors during the current reporting period. In accordance with AASB 108 - Accounting Policies, Changes in Accounting Estimates and Errors, the above Prior Period Errors have been recognised retrospectively. These amounted to the following Equity Adjustments: - Adjustments to Opening Equity - 1/7/15 - (3,723) (relating to adjustments for the 30/6/15 reporting year end and prior periods) Total Prior Period Adjustments - Prior Period Errors - (3,723)

(b). Voluntary Changes in Accounting Policies Council made no voluntary changes in any accounting policies during the year.

(c). Changes in Accounting Standards There were no changes in accounting standards that affected prior year balances during the year.

page 44 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

X13A0T Auditor's Report - Financial Statements

This page has been left blank for insertion of the Audit Report

page 45 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

Auditor's Report - Financial Statements

This page has been left blank for insertion of the Audit Report

page 46 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

X13A1T Auditor's Report - Internal Controls

This page has been left blank for insertion of the Audit Report

page 47 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

Auditor's Report - Internal Controls

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page 48 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

X14A0T Certification of Auditor Independence

To the best of our knowledge and belief, we confirm that, for the purpose of the audit of Adelaide Hills Council for the year ended 30 June 2017, the Council’s Auditor, BDO has maintained its independence in accordance with the requirements of the Local Government Act 1999 and the Local Government (Financial Management) Regulations 2011 made under that Act.

This statement is prepared in accordance with the requirements of Regulation 22(3) Local Government (Financial Management) Regulations 2011.

Andrew Aitken Paula Davies CHIEF EXECUTIVE OFFICER PRESIDING MEMBER, AUDIT COMMITTEE

Date: dd Month 2017

page 49 Adelaide Hills Council

General Purpose Financial Statements for the year ended 30 June 2017

X15A0T Statement by Auditor

I confirm that, for the audit of the financial statements of Adelaide Hills Council for the year ended 30 June 2017, I have maintained my independence in accordance with the requirements of APES 110 – Code of Ethics for Professional Accountants, Section 290, published by the Accounting Professional and Ethical Standards Board, in accordance with the Local Government Act 1999 and the Local Government (Financial Management) Regulations 2011 made under that Act.

This statement is prepared in accordance with the requirements of Regulation 22 (5) Local Government (Financial Management) Regulations 2011 .

Geoff Edwards BDO

Dated this day of 2017.

page 50 ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING Tuesday 24 October 2017 AGENDA BUSINESS ITEM

Item: 12.4

Originating Officer: Lachlan Miller, Executive Manager Governance & Performance

Responsible Director: Terry Crackett, Director Corporate Services

Subject: Elector Representation Review – Submissions Report and Determination

For: Decision

SUMMARY

An Elector Representation Review is held to examine fundamental aspects of a Council’s composition and ward structure. It is a formal process that is closely regulated under the Local Government Act 1999 (the Act) and is required to be conducted at least every eight years or as required by regulation.

At its 11 September 2017 meeting, Council resolved to approve the draft Representation Review Report (an Appendix to that agenda item 14.2) for public consultation for a period not less than three (3) weeks and delegated to the CEO to determine the final consultation dates, indicatively 14 September to 6 October 2017.

The Representation Review Report contained Council’s ’proposal’ on the representation arrangements that it favours and desires to be put in place at the next Local Government election in November 2018, this being an elected Mayor, 12 councillors and two wards.

On 10 October 2017 Council held a Special Meeting to provide the opportunity for persons who had made written submissions, or their representatives, to be heard in relation to the submissions in accordance with Section 12(10) of the Act. Five (5) people were heard in relation to their written submissions.

The purpose of this report is twofold, firstly to provide Council with the Representation Review Report Submissions Report for consideration and secondly for Council to determine the next step in relation to its ‘proposal’.

RECOMMENDATION

Council resolves:

1. That the report be received and noted.

2. That the Representation Review Report Submissions Report at Appendix 1 containing 47 valid submissions is received and noted.

3. (The next steps in relation to the representation composition and structure that it desires to be put in place).

Page 1 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

1. GOVERNANCE

 Strategic Management Plan/Council Policy

Goal Organisational Sustainability Strategy Governance

The representation arrangements for the elected Council are an important element of Council’s commitment to open and transparent decision making which facilitates public accountability.

 Legal Implications

Legislative requirements regarding an Elector Representation Review are laid out in Division 2 Powers of councils and representation reviews, section 12 of the Local Government Act 1999 (the Act) and the Local Government (General) Regulations 1999.

Specifically relevant to this meeting:

 After Council has prepared its Representation Review Report, conducted public consultation and heard from people who lodged submissions, Section 12(11) provides that Council ‘must then finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit)’

 Section 12(12) then requires the report to be referred to the Electoral Commissioner, including any written submissions received in the Representation Review Report consultation.

 Risk Management Implications

Undertaking the Elector Representation Review in accordance with the requirements of legislation and engaging in genuine consultation will assist in mitigating the risk of:

Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.

Inherent Risk Residual Risk Target Risk Extreme (5C) Medium (3D) Medium (3D)

Note that there are many other controls that assist in mitigating this risk.

 Financial and Resource Implications

Funding for the engagement of the consultant and other review costs for the 2017/18 year are covered by the Chief Executive Officer’s provision. Costs associated with the 2016/17 year were specifically budgeted within the Governance & Risk portfolio.

In relation to staffing resources, acknowledging that staff members from various levels across the organisation have been involved in elements of the Review project, the project to date has consumed the estimated equivalent of 0.2FTE at Executive Manager level for the project duration.

Page 2 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

 Customer Service and Community/Cultural Implications

Through the Elector Representation Review process Council will consider whether the Adelaide Hills community may benefit from an alteration to its composition and or ward structure.

 Environmental Implications

There are no direct environmental implications considered as part of the Elector Representation Review.

 Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community

The provision of information to the community and community consultation are key components of an Elector Representation Review. Two distinct public consultation phases are legislated, with a minimum of one six (6) week period which allows interested persons to make written submissions to Council on the Representation Options Paper and, the current matter, a minimum three (3) week consultation period enabling interested persons to make written submissions on the Representation Review Report.

The Representation Options Paper consultation occurred from 30 May to 14 July 2017 inclusive (i.e. >6 weeks) and the Representation Review Report consultation from 12 September to 6 October 2017 inclusive (i.e. >3 weeks).

2. BACKGROUND

Chronology Overview

A fulsome summary of the history of the Council’s current Representation Review process up to May 2017 can be found in Item 14.4 Elector Representation Review – Status and Options Paper in the 23 May 2017 Ordinary Council Meeting agenda (note: this is available on Council’s website).

Since May 2017 Council has considered and resolved as follows in relation to the Elector Representation Review:

9 August 2017 Special Meeting at which Council received the Options Paper Consultation Report and resolved for a Representation Review Report to be drafted with a ‘no wards’ proposal.

22 August 2017 Ordinary Meeting at which Council received the draft no wards Representation Review Report (the ‘no wards report’). Council resolved for a new Representation Review report to be drafted with a ‘4 wards’ proposal (the ‘4 wards report’).

4 September 2017 Special Meeting to consider three Motions on Notice. Council resolved to rescind the 22 August resolution to prepare the ‘4 wards report’. Council also resolved for a new Representation Review report to be drafted with a ‘2 wards’ proposal (the ‘2 wards report’).

Page 3 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

11 September 2017 Special Meeting at which Council resolved to approve the draft ‘2 wards report’ for public consultation and delegated to the CEO to determine the final consultation dates.

10 October 2017 Special Meeting at which Council provided the opportunity for persons who had made written submissions, or their representatives, to be heard in relation to the submissions in accordance with Section 12(10) of the Act. Five (5) people were heard in relation to their written submissions.

Representation Review Report Consultation

The full minute of the resolution (200/17) from the 11 September 2017 Special Meeting to approve the ‘2 wards report’ for public consultation is as follows:

Page 4 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

Public Consultation Campaign

The following public consultation campaign was undertaken in relation to the Representation Review Report:

Duration (mandatory minimum 3 weeks): 12 September – 6 October 2017 inclusive (>3 weeks)

Media:

 Government Gazette Public Notice (12 September 2017)  Courier Herald Public Notice (13 September 2017)  Weekender Herald Public Notice (14 September 2017)  Council website (Representation Review Report & Response Forms, News Items)  Council social media (Facebook, Twitter, Hills Voice, email lists)  Roadside banners  Material (Representation Review Report & Response Forms) at libraries and service centres  Public meetings (Stirling and Gumeracha on 25 & 28 September 2017)  On-line digital engagement (including enabling electronic submissions)  Council Members speaking with their constituents

As a learning from the previous Representation Review Report consultation, and to assist with determining (at the highest level), the degree of support for the Council’s proposal, the on-line and hard copy response forms asked the respondent to indicate whether they supported ‘Council’s proposal for the future composition and structure of the representation arrangements.’

3. ANALYSIS

Representation Review Report Consultation Results

At the conclusion of the consultation (5pm on Friday 6 October), Council had received 48 submissions in the following formats: email, on-line survey, hard copy response form and hard copy freeform submissions. Unfortunately three (3) submissions were received after the consultation close and these have not been further considered in the analysis of the submissions.

Of these 48 submissions, one respondent lodged two submissions and as such, the first submission is taken to be superseded by the second submission.

The Elector Representation Review Second Public Consultation Submissions Report (Appendix 1) contains analysis of the submissions received. This analysis includes:

 the high level indication of support for the proposal  commentary on the issues raised by respondents  the future composition and structure  recommendations

Page 5 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

At the highest level, the analysis of whether respondents supported the Council’s proposal resulted in the following:

Support Council’s ‘proposal’ 11 submissions (23.4% of respondents) Do not support Council’s ‘proposal’ 36 submissions (76.6% of respondents)

For all submissions received, care has been taken to try and de-identify the respondent and refer to them by a Respondent Number.

Submissions have been included in Attachments in the Submissions Report as they were lodged, for this reason spelling and grammatical errors have not been corrected. Some text has been relocated from the proposal question responses to the ‘Further Comments’ section and referenced accordingly for formatting purposes.

Rescission of 28 February 2017 resolution On 28 February 2017, in consideration of Item 14.1 Elector Representation Review – Determination of Proposal, Council determined its final proposal for the purposes of finalising a report to the Electoral Commissioner as follows:

Given that a ‘no ward’ proposal is not a valid option before Council at this point in time, legal advice has been sought regarding the appropriate treatment of the 28 February 2017 resolution (i.e. whether a rescission is required). The advice received is that ‘the Council is not required to do anything in relation its resolution of 28 February 2017, as its subsequent consideration of and resolutions pertaining to, the Representation Review have already operated to the effect that they have revoked, or otherwise amended, the original “no ward” proposal.’

Determination of Proposal

Taking into consideration the requirements of s12 of the Act including, but not limited to, the consultation feedback received, the principles under s26(1)(c) and the matters referred to in s33 (see Appendix 2) , the next step of the representation review process is for Council to determine the status of its proposal. There are two options:

Page 6 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

Option 1: Affirm (endorse) the final position on the future structure and composition and final the Representation Review Report in a timely manner

To do so Council will need to resolve to endorse the future composition and structure. Further Council may determine to identify the key reasons why Council has adopted this position (these may have already been identified in part/whole in the Representation Review Report).

In accordance with s12(11) Council may include in its report any recommendations with respect to such related or ancillary matters as it thinks fit.

Additionally, Council will need to resolve for the Chief Executive Officer (CEO) to develop the final report to the Electoral Commissioner on the representation review process in accordance with the requirements of the Act.

In doing so Council may wish to delegate the power to the CEO to lodge the final report on Council’s behalf or alternatively require it to be brought back to a future special meeting (nominally 8 November 2017) for approval for lodgement.

Option 2: Resolve to adopt an alternate course of action

Should Council determine not to proceed with the current ‘2 wards’ proposal or not do so in a timely manner to meet the timeframe set by the Electoral Commission (i.e. submission of the Final report on or before 13 November 2017), there are no other valid options open to Council (without likely breaching the provisions of s12).

A failure to submit the Final Report on or before 13 November, would likely be a trigger for the Electoral Commissioner to exercise his powers under s12(20) to ‘take such action as, in the circumstances of the particular case, appears appropriate to the Electoral Commissioner and may then, by notice in the Gazette, give effect to a proposal that could have been carried into effect by the council under this section.’

Next Steps

On the reasonable assumption that Council resolves to affirm the ‘2 wards’ proposal and lodge the Final Report, the structure of the report will indicatively be as follows: 1. Introduction 2. Background 3. Proposal 4. Review Process 5. Public Consultations 6. Proposal Rationale (in the form of the Representation Review Report including how it addresses the provisions of ss26 & 33) 7. Conclusion 8. Appendices (containing copies of the public notices, Options Paper and Representation Review Reports, Submissions Reports and Council Agenda Reports and Minutes)

Page 7 Adelaide Hills Council – Ordinary Council Meeting 24 October 2017 Elector Representation Review – Submissions Report and Determination

In considering the lodged Final Representation Review Report, the Electoral Commissioner must determine whether the requirements of Section 12 have been satisfied and then under s12(13):

a) if of the opinion that the requirements have been satisfied—give an appropriate certificate, or

b) if of the opinion that the requirements have not been satisfied—refer the matter back to the council together with a written explanation of the reasons for not giving a certificate under this subsection.

Once a certificate is provided, Council must, under s12(15)(b) by notice (or notices) in the Gazette, provide for the operation of the proposal that it has recommended in its report.

A revised timeline has been prepared for the balance of the Elector Representation Review process and is at Appendix 3.

4. APPENDICES

(1) Elector Representation Review Second Public Consultation Submissions Report – October 2017 (2) Local Government Act 1999 extracts – s26(1)(c) and s33 (3) Elector Representation Review – Indicative Timeframes – v 1.4, 6 October 2017

Page 8

Appendix 1 Elector Representation Review Second Public Consultation Submissions Report – October 2017

Page 1

ELECTOR REPRESENTATION REVIEW

Second Public Consultation

Submissions Report

A Report to the Adelaide Hills Council

October 2017

C L Rowe & Associates Pty Ltd

Disclaimer

The information, opinions and estimates presented herein or otherwise in relation hereto are made by C L Rowe and Associates Pty Ltd in their best judgement, in good faith and as far as possible based on data or sources which are believed to be reliable. With the exception of the party to whom this document is specifically addressed, C L Rowe and Associates Pty Ltd, its directors, employees and agents expressly disclaim any liability and responsibility to any person whether a reader of this document or not in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance whether wholly or partially upon the whole or any part of the contents of this document. All information contained within this document is confidential.

Prepared for the Adelaide Hills Council by C L Rowe and Associates Pty Ltd, October 2017 (Version 1)

Contents

1. Introduction 1

2. Public Consultation 2

2.1 Notification 2 2.2 Community Response 2 2.3 Key Community Issues 3 2.3.1 Council does not take any notice to the opinions of the community 2.3.2 Inequitable levels of representation between wards 2.3.3 The proposed wards will promote a “them and us” attitude 2.3.4 Retain an five ward structure 2.3.5 The proposed wards are too large in area 2.3.6 Inadequate representation 2.3.7 Communities of Interest

3. Review Process 8

4. Future Composition and Structure 9 4.1 Composition 9 4.1.1 Mayor/Chairperson 4.1.2 Councillors 4.1.3 Area Councillors (In addition to ward councillors) 4.2 Structure 11 4.2.1 Wards/No Wards 4.2.2 Ward Identification

5. Recommendations 12

1. Introduction

Section 12(4) of the Local Government Act 1999 (the Act) requires Council to undertake a review of all aspects of its composition and the division (or potential division) of the Council area into wards, at least once in every period prescribed by the Minister for Local Government (generally eight years).

The Adelaide Hills Council undertook an elector representation review during the period June 2016 - April 2017, however, the Electoral Commissioner ultimately determined that the requirements of Section 12 of the Act had not been satisfied, specifically in relation to Council’s interpretation of the parties that were eligible to make submission during the public consultation stages. On the basis of this determination, the Commissioner did not certify Council’s final review report. The Commissioner did not identify any other concerns with the conduct of the review process. Accordingly, to ensure that no interested person has been denied the opportunity to provide a submission, Council agreed to resume the review and initiate further consultation with the community, commencing with the presentation of this updated Representation Options Paper.

The review resumed in May 2017 and has progressed to the point where the second of the prescribed public consultation stages has been completed. This consultation was conducted over a twenty-four day period, as opposed to the minimum period of three weeks prescribed by the Act, and primarily sought comment from the community regarding the “in principle” decisions made by Council on 4 September 2017, these being to:   retain a mayor (elected by the community) as the principal member of Council;  retain the current composition of Council, that being the Mayor and twelve (12) ward councillors;  divide the Council area into two wards (i.e. Ranges Ward and Valleys Ward); and  have the proposed Ranges Ward represented by seven (7) ward councillors and the proposed Valleys Ward represented by five (5) ward councillors.

Council must now give consideration to the submissions which have been received and formally determine what changes, if any, it proposes to bring into effect in respect to its future size, composition and structure.

CL Rowe & Associates Pty Ltd Page 1

2. Public Consultation

2.1 Notification

Public consultation commenced on Tuesday 12 September 2017 with the publishing of a public notice in the Government Gazette, and this was followed by the publishing of notices in the “Mount Barker Courier” newspaper on Wednesday 13 September 2017; and “The Weekender Herald” newspaper on Thursday 14 September 2017.

In addition, the public consultation process included:

 promotion of the review on the Council website (i.e. a copy of the Representation Review Report and notice; a copy of the relevant response form; and associated news items);  the display of roadside banners at various locations throughout the Council area;  the provision of the Representation Review Report and associated documents at the council offices and libraries;  promotion of the review on social media (i.e. Facebook, Twitter, Hills Voice and email lists);  conducting of public meetings at Stirling and Gumeracha on 25 and 28 September 2017 respectively;  on-line digital engagement (enabling electronic submissions); and  Council Members consulting with their constituents

2.2 Community Response

At the expiration of the public consultation period (i.e. close of business on Friday 6 October 2017) Council had received 48 submissions.

In addition, a further 3 submissions were received on Saturday 7 October 2017. Whilst these respondents had made the effort to participate, the submissions were a day late and, as such, they have been deemed to be invalid (unless determined otherwise by Council). For Members' information, all three late submissions came from persons who reside in Kersbrook; and all three favoured the Council proposal.

In addition, one respondent from Lobethal made two submissions and, as such, the first submission is taken to be superseded by the second submission.

Given the aforementioned, the number of valid submissions has been determined to be 47.

A summary of the submissions has been provided in Attachment 1 and copies of the more detailed written submissions have been provided (for Member’s consideration) in Attachment 2.

The receipt of 47 valid submissions is a reasonable but not necessarily a significant response from the community, given that:

 the estimated population of the Council area was 39,525 (as at 30 June 2016);  the number of enrolled electors within the Council area was determined to be 29,425 (as at October 2017); and  previous consultation stages of the review attracted 61 (initial Representation Options Paper - August – October 2016), 430 (initial Representation Review Report - December 2016 – February 2017) and 562 (second Representation Options Paper - May – July 2017) valid submissions.

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Of the 47 valid submissions received, 36 (76.6%) opposed Council’s 2 ward proposal, whilst 11 (23.4%) supported the proposed ward structure.

Of the 11 supportive submissions, 6 seemingly only favoured the proposal because it is considered to be a reasonable “compromise” and is preferred over the “no wards” structure. In addition, 4 of the 11 submissions indicated a level of support for the proposed two ward structure but preference for 5 or more wards.

In terms of responses received from each of the proposed wards, it is noted that 21 submissions were received from the proposed Ranges Ward (3 in favour of the proposal and 18 opposed), whilst 26 submissions were received from the proposed Valleys Ward (8 in favour of the proposal and 18 opposed).

2.3 Key Community Issues

The following issues were raised by respondents.

2.3.1 Council does not appear to have sufficient regard to the opinions/comments of the community.

This particular comment was prevalent amongst the submissions received which opposed Council’s current proposal.

Section 12 of the Local Government Act 1999 enshrines that Council is the decision-maker in respect to its elector representation review.

Throughout the course of the review the Council Members have been provided with a substantial amount of information pertaining to the issues being addressed during the review. This information has been provided in the Information Paper (June 2016); the initial Representation Options Paper (August 2016); the “Submissions Report” (October 2016); the initial Representation Review Report (December 2016); the second Representation Options Paper (May 2017); the “Submission Report” relating to the second Representation Options Paper (August 2017); and the second Representation Review Report (September 2017). In addition, summaries of all submissions received have been provided in documentation presented to Council during the review, and copies of all submissions received have been available to the Council Members.

Given the aforementioned, we are confident that each individual member of Council has been provided with sufficient information to enable informed decisions to be made in respect to each of the issues relevant to the review.

2.3.2 Inequitable levels of representation between wards (favouring the proposed Ranges Ward).

Section 33(2) of the Act which requires that, under a ward structure, the number of electors represented by a councillor within a ward must not vary from the “quota” (i.e. the elector ratio for the whole of the Council area) by more than 10%. This provision of the Act essentially establishes the primary criteria for the development of a ward structure, that being the need to divide the Council area into wards which exhibit either an equitable number of electors between the proposed wards or similar elector ratios within the proposed wards.

Under the aforementioned legislative arrangement, a ward structure will always exhibit more wards and/or a greater level of representation within and around the more populous areas. The proposed 2 ward structure is an example of this.

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The more populated areas are to be contained within the proposed Ranges Ward, which is to be represented by 7 ward councillors, whereas the less populated rural areas of the Council are to be included in the proposed Valleys Ward, which is to be represented by 5 ward councillors. This arrangement has been perceived as favouring the “urban” or outer metropolitan sector of the community contained within the proposed Ranges Ward, through the provision of greater voting power on Council. However, in effect the arrangement provides an equitable level of ward representation (based on elector ratio).

In addition, it is noted that the existing Mt Torrens and Onkaparinga Valley Wards, which primarily incorporate the main portion of the rural sector within the Council area, are collectively represented by five councillors. Under the proposed 2 ward structure, the existing Mount Torrens and Onkaparinga Valley Wards will be combined to form the proposed Valleys Ward, which is to be represented by five councillors. This being the case, neither of the proposed wards will be less represented than under the current ward structure.

Concern has also been expressed that the seven councillors representing the proposed Ranges Ward could vote on issues before Council as a “collusive” block, thereby disadvantaging the residents within the proposed Valleys Ward. This situation could conceivably occur in respect to some matters before Council, but is considered to be unlikely in the main.

Each and every councillor has a moral obligation to act and make decisions in the best interest of the entire community; and is required to act in accordance with the provisions of Sections 6, 7, 8 and 52 of the Local Government Act 1999 which require (in part) Council/individual Council Members to act as a representative, informed and responsible decision-maker in the interests of the community; to represent the interests of its community to the wider community; to uphold and promote the provision of open, responsive and accountable government, and be responsive to the needs, interests and aspirations of all individuals and groups within the Council area.

Further, whilst the concerns expressed may be real to the minds of the respondents, their assertions unfairly challenge the ethics, accountability and/or principles of current (and possibly future) Council Members, essentially because of a difference of opinion over the matter of the future level of ward representation.

It is understood that the vast majority of resolutions made by Council in recent terms have been carried unanimously, which does not support any suggestion of systematic past practices of “block voting’’ or ward centric attitudes.

2.3.3 The proposed ward structure will promote a “them and us” attitude.

The proposed ward structure seeks to create 2 wards which generally reflect the urban or outer metropolitan orientation of the western parts of the Council area, and the rural character of the north and eastern parts of the Council area. As such, there is the possibility that the communities therein will have a perception of division and may develop parochial ward attitudes. However, on the other hand, the proposed new ward structure is different to any past structure and, as such, may serve to breakdown any existing allegiances to old councils and/or the existing wards. Regardless, the task of preventing or overcoming a “them and us” attitude will fall on the shoulders of the Council Members who will be required to maintain effective and efficient lines of communication, representation and service throughout the Council area, and in particular across the ward division.

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2.3.4 Retain a 5 ward structure.

Throughout the course of the review there has been strong support expressed for a 5 ward structure.

During the initial first round of consultation (i.e. initial Representation Options Paper - August – October 2016), being the consultation stage which specifically sought interested persons to nominate their preferred elector representation arrangement), 43 (76.8%) of the 56 relevant submissions favoured a 5 ward option, whilst only one submission (1.8%) supported a 2 ward structure. More recently, during the repeat of the first round of consultation (i.e. second Representation Options Paper - May 2017 - July 2017), 435 (77.4%) of 562 submissions favoured a 5 ward structure, whereas only 2 submissions (0.36%) favoured a 2 ward structure.

Based on our interpretation of the submissions received during the latest public consultation (September – October 2017), a total of 21 (44.7%) of the respondents indicated a preference for the retention of a 5 ward structure. Four of these respondents supported Council’s proposal for 2 wards, but only as a “compromise” to the previous “no wards” option. It was also noted that there was some level of support for a 4 ward structure (3 councillors per ward).

Given that the Adelaide Hills Council has a resident population of nearly 40,000 people, including over 28,600 eligible electors, the submissions received at the various stages of the extended review process have only truly represented a very small portion of the community at that specific time. Nevertheless, the level of response has generally been good (based on what occurs with the councils across the state); and the respondents have taken the time and made the effort to express their opinions, as requested by Council.

What weight is placed upon the submissions received by Council is determined by each individual Council Member during their deliberations.

To date Council has formally considered a range of ward structure options (based on 2 – 5 wards and 9 – 12 councillors), as well as the option of abolishing wards; and has resolved to firstly present the “no wards” structure to the community for consideration and comment; and subsequently to present the current 2 ward proposal. These decisions of Council were made by the Council Members who had been well informed about the key issues; the various ward structure options (including the five ward structure); and the opinions of the community.

At this stage of the review process, Council’s options (in terms of its future structure) are effectively limited to the proposed two ward structure and/or another structure which has yet to be identified by Council. The previously supported “no wards” structure is not an option at this time as the public consultation process relating to the proposal was deemed to be at odds with the process specified under Section 12 of the Local Government Act 1999. Council could give further consideration to the “no wards” structure or any other ward structure, however, such a course of action would have to include further public consultation. Essentially the deadline imposed by the Electoral Commissioner (i.e. the 13th November 2017) prohibits this.

2.3.5 Proposed wards are too large in area.

It is acknowledged that both of the proposed wards are considerably larger in area than the existing five wards, and generally most of the metropolitan councils. As such, the sizes of the proposed wards may appear to be excessive to members of the community who are accustomed to smaller wards (and the perception of more direct or accessible representation provided thereby).

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In reality, the proposed wards are neither excessive in size nor under-represented when compared to arrangements of many other regional Councils throughout the state. For example, the neighbouring Mid Murray Council comprises only nine councillors; covers approximately 7,957km² in area; and incorporates a ward (i.e. Murray Ward) which is approximately 1,700km² in area which is represented by only two councillors. Further, the Eyre Ward (which is several times larger than the Murray Ward) is represented by only four councillors.

There are many other Councils throughout the state which either exhibit larger wards (in area) than being those being proposed under Council’s current two ward proposal, or cover larger areas (overall) but do not have wards.

Representation of the communities and electors residing within the proposed wards may be more challenging and demanding, however, the task will be known to aspiring members and they will have to adjust and adapt in order to meet the demands of their constituents. Many regional Councils have similar circumstances and are able provide fair and adequate representation.

In addition, the task of representing each of the proposed wards will be shared by a good number of ward councillors (depending on the proposed ward); and on-going advances in telecommunications and information technology should serve to enhance communication between the Council Members, their constituents, their fellow Council Members and Council staff. Further, the long-established local road network should also provide safe and efficient access to most parts of the Council area, although time required may become a factor on occasions.

2.3.6 Inadequate representation.

It has been suggested that a reduction in the number of wards may serve to diminish the level and standard of representation likely to be afforded to members of the smaller communities within the wards, given that the majority of future ward councillors may be drawn from only several specific locations or towns and not necessarily from a wider spread of locations across the ward.

This issue is difficult to address, given that Council Members and ward candidates change on a regular basis; and candidates do not have to reside within the ward that they represent.

Overall, there is no evidence to suggest that a structure containing five and/or seven councillors per ward, as proposed, will not be able to provide fair and adequate representation to all communities within the ward. On the other hand, there can be no guarantee in respect to the calibre, dedication or residential location of any future ward councillors, either under the existing or proposed structure.

To a large extent the community must rely on the individual members of Council, both present and future, to act in accordance with the aforementioned principles and roles specified under the Local Government Act (and in the best interest of the local community as a whole).

2.3.7 Communities of Interest

It has been suggested that the issue of “communities of interest’ should be addressed in more detail, including the identification of the various “communities of interest” which may be affected by the proposal; and the provision of information indicating how the “communities of interest” will benefit under the proposed ward structure.

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“Communities of interest” have previously been defined as "aspects of the physical, economic and social systems which are central to the interactions of communities in their living environment”, and are generally identified by considering factors relevant thereto, including neighbourhood communities; history and heritage communities; sporting facilities; community support services; recreation and leisure communities; retail and shopping centres; work communities; primary production communities; industrial and economic development clusters; and environmental and geographic interests.

Whilst further “communities of interest” could undoubtedly be identified (i.e. pet owners and/or retirees, as suggested) and analysed, the benefit of doing so is considered to be questionable; and will have little relevance to (and/or bearing upon) the focus or outcome of the review.

Council is reminded that the primary objectives of the review are to determine whether its community will benefit from an alteration to Council’s composition or ward structure; and to ensure the provision of fair and adequate elector representation based on the democratic principle of “one person, one vote, one value”.

To suggest that all or most existing “communities of interest” within the proposed wards could benefit (to some degree) under the proposed ward structure would be speculation, as there is no accurate way of pre-determining the impacts of the proposed ward structure. Notwithstanding this, it is considered reasonable to suggest that no existing community should be adversely affected (in terms of “elector representation”), given that the proposed wards are simply the result of combining existing wards and maintaining (collectively) the existing levels of representations therein.

Given the above, the need to “bore down” into the intricacies of the various “communities of interest” is not considered to be necessary, and is certainly secondary to the primary requirement of ensuring an equitable distribution of electors between the proposed wards, whether this simply be based on the number of electors within the proposed wards or compliance with the “quota tolerance limits” (which is based on elector ratio).

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3. Review Process

It is understood that Council held a Special Meeting on the 10th October 2017 so as to provide the opportunity for persons who had made written submissions, or their representatives, to be heard in relation to the submissions in accordance with Section 12(10) of the Act. It is also understood that 5 people addressed Council.

Council must now give due consideration to all of the submissions received in response to the latest public consultation and either:

 finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit)”, pursuant to the provisions of Section 12(11) of the Local Government Act; or alternatively; or  amend its proposal and possibly initiate another public consultation.

The first course of action referred to above simply requires Council to formally re-affirm its support for the 2 ward proposal presented in the latest “Representation Review Report” (September 2017) and to prepare another detailed final report to the Electoral Commissioner outlining its proposal, the rationale behind its decisions, and the review process undertaken. The Electoral Commissioner will then be required to determine whether the requirements of the Act have been satisfied and whether certification is warranted (refer Sections 12 (12) and 12(13) of the Act).

Upon receipt of the formal certification from Electoral Commission SA, Council will be required to publish an appropriate notice in the Government Gazette (on a date specified by the Electoral Commissioner but before 1 January 2018) which will effectively provide for the implementation of the proposed (certified) future composition and structure of Council at the November 2018 Local Government elections.

Should Council opt to change its current or past proposals to an arrangement which has not yet been presented to the community, another amended Representation Review Report will have to be prepared and another public consultation (over a minimum period of three weeks) will have to be initiated at the earliest opportunity. Given that the Electoral Commission has previously advised Council that a final report must be submitted on or before the 13th November 2017, there may be insufficient time available to conduct another round of consultation; hear submissions; determine the fate of the proposal; and prepare and submit a final report to the Electoral Commissioner.

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4. Future Composition and Structure

Council is now at the stage in the review process where it must either confirm (by formal resolution) its proposed future composition, as presented in the latest Representation Review Reports (i.e. retain an elected mayor and twelve ward councillors; and divide the Council area into 2 wards) or identify another ward structure option. However, as indicated earlier, such a course of action will require the conduct of another public consultation for a minimum period of three (3) weeks). Without another extension of time from the Electoral Commissioner, there is simply insufficient time to conduct another consultation period and give due consideration to any submissions received.

In reaching the final decisions, the Council Members must be mindful that the purpose of the review is to determine whether the electors/community will benefit from an alteration to the current composition and/or structure of Council.

In order to finalise its review and initiate the preparation of a comprehensive report to the Electoral Commissioner, Council must now make final decisions in regards to the following.

 Whether the principal member of Council should continue to be a mayor elected by the community or be a chairperson chosen by the Council Members.

 Whether the Council area should be divided into wards, or alternatively whether the wards should be abolished.

 If the Council area is to be divided into wards, which ward structure is to be established; whether there is a need for area councillors (and the required number thereof) in addition to ward councillors; the level of representation in each of the proposed wards; and the name of each of the proposed wards.

 The number of councillors (ward, area and/or both) that are required to provide fair and adequate representation of the electors within the Council area.

Information and advice pertaining to the aforementioned matters has previously been presented to Council in the Information Paper (June 2016); the initial Representation Options Paper (August 2016); the “Submissions Report” (October 2016); the initial Representation Review Report (December 2016); the second Representation Options Paper (May 2017); the “Submission Report” relating to the second Representation Options Paper (August 2017); and the second Representation Review Report (September 2017).

The following brief information is provided to assist the Council Members with their final deliberations in respect to the key issues. Members are advised to refer to the aforementioned previous documents for more detailed information.

4.1 Composition

4.1.1 Mayor/Chairperson

The Adelaide Hills Council has always had a mayor (elected by the community) as its principal member; and there was little comment regarding this arrangement in the recent submissions. Notwithstanding this, it is noted that the responses received from the community over the course of the review clearly supported the retention of an elected mayor.

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4.1.2 Councillors

Council has long comprised twelve councillors and, the latest submissions provided little comment regarding this matter, members are reminded that the retention of twelve councillors has long been the position of Council and this proposition has been solidly supported by the community throughout the review process.

Members are reminded that Sections 26 and 33 of the Local Government Act 1999 specify: “the need to ensure adequate and fair representation while at the same time avoiding over-representation in comparison to other councils of a similar size and type (at least in the longer term)”.

In respect to the issue of over-representation, Council has previously been advised that its elector representation arrangements (i.e. the number of councillors and the elector ratio) are generally consistent with those of the councils which are considered to be of a similar size (elector numbers) and/or type to the Adelaide Hills Council. The updated data presented in Table 1 seemingly suggests that this is still the case.

Table 1: Elector data, representation and areas (Councils with similar elector numbers)

Council Councillors Electors Ratio

Barossa Council (912km²) * 11 17,416 1:1,583 Norwood Payneham St Peters (15.1 km²) 13 25,237 1:1,941 Holdfast Bay (13.7 km²) 12 27,731 1:2,311 Unley (14.3 km²) 12 27,561 1:2,297 Mt Barker (595km²) 10 23,943 1:2,394 Adelaide Hills (795.1km²) 12 29,425 1:2,452 Burnside (27.5 km²) 12 31,908 1:2,659 Campbelltown (24.35 km²) 10 35,008 1:3,501

Source: Electoral Commission SA (October 2017) * Denotes no wards

Throughout the review Council has consistently supported the retention of twelve councillors, primarily because it is considered important to maintain the quality and level of representation that has long been experienced and expected by the local community; and a reduction may result in increased workloads for the councillors which in turn, could impact upon the quality of representation provided.

Regardless, in reaching its final decision relating to the future composition of Council, the Council Members must be mindful of the need to ensure that:

 sufficient elected members are available to manage the roles and responsibilities of Council;  the Council Member’s workloads should not become excessive;  there is an appropriate level of elector representation;  the potential for diversity in the skill sets, experience, expertise and backgrounds of the Council Members is maintained; and  adequate lines of communication will exist between a growing community and Council.

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4.1.3 Area Councillors (in addition to Ward Councillors)

For the reasons espoused during the review process, area councillors (in addition to ward councillors) are considered to be an unwarranted, unnecessary, outdated and potentially costly additional tier of representation.

4.2 Structure

4.2.1 Wards/No Wards

Based on a review of the 47 valid submissions, it has been determined (our interpretation of the comments provided) that only a small number (perhaps 3) favoured the abolition of wards over a ward structure.

In addition, at least 21 of the submissions received specifically favoured the retention of 5 wards. This number included 4 submissions which actually supported the proposed 2 ward structure, but only as a “compromise”. It was also noted that 3 submissions favoured the introduction of a 4 ward structure.

The retention/abolition of wards has been a contentious issue throughout the review process and has been the subject of considerable debate (to date). Further, the arguments for and against have been detailed in a number of previous documents which have been presented to both Council and the community; and public support has continuously weighed heavily in favour of the retention of wards (with the 5 ward structure being the most favoured option).

To date Council has formally presented two proposals to the community (in accordance with the provisions of Sections 12 (8) and (9) of the Local Government Act), these being the “no wards” option and a 2 wards option. The public consultation process undertaken by Council in regards to the initial “no wards” structure was deemed by the Electoral Commissioner to have not satisfied the requirements of section 12 of the Act. This situation is being rectified by the extended review process which is currently being undertaken by Council. Accordingly, Council essentially now has only 2 options, these being to formally reaffirm its support for the 2 ward structure or pursue another new alternative, whether it is another ward structure or the “no wards” option again. As previously indicated, the pursuit of alternative structures at this time appears to be futile given the 13 November 2017 deadline imposed by the Electoral Commissioner.

4.2.2 Ward Identification

Council has already identified its preferred “names” for the wards under the latest 2 ward proposal, and obviously the alternative “no wards” option does not require any action in this regard.

It is also noted that the issue of the identification of the proposed wards received little (if any) constructive comment in the submissions received during the latest round of consultation.

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5. Recommendations

It is recommended that the Adelaide Hills Council resolve as follows.

1. To note the 47 valid submissions received from the community during the latest consultation stage of the review process.

2. In respect to the issues of the future composition and structure of the Adelaide Hills Council, Council re-affirm its support for the following.

a) The principal member of Council be a Mayor elected by the community. b) The future elected body of Council comprise the Mayor and twelve councillors. c) The Council area be divided into 2 wards (as per the structure presented in the Representation Review Report dated September 2017). d) The proposed wards be identified as Ranges Ward and Valleys Ward, with the Ranges Ward being represented by seven councillors and the Valleys Ward being represented by five councillors.

3. Council administration be authorised to prepare and forward the necessary report and documents to the Electoral Commissioner, pursuant to the provisions of Sections 12(11) and 12(12) of the Local Government Act 1999.

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Attachment 1 Summary of Submissions

Colour schedule: Pink – Received after closing date – not accepted Yellow – Duplicates – only the latter submission accepted

Attachment 2 Detailed submissions

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Appendix 2 Local Government Act 1999 extracts – s26(1)(c) and s33

Page 1 Local Government Act 1999 Extracts

Appendix 3 Elector Representation Review – Indicative Timeframes – v 1.4, 6 October 2017

he barossa council

Elector Representation Review Schedule September 2017 – December 2017 V1.4 (6/10/17) – Please note that this is an indicative timetable only and is subject to updates as the project progresses.

Dates Key Actions Report to Council regarding Electoral Commissioner determining not to give a certificate pursuant to section 12(13) of the Act. Consider the draft Representation Options Paper for public consultation. Completed Key decisions:  adopt the draft ERR schedule  approve Representation Options Paper for consultation (with or without changes) Publish public notices and undertake public consultation for Representation Options Paper for a minimum period of 6 weeks (proposed Completed consultation is 6 weeks and 1 day). Receive submissions from interested persons Collate submissions and prepare the Representation Options Paper Submissions Report Completed

Consider the Representation Options Paper Submissions Report and determine Representation Proposal (principal member, number of councillors and ward structure). Completed Key decision: determine Representation Proposal

Prepare Representation Review Report pursuant to section 12(8a). To include public consultation information and responses to submissions, Completed the Representation Proposal and how it relates to the principles of section 26 and the matters referred to in section 33.

Consider the draft Representation Review Report for public consultation. Completed Key decision: approve Representation Review Report for consultation (with or without changes)

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he barossa council

Dates Key Actions Publish public notices and undertake public consultation for Representation Review Report for a minimum period of 3 weeks. Receive Completed submissions from interested persons

Completed Hear submissions from any person who made a written submission

Collate submissions and prepare the Representation Review Report Submissions Report Completed

Consider Representation Review Report Submissions Report and determine Final Proposal. 24 Oct Key decision: determine Final Proposal and delegate preparation and lodgement of the Final Representation Review Report to Electoral Ordinary Council Commissioner

Prepare Final Representation Review Report to the Electoral Commissioner. 25 Oct – 3 Nov

If responsibility for the lodgement of the Final Representation Review Report was not delegated to the CEO previously, Council approve the 6 Nov Final Report for lodgement. Special Council

On or before 13 Lodge Final Representation Review Report to the Electoral Commissioner (must be lodged before 13 Nov) Nov On or before Gazette Commissioner’s certification 12 Dec

Page 2 ADELAIDE HILLS COUNCIL COUNCIL MEETING Tuesday 24 October 2017 AGENDA BUSINESS ITEM

Item: 12.5

Originating Officer: Natalie Westover, Manager Property Services

Responsible Director: Terry Crackett, Director Corporate Services

Subject: Road Closure and Disposal – Schapel Road Lobethal

For: Decision

SUMMARY

Schapel Road comprises a partially formed gravel road in Lobethal as identified by the area bordered in red on Appendix 1 (Road Land).

Boral Resources (SA) Ltd (“Boral”), the owner of the land on both sides of the Road Land approached Council in 2013 (letter attached as Appendix 2), requesting to purchase the Road Land. Public Consultation has subsequently been undertaken in accordance with the Roads (Opening & Closing) Act 1991 with 2 objections and 1 request for easement received. One objection has since been withdrawn.

This matter was considered by Council at its meeting of 28 February 2017 and was deferred to allow time to obtain additional information regarding the intended use of the Road Land by Boral and what measures could be put in place to protect the native vegetation that exists at the northern end of the Road Land.

RECOMMENDATION

Council resolves:

1. That the report be received and noted 2. To make a Road Process Order pursuant to the Roads (Opening & Closing) Act 1991to: a. close and merge the land identified as “A” in Preliminary Plan No 16/0020 (Appendix 3) with Allotment 28 in Filed Plan No 155743 comprised in Certificate of Title Volume 5502 Folio 372 b. create an easement for transmission of electricity in favour of Distribution Lessor Corporation c. create a free and unrestricted right of way in favour of Allotment 13 being the land in CT Volume 5502 Folio 373 d. accept consideration in the amount of $40,000 (excl. GST) as detailed in Appendix 3 of this report.

Page 1 Adelaide Hills Council – Ordinary Council Meeting Tuesday 24 October 2017 Road Closure – Schapel Road Lobethal Item 12.5

3. The issuing of the Road Process Order is subject to: a. Boral Resources (SA) Ltd agreeing to enter into a Land Management Agreement with Council for the preservation of the native vegetation for the protection of native flora and fauna on the areas identified in the report attached as Appendix 7 which is to be lodged with the Land Titles Office in conjunction with the Road Process Order. b. Boral Resources (SA) Ltd paying all fees and charges associated with the road closure process. 4. The closed road be excluded as Community Land pursuant to the Local Government Act 1999. 5. To authorise the Chief Executive Officer (or delegate) to finalise and sign all necessary documentation to close and sell the above portion of closed road pursuant to this resolution.

1. GOVERNANCE

 Strategic Management Plan/Council Policy

Strategic Plan: Organisational Sustainability

Strategies: Financial Sustainability Risk and Responsibility

 Legal Implications

The Roads (Opening & Closing) Act 1991 sets out the process for a road closure and the issuance of a Road Process Order

 Risk Management Implications

The closure of a road that is deemed to be surplus to Council’s current and future needs as a public road reduces the risks to Council associated with safety and liability, vegetation control works and costs.

Inherent Risk Residual Risk Target Risk Medium (3C) Medium (2C) Medium (2C)

It should also be noted that there is slippage of stockpiled material from the adjoining Boral mine site onto the Road Land which has created a hazard when traversing the road due to the narrowing of the available road to drive on. The condition of the Road Land has deteriorated in the latter part of 2016 due to erosion caused by water run-off and the section adjacent to the slippage of stockpiled material is now unsafe for a 2wd vehicle in wet weather.

Page 2 Adelaide Hills Council – Ordinary Council Meeting Tuesday 24 October 2017 Road Closure – Schapel Road Lobethal Item 12.5

 Financial and Resource Implications

All external costs including survey, valuation, conveyancing, advertising and government charges have been or will be paid by Boral.

The Council has met its own administrative cost of the proposed road closure including the initial investigation, liaison with proposed purchaser, liaison with surveyor and conveyancer and internal processes to undertake the road closure.

If the recommendation is endorsed, Boral will pay the amount of $40,000 (plus GST) for the purchase of the Road Land. This amount has been based on independent valuations received.

 Customer Service and Community/Cultural Implications

Not Applicable

 Environmental Implications

Further assessment of the Road Land was undertaken by a Council Natural Resource Officer which included a Bushland Rapid Assessment Technique (BushRAT) assessment, a summary of which is attached as Appendix 7.

Boral have agreed to enter into a Land Management Agreement with Council for the preservation of the native vegetation on the areas identified on the map contained in Appendix 7 for the protection of the native flora and fauna in those areas.

The proposed Land Management Agreement will prevent the clearance of any native vegetation in those identified areas and also restrict any activities in those areas of the Road Land which would adversely impact the native flora and fauna in that area.

A prior objection lodged by Mr Ross Green and Mr Robert Green raised concerns regarding the impact that the mining operation has on the water table in that area and further impact that may be caused by an expansion of the mining operation including the Road Land. Hydrogeological assessments undertaken by Boral and provided to Council (Appendix 8) indicate that the mining operation does not directly affect the ground water levels in that area. The Department of Environment, Water and Natural Resources (DEWNR) are aware of the concerns raised by Messrs Green and are undertaking their own assessment of these concerns however these have not been finalised due to the need to monitor ground water levels over an extended period taking into account rainfall.

As Messrs Green objection is not in relation to the impact to them that the proposed road closure would have on the passage of traffic or access, it is not considered a relevant objection in relation to the proposed road closure.

 Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community

Community consultation was undertaken in accordance with the public notice requirements set out in the Roads (Opening & Closing) Act 1991.

Page 3 Adelaide Hills Council – Ordinary Council Meeting Tuesday 24 October 2017 Road Closure – Schapel Road Lobethal Item 12.5

2. BACKGROUND

Shapel Road is a partially formed road reserve that runs between Staffords Road and Miller Road at Lobethal as identified in Appendices 1 and 5, and supporting photos provided in Appendix 4.

Boral owns the land identified in blue on the plan attached as Appendix 5 being Allotment 20 and operates an extractive mineral operation from this land.

Boral also owns the land identified in green on the plan attached as Appendix 5 being Allotments 13 and 28. An extractive mineral mining licence has not been applied for in relation to this parcel of land.

Boral approached Council in 2013 with a request to consider closing Schapel Road and selling it to them to better facilitate their mining operation and a resolution was passed at the Council meeting of 24 June 2014 to commence a road closure process.

The Road Land was assessed by Council staff to ascertain its suitability for closure and sale and this assessment indicated that it was suitable.

At the Council meeting of 28 February 2017, a deputation was made by EMM Consulting (on behalf of Boral) in relation to the concerns raised by the objector regarding the impact of mining operations and ground water levels in the immediate vicinity. The objector also spoke in the public forum to provide some additional information about their concerns.

Council requested that this item be deferred to allow more information to be provided about Boral’s proposed use of the Road Land, options for protection of the native vegetation at the north western end of the Road Land and a Hydrogeological assessment to be undertaken.

3. ANALYSIS

The road closure process was commenced and undertaken in accordance with the requirements of the Roads (Opening & Closing) Act 1991.

The road closure proposes to close the Road Land and merge with the adjoining Allotment 20 whilst retaining a free and unrestricted right of way over the Road Land in favour of Allotment 13 to ensure that allotment is not landlocked.

Two objections were received to the proposed road closure, one being from Mr Ross Green and Mr Robert Green and the other being from Walking SA (Appendix 6). Walking SA has subsequently withdrawn their objection.

SA Power Networks lodged a request for an easement over the Road Land for the transmission of electricity. Boral has advised that they have no objection to the granting of the requested easement.

The objection lodged by Mr Ross Green and Mr Robert Green raised their concerns regarding the impact that the current mining operation has on the water table in that particular area and, with the closure of Schapel Road, the impact that an expansion of the

Page 4 Adelaide Hills Council – Ordinary Council Meeting Tuesday 24 October 2017 Road Closure – Schapel Road Lobethal Item 12.5

mining operation would have on the availability of water in their bores for their horticultural operation.

Enquiries made with the Department of State Development – Mining Regulation have confirmed that they are aware of the concerns of Messrs Green and that the Department of Environment, Water and Natural Resources are undertaking investigations and assessments of the mining operation at this site to determine if there is a connection between the dropping water levels and the mining operation. They have explained the difficulties of undertaking these assessments without extended periods of dry weather.

Enquiries with the Department of State Development – Mining Regulation have also confirmed that Boral does not have, and have not as yet applied for, an extractive mineral licence to extend their mining operation over the land adjacent to the existing mine on the other side of Schapel Road and any application for an extractive mineral licence over that area would be subject to consultation with the Council, community and adjoining land owners.

Generally, the consideration of objections in relation to a proposed road closure is limited to the impact that the road closure would have on the objector due to the restriction of vehicle and pedestrian access. At a meeting held between Council staff and Mr Robert Green, Mr Green agreed that his objection did not relate to concerns regarding the restriction of access or passage of vehicles. Mr Green was advised at that meeting to continue to follow up with the relevant State Government authorities that are undertaking the investigations into his concerns.

Following the meeting of Council on 28 February 2017, Boral were asked to provide additional information which is attached as Appendix 8.

Subsequent to the receipt of that information, Council have negotiated with Boral in relation to the protection of native vegetation in the north western section of the Road Land and Boral have agreed to enter into a Land Management Agreement for the preservation of the native vegetation in the areas identified in Appendix 7.

Boral have advised that they intend to retain the Road Land as a buffer zone for quarrying activities. Boral have advised “Any future proposal would be appropriately managed in accordance with the legislative requirements of the Mining Act 1971 and prepared in consultation with DSD, relevant stakeholders (including AHC) and the community”.

Two valuations were obtained in relation to the land. The valuation obtained by Council in 2014 attributed a value of $50,000 to the Road Land. A separate valuation was obtained by Boral in 2015 which attributed a value of $29,000 to the Road Land. Boral has offered an amount of $40,000 (excl. GST) for the Road Land.

The valuations were obtained during the negotiation process with Boral in relation to the fair market value of the land, and whilst now being approximately 2 years old, it is not anticipated that the value of the Road Land will have altered significantly during that time.

Page 5 Adelaide Hills Council – Ordinary Council Meeting Tuesday 24 October 2017 Road Closure – Schapel Road Lobethal Item 12.5

4. OPTIONS

The Council has the following options:

I. Resolve to close and dispose of the road and issue a Road Process Order (Recommended) II. Resolve to not endorse the road closure (Not Recommended)

5. APPENDICES

(1) Map identifying the Road Land (2) Letter from Boral dated 11 October 2013 (3) Preliminary Plan identifying the Road Land and merging parcels (4) Photos of the Road Land (5) Aerial Photo identifying Boral owned land (6) Copies of Objections (7) Summary of BushRAT assessment (8) Additional information provided by Boral

Page 6

Appendix 1 Identification of Road Land (bordered in red)

Date created: Land Services Group February 13, 2017 The P roperty Location Browser is available on the Land Services Group Website: www.sa.gov.au/landservices

Government of South Australia

Land Services Group Disclaimer: The information provided above, is not represented to be accurate, current or complete at the time of printing this report. The Government of South Australia accepts no liability for the use of this data, or any reliance placed on it.

Appendix 2 Letter from Boral dated 11 October 2013

Construction BORAL SCANNED Materials 15 OCT 2013

BORAL RESOURCES (SA) UMITED ACN 007 516 494 ABN 72 007 516 494 ADELAIDE HILLS COUNCIL BITUMAX PTY LIMITED REC="f",,D ACN 007 591 835 ABN 72 007 591 835 153 Port Road Hindmarsh SA 5007 15 OCT 2013 PO Box 212 Hindmarsh 5007 Telephone (08)84250400 Facsimile (08) 83403010 www.boral.com.au

th 11 October, 2013

Attn: Planning and Development, Deryn Atkinson Adelaide Hills Council PO Box 44 WOODSIDE SA 5244

BY POST

Dear Deryn

Re: Enquiry to Purchase and Close Schabel Road, Lobethal — Adjacent Boral Quarry

As you may be aware Boral operate a Quarry at Lot 20 Miller Road Lobethal. Please see attached maps showing Boral's land holdings for both the quarry and the surrounding buffer lands.

We are currently in the process of submitting a new application to the Department for Manufacturing. Innovation. Trade, Resources and Energy as part of our overall planning for the quarry for both the near and longer term future. As part of the application process Council will be notified and consulted although we will also continue to keep you informed ahead of time to ensure that Council is aware of where we are up to in that process.

As per our recent discussions. we are seeking Council's advice as to whether Boral is able to purchase the dirt road that runs through our land holdings known as Schapel Road. Our intent is to purchase and then close the road so that we can utlilise the area and our adjoining land for future expansion and stockpiling. Given that the road is rarely used by the public, for safety reasons we would prefer to close the road to ensure that quarry vehicles are not impacted by road users and vice versa.

We would be pleased if Council were able to table our request at the next Council meeting. In the event that the response is favourable then we would also be pleased if Council could attend to a valuation of the road at our cost if required.

Please do not hesitate to contact me should you have any queries.

Ypurs faithfully

Caroline Schar

Caroline Schar I Property Asset & Planning Manager I BOral Property Group (SA) 153 Port Road, Hindmarsh SA 5007 P +61 8 8425 0461 I F +61 8 8340 4240 [email protected] ,au I www.horal.com.au ,9CT ',,C6 00 ,VS .PC• IDENTIFICATION CERTIFICATE ALLOTMENT 13 IN FP 155828, F155823 PART ALLOTMENT 20 IN DP 47102 & ALLOTMENT 28 IN FP 155743

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r•■•■•■:!, LEGEND Alexander & Symondi Pty Ltd O 25 50 75 100 125 I. I 11 King Wiliam Street Kent Town, DENOTES MASONS , NAIL ENLARGEMENT 3 South Australia 5067 MP DENOTES METAL PIN SCALE 1 2500 METRES ENLARGEMENT I ENLARGEMENT 2 P0000 1(5)0 Kent Town, 58 5071 OFF DENOTES SPIKE AT ORIGINAL SHEET SIZE S? NOT TO SCALE NOT TO SCALE DX 209 ASK 93007 751 988 CS PM DENOTES PERMANENT MARK DENOTES PE&FLACED ON BEND OR CORNER' NOT TO SCALE Ft) DENOTES FOvN0 DENOTES LINE PEG PLACED (08(81301666 CT DENOTES CERTIFICATE OF TITLE MARK WILLIAMS F 108) 8162 0099 F DENOTES FENCE DENOTES 4/ETAL PIN/SPIKE PLACED WITH L IIFSE W www.alexandeI.corn.au GI DENOTES GALVANISED IRON ucemeo SURVEYOR adelaide0alexandet.corn.au Alexander Symonds REFERENCE A09801141000 BOUNDARY DEFINMON IN ACCORDANCE WITH SEE CT 6445 ,703 FOR EASEMENT DIMENSIONS AND DETAILS; + Property Land Development + Surveying DWG No A0900111DENTAA) COnftruchon • Mtnirig SURVEY MARKS FOUND IN DP 47102, DP 63003 Consultants FIELD BOOK LMB AERIAL PHOTOGRAPH BY PHOTOMAPPING ( 26 ( 04 2012 ) + Spatial Information Management + 8 PAGE 131, 168 SEM 2410012013

Appendix 3 Preliminary Plan identifying the Road Land and merging parcels

Appendix 4 Photos of the Road Land

Appendix 5 Aerial photo identifying Boral owned Land

Date created: Land Services Group February 13, 2017 The P roperty Location Browser is available on the Land Services Group Website: www.sa.gov.au/landservices

Government of South Australia

Appendix 6 Copies of Objections

ADELAIDE: HILLS COUNCIL RECEIVED SCANNED 02 SEP 2016 U 2 SEP 2016 01/09/2016

Re Letter received from Alexander Symonds dated 04/08/2016 With no reference number but accompanied by Preliminary Plan l 6/0020 to close Schapel Road between Stafford Road and Miller Road.

Dear Sir/Madarn,

I would like to object to the road being closed mid sold.

My reasons relate not to the loss of access or use of the road but the certain expansion and the impact of that expansion on those adjacent to the operation.

Oakleigh Orchards has since 1893 owed and operated an apple orchard on the western side of Stafford Road directly opposite tbe Boral Lobethal Quarry site. Over this time and four generations the business has seen much change and has implemented many innovative solutions to the challenges it has faced. Th7s innovation regarding productivity and water use efficiency was recognized in

2014 when one of the orchard pmtners was natned ABC Rural "Australian Farmer of l the Year?.

The standing water level in our bore located 600m west of the quarry, firom the mid seventies to 2003-04 when measured at the end of winter was 9-12 m below the surface. From 2003-04 onwards a decline in the water table has been evident. Today the level is 30m below the siuface, The drop in level has been accompanied by a drastic reduction in total annual yield to the point that it no longer supports the orchard area that it did for close to thirty years. We-rely on bore water to supplement our surface water catc?ent, in fact without it we can not support the orchard requirements.

In June of 2014 I contacted Scott Marshall at the DSD (Departrnent of State Development) and supp?ied him with details of my complaint and advised turn of where to Iook on the quarry in the middle of summer to observe water running out of the rock face. Ground water has been clearly intercepted. This inquiry and determination is not complete.

Faced with the loss of our most valuable resource we deepened the bore and failed to improve the yield and then dri}led on a new site. After spending over $100,000 in the last 18 months our bore water supply has been restored.

Sustainability of this long established horticultural business in a area zoned Primary Production is threatened by the encroachment of the quarry.

The closing and sale of Schapel Road makes it possible for this expansion to occur at l apoiritclosesttoourunderground'waterresource. -????;i,::riil.(,,)iiiGujNCJL 'i ' as ?: 'U' E l V 'i= D Ross Green 4 Robert Green l Th ' 1 SEP 2016 & =s?

?ip-s:...y i ? i it t a*-uyeitwxsswsavaws?i ;x'y au 8LAh,dt Ph ('3 '327E E[=EC cffice@a:-'alkihgsa.crg?au ',Vec: http;;,l?it,-iy:a:.'iiaalkingsa.crg.au; l S!atesascci8ticn3Hcuse, {CEKing';iailliamStreetKEri'TO'i'vflSigEC?7 lwalkinqq tel?81-"57CCE'::l(, OfficeHcurs:Tue-s:a7sl;i'e('nes:a}'sar'!Thur!!!aY!liSarn-?l:m

Mr A. AITKEN Chief Executive Officer Adelaide Hills Council

Oear Sir

OBJECTION TO THE SALE OF SCHAPEL ROAD, LOBETHAL BY ADELAIDE HILLS COUNCIL

Ref: Government Gazette No 6 of 4fh August 2016 at page 3139 - Preliminary Plans 16/0020

Recently, the Adelaide Hills Council published a notice under section 10 of the Roads (Opening cind Closing) Act 1991 of its intention to close and then merge portion of Schapel Road between Staffords Road and Miller Road into an adjoining (Boral-owned) property, Section 28 in Filed Plan 155743 and the small triangular allotment 13. (The Lobethal Quarry excavations are currently on the northern side of Schapel Road.)

Should this sale block access to walkers on Schapel Road, it will impede walking access to a continuous set of attractive road reserves with the potential to develop into a walking trail within the Mount Lofty Ranges Trails.

In view of this development, I wish to notify you of our intention to lodge an objection with you re the sale of (portion of) Schapel Road to be sold and merged with Allotment 28. Walking SA respectfully asks you to review this decision by giving due weight to its potential use as a valuable recreational corridor for the benefit of future generations of South Australians, and for the future recreational benefits that all road reserves remaining in public ownership will bring to tourism in the Hills.

In view of this strategic Iink to the trail network, we urge that Schapel Road not be closed to walkers - unless a 6 metre corridor/easement - of sufficient width for safe visual separation between trail user-groups such as horse riders, walkers and cyclists - be provided - e.g. on the perimeter of Boral Iand.

We also ask that Council consider the impact of this sale on the proposed world-class network of recreational (cycling/walking) trails being proposed by the South Australian Government for the Adelaide Hills and Mount Lofty Ranges.

Yours sincerely

John Eaton Trails Infrastructure, Access and Strategic Issues.

&?*'Jx Johri Eaton - Trails Access Issues Personal contact nurn.bers: T: (()8') 8431 5460; M': 0419 176 713; E: jonea'ton@'higpond.net.au lwancinql [email protected](g.au 1 Natalie Westover

From: [email protected] Sent: Friday, 20 January 2017 12:19 PM To: Mr MP Burdett Cc: Natalie Westover

Michael Burdett, Surveyor General, l have decided not to pursue my objection to the closure of Schapel Road, Lobethal (PP16/0020) on information that Schapel Road:-

* will be integrated into the adjacent mine,

@ will not provide a sufficient Ievel of safety for walkers and,

@ is not known to be part of a walking trail and -

* will no Ionger have scenic value.

I have also c.c'd Natalie Westover - Manager Property Services, Property Services, Adelaide Hills Council with this decision.

Best wishes

John Eaton.

&'k;=k!its'h Jotin Eaton - Tratls Access tssues l I Personal contact numbers: T: (08) 8431 5460; M: 0419 176 713; E: joneaton(a lWa?kjnql @[email protected]

This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com

Appendix 7 Summary of BushRAT Assessment

SUMMARY OF BUSHRAT ASSESSEMENT – SCHAPEL ROAD LOBETHAL

RMS 317_1 Schapel Road - Unit Biodiversity Score 67 - (High value vegetation in this road reserve) Description of Vegetation Association: Eucalyptus obliqua open forest

Nationally (EPBC) rated ecosystems present: Nil

State (provisional DEWNR) rated ecosystems present: Nil

National or State threatened flora species present: Nil

Threatened plants: 5 x regionally rated species

Site is considered habitat for following threatened fauna species:

COMMON NAME SCIENTIFIC NAME AUS SA AML (EPBC) (NP2008) R

Scarlet Robin Petroica multicolor boodang R VU

Yellow-tailed Black-Cockatoo Calyptorhynchus funereus V VU

Crested Shrike-tit Falcunculus frontatus R EN

RMS 317_2 Schapel Road - Unit Biodiversity Score 50 (Moderate value vegetation in this road reserve) Description of Vegetation Association: Eucalyptus obliqua open forest

Nationally (EPBC) rated ecosystems present: Nil

State (provisional DEWNR) rated ecosystems present: Nil

National or State threatened flora species present: Nil

Threatened plants: 2 x regionally rated species

Site is considered habitat for following threatened fauna species:

COMMON NAME SCIENTIFIC NAME AUS SA AML (EPBC (NP2008 R ) )

Scarlet Robin Petroica multicolor boodang R VU

Yellow-tailed Black-Cockatoo Calyptorhynchus funereus V VU

RMS 323_1 Schapel Road - Unit Biodiversity Score 48 (Moderate value vegetation in this road reserve) Description of Vegetation Association: Eucalyptus obliqua open forest

Nationally (EPBC) rated ecosystems present: Nil

State (provisional DEWNR) rated ecosystems present: Nil

National or State threatened flora species present: Nil

Threatened plants: 2 x regionally rated species

Site is considered habitat for following threatened fauna species:

COMMON NAME SCIENTIFIC NAME AUS SA AML (EPBC (NP2008 R ) )

Scarlet Robin Petroica multicolor boodang R VU

Yellow-tailed Black-Cockatoo Calyptorhynchus funereus V VU

RMS 323_2 Schapel Road - Unit Biodiversity Score 32 (Poor value vegetation in this road reserve) Description of Vegetation Association: Eucalyptus obliqua open forest

Nationally (EPBC) rated ecosystems present: Nil

State (provisional DEWNR) rated ecosystems present: Nil

National or State threatened flora species present: Nil

Threatened plants: 1 x regionally rated species

Site is considered habitat for following threatened fauna species:

COMMON NAME SCIENTIFIC NAME AUS SA AML (EPBC (NP2008 R ) )

Yellow-tailed Black-Cockatoo Calyptorhynchus funereus V VU

Appendix 8 Additional Information provided by Boral

Memorandum Ground Floor, Suite 01, 20 Chandos Street St Leonards, NSW, 2065 PO Box 21 St Leonards, NSW, 1590 T +61 2 9493 9500 4 April 2017 F +61 2 9493 9599 E [email protected] www.emmconsulting.com.au To Andrew Bondini From Paul Gibbons

Subject Lobethal Quarry - additional information to support Schapel Road closure

This memorandum has been prepared by EMM Consulting Pty Ltd (EMM) to support Boral Resources (SA) Pty Ltd (Boral) proposed Schapel Road closure to Adelaide Hills Council (AHC). It is intended to provide:

• additional information requested by AHC following EMMs deputation on 28 February 2017; and

• hydrogeological assessment findings presented during EMMs deputation to Council.

The following information builds upon Boral’s correspondence to AHC on 12 January 2017 which addressed valuation, easement, groundwater and preliminary road plan.

1 Additional information

AHC at its meeting on 28 February 2017 deferred their decision on the Schapel Road closure seeking the following additional information:

Future use

A question was raised by AHC in relation to Boral’s proposed use of the road closure land.

Boral previously outlined in correspondence to AHC on 12 January 2017 that it intended to retain Schapel Road as a buffer for quarrying activities. This future intention was reiterated by EMM during the Council deputation.

Schapel Road is located outside Boral’s approved Lobethal Quarry’s private mine (PM) and extractive mineral lease (EML) boundaries. Boral’s current site approvals, issued under the Mining Act 1971 (Mining Act), prohibit extraction of mineral outside the PM and EMLs (ie Schapel Road).

Lobethal Quarry’s (the Quarry) existing infrastructure and stockpiles currently reside on EML 5589 – situated to the east of Schapel Road – beneath which the resource is of a high quality. To enable possible extraction of this area in the existing site infrastructure would need to be relocated to the western side of Schapel Road, being land owned by Boral. Under this scenario Schapel Road would act as a buffer for quarrying activities.

Whilst strategic planning for the long-term development of the Quarry is currently being undertaken it is understood the resource requirement, in terms of reserves, is still at least 5 to 10 years away. Any future proposal for the Quarry to expand outside the approved PM and EMLs would be managed under the Mining Act and prepared in consultation with the Department of State Development (DSD), relevant stakeholders (including AHC) and the community.

S17006_Lobethal Quarry_Schapel Road Page 1 Memorandum_Additional Information_v2_20170404 Native vegetation

A question was raised by AHC in relation to any steps that Boral may be prepared to protect native vegetation that exists at the north western end of Schapel Road.

As previously stated, there are no plans for extraction into the vegetated area of Schapel Road at this time. All current site activities are restricted to within the approved PM and EML boundaries (ie Schapel Road vegetation is located outside existing approved extraction boundaries) and managed in accordance with the Quarry’s Mine Operations Plan / Mining and Rehabilitation Plan.

Any future proposal to expand the Quarry outside the current PM and EML’s will require approval under the Mining Act. Under this circumstance legislative requirements would trigger the need for an ecological survey to identify vegetation communities, condition assessment and any threatened species. Any potential impacts to existing vegetation would therefore be thoroughly assessment with mitigation measures (ie objectives and outcomes) and rehabilitation to be addressed as part of the proposal.

The approval documentation would also need be to prepared in accordance with Ministerial Determination MD002 Minimum information required to be provided in a program for environment protection and rehabilitation (PEPR) for an extractive mineral lease (EML) and any associated miscellaneous purposes licence (MPL) and Minerals Regulatory Guidelines MG6 Guidelines for miners: preparation of a program for environment protection and rehabilitation (PEPR) for extractive mineral operations in South Australia.

All approval documentation prepared under the Mining Act is required to undergo a rigorous consultation process with key stakeholders (ie AHC) and the community.

2 Hydrogeological assessment

To support the Schapel Road closure EMM completed a hydrogeological assessment to assess the existing environment, quarry operations, local groundwater usage and historic water take within the water source to determine potential for the Quarry to diminish water supply in a landholders bore.

2.1 Background

During public notification of the Schapel Road closure a nearby local landholder (Alexander Symonds acting on behalf of Ross Green and Robert Green) submitted an objection citing unresolved groundwater issues relating to the operation of the Quarry.

The objection related to a diminished supply in a nearby local landholder bore (Bore ID: DHNO 56345), associated with a gradual drawdown in the standing water level. The landholder has attributed this reduction in supply to the operation of the Quarry, inferring quarry inflows as the source of groundwater dewatering. AHC deferred approval of the road closure during November 2016 seeking additional information from Boral on groundwater impacts from the Quarry’s operations.

2.2 Hydrogeology

2.2.1 Hydrogeological setting

The Quarry is located within the Western Mount Lofty Ranges (WMLR) Prescribed Water Resources Area (PWRA) Groundwater system as defined by the SA Department of Environment, Water and Natural Resources (DEWNR).

The WMLR PWRA in the vicinity of the Quarry is characterised by Precambrian fractured rock aquifers (FRAs) of the Adelaidean System. Recharge to these aquifers occurs directly from rainfall that percolates down to the watertable through the soil profile or indirectly via throughflow from adjacent aquifers. Groundwater flow generally follows the topography, moving from higher points in the landscape towards lower areas where typically it discharges into rivers and streams.

S17006_Lobethal Quarry_Schapel Road Page 2 Memorandum_Additional Information_v2_20170404 2.3 Regional groundwater trends

Trends in groundwater levels and salinity in the FRAs of the WMLR are primarily climate driven whereby below- average rainfall results in a reduction in recharge to the aquifers, while above average rainfall results in an increase in recharge. Below-average summer rainfall can also result in increasing irrigation extractions, and these two elements can cause the groundwater levels to fall and salinity to increase (DEWNR 2016).

Long-term monitoring data from the FRAs across the WMLR PWRA reveal a close correlation between groundwater levels and rainfall (DEWNR 2016). Following a widespread decline in groundwater levels in the Central Hills region after the 2006 drought, most monitoring wells have shown either a stabilisation, reduced rate of decline, or rises in water levels for several years after 2009, in response to higher rainfall recharge.

A hydrograph (groundwater level chart) for the government monitoring bore (ONK047), approximately 900 m from the local landholder bore (DHNO 56345), has been plotted against the cumulative deviation from the mean (CDFM) rainfall (Figure 1) recorded at the local Bureau of Meterology (BOM) weather station (BOM 23726). The CDFM rainfall shows periods of above average rainfall as a rising slope and periods of below average rainfall as declining slope. Plotting rainfall and groundwater levels in this manner allows climate to be correlated to groundwater and the influence of climate on the groundwater level at that location can then be assessed.

In the five years to 2015 rates of groundwater decline ranged between 0.02 and 1.7 metres per year (m/yr) with a median of 0.3 m/yr (DEWNR 2016). It should be noted that the natural fluctuation in groundwater levels will always be greater in recharge and up-gradient areas, than in lower lying areas of the landscape. Therefore hills and ridgelines are potentially subject to a greater level of drawdown than the average 0.3 m/yr stated, and are likely to be at the higher end (i.e. likely to be closer to 1.7 m/yr). In this case, the landholder bore is located on the downslope of the Staffords Road ridgeline (which provides a topographic drainage divide between the Quarry and the landholder bore).

Figure 1 – Hydrograph ONK047 and CDFM

S17006_Lobethal Quarry_Schapel Road Page 3 Memorandum_Additional Information_v2_20170404 2.4 Groundwater levels

Historically, the reported groundwater levels across the Quarry and the local area (ie within a 500 m radius) have all been variable and influenced predominantly by topography. Groundwater depths range between 4.57 and 73 m below ground. Groundwater levels, once converted to the common Australian Height Datum (AHD) ranged between 418.6 m AHD and 511.5 m AHD, which demonstrates a wide range of almost 95 m. The lowest level (418.6 m AHD) measured at bore ID 54 is located to the south-east of the Quarry and is down hydraulic gradient. The highest reported groundwater elevation is located at ID 23 (511.5 m AHD), on the landholder’s property, approximately 750 m north-west, close to the Stafford Road ridgeline and up hydraulic gradient of the Quarry.

Groundwater levels shown in Figure 1 for the government monitoring bore (ONK049) show seasonal fluctuations (from winter highs to summer lows) of up to 15 m. The monitoring bore is a non-pumping bore and levels therefore reflect true seasonal fluctuations in the local groundwater table which are likely the result of reduced rainfall recharge and increased summer time groundwater abstraction for irrigation.

2.5 Groundwater flow

Local groundwater flow follows the natural topography. Figure 2 shows a map of the groundwater elevation (water table) based on groundwater levels (converted to the AHD) recorded from bores within a 500 m radius of the Quarry. A clear groundwater (hydraulic) gradient is mapped following the natural topography and flowing from a high at the Staffords Road ridgeline toward the east-southeast. The mapped groundwater elevations show the Staffords Road ridgeline forming a flow boundary, with groundwater to the east of this road flowing towards the east and groundwater on the western side flowing towards the west. Groundwater elevations are highest on the Quarry’s north western boundary near Stafford Road and the landholders property, indicating a local recharge zone. Groundwater elevations dip steeply at approximately 470 m AHD, where the water table intersects the north-west pit face of the Quarry, inducing a cone of drawdown around the pit (which is typical for quarries in fractured rock environments).

Two hydrogeological cross sections (A-A’ and B-B’) have been prepared for the site (Figure 3 and Figure 4) and clearly show the groundwater flow paths in the vicinity of the Quarry and the landholder bore in question.

Figure 2 – Groundwater contour map

S17006_Lobethal Quarry_Schapel Road Page 4 Memorandum_Additional Information_v2_20170404

Figure 3 – Hydrogeological cross-section (A-A’)

Figure 4 – Hydrogeological cross-section (B-B’)

S17006_Lobethal Quarry_Schapel Road Page 5 Memorandum_Additional Information_v2_20170404

2.6 Assessment of potential drawdown impact from the Quarry

2.6.1 Regional water levels

The landholder bore in question and the Quarry are located on opposite sides of a local groundwater divide which follows the ridgeline of Staffords Road. Groundwater recharged along the ridgeline flows to the west and toward the landholder property and to the east toward the Quarry. This groundwater divide at the ridgeline prevents a downward hydraulic gradient between the landholder bore and the Quarry.

Using the climate average drawdown of 0.3 m/yr for 5 years equates to 1.5 m of drawdown in the area. However as discussed, close to ridgelines this is likely to be at the high end of the range, 1.7 m/yr, which equates to 8.5 m over 5 years.

The winter to summer seasonal fluctuation in the area (likely to be predominantly a result of irrigation over summer months) can be seen in government monitoring bores (approximately 1.7 km west of the Quarry), to be up to 15 m between winter and summer.

Based on the overall regional groundwater level decline over the past five years of between 1.5 m and 8.5 m, and the 15 m of seasonal drawdown it is possible that a bore could experience over 20 m of water level fluctuation without any influence from the Quarry.

2.6.2 Analytical calculations

Analytical calculations using the modified Dupuit-Theim equation for confined aquifer conditions have been undertaken by EMM. Whilst limited data is available to inform the calculation, textbook parameters (with appropriate hydrogeological assumptions) have been used for the hydraulic properties of the fractured rock media, and the calculations are considered conservative (ie worst case scenario).

The calculation indicates that the maximum radius of drawdown from the Quarry is approximately 500 m. The drawdown curve is exponential in shape, with the majority of drawdown occurring very close to the Quarry, and beyond the first 100 m drawdown measured would be negligible (ie likely less than 1 m).

Based on these calculations it is highly unlikely that the landholder bore can be experiencing any drawdown from the Quarry.

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The hydrogeological assessment has established that the operation of the Quarry has no impact on the performance of the landholder bore.

Natural climatic variations and seasonal variations as a result of nearby irrigation has the potential to influence the water levels in the landholder bore by over 20 m. Mapping of the local groundwater table indicates a groundwater divide, along the Staffords Road ridgeline, between the landholder bore and the Quarry with groundwater flowing in opposite directions. Analytical calculations indicate a limited radius of groundwater drawdown around the Quarry, with negligible drawdown at a distance of over 100 m from the Quarry.

3 Conclusion

EMM considers that Boral has adequately responded to all AHCs request’s for additional information to date which are summarised below as follows:

• Valuation – Boral has advised of its acceptance of a negotiated acquisition price;

• Easement - Boral has advised that they are satisfied with the existing easement location and intends to purchase the land from Council subject to the said easement;

• Preliminary road closure plan requirements - Boral have provided Council with a copy of the preliminary plan for road closure prepared by surveyors Alexander Symonds;

• Future use – as outlined in this memorandum Boral advise that Schapel Road would be retained as a buffer for quarrying activities. Any future proposal would be appropriately managed in accordance with the legislative requirements of the Mining Act and prepared in consultation with DSD, relevant stakeholders (including AHC) and the community;

• Vegetation – as outlined in this memorandum Boral advise any future proposal that has the potential to impact vegetation would be appropriately managed in accordance with the legislative requirements of the Mining Act.

• Groundwater - Boral has stated that the closure of Schapel Road is not related to groundwater in any way. Notwithstanding this, Boral recognise that a local landholder raised concerns over groundwater in relation to the Quarry operation. These concerns have been taken seriously with the outcomes of EMMs hydrogeological assessment presented at the Council deputation and provided in this memorandum. The findings demonstrate that Boral’s Quarry operations are not impacting the landholders bore.

In light of the above, the Schapel Road closure should be viewed favourably by Council and approved.

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