Shire of Denmark Notes
STRATEGIC BRIEFING
HELD IN THE COUNCIL CHAMBERS, 953 SOUTH COAST HIGHWAY, DENMARK, ON TUESDAY, 15 SEPTEMBER 2020, 11.00AM
The Council Forum and Briefing session follows the suggested format proposed by the Department of Local Government Operational Guidelines (Number 5 January 2004). The role of such forums is to allow opportunity for elected members and senior officers of the Council to come together outside of the formal meeting process to discuss matters that do not require formal decisions, do not discuss matters on the Ordinary Council Meeting Agenda but to discuss matters that might be conceptual (brain storming etc.), informative (updates on progress with matters) or administrative in nature. For this reason they are normally held ‘in committee’. Disclosures of Financial, Impartiality and Proximity interests are still to be recorded and dealt with if they arise.
1. DECLARATION OF OPENING/ANNOUNCEMENTS BY THE PERSON PRESIDING
RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE MEMBERS: Cr Ceinwen Gearon (Shire President) Cr Mark Allen (Deputy Shire President) Cr Geoff Bowley Cr Kingsley Gibson Cr Steve Jones Cr Jan Lewis Cr Ian Osborne Cr Janine Phillips Cr Roger Seeney
STAFF: David Schober (Acting Chief Executive Officer) David King (Director Assets and Sustainable Development) Lee Sounness (Acting Director Corporate and Community Services) Claire Thompson (Governance Coordinator)
APOLOGIES: Nil
ON LEAVE OF ABSENCE: Nil 20 October 2020 - Attachment 6.2 Council Strategic Briefing
ABSENT: Nil
VISITORS: Justin Bellanger, Commodore – Denmark Yacht Club Nina Bradshaw, Communications Coordinator – Denmark Yacht Club Eddy Buckovic, Training Coordinator – Denmark Yacht Club
DECLARATIONS OF INTEREST: Nil
2. REPORTS & PRESENTATIONS
2.1 Workforce Plan and Resourcing The Acting CEO and Director of Assets and Sustainable Development discussed staff resourcing requirements and the Shire’s Workforce Plan. The Working Group and staff have requested that the Local Planning Scheme (LPS), Strategy and Policies be developed concurrently, and as soon as is practicable, given the current pressures on land use. This will require appropriate resourcing to achieve.
2.2 Denmark Yacht Club Justin Bellanger of the Denmark Yacht Club provided an overview of the Club’s new Junior Sailing Program and their request to utilise a portion of land adjacent to the Rivermouth Caravan Park to erect a shed. Mr Bellanger advised that the shed would be used to store their junior boats, equipment and provide shelter for sailing days.
2.3 Ward Review The Governance Coordinator led a discussion on the current status of the ward and representation review. Discussion ensued and Officers will bring the item back to Council in October.
2.4 Tourism Discussion The Shire President led a discussion on the briefing paper provided by the Acting Chief Executive Officer.
2.5 Alliance Update The Shire President provided an update on the Executive Officer recruitment and recent meeting.
2.6 WALGA Workshop The Governance Coordinator sought consensus from Councillors as to a preferred day for WALGA to deliver some training to Councillors and Officers regarding meeting procedures including the Shire’s Standing Orders Local Law, roles and responsibilities, motions and rules of debate, conflicts of interest and formal/informal meetings. It was concurred that most Councillors would be available for Friday, 16 October.
2
SHIRE OF DENMARK STATEMENT OF FINANCIAL ACTIVITY (Statutory Reporting Program) For the period ending 31 August 2020
Var. $ Var. % YTD YTD (b)-(a) (b)-(a)/(a) Adopted Annual Budget Actual Note Budget (a) (b) Operating Revenues $ $ $ $ % Governance 37,307 8,150 30,812 22,662 278.06% General Purpose Funding 648,962 139,098 141,356 2,258 1.62% Law, Order and Public Safety 891,476 80,897 79,794 (1,103) (1.36%) Health 18,500 7,282 7,921 639 8.77% Education and Welfare 53,004 11,751 11,509 (242) (2.06%) Community Amenities 1,746,800 1,347,626 1,365,176 17,550 1.30% Recreation and Culture 435,569 42,657 53,057 10,400 24.38% Transport 5,245,423 132,406 140,287 7,881 5.95% Economic Services 1,175,313 32,460 32,271 (189) (0.58%) Other Property and Services 153,800 26,689 28,914 2,225 8.34% Total Operating Revenue 10,406,154 1,829,016 1,891,098 62,082 Operating Expense Governance (852,390) (204,030) (166,825) 37,205 18.24% General Purpose Funding (511,047) (85,965) (81,855) 4,110 4.78% Law, Order and Public Safety (2,499,270) (386,054) (233,460) 152,594 39.53% Health (201,397) (33,868) (35,016) (1,148) (3.39%) Education and Welfare (381,143) (42,313) (44,564) (2,251) (5.32%) Housing (53,425) (8,368) (8,083) 285 3.41% Community Amenities (2,674,290) (442,384) (407,803) 34,581 7.82% Recreation and Culture (2,930,586) (469,754) (281,923) 187,831 39.98% Transport (4,150,630) (730,132) (461,606) 268,526 36.78% Economic Services (1,109,063) (162,064) (129,501) 32,563 20.09% Other Property and Services (178,096) (4,306) (52,186) (47,880) (1111.95%) Total Operating Expenditure (15,541,336) (2,569,238) (1,902,821) 666,417
Funding Balance Adjustments Add back Depreciation 4,361,434 726,892 0 (726,892) (100.00%) Adjust (Profit)/Loss on Asset Disposal 11 (51,000) 0 0 0 Adjust Provisions and Accruals 0 0 0 0 Net Cash from Operations (824,748) (13,330) (11,724) 1,606
Capital Expenses Repayment of Debentures 7 (245,165) (11,709) (11,709) 0 0.00% Transfer to Reserves 5 (803,452) (819) (819) 0 0.00% Land and Buildings 10 (430,000) (54,000) (52,421) 1,579 2.92% Roads Infrastructure 10 (5,890,937) 0 (26,778) (26,778) Other Infrastructure 10 (100,000) 0 (2,791) (2,791) Plant and Equipment 10 (607,000) (35,000) (26,960) 8,040 22.97% Total Capital Expenditure (8,076,554) (101,528) (121,477) (19,949)
Net Cash from Capital Activities (8,901,302) (114,858) (133,201) (18,343)
Capital Revenues Proceeds from New Debentures 0 0 0 0 Proceeds from Disposal of Assets 11 117,000 0 0 0 Self-Supporting Loan Principal 22,049 1,749 1,749 (0) (0.01%) Transfer from Reserves 5 898,000 156,292 156,292 0 0.00% Net Cash from Financing Activities 1,037,049 158,041 158,041 (0) Total Net Operating + Capital (7,864,253) 43,183 24,840 (18,343)
Rate Revenue 6 6,559,632 6,559,632 6,557,784 (1,848) Opening Funding Restricted Grants 0 0 0 0 Opening Funding Surplus 1,504,620 1,504,620 1,486,027 (18,593) (1.24%) Closing Funding Surplus(Deficit) 200,000 8,107,436 8,068,652 (38,783)
This statement is to be read in conjunction with the accompanying Financial Statements and notes. 20 October 2020 - Attachment 8.2.1
1 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY STATEMENT OF FINANCIAL POSITION For the period ending 31 August 2020
Note 1 2020-2021 2019-2020 $ $
CURRENT ASSETS Cash and Cash Equivalents 7,500,422 6,802,246 Trade and Other Receivables 7,513,564 944,671 Inventories 160,423 160,415 TOTAL CURRENT ASSETS 15,174,409 7,907,332
NON-CURRENT ASSETS Other Receivables 553,131 553,131 Investments 53,516 53,516 Property, Plant and Equipment 32,548,912 32,449,160 Infrastructure 60,313,045 60,303,848 TOTAL NON-CURRENT ASSETS 93,468,605 93,359,655
TOTAL ASSETS 108,643,014 101,266,988
CURRENT LIABILITIES Trade and Other Payables 2,864,865 2,155,158 Long Term Borrowings 233,456 245,165 Provisions 1,199,636 1,199,636 TOTAL CURRENT LIABILITIES 4,297,957 3,599,958
NON-CURRENT LIABILITIES Long Term Borrowings 1,866,268 1,866,268 Provisions 109,851 109,851 TOTAL NON-CURRENT LIABILITIES 1,976,119 1,976,119
TOTAL LIABILITIES 6,274,075 5,576,077
NET ASSETS 102,368,938 95,690,911
EQUITY Retained Surplus 32,838,085 26,004,584 Reserves - Cash Backed 4,220,593 4,376,066 Reserves - Asset Revaluation 65,310,261 65,310,261 TOTAL EQUITY 102,368,938 95,690,911
2 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 2: NET CURRENT FUNDING POSITION Positive=Surplus (Negative=Deficit)
Same Period Note This Period Last Period Last Year $ $ $ Current Assets Cash Unrestricted 3,279,829 1,260,081 986,779 Cash Restricted 4,220,593 4,376,596 4,269,613 Total Cash 1 7,500,422 5,636,677 5,256,392 Receivables - Rates 4 5,799,932 336,494 6,103,448 Receivables - Other 1,527,318 321,291 1,744,643 Receivables - Sundry Debtors 4 186,314 463,988 107,492 Inventories 1 160,423 209,415 63,271 15,174,409 6,967,865 13,275,246
Less: Current Liabilities Payables 1 (4,297,957) (2,959,925) (2,692,850) Add Back Self Supporting Loan Adjustment (20,299) (20,299) (38,118) Add Back Current Leave Provisions 1 1,199,636 1,199,636 1,124,174 Add Back Current Loan Liability 1 233,456 243,416 273,180 (2,885,165) (1,537,172) (1,333,612)
Less: Cash Reserves 5 (4,220,593) (4,376,596) (4,269,613)
Net Current Funding Position 8,068,652 1,054,096 7,672,021
Note 2 - Liquidity Over the Year 9,000 2018-2019 2019-2020 8,000 2020-2021 7,000 6,000 5,000 4,000
Amount 3,000 2,000 1,000 0 -1,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Comments - Net Current Funding Position
3 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 3: BUDGET AMENDMENTS Amendments to original budget since budget adoption. Surplus/(Deficit)
GL Account Council Non Cash Increase in Decrease in Current Budget Code Description Resolution Classification Adjustment Available Cash Available Cash Running Balance $ $ $ $ Budget Adoption Opening Surplus 0 Permanent Changes
4 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 3 (a): MAJOR VARIANCES
For the purposes of Local Government (Financial Management) Regulation 34 regarding levels of variances for financial reporting, a variance of 10% or greater of the annual budget estimates to the end of the month to which the report refers for each program area in the budget, as a level that requires an explanation or report, with a minimum dollar variance of $10,000.
This same figure is also to be used in the Annual Budget Review to be undertaken after the first six months of the financial year to assess how the budget has progressed and to estimate the end of the financial year position.
A second tier reporting approach shall be a variance of 10% or greater of the annual budget estimates to the end of month to which the report refers for each General Ledger/Job Account in the budget, as a level that requires an explanation, with a minimum dollar variance of $10,000.
Noting that as Council adopts an annualised Budget, the Director of Corporate and Community Services may vary the month end Budget estimates from time to time to take into consideration the vagaries and variances with respect to project timing and scheduling to allow for more realistic and relevant comparisons to be made, subject to the total of the Council adopted Budget not being altered.
Amended Annual YTD Budget YTD Actual Var. $ Var. % Budget Account No. Operating Revenues Governance 1427613 LGIS Insurance Rebates - additional Insurance Premium Rebates income to budget estimate 10,000 5,000 16,227 11,227 224.54% 1427703 Sale of Misc. Items - Additional revenue achieved to nominal budget provision 1,000 164 10,144 9,980 6085.36%
Community Amenities Various Planning Fees currently tracking higher than YTD budget estimate 67,000 10,998 24,417 13,419 122.01%
Recreation & Culture Various Recreation Centre income currently tracking higher than YTD budget estimate 131,700 21,858 29,269 7,411 33.90%
Adopted Annual YTD Budget YTD Actual Var. $ Var. % Budget Account No. Operating Expenses Governance Various Depreciation expense not yet applied - Governance (111,031) (18,504) 0 18,504 (100.00%) Balance of variance relates to timing of allocations for administration overheads
Law, Order and Public Safety Various Depreciation expense not yet applied - LOPS (828,009) (137,998) 0 137,998 (100.00%)
Community Amenities Various Depreciation expense not yet applied - Community Amenities (81,527) (13,586) 0 13,586 (100.00%) 1058002 Public Convenience Maintenance - Activity tracking under budget (timing & seasonal issue) (258,315) (49,292) (34,681) 14,611 (29.64%)
Recreation & Culture Various Depreciation expense not yet applied - Recreation & Culture (654,772) (109,128) 0 109,128 (100.00%) Various Parks & Reserves Mtce Costs tracking under budget (timing & seasonal issue) (733,879) (141,419) (82,539) 58,880 (41.64%)
Transport Various General Maintenance - Roadworks, Footpaths, Bridges, Depot etc. currently over YTD budget (timing & seasonal issue) (1,520,957) (297,232) (415,779) (118,547) 39.88% 1230502 Depreciation Roads Infrastr. - not yet applied (2,295,682) (382,612) 0 382,612 (100.00%)
Economic Services Various Depreciation expense not yet applied - Ecomonic Services (62,176) (10,362) 0 10,362 (100.00%) 1327802 Visitor Centre Subsidy (95,000) (15,832) (10,000) 5,832 (36.84%) Various Parry Beach Mtce Costs tracking under budget (timing & seasonal issue) (92,469) (12,323) (5,572) 6,751 (54.78%)
Other Property & Services Various Depreciation expense not yet applied - Other Property & Services (321,485) (53,578) 0 53,578 (100.00%) Balance of variance relates to timing of allocations for overheads, plant operating costs and stock
5 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020 Note 4: RECEIVABLES Receivables - Rates Receivable 31 August 2020 30 June 2020 Receivables - Sundry Debtors Current 30 Days 60 Days 90+Days $ $ $ $ $ $ Sundry Debtors - General 30,466 8,108 134,246 13,494 Opening Arrears Previous Years 362,031 300,002 Levied this year 6,682,842 6,726,188 Total Receivables - Sundry Debtors 186,314 Less Collections to date (1,244,940) (6,664,159) Equals Current Outstanding 5,799,932 362,031 Amounts shown above include GST (where applicable)
Net Rates Collectable 5,799,932 362,031 Note 6 - Accounts Receivable Sundry Debtors % Collected 17.67% 94.85%
121217 Note 4 - Rates Receivable 100.00% 90.00% 80.00% 60 Days
70.00% 72% 60.00% Current 50.00% 17% 40.00% 30 Days… 30.00% 2019-20 20.00% 2020-21 10.00% 90+Days 0.00% 7% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Comments/Notes - Receivables Rates Comments/Notes - Receivables General
6 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020 Note 5: Cash Backed Reserve
Adopted Adopted Budget Actual Budget Actual Adopted Budget Actual Transfers Adopted Adopted Budget Actual Opening Interest Interest Transfers In Transfers In Transfers Out Out Transfer out Budget Closing Actual YTD Name Opening Balance Balance Earned Earned (+) (+) (-) (-) Reference Balance Closing Balance $ $ $ $ $ $ $ $ $ $ Lime Quarry Rehabilitation Reserve 382,857 382,857 2,257 58 30,000 0 0 0 415,114 382,914 Parry Inlet Reserve 197,497 197,497 1,164 30 0 0 0 0 198,661 197,527 Cemetery Reserve 2,108 2,108 12 0 0 0 0 0 2,120 2,108 Employee Leave Entitlements Reserve 446,261 446,261 2,631 67 0 0 0 0 448,892 446,328 Land & Infrastructure Reserve 425,218 425,218 1,918 64 292,512 0 0 0 719,648 425,283 Plant Replacement Reserve 588,265 588,265 3,468 89 200,000 0 (205,000) 0 586,733 588,353 Waste Services Reserve 654,706 654,706 4,035 99 50,000 0 (70,000) 0 638,741 654,805 Parks and Gardens Reserve 78,606 78,606 463 12 0 0 0 0 79,069 78,618 Aquatic Facility Development Reserve 101,375 101,375 598 15 0 0 (15,000) 0 86,973 101,390 Lionsville Reserve 262,326 262,326 1,547 40 0 0 (58,000) 0 205,873 262,365 Peaceful Bay Reserve 120,988 120,988 713 18 87,970 0 0 0 209,671 121,007 Rivermouth Caravan Park Reserve 95,752 95,752 565 14 5,000 0 0 0 101,317 95,767 Peaceful Bay Caravan Park Reserve 57,964 57,964 342 9 5,000 0 0 0 63,306 57,973 Recreation Centre Reserve 85,273 85,273 503 13 10,000 0 0 0 95,776 85,286 Denmark East Development Reserve 876,869 876,869 2,754 291 0 0 (550,000) (156,292) 329,623 720,868 Strategic Reserve - 0 0 0 100,000 0 0 0 100,000 0 4,376,066 4,376,066 22,970 819 780,482 0 (898,000) (156,292) 4,281,518 4,220,593
7 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 6: RATING INFORMATION Rate in Number Rateable Actual Budget Budget Total Adopted Adopted Budget Actual YTD Actual YTD Actual YTD $ of Value Rate Interim Back Rate Rate Interim Back Total Properties $ Revenue Rates Rates Revenue Revenue Rates Rates Revenue RATE TYPE $ $ $ $ $ $ $ $ Differential General Rate GRV Non-Rural Improved 0.095724 2,281 39,328,231 3,764,657 0 0 3,764,657 3,764,657 2,294 (5,535) 3,761,416 Holiday Purposes 0.107095 123 2,006,212 214,855 0 0 214,855 214,855 0 0 214,855 Vacant 0.190840 266 2,373,860 453,027 0 0 453,027 453,027 0 0 453,027 UV Rural 0.005038 493 235,328,000 1,185,583 0 0 1,185,583 1,185,583 0 0 1,185,583
Sub-Totals 3,163 279,036,303 5,618,122 0 0 5,618,122 5,618,122 2,294 (5,535) 5,614,881 Minimum Minimum Payment $ GRV Non-Rural Improved 1,097.00 576 4,610,164 631,872 0 0 631,872 631,872 0 0 631,872 Holiday Purposes 1,208.00 4 31,282 4,832 0 0 4,832 4,832 0 0 4,832 Vacant 1,109.00 183 765,610 202,947 0 0 202,947 202,947 0 0 202,947 UV Rural 1,343.00 170 31,484,959 228,310 0 0 228,310 228,310 0 0 228,310 Sub-Totals 933 36,892,015 1,067,961 0 0 1,067,961 1,067,961 0 0 1,067,961 4,096 315,928,318 6,686,083 6,686,083 6,682,842 UV Pastoral Concession 0 0 Waiver & Concessions (126,451) (125,058) Amount from General Rates 6,559,632 6,557,784 Ex-Gratia Rates 0 0 Specified Area Rates 0 0 Totals 6,559,632 6,557,784
Comments - Rating Information
8 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 7. INFORMATION ON BORROWINGS (a) Debenture Repayments Principal New Principal Principal Interest 1-Jul-20 Loans Repayments Outstanding Repayments Adopted Adopted Adopted Interest Maturity Particulars YTD Actual YTD Budget Budget YTD Actual Budget YTD Actual YTD Budget Budget Rate Date $ $ $ $ $ $ $ $ 129 Scouts S/Supporting 13,388 1,749 1,749 3,550 11,639 9,838 43 43 715 5.84% 21-Jul-23
131 Visitors Centre 69,579 0 0 33,608 69,579 35,971 0 0 4,794 6.91% 28-Jun-22
142 Lionsville 383,613 0 0 29,782 383,613 353,831 0 0 28,217 6.88% 12-Nov-29
143 Airport 36,636 0 0 6,453 36,636 30,183 0 0 2,451 6.26% 30-Jun-25
147 Recreation - Football Clubrooms 146,810 0 0 10,894 146,810 135,916 0 0 10,180 6.37% 30-Jun-30
152 Purchase Reserve 27101 289,934 0 0 19,232 289,934 270,702 0 0 19,192 6.04% 30-Jun-31
156 Purchase Rubbish Truck 54,868 0 0 54,868 54,868 0 0 0 1,649 3.70% 16-May-21
157 Riverside Club S/Supporting 381,724 0 0 18,499 381,724 363,225 0 0 14,869 3.80% 12-May-36
159 Riverside Club Stage 1 425,274 9,960 9,960 20,075 415,314 405,199 6,613 6,613 15,718 3.11% 13-Aug-36
158 Purchase Lot 228, Reserve 18587 309,606 0 0 48,204 309,606 261,402 0 0 9,985 2.70% 01-Jun-26
2,111,432 0 11,709 11,709 245,165 2,099,723 1,866,268 6,656 6,656 107,771 No new debentures were raised during the reporting period.
9 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020 Note 8: GRANTS AND CONTRIBUTIONS
Program/Details Grant Provider Approval 2020-2021 Variations Operating Capital Recoup Status GL Adopted Additions Received Not Received Budget (Deletions) (Y/N) $ $ $ $ $ $ GENERAL PURPOSE FUNDING Grants Commission - General WALGGC Y 275,769 0 275,769 0 71,131 204,638 Grants Commission - Roads WALGGC Y 220,643 0 220,643 0 57,003 163,640 Pens Deferred Rates Int Grant Office of State Revenue Y 550 0 550 0 550 GOVERNANCE Grants Governance Dept. of Communities Y 700 0 700 0 0 700 LAW, ORDER, PUBLIC SAFETY Grant - Bushfire Risk Management Planning ProgramDept. of Fire & Emergency Serv. Y 565,880 0 565,880 0 25,600 540,280 Operating Bush Fire Brigade Dept. of Fire & Emergency Serv. Y 173,596 0 173,596 0 42,920 130,676 Operating SES Dept. of Fire & Emergency Serv. Y 17,300 0 17,300 0 4,813 12,488 EDUCATION AND WELFARE Grant - Denmark Youth Festival Dept. of Communities Y 6,000 0 6,000 0 0 6,000 Income - Youth Support Service Dept. of Communities Y 30,704 0 30,704 0 7,804 22,900 COMMUNITY AMENITIES Grant - Drought Reelief Funding Federal Funding Y 250,000 0 0 250,000 0 250,000 Grant - Sustainability Projects - Works South Coast Natural Resource Mgmt Y 0 0 0 0 1,000 0 RECREATION AND CULTURE Grants - Halls and Civic Centre LotteryWest & DFES Funding Y 90,000 0 0 90,000 0 90,000 Grant - Drought Reelief Funding Federal Funding Y 49,333 0 0 49,333 0 49,333 Grant - Dept.& Recreation Dept Sport & Recreation Y 8,000 0 8,000 0 0 8,000 TRANSPORT Grant - MRWA Direct Main Roads WA Y 120,000 0 120,000 0 120,035 0 Grant - Roadwise Group Main Roads WA Y 500 0 500 0 400 100 Commodity Routes Supplementary Funding (ex TIRES)Main Roads WA Y 208,000 0 0 208,000 0 208,000 MRWA Project Grants Main Roads WA Y 1,359,332 0 0 1,359,332 0 1,359,332 Grant - Community Infrastruture Federal Funding Y 349,937 0 0 349,937 0 349,937 Grant - Specific Bridges Main Roads WA Y 1,080,000 0 0 1,080,000 0 1,080,000 Grant - MRWA Blackspot Main Roads WA Y 87,333 0 0 87,333 0 87,333 Grant - Roads to Recovery Roads to Recovery Y 1,206,000 0 0 1,206,000 0 1,206,000 Grant - Drought Reelief Funding Federal Funding Y 700,667 0 0 700,667 0 700,667 ECONOMIC SERVICES Grants - Tourism and Area Promotion DPIRD Y 10,000 0 10,000 0 0 10,000 TOTALS 6,810,244 0 1,429,642 5,380,602 330,705 6,480,574
Adopted Budget Amended Budget YTD Actual Operating 1,429,642 1,429,642 330,705 Non-operating 5,380,602 5,380,602 0 6,810,244 6,810,244 330,705
10 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020
Note 9: TRUST FUND
Funds held at balance date over which the Shire has no control and which are not included in this statement are as follows:
Opening Closing Balance Balance Amount Amount Description 1-Jul-20 Received Paid 31-Aug-20 $ $ $ Police Licensing (0) 194,549 (194,549) (0) Bush Fire Command & Support Vehicle 0 0 0 0 Public Open Space Contributions 0 0 0 0 Parks & Trails Bond 850 0 0 850 Councillor Election Nomination Fees 0 0 0 0 850 194,549 (194,549) 850
11 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020 Note 10: CAPITAL ACQUISITIONS Current Annual Current YTD Purchase Orders Total YTD Variance (Over) Assets Budget Budget YTD Actual Outstanding Committed Under Land and Buildings Community Amenities Construction - Lights Beach Rota Loo 50153 250,000 0 0 0 0 0 Recreation And Culture 0 Plane Tree Precinct 50210 180,000 54,000 52,421 54,132 106,553 1,579 Total Land and Buildings 430,000 54,000 52,421 54,132 106,553 1,579 Plant and Equipment Law, Order And Public Safety Plant - Rangers Vehicle 1531054 65,000 0 0 64,909 64,909 0 Community Amenities 0 Container Deposit Scheme - McIntosh Road Transfer Station 53003 70,000 35,000 26,960 18,523 45,483 8,040 Recreation And Culture 0 Purchase Plant - Recreation (Mower) 1131054 52,000 0 0 50,000 50,000 0 Transport 0 Purchase of Plant 1231054 420,000 0 0 137,835 137,835 0 Total Plant and Equipment 607,000 35,000 26,960 271,267 298,227 8,040 Roads Infrastructure (including Bridges) Transport Upgrade Community Infrastructure 51600 349,937 0 0 0 0 0 Council Construction - Rail Trail Bridge 50040 200,000 0 0 3,330 3,330 0 Council Construction - Drainage Renewal 50030 50,000 0 0 0 0 0 Council Construction - Praed Lane Roadworks 50100 70,000 0 0 0 0 0 Council Construction - Lights Beach Carpark 50110 484,000 0 14,310 8,301 22,611 (14,310) Council Construction - CBD Carparks Upgrades 50080 10,000 0 0 0 0 0 Council Construction - Access Road & Carpark - Denmark Men's Shed 50090 15,000 0 0 0 0 0 MRWA Project - McLeod Road 50360 126,000 0 0 0 0 0 MRWA Project - Valley of the Giants Road 50361 232,000 0 0 0 0 0 MRWA Project - Peaceful Bay Road 50362 650,000 0 8,225 27,730 35,955 (8,225) MRWA Project - Hazelvale Road 50363 335,000 0 3,950 0 3,950 (3,950) MRWA Project - Mount Shadforth Road 50364 429,000 0 0 0 0 0 MRWA Project - Scotsdale Road 50365 267,000 0 0 0 0 0 Blackspot - Realign Mt Shadforth/Sunrise Rise Intersection 50625 59,000 0 0 0 0 0 Blackspot - Inlet Drive/Crelin Street Intersection 50626 72,000 0 78 0 78 (78) Comm Route - Gravel Resheet Limbourne Road 50325 312,000 0 0 0 0 0 MRWA Specific Project - Nornalup Road Bridge No. 5249 50516 90,000 0 0 0 0 0 MRWA Specific Project - Nornalup Road Bridge No. 5250 50517 90,000 0 0 0 0 0 MRWA Specific Project - Churchill Road Bridge No. 4942 50518 1,500,000 0 0 0 0 0 Denmark East Development Project - East River West (Widen & Reseal) 51526 200,000 0 0 0 0 0 Denmark East Development Project - Lot 3 Earthworks 51527 350,000 0 0 0 0 0 Total Roads Infrastructure 5,890,937 0 26,778 39,361 66,139 (26,778) Other Infrastructure Community Amenities Cemetery - Upgrades to Grounds 51126 25,000 0 2,791 45 2,836 (2,791) Recreation And Culture Lights Beach Upgrade - Stair Decking & Handrails 60000 50,000 0 0 0 0 0 Nornalup Jetty Upgrade 60100 25,000 0 0 0 0 0 Total Other Infrastructure 100,000 0 2,791 45 2,836 (2,791) Summary of Capital Acquisitions Land and Buildings 430,000 54,000 52,421 54,132 106,553 1,579 Plant and Equipment 607,000 35,000 26,960 271,267 298,227 8,040 Furniture and Equipment 0 0 0 0 0 0 Roads Infrastructure (including Bridges) 5,890,937 0 26,778 39,361 66,139 (26,778) Other Infrastructure 100,000 0 2,791 45 2,836 (2,791)
Capital Expenditure Total 7,027,937 89,000 108,949 364,805 473,754 (19,949) % Completed 1.55% Actual 6.74% Committed SHIRE OF DENMARK STATEMENT OF CAPITAL ACQUSITIONS AND CAPITAL FUNDING For the period ending 31 August 2020
Note 10 (a): CAPITAL ACQUISITIONS and FUNDING
Adopted Annual Capital Acquisitions Note YTD Actual Total YTD Budget Budget Variance (a) (b) 2020-2021 (b) - (a) $ $ $ $ Land and Buildings 10 52,421 54,000 430,000 (1,579)
Plant and Equipment 10 26,960 35,000 607,000 (8,040)
Furniture and Equipment 10 0 0 0 0
Roads Infrastructure (including Bridges) 10 26,778 0 5,890,937 26,778
Bridges 10 0 0 0 0
Parks, Garden and Reserves 10 0 0 0 0
Footpaths and Cycleways 10 0 0 0 0
Other Infrastructure 10 2,791 0 100,000 2,791 Capital Expenditure Totals 108,949 89,000 7,027,937 19,949 Funded By:
Capital Grants and Contributions 0 0 5,380,602 0
Borrowings 0 0 0 0
Other (Disposals & C/Fwd) 0 0 117,000 0
Total Own Source Funding - Cash Backed Reserves 156,292 156,292 898,000 0
Own Source Funding - Operations (47,343) (67,292) 632,335 19,949 Capital Funding Total 108,949 89,000 7,027,937 19,949
Comments and graphs
Capital Expenditure Program YTD
Other Infrastructure YTD Actual Total
Footpaths and Cycleways YTD Budget
Parks, Garden and Reserves
Bridges
Roads Infrastructure (including Bridges)
Furniture and Equipment
Plant and Equipment
Land and Buildings
$0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000
13 SHIRE OF DENMARK NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY For the period ending 31 August 2020 Note 11: CAPITAL DISPOSALS
Current Budget Actual YTD Profit/(Loss) of Asset Disposal
Disposals Adopted Annual Profit Budget Net Value Proceeds (Loss) Profit/(Loss) Actual Profit/(Loss) Variance Comments $ $ $ $ $ $ Plant and Equipment 0 0 0 Replacement Dual Cab Utility - Ranger Services - DE 7 16,000 0 (16,000) not yet transacted 0 0 0 Replacement Front Mount Ride on Mower 1,000 0 (1,000) not yet transacted 0 0 0 Replacement GW 470 Truck - DE 10862 17,000 0 (17,000) not yet transacted 0 0 0 Purchase Pig Trailer for GW 470 Truck 0 0 0 not yet transacted 0 0 0 Replacement Cab Chasis Utility (Works) - DE 198 9,000 0 (9,000) not yet transacted 0 0 0 Replacement Dual Cab Utility - Civil Works Manager - DE 15 8,000 0 (8,000) not yet transacted 0 0 0 51,000 0 (51,000)
Comments - Capital Disposal/Replacements
14 Capital Works Forecast Expenditure
Capital Expenditure - Reporting Month Ending: September Forecast Forecast Account/ Job Current Budgeted Committed Project Variance Summary Totals to Date Order Value Status Comments Codes Annual Budget Month Ending Expenditure Completion Additional Expenditure Funds Law, Order & Public Safety $ 65,000 $ - $ - $ - $ - $ 65,000 $ - Plant Replacement - Rangers 1531054 $ 65,000 - $ - $ 65,000 $ - On Track
Community Amenities $ 345,000 $ 53,000 $ 62,016 $ 20,960 $ 82,977 $ 360,000 $ 15,000 Lights Beach Rota Loo 50153 $ 250,000 - $ - $ 250,000 $ - On Track Upgrades to Cemetery Grounds 51126 $ 25,000 - $ 91 $ 3,016 $ 3,107 $ 25,000 $ - On Track Waste Management - Container Deposit Scheme 53003 $ 70,000 $ 53,000 $ 61,926 $ 17,944 $ 79,870 $ 85,000 $ 15,000 Over budget Higher shed costs anticipated
Recreation & Culture $ 307,000 $ 81,000 $ 94,958 $ 26,172 $ 121,130 $ 322,000 $ 15,000 Lights Beach Upgrade - Stair Decking & Handrails 60000 $ 50,000 - $ - $ 50,000 $ - On Track Nornalup Jetty Upgrade 60100 $ 25,000 - $ - $ 25,000 $ - On Hold Awaiting outcomes for funding application to increase scope Plane Tree Precinct - Amphitheatre & Firewise Garden 50210 $ 180,000 $ 81,000 $ 94,958 $ 26,172 $ 121,130 $ 195,000 $ 15,000 Over budget Variations due to latent conditions Plant - Front Mount Ride on Mower 1131054 $ 52,000 - $ - $ 52,000 $ - On Track
Transport $ 6,310,937 $ 104,497 $ 34,068 $ 30,347 $ 64,415 $ 6,290,937 -$ 20,000 Denmark East Development Project - East River West - Widen & Reseal 51526 $ 200,000 - $ - $ 200,000 $ - On Hold Waiting GSDC Approval Denmark East - Lot 3 Earthworks 51527 $ 350,000 - $ - $ 350,000 $ - On Hold Waiting GSDC Approval Upgrade Community Infrastructure - Federal Grant Funding 51600 $ 349,937 - $ - $ 349,937 $ - Monitor Projects scope unconfirmed Reconstruction McLeod Road SLK 6.6 - 6.8 50360 $ 126,000 - $ - $ 126,000 $ - On Track Valley of the Giants Road SLK 6.17 - 9.30 50361 $ 232,000 - $ - $ 232,000 $ - On Track Peaceful Bay Road SLK 0.00 - 5.60 50362 $ 650,000 $ 26,000 $ 8,225 $ 27,730 $ 35,955 $ 650,000 $ - On Track Hazelvale Road SLK 10.95 - 12.24 50363 $ 335,000 $ 13,400 $ 3,950 $ - $ 3,950 $ 335,000 $ - On Track Mount Shadforth Road SLK 8.25 - 13.84 50364 $ 429,000 $ 25,737 $ - $ 429,000 $ - On Track Scotsdale Road SLK 28.13 - 31.38 50365 $ 267,000 - $ - $ 267,000 $ - On Track Blackspot - Pavement & Sealing - Mt Shadforth / Sunrise Rd Intersection 50625 $ 59,000 - $ - $ 59,000 $ - On Track Blackspot - Inlet Drive / Crelin Street Intersection 50626 $ 72,000 - $ 78 $ 78 $ 72,000 $ - On Track Comm Route - Gravel Resheet - Limbourne Rd SLK 4.15 - 6.48 50325 $ 312,000 - $ - $ 312,000 $ - On Track Nornalup Road Bridge No. 5249 50516 $ 90,000 - $ - $ 90,000 $ - On Track Nornalup Road Bridge No. 5250 50517 $ 90,000 - $ - $ 90,000 $ - On Track MRWA Specific Project Bridges - Churchill Road Bridge No. 4942 50518 $ 1,500,000 - $ - $ 1,500,000 $ - On Track Rail Trail Bridge 50040 $ 200,000 $ 20,000 $ 1,665 $ 1,665 $ 200,000 $ - On Track Drainage Renewal 50030 $ 50,000 - $ - $ 50,000 $ - On Track Access Road and Carpark - Denmark Men's Shed 50090 $ 15,000 - $ - $ 15,000 $ - On Track Praed Lane Roadworks 50100 $ 70,000 - $ - $ 70,000 $ - On Track Lights Beach Carpark 50110 $ 484,000 $ 19,360 $ 20,151 $ 2,617 $ 22,768 $ 484,000 $ - On Track Road Renewal - CBD all abilities car park upgrades 50080 $ 10,000 - $ - $ 10,000 $ - On Track Plant Replacement - Transport 1231054 $ 420,000 - $ - $ 400,000 -$ 20,000 On Track
TOTALS $ 7,027,937 $ 238,497 $ 191,042 $ 77,479 $ 268,521 $ 7,037,937 $ 10,000
SHIRE OF DENMARK SUMMARY OF ACCOUNTS AS AT 30 SEPTEMBER 2020
FUND AMOUNT
MUNICIPAL EFT 28444 - 28633 775,865.77 CHQ 60388 - 60393 6,797.81
DIRECT PAYMENTS PAYROLL 375,131.93 CREDITORS 10,083.86
LOAN REPAYMENTS 0.00
CREDIT CARD PAYMENT - SEPTEMBER 2020 2,085.91 (Acting) Chief Executive Officer 57.98 Director Assets & Sustainable Development 12.30 (Acting) Director Corporate & Community Services 1,962.72 Interest & Other Charges 52.91
TRANSPORT REMITTANCES 95,564.70 TOTAL $1,265,529.98
PAYROLL DATE NAME DESCRIPTION AMOUNT 10/09/2020 SHIRE OF DENMARK - PAYROLL DIRECT DEBIT OF NET PAYS 158,343.44 24/09/2020 SHIRE OF DENMARK - PAYROLL DIRECT DEBIT OF NET PAYS 153,897.33 SHIRE OF DENMARK - SUPERANNUATION CLICK SUPER DEDUCTIONS 62,891.16 $375,131.93
LOAN REPAYMENTS DATE NAME AMOUNT Nil 0.00 $0.00
20 October 2020 - Attachment 8.2.2 LIST OF ACCOUNTS SUBMITTED FOR 20 OCTOBER 2020 FOR MUNICIPAL FUND
EFT # Date Name Description Amount EFT28444 03/09/2020 ALBANY SECURITY SUPPLIES KEYED PADLOCKS 260.00 EFT28445 03/09/2020 ANDIMAPS ANNUAL CONTRIBUTION FOR 2020-21 EDITION OF DENMARK STREET GUIDE 600.00 EFT28446 03/09/2020 ARROW BRONZE PLAQUE COSTS - MEMORIAL TREES (100% RECOVERABLE) 303.87 EFT28447 03/09/2020 ATC WORK SMART TRAINEESHIP HOURS FOR A HEARN, K LUFF & N BAHR-PIKE 09/08/20 TO 22/08/20 576.25 EFT28448 03/09/2020 GREAT SOUTHERN INDUSTRIAL SIGNAGE GREEN PROPERTY NUMBER SIGN A3547 20.00 EFT28449 03/09/2020 CAFE CORPORATE REPLACEMENT PART FOR COFFEE MACHINE 71.39 EFT28450 03/09/2020 CARL DUSENBERG GARDENING SERVICES INSTALLATION OF ACCESS GATE AT PARRYS BEACH SALMON CAMP 792.00 EFT28451 03/09/2020 CHERALYNNE CLARKE TRAVEL CLAIM - LG INDUSTRY AWARD 2020 COURSE 20/08/20; REIMBURSEMENT FOR DETAILING OF DE 87 242.28 EFT28452 03/09/2020 CITY OF ALBANY WASTE DISPOSAL FEES TO HANRAHAN RD TIP, CITY OF ALBANY - JULY 2020 23,164.60 EFT28453 03/09/2020 CLEANAWAY PTY LTD RECYCLING CONTRACT - DENMARK & PEACEFUL BAY TOWN SITES AND DWMRF - JULY 2020 25,506.99 EFT28454 03/09/2020 CONPLANT PTY LTD PARTS FOR PLANT MAINTENANCE 363.00 EFT28455 03/09/2020 DENMARK AIRPORT ASSOCIATION REIMBURSEMENT FOR PURCHASE OF ANEMOMETER, MOWER FUEL, SAFETY LETTERING FOR AIRPORT 297.00 EFT28456 03/09/2020 DENMARK IGA X-PRESS GENERAL GROCERY PURCHASES - AUGUST 2020 197.71 EFT28457 03/09/2020 ELGAS SUPPLY OF GAS CYLINDERS - PARRYS CAMPGROUND BBQ & CARETAKER COTTAGE 342.00 EFT28458 03/09/2020 GRAEME PARKES CONTRACT CLEANING & MAINTENANCE OF NORNALUP (SETTLERS PARK) TOILETS, PUMP AND ATU - AUGUST 2020 700.00 EFT28459 03/09/2020 HYPERSTAGE SEATING RETRACTION AT CIVIC CENTRE 125.00 EFT28460 03/09/2020 JAKE MARGETTS REFUND OF DENMARK REC CENTRE A/HRS FOB KEY BOND 45.00 EFT28461 03/09/2020 OCEAN BEACH HOME & GARDEN MOWING AND WHIPPING VERGE AND FOOTPATH ALONG SCOTSDALE RD NEAR OLD AND NEW HOSPITAL 280.00 EFT28462 03/09/2020 OUTPOST CENTRAL PTY LTD ANNUAL SUBSCRIPTION FEE - OUTPOST CENTRAL WATER DATA LOGGERS ONLINE PLATFORM ACCESS 2020/2021 118.80 EFT28463 03/09/2020 PHILIP CONRY CONTRACT CLEANING OF PEACEFUL BAY BEACH & PLAYGROUND TOILETS - AUGUST 2020 447.30 EFT28464 03/09/2020 POWLEY ELECTRICAL INSPECTION OF SECURITY LIGHTS FAULTING AT DENMARK RECREATION CENTRE 99.00 EFT28465 03/09/2020 SOUTH COAST ALLIANCE INC MEMBERSHIP CONTRIBUTION & ONE-OFF CONTRIBUTION FOR SUPPORT AMAZING SOUTH COAST TOURISM 52,778.00 EFT28466 03/09/2020 STATE LIBRARY OF WESTERN AUSTRALIA DELIVERY OF BETTER BEGINNINGS PROGRAM 2020/2021 291.50 EFT28467 03/09/2020 SYNERGY STREET LIGHTING AND POWER CONSUMPTION (VARIOUS METERS/LOCATIONS) 10,532.57 EFT28468 03/09/2020 TIM PALMER MINI DIGGER HIRE MINI EXCAVATOR HIRE FOR DRAINAGE WORKS (VARIOUS LOCATIONS) 4-7 AUGUST & 10-13 AUGUST 2020 2,000.00 EFT28469 03/09/2020 TRUCK CENTRE (WA) AIR CONDITIONER CONDENSOR ASSEMBLY FOR DE 935; REPAIRS TO HINO TRUCK 4,449.65 EFT28470 03/09/2020 VANCOUVER WASTE SERVICES TRANSPORT AND RENTAL OF HOOK LIFT BINS FROM PEACEFUL BAY LANDFILL 1,169.00 EFT28471 03/09/2020 WINTHROP AUSTRALIA SUPPLY IT EQUIPMENT 2,520.34 EFT28472 10/09/2020 ALAN GORDON HARDIE SHILLING RATES REFUND A2093 755.06 EFT28473 10/09/2020 ALBANY LOCK SERVICE SUPPLY AND INSTALLATION OF BURGLARY & FIRE SAFE WITH DIGITAL LOCK UPGRADE 2,643.00 EFT28474 10/09/2020 ALBANY OFFICE PRODUCTS DEPOT 4 DRAWER PEDESTAL, THERMAL BINDING MACHINE & GENERAL STATIONERY PURCHASES FOR AUGUST 2020 1,922.54 EFT28475 10/09/2020 ALBANY RECORDS MANAGEMENT MONTHLY FEES FOR STORAGE OF ARCHIVE BOXES 240.02 EFT28476 10/09/2020 ALBANY SIGNS DOMESTIC & COMMERCIAL KERBSIDE RUBBISH SERVICE IDENTIFICATION STICKERS 75.90 EFT28477 10/09/2020 ALBANY TOYOTA 18 MONTH 30,000KM SERVICE OF TOYOTA HILUX DE 6226 634.93 EFT28478 10/09/2020 AMPAC DEBT RECOVERY (WA) PTY LTD RATES DEBT RECOVERY FEES (A1582) 27.50 EFT28479 10/09/2020 AUSTRALIA POST (POST BILLPAY) POST BILL PAY FEES - AUGUST 2020 283.55 EFT28480 10/09/2020 AUSTRALIAN TAXATION OFFICE (PAYG) PAYROLL DEDUCTIONS 53,056.34 EFT28481 10/09/2020 BEST ELECTRICAL ALBANY PTY LTD REPAIRS TO MCLEAN PARK GAS BBQ'S - IGNITION FAULT 144.00 EFT28482 10/09/2020 BCITF BUILDING & CONSTRUCTION INDUSTRY TRAINING LEVY - AUGUST 2020 2,389.40 EFT28483 10/09/2020 DEBORAH ANNE DEVITT STAFF RENTAL PAYMENT FOR 09/09/2020 - 42 BRAZIER ST, DENMARK 700.00 EFT28484 10/09/2020 DENMARK BULLETIN VARIOUS ADVERTISEMENTS & PUBLIC NOTICES - EDITION 1015 03/09/20 2,016.00 EFT28485 10/09/2020 DENMARK VETERINARY CLINIC MICROCHIPPING OF IMPOUNDED DOG NO. 202003 (RECOVERABLE FROM OWNER) 50.00 EFT28486 10/09/2020 DMIRS BUILDING SERVICES LEVY - AUGUST 2020 2,631.53
Page 2 of 6 LIST OF ACCOUNTS SUBMITTED FOR 20 OCTOBER 2020 FOR MUNICIPAL FUND
EFT28487 10/09/2020 DEPARTMENT OF TRANSPORT DISCLOSURE OF INFORMATION FEES - AUGUST 2020 3.40 EFT28488 10/09/2020 DEPUTY.COM MONTHLY SUBSCRIPTION - RECREATION SERVICES ROSTERING & COMMUNICATION BASED PLATFORM 44.00 EFT28489 10/09/2020 E-STRALIAN PTY LTD STAFF E-BIKE LEASE PAYMENTS FOR PAY PERIOD ENDING 11/09/20 202.59 EFT28490 10/09/2020 EASISALARY PTY LTD (EASIGROUP) STAFF NOVATED LEASE PAYMENTS FOR PAY PERIOD ENDING 11/09/20 3,213.20 EFT28491 10/09/2020 ELDERS ALBANY GLYPHOSATE 450 (20L x 40) AND METSULFURON 600 WG (500G x 10) 4,312.00 EFT28492 10/09/2020 ENVISIONWARE PTY LTD ENVISIONWARE ANNUAL MAINTENANCE RENEWAL - PC RESERVATION SLE SUITE WITH 6 CLIENTS 353.12 EFT28493 10/09/2020 EPIC POOLZ CLAIM # 6 - PLANE TREE PRECINCT - STRUCTURAL & LANDSCAPING WORKS TEN.2.1920 57,453.00 EFT28494 10/09/2020 GATEWAY SETTLEMENTS TRUST ACCOUNT RATES REFUND A541 100.73 EFT28495 10/09/2020 HEALTH INSURANCE FUND OF WA PAYROLL DEDUCTIONS 359.60 EFT28496 10/09/2020 I SWEEP SWEEPING OF TOWN SEALED ROADS, FOOTPATHS AND CAR PARKS 11/08/20 TO 17/08/20 (75 HRS @ $148.50/HR) 11,137.50 EFT28497 10/09/2020 JASON SIGNMAKERS VARIOUS SIGNAGE/DIRECTIONAL SIGNAGE 568.14 EFT28498 10/09/2020 OCEAN BEACH HOME & GARDEN CONTRACT CLEANING OF PUBLIC AMENITIES 10/08/20 TO 28/08/20; MOWING OF OLD & NEW HOSPITAL VERGE 3,974.92 EFT28499 10/09/2020 KATHY BLAIR REIMBURSEMENT FOR POLICE CLEARANCE ON COMMENCEMENT OF EMPLOYMENT 55.80 EFT28500 10/09/2020 KESTON ECONOMICS PTY LTD BBRF SUBMISSION FOR OCEAN BEACH RECREATIONAL PRECINCT - 40% PROGRESS PAYMENT ON COMMENCEMENT 3,581.60 EFT28501 10/09/2020 LANDGATE CUSTOMISED DATA EXTRACT OF LEASES ASSOCIATED WITH DP220017 630.20 EFT28502 10/09/2020 LEARNING WITH TECHNOLOGIES SUPPLY IT EQUIPMENT 236.50 EFT28503 10/09/2020 MARSHALL APPLIANCE SERVICE 2 X NEW FIRE FIGHTING PUMP UNITS 1,798.00 EFT28504 10/09/2020 NAUTILUS PLUMBING REPAIRS TO PEACEFUL BAY PLAYGROUND TOILET 162.80 EFT28505 10/09/2020 NIGEL PALMER EARTHMOVING PTY LTD HARDY ST DRAINAGE WORKS 16,810.75 EFT28506 10/09/2020 OCEAN BEACH ELECTRICAL DISCONNECT FAULTY FRONT ENTRANCE SENSOR LIGHT AT REC CENTRE AND INSTALL NEW SENSOR 314.05 EFT28507 10/09/2020 PLANNING INSTITUTE AUSTRALIA REGISTRATION FEE FOR PLANET 2020 - CRAIG PURSEY 290.00 EFT28508 10/09/2020 RANBUILD GREAT SOUTHERN AMOUNT PAYABLE FOR CONCRETE SLAB AS PER QUOTE 18382 - SHED FOR CONTAINER DEPOSIT SCHEME 13,695.00 EFT28509 10/09/2020 SOUTH REGIONAL TAFE - ALBANY CAMPUS CHAINSAW TRAINING - CORI JACKSON, BRETT ANGELINOVICH, BOHDAN DAVIES 245.10 EFT28510 10/09/2020 SPRINGDALE PLUMBING & GAS PLUMBING REPAIRS AT OCEAN BEACH FEMALE TOILETS & KWOORABUP PARK (BURST WATER PIPE) 983.40 EFT28511 10/09/2020 ST JOHN AMBULANCE ASSOC DENMARK 2 X SNAKE BITE KITS AND SPLINTS FOR RANGER VEHICLES 40.00 EFT28512 10/09/2020 TOLL TRANSPORT PTY LTD VARIOUS FREIGHT CHARGES 474.61 EFT28513 10/09/2020 TYREPOWER DENMARK SUPPLY AND FIT 4 TYRES FOR ROLLER DE 7333 2,800.00 EFT28514 10/09/2020 WALPOLE COMMUNITY RESOURCE CENTRE VARIOUS ADVERTISEMENTS & PUBLIC NOTICES IN WALPOLE WEEKLY 05/08/20 & 12/08/20 EDITIONS 570.00 EFT28515 10/09/2020 WALGA MEETING PROCEDURES SHORT COURSE (ONLINE) 01/09/20 - CR OSBORNE 450.00 EFT28516 10/09/2020 WINTHROP AUSTRALIA SUPPLY IT EQUIPMENT 116.44 EFT28517 17/09/2020 ABODE LAWN & GARDEN SERVICE MOWING AND WHIPPING MAINTENANCE TO MACPHERSON DRIVE & SETTLERS PARK, NORNALUP 176.00 EFT28518 17/09/2020 ALBANY AIR & ALBANY REFRIGERATION REPLACEMENT FILTERS & DIFFUSERS AND QUARTERLY MAINTENANCE OF ADMIN BUILDING AIR-CON 1,780.00 EFT28519 17/09/2020 ALBANY IRRIGATION & DRILLING REPAIRS TO NORNALUP BORE PUMP THEN INSTALLATION OF NEW PRESSURE PUMP AND ASSOCIATED HARDWARE 2,679.08 EFT28520 17/09/2020 ALBANY OFFICE PRODUCTS DEPOT ERGONOMIC OFFICE CHAIR AND MISCELLANEOUS STATIONERY FOR DEPOT 540.80 EFT28521 17/09/2020 ARROW BRONZE PLAQUE COSTS (RECOVERABLE) 536.14 EFT28522 17/09/2020 ATC WORK SMART TRAINEESHIP HOURS FOR A HEARN, K LUFF & N BAHR-PIKE 22/08/20 TO 05/09/20 576.25 EFT28523 17/09/2020 AUSTRALIA POST (GENERAL POSTAGE) POSTAGE OF 2020/2021 RATES NOTICES & GENERAL POSTAGE ACCOUNT FOR AUGUST 2020 4,259.88 EFT28524 17/09/2020 ACMA APPARATUS LICENCE RENEWAL - LICENCE # 264094/1 (WORKS TWO WAY REPEATER) 114.00 EFT28525 17/09/2020 GREAT SOUTHERN INDUSTRIAL SIGNAGE GREEN PROPERTY NUMBER SIGNS FOR A5838, A5840 & A5841 60.00 EFT28526 17/09/2020 BLOOMIN FLOWERS WREATH - US SUBMARINERS MEMORIAL SERVICE 28 AUGUST 2020 85.00 EFT28527 17/09/2020 CARDIA BIOPLASTICS CARTONS OF COMPOSTABLE BIODEGRADABLE DOG WASTE BAGS 1,090.08 EFT28528 17/09/2020 CEMETERIES & CREMATORIA ASSOC OF WA CCAWA ANNUAL MEMBERSHIP RENEWAL 2020/2021 125.00 EFT28529 17/09/2020 CHILDREN'S BOOK COUNCIL OF AUSTRALIA PURCHASE OF CHILDREN'S BOOK WEEK MERCHANDISE 33.00 EFT28530 17/09/2020 CLAUDIA SIMPSON REIMBURSEMENT FOR BOARD GAMES PURCHASED FOR YOUTH ACTIVITIES 30.65
Page 3 of 6 LIST OF ACCOUNTS SUBMITTED FOR 20 OCTOBER 2020 FOR MUNICIPAL FUND
EFT28531 17/09/2020 COATES HIRE HIRE OF PORTALOOS AT DENMARK HIGH SCHOOL OVAL FOR SPORTING GROUP USE 12/08/20 TO 25/08/20 645.93 EFT28532 17/09/2020 CORNELL PTY LTD T/AS PROSORT PROSORT STANDARD BENCH AND BIN LIFTER SHUTTLE FOR CONTAINER DEPOSIT SCHEME 4,994.00 EFT28533 17/09/2020 CORSIGN WA PTY LTD ASSORTED SIGNAGE 1,872.20 EFT28534 17/09/2020 DEBORAH ANNE DEVITT STAFF RENTAL PAYMENT FOR 23/09/20 - 42 BRAZIER ST, DENMARK 700.00 EFT28535 17/09/2020 DENMARK BAKERY CATERING FOR VARIOUS MEETINGS - AUGUST 2020 735.00 EFT28536 17/09/2020 DENMARK BULLETIN PUBLIC NOTICE - EDITION 1015 03/09/20 350.00 EFT28537 17/09/2020 DENMARK COMMUNITY RESOURCE CENTRE MEETING ROOM HIRE & CATERING 25/08/20 78.00 EFT28538 17/09/2020 DENMARK COOP DENMARK CO-OP ACCOUNT - AUGUST 2020 1,092.47 EFT28539 17/09/2020 DENMARK COUNTRY CLUB INC REFUND OF PERMANENT COMMUNITY BUS BOND - SERVICE NO LONGER AVAILABLE 300.00 EFT28540 17/09/2020 DENMARK LEGAL LEGAL FEES - VARIOUS PROJECTS - PREPARATION OF LEASES AND LAND TRANSFER DOCUMENTATION 6,536.58 EFT28541 17/09/2020 DENMARK TRANSPORT FREIGHT CHARGE FOR TABLE TENNIS TABLES PERTH TO DENMARK 220.00 EFT28542 17/09/2020 DEPT OF FIRE & EMERGENCY SERVICES ESLB 1ST QUARTER CONTRIBUTION 2020/2021 111,146.13 EFT28543 17/09/2020 FPA AUSTRALIA BPAD ACCREDITATION LEVEL 1 ANNUAL FEE 2020/2021 - MANAGER SUSTAINABLE DEVELOPMENT 895.00 EFT28544 17/09/2020 GATEWAY SETTLEMENTS TRUST ACCOUNT RATES REFUND A2688 738.87 EFT28545 17/09/2020 GREAT SOUTHERN FUEL SUPPLIES BULK PURCHASE OF DIESEL - AUGUST 2020 14,573.94 EFT28546 17/09/2020 GREAT SOUTHERN WINDOWS AND GLASS FINAL PAYMENT (70%) - INSTALLATION OF WINDOWS FOR PARRY BEACH CARETAKER COTTAGE 4,174.95 EFT28547 17/09/2020 IT VISION CONFIGURATION, IMPORTING & TRAINING (2 HRS) - SYNERGYSOFT CEMETERIES MODULE 530.20 EFT28548 17/09/2020 JUDY AND ALEKSANDAR SAVIC TRAVEL & ACCOMMODATION CLAIM - REPORT WRITING FOR LOCAL GOVERNMENT WORKSHOP 27-28 AUGUST 2020 480.35 EFT28549 17/09/2020 KIM TOMLINSON COUNSELLING EAP COUNSELLING FOR AN EMPLOYEE'S IMMEDIATE FAMILY MEMBER (SESSIONS 4 & 5) 14/08/20 & 27/08/20 300.00 EFT28550 17/09/2020 LG PROFESSIONALS AUSTRALIA WA REGISTRATION FOR REPORT WRITING FOR LOCAL GOVERNMENT WORKSHOP 27-28 AUGUST 2020 - J SAVIC 773.50 EFT28551 17/09/2020 MARK WILLIAM & JOANNE PROUDFOOT RATE REFUND A4136 335.17 EFT28552 17/09/2020 MARKETFORCE EMPLOYMENT ADS IN THE ALBANY ADVERTISER FOR CIVIL ENGINEERING OFFICER & MGR WASTE & RESERVES 1,083.28 EFT28553 17/09/2020 MESSAGE MEDIA SMS MESSAGING SERVICE - CHILL OUT FRIDAY NIGHT GAMES - 31 AUGUST 2020 105.81 EFT28554 17/09/2020 MORRISON'S DENMARK NEWSAGENCY NEWSPAPER & LIBRARY SUBSCRIPTIONS - AUGUST 2020 113.82 EFT28555 17/09/2020 NETLINK GROUP PTY LTD MITEL PHONE SYSTEM - MIVOICE BUSINESS SECURITY CERTIFICATE UPDATE PATCH 511.50 EFT28556 17/09/2020 OFFICEWORKS BUSINESSDIRECT IPAD 7TH GEN 128GB / CONSUMABLES FOR ADMIN BLDG 1,287.17 EFT28557 17/09/2020 PARKS AND LEISURE AUSTRALIA REGISTRATION FOR 2020 PARKS & LEISURE AUSTRALIA NATIONAL CONFERENCE 26-27 OCT 2020 - D SCHWARZBACH 275.00 EFT28558 17/09/2020 POWLEY ELECTRICAL REPAIR TO MCLEAN OVAL LIGHT CAUSED BY AGE AND ANT INFESTATION 997.10 EFT28559 17/09/2020 RANBUILD GREAT SOUTHERN AMOUNT PAYABLE FOR DELIVERY OF KIT AS PER QUOTE 18382 - SHED FOR CONTAINER DEPOSIT SCHEME 15,961.00 EFT28560 17/09/2020 RILEY SAVIC REIMBURSEMENT FOR WORKING WITH CHILDREN APPLICATION 87.00 EFT28561 17/09/2020 ROBERT OHLE FUEL REIMBURSEMENT 16/09/20 FOR DE 992 - SG FLEET BP FUEL CARD NOT WORKING 53.25 EFT28562 17/09/2020 SOUTH COAST ENVIRONMENT GROUP MONTHLY PEACEFUL BAY WASTE FACILITY MANAGEMENT FEES - JULY & AUGUST 2020 6,948.00 EFT28563 17/09/2020 SPRINGDALE PLUMBING & GAS REPAIRS TO PARRYS CARETAKERS COTTAGE GAS FRIDGE 749.65 EFT28564 17/09/2020 STANTEC AUSTRALIA PTY LTD PROGRESS CLAIMS - LIGHTS BEACH UPGRADE PROJECT & GEOTECHNICAL INVESTIGATION P/FUL BAY ROAD 10,132.10 EFT28565 17/09/2020 SYNERGY STREET LIGHTING 25/07/20 TO 24/08/20; SPIRIT OF PLAY POWER CONSUMPTION 7,008.54 EFT28566 17/09/2020 THE BITS AND BYTES SHOP ONSITE IT SUPPORT FOR OFFICE 365 PROJECT - ACCOUNT TRANSFER 1,155.00 EFT28567 17/09/2020 TOLL TRANSPORT PTY LTD VARIOUS FREIGHT CHARGES 550.00 EFT28568 17/09/2020 TRUCK CENTRE (WA) PARTS FOR PLANT MAINTENANCE 357.85 EFT28569 17/09/2020 TYREPOWER DENMARK SUPPLY AND FIT 4 NEW TYRES TO DE 840 733.20 EFT28570 17/09/2020 WHOLLY LOCAL DENMARK CATERING FOR COUNCIL MEETING 15/09/20 (LUNCH & DINNER) AND SOUTH COAST ALLIANCE MEETING 01/09/20 750.00 EFT28571 17/09/2020 ZIPFORM PRINTING OF 2020/21 RATE NOTICES, ENVELOPES, PRESIDENTS LETTER & A4 COMMUNITY DEVELOPMENT FLYER 6,569.29 EFT28572 21/09/2020 AUSTRALIAN TAXATION OFFICE (BAS ONLY) GST BAS AUGUST 2020, DIESEL FUEL REBATE AUGUST 2020 48,563.00 EFT28573 23/09/2020 AIR LIQUIDE AUSTRALIA LTD ACETYLENE CYLINDER & DELIVERY 95.92 EFT28574 23/09/2020 ALBANY LAWN GAMES HIRE LAWN GAMES DAY HIRE PACKAGE AND ARCADE GAME MACHINE HIRE FOR YOUTH ACTIVITY 150.00
Page 4 of 6 LIST OF ACCOUNTS SUBMITTED FOR 20 OCTOBER 2020 FOR MUNICIPAL FUND
EFT28575 23/09/2020 BATMAN TABLE TENNIS SUPPLIES 3 X TABLE TENNIS TABLES FOR REC CENTRE 1,600.00 EFT28576 23/09/2020 BLACKWOODS ASSORTED PPE AND CONSUMABLES 413.65 EFT28577 23/09/2020 CAROL BRADBURY REIMBURSEMENT FOR POLICE CLEARANCE ON COMMENCEMENT OF EMPLOYMENT 52.00 EFT28578 23/09/2020 CEINWEN MARY GEARON 1ST QUARTER FEES 2020/2021 6,361.25 EFT28579 23/09/2020 CHRISTINE PARLEVLIET REIMBURSEMENT FOR POLICE CLEARANCE AND WWC APPLICATION ON COMMENCEMENT OF EMPLOYMENT 142.80 EFT28580 23/09/2020 CITY OF ALBANY WASTE DISPOSAL FEES TO HANRAHAN RD TIP, CITY OF ALBANY - AUGUST 2020 15,320.80 EFT28581 23/09/2020 CLEANAWAY PTY LTD RECYCLING CONTRACT - DENMARK & PEACEFUL BAY TOWN SITES AND DWMRF - AUGUST 2020 21,347.42 EFT28582 23/09/2020 CONNECT CALL CENTRE SERVICES MONTHLY AFTER HOURS CALL CENTRE CHARGES - AUGUST 2020 667.10 EFT28583 23/09/2020 COUNTRY TOOL AND HARDWARE SUPPLIES PARTS FOR PLANT MAINTENANCE - JULY & AUGUST 2020 5,266.00 EFT28584 23/09/2020 CRAIG PURSEY REIMBURSEMENT FOR ITEMS PURCHASED FOR LOCAL PLANNING STRATEGY REVIEW CONSULTATIONS 134.24 EFT28585 23/09/2020 DENMARK AIRPORT ASSOCIATION REIMBURSEMENT OF AIRPORT MOWER FUEL AND ITEMS PURCHASED FOR REPAIR OF RUNWAY LIGHTS 55.18 EFT28586 23/09/2020 DENMARK BULLETIN VARIOUS ADVERTS & PUBLIC NOTICES - EDITION 1016 17/09/20 640.80 EFT28587 23/09/2020 DENMARK HOTEL & RIVER ROOMS MOTEL CATERING FOR MANAGERS MEETING 17/09/20 191.40 EFT28588 23/09/2020 DENMARK PRINTERS 600 ADDITIONAL TIP PASSES 2020/2021 352.00 EFT28589 23/09/2020 DENMARK RIVERMOUTH CARAVAN PARK ACCOMMODATION FOR SCOTT SEWELL 06/09/20 - 11/09/20 / ABLUTION BLOCK WATER CONSUMPTION 1,079.31 EFT28590 23/09/2020 DENMARK SIGNWORKS PUBLIC CONSULTATION SIGNS FOR THE OCEAN TO CHANNEL PROJECT 793.79 EFT28591 23/09/2020 DENMARK TAVERN REFRESHMENTS FOR COUNCIL CHAMBERS 207.99 EFT28592 23/09/2020 DENMARK MINI DIGGERS GRADING OF PEACEFUL BAY ROADS 26/08/20 2,310.00 EFT28593 23/09/2020 DRUM LANDSCAPE ARCHITECTURE PROGRESS PAYMENT - LANDSCAPE DESIGN, DRAWINGS & TECHNICAL ADVICE - LIGHTS BEACH UPGRADE PROJECT 6,252.32 EFT28594 23/09/2020 E-STRALIAN PTY LTD STAFF E-BIKE LEASE PAYMENTS FOR PAY PERIOD ENDING 25/09/20 202.59 EFT28595 23/09/2020 EASISALARY PTY LTD (EASIGROUP) STAFF NOVATED LEASE PAYMENT FOR PPE 25/09/20 3,213.20 EFT28596 23/09/2020 EDGE PLANNING & PROPERTY PLANNING SERVICES FOR JULY & AUGUST 2020 - ASSISTING WITH PREP OF LOCAL PLANNING STRATEGY 411.95 EFT28597 23/09/2020 ELGAS SUPPLY OF 45KG CYCLINDERS FOR COUNCIL CHAMBERS & MCLEAN PARK BBQ 228.00 EFT28598 23/09/2020 FLYNDERS AMESS CONTRACT CLEANING OF PARRY BEACH SHOWERS AND TOILETS AUGUST & SEPTEMBER 2020 577.50 EFT28599 23/09/2020 FPA AUSTRALIA BPAD PRACTITIONER LEVEL 2 APPLICATION FEE 630.00 EFT28600 23/09/2020 GEOFF BOWLEY 1ST QUARTER FEES 2020/2021 3,193.50 EFT28601 23/09/2020 GREAT SOUTHERN SANDS TRANSPORT OF HOOK LIFT BINS FROM DWMRF TO HANRAHAN RD TIP, CITY OF ALBANY - AUGUST 2020 4,955.50 EFT28602 23/09/2020 GREAT SOUTHERN ZONE OF WALGA ANNUAL SUBSCRIPTION 2020/2021 935.00 EFT28603 23/09/2020 IAN OSBORNE 1ST QUARTER FEES 2020/2021 3,193.50 EFT28604 23/09/2020 JANET CAROLYN LEWIS 1ST QUARTER FEES 2020/2021 3,193.50 EFT28605 23/09/2020 JANINE FAYE PHILLIPS 1ST QUARTER FEES 2020/2021 3,193.50 EFT28606 23/09/2020 KINGSLEY DAVID GIBSON 1ST QUARTER FEES 2020/2021 3,193.50 EFT28607 23/09/2020 LANDGATE GRV INTERIMS COUNTRY 27/06/20 TO 24/07/20 (SCHEDULE G 2020/8) 565.64 EFT28608 23/09/2020 LORLAINE DISTRIBUTORS PTY LTD BULK CLEANING PRODUCTS & CONSUMABLES 2,589.35 EFT28609 23/09/2020 MAIA FINANCIAL PTY LIMITED MATRIX STRENGTH EQUIPMENT & CARDIO GYM EQUIPMENT LEASES 01/10/2020 TO 31/12/2020 5,117.87 EFT28610 23/09/2020 MARK ALLEN 1ST QUARTER FEES 2020/2021 3,985.50 EFT28611 23/09/2020 MARK EDMOND BASSON REFUND OF DA2020/119 (A1476) 147.00 EFT28612 23/09/2020 MARKET CREATIONS PTY LTD POWER BI PRO FOR GOVERNMENT MONTHLY FEES AUGUST 2020 & SERVICE REQUEST 150.92 EFT28613 23/09/2020 MARSHALL APPLIANCE SERVICE CHAINS FOR SAWS 233.00 EFT28614 23/09/2020 MARSHALL MOWERS PARTS FOR PLANT MAINTENANCE 135.00 EFT28615 23/09/2020 NAUTILUS PLUMBING MAINTENANCE TO PEACEFUL BAY WATER SUPPLY AND PRE SCHOOL HOLIDAYS CHECK OF INFRASTRUCTURE 592.12 EFT28616 23/09/2020 NIGEL PALMER EARTHMOVING PTY LTD CLAIM # 5 - PLANE TREE PRECINCT EARTHWORKS 35,375.82 EFT28617 23/09/2020 OFFICEWORKS BUSINESSDIRECT IPAD 7TH GEN 128GB SPACE GREY FOR CONTAINER DEPOSIT SCHEME / DISPLAY EASEL 1,024.95 EFT28618 23/09/2020 OUTWARD BOUND AUSTRALIA DEPOSIT FOR DENMARK SENIOR HIGH SCHOOL YEAR 9 LEADERSHIP CAMP 9-12 NOVEMBER 2020 2,600.40
Page 5 of 6 LIST OF ACCOUNTS SUBMITTED FOR 20 OCTOBER 2020 FOR MUNICIPAL FUND
EFT28619 23/09/2020 RANBUILD GREAT SOUTHERN FINAL PAYMENT FOR COMPLETION OF SHED & VARIATION - CONTAINER DEPOSIT SCHEME 15,454.00 EFT28620 23/09/2020 ROGER EDWARD SEENEY 1ST QUARTER FEES 2020/2021 3,193.50 EFT28621 23/09/2020 SEEK LIMITED JOB ADVERTISEMENT FOR A SUSTAINABILITY OFFICER 313.50 EFT28622 23/09/2020 SOUTH COAST AUTOMOTIVE ELECTRICIANS FIT REAR WORK LIGHTS TO PATCHING TRUCK 1,232.95 EFT28623 23/09/2020 SPRINGDALE PLUMBING & GAS ANNUAL STANDPIPE BACKFLOW TESTING, VARIOUS REPAIRS (DENMARK CRC, PONY CLUB, PARRY BEACH) 1,672.00 EFT28624 23/09/2020 ST JOHN AMBULANCE ASSOC DENMARK AED STICKERS FOR BFB APPLIANCES 150.00 EFT28625 23/09/2020 STEVEN DAVID JONES 1ST QUARTER FEES 2020/2021 3,193.50 EFT28626 23/09/2020 SUZANNE MEARNS TRAVEL & ACCOMMODATION CLAIM - LOCAL GOVERNMENT ACT ADVANCED TRAINING @ WALGA 444.43 EFT28627 23/09/2020 SYNERGY GRAPHICS DESIGN CONCEPT FOR A3 FOLD TO A4 FLYER - DOG EXERCISE PLAY AREA 792.00 EFT28628 23/09/2020 THE FOREVER PROJECT FOREVER PROJECT FIRE WISE GARDEN INSTALLATION (FINAL PAYMENT) - PLANE TREE PRECINCT 11,414.70 EFT28629 23/09/2020 THORNTONS HARDWARE PTY LTD HARDWARE ACCOUNT - AUGUST 2020 4,060.35 EFT28630 23/09/2020 TOTAL PACKAGING (WA) PTY LTD CARTONS OF BIODEGRADABLE & COMPOSTABLE DOGGY DUMPAGE BAGS 503.36 EFT28631 23/09/2020 VANCOUVER WASTE SERVICES TRANSPORT AND RENTAL OF HOOK LIFT BINS FROM PEACEFUL BAY LANDFILL - AUGUST 2020 734.50 EFT28632 23/09/2020 WENDY LEE DEMBOWSKI ACCOMMODATION CLAIM - DIGITISATION PROGRAM TRAINING, PERTH 26-27 AUGUST 2020 200.00 EFT28633 23/09/2020 WALGA SHORT COURSE BOOKING FEE - LOCAL GOVERNMENT ACT 1995 ADVANCED (15-16 SEPT 2020) - SUE MEARNS 1,045.00 TOTAL EFT PAYMENTS 775,865.77 Chq # Date Name 60388 03/09/2020 TELSTRA TELECOMMUNICATION CHARGES - NBN SERVICES & MITEL EQUIPMENT MAINTENANCE & SUPPORT 3,758.60 60389 10/09/2020 COMMISSIONER OF POLICE CORPORATE FIREARMS LICENCE ANNUAL RENEWAL 131.00 60390 10/09/2020 SHIRE OF DENMARK PETTY CASH REIMBURSEMENT 303.90 60391 17/09/2020 LANDGATE LODGEMENT OF LEASE BETWEEN SHIRE OF DENMARK & PEACEFUL BAY RSL SUB-BRANCH 178.20 60392 17/09/2020 TELSTRA TELECOMMUNICATION CHARGES - MOBILE PHONE CHARGES 1,426.11 60393 23/09/2020 SHIRE OF DENMARK FLOAT FOR CONTAINER DEPOSIT SCHEME COMMENCING 1ST OCTOBER 2020 1,000.00 TOTAL CHEQUE PAYMENTS 6,797.81 Direct Debit Payments 010 07/09/2020 BUSINESS FUEL CARDS T/AS FLEET CARD FLEET CARD FUEL PURCHASES - AUGUST 2020 1,864.93 DD11990.1 15/09/2020 SG FLEET AUSTRALIA PTY LIMITED MONTHLY LEASE PAYMENTS & FUEL EXPENSES FOR NOVATED LEASE VEHICLES 8,218.93 TOTAL DIRECT DEBIT PAYMENTS 10,083.86
TOTAL PAYMENTS FROM MUNI FUND 792,747.44
Page 6 of 6 SHIRE OF DENMARK INVESTMENT REGISTER For the period ending 30 September 2020
INVESTMENT REGISTER
INVESTMENT DATE MATURITY AMOUNT INTEREST DAYS NO. TYPE ACC NO. INVESTED DATE FUND INVESTED RATE INVESTED INSTITUTION 1R OCD 434085W 30-Sep-20 31-Oct-20 RESERVE $ 720,985 0.20% 31 WATC 11R TD 74-949-5332 28-Sep-20 27-Dec-20 RESERVE $ 1,840,769 0.75% 90 NAB 17R TD 38218207 31-Aug-20 29-Oct-20 RESERVE $ 157,103 0.41% 59 CBA 24R TD 508315126 31-Jul-20 29-Oct-20 RESERVE $ 1,505,929 0.65% 90 BENDIGO 27M TD 38218207 11-Aug-20 12-Oct-20 MUNICIPAL $ 1,000,000 0.51% 62 CBA 28M TD 3449908 27-Aug-20 26-Nov-20 MUNICIPAL $ 1,250,000 0.55% 91 BENDIGO 29M TD 39-954-8616 28-Sep-20 27-Dec-20 MUNICIPAL $ 1,000,000 0.68% 90 NAB 30M TD 38218207 29-Sep-20 30-Nov-20 MUNICIPAL $ 1,000,000 0.39% 62 CBA 31M TD 38218207 29-Sep-20 29-Oct-20 MUNICIPAL $ 500,000 0.27% 30 CBA TOTAL FUNDS INVESTED $ 8,974,787
PORTFOLIO ANALYSIS INTEREST EARNED 20 October 2020 - Attach 8.2.3 Institution Amount % No. Month Actual YTD Actual YTD Budget National Australia Bank $ 2,840,769 31.65% 2 Interest on Denmark East 119 410 687 CBA $ 2,657,103 29.61% 4 Interest on Investments 4,174 5,362 5,123 WA Treasury Corporation $ 720,985 8.03% 1 Bendigo Bank $ 2,755,929 30.71% 2 Total Interest Earned 4,293 5,771 5,810 Total Funds Invested $ 8,974,787 100.00% 9 Investment Maturity Timing INVESTMENT FUNDS MOVEMENT $6,000,000 Amount $5,596,699 Opening Balance for Month 6,470,593 $5,000,000 Add: Funds Invested 2,500,000 Less: Funds Redeemed - 98 $4,000,000 Add: Interest Earned on Investments for Month 4,293 Closing Balance for the Month 8,974,787 $3,000,000 $2,157,103
$2,000,000 $1,220,985 BREAKDOWN OF INVESTED FUNDS Amount $1,000,000 $- $- Municipal 4,750,000 $- Reserves 4,224,787 UP TO 30 30-60 60-90 90-120 120+ Total Funds Invested 8,974,787
Extracted from the Policy Manual 14 October 2020
P050110 HAZARD REDUCTION BURNING ON PRIVATE PROPERTY PROCEDURE Council supports Brigades that wish to use Shire & Brigade equipment and vehicles to undertake hazard reduction burning of private property as an effective means of providing both a safe and low risk training environment and also the opportunity of recouping a charge for the services performed to assist the Brigade fund facilities and activities, not otherwise funded through the Emergency Services Levy (ESL), as an additional means of attracting and retaining volunteer members.
The process to be followed by the Volunteer Bush Fire Brigades in agreeing to consider undertaking a hazard reduction burn on private property is as follows;
1. The land owner requiring a hazard reduction burn contacts their local brigade. (Local Government officers receiving requests should direct these requests to the relevant brigade). 2. If the local brigade is not in a position to conduct this burn, the request will be referred to the CBFCO or CESM who will consult with the local FCO as to the reasons why the burn is unable to be undertaken. If the reasons are not related to safety the CESM will place the burn out to quote to the brigades for a period of 14 days. 3. The FCO (or Authorised Brigade Officer) must visit the proposed burn site with the land owner/authorised agent and establish the aims, objectives, risks and hazards of the burn by completing the prescription guidelines (page 2). 4. Alternatives to burning should be identified and considered if practicable. 5. The FCO (or Authorised Brigade Officer) will complete the Request to Burn Form (attached) with the land owner/authorised agent. 6. The FCO (or Authorised Brigade Officer) will estimate the cost of burning using the standard cost model (see attached) and liaise with the land owner/authorised agent to confirm. If the FCO (or Authorised Brigade Officer) wishes to charge an amount outside of the standard cost model they must first provide adequate reasons to the CBFCO or CESM in writing who will then seek to gain permission from the Council’s CEO. If the FCO does not wish to charge for the service, then the fee listed should be shown as ‘Nil’. 7. Once the cost has been estimated and the Request to Burn Form has been completed the FCO (or Authorised Brigade Officer) the form must be presented to the CESM or Chief Bush Fire Control Officer (CBFCO) for review and authorising by one of the Officers mentioned in part 9. 8. At the discretion of the local FCO small prescribed burns up to an area of 0.25 hectares in size that do not contain standing bush may be conducted on private property as a training exercise and community service however any such burns must first be risk assessed using the Request to Burn Form and then communicated to an authorised officer for approval to proceed. Following the completion of the burn the Request to Burn Form shall be submitted to the Shire within 7 days. 9. Either the CEO, CESM, Director Corporate and Community Services or the CBFCO have the right to approve or refuse the request or impose any 20 October 2020 - Attachment 8.2.4 Extracted from the Policy Manual 14 October 2020
changes or conditions upon the hazard reduction burn that they deem necessary. 10. Once the above Officer, in part 9, has approved the Request to Burn Form the Officer will then grant permission for the Volunteer Bush Fire Brigade to conduct a hazard reduction burn, in accordance with the prescription, at the requested private property. A permit to burn must be issued to the land owner/authorised agent (not the brigade) before any burning is conducted during the Restricted Burning Period. 11. Prior to the commencement of the burn the FCO (or Authorised Brigade Officer) will advise the CBFCO or CESM who will request the Shire to issue an invoice to the property owner of the amount shown on the Request to Burn Form. (Brigades are not to accept payment directly). 12. On receipt of payment the Shire will advise the relevant Brigade who is then authorised to conduct the burn. The Shire at the conclusion of each month will then remit 10/11ths of the income to the Brigade, with a copy of the Shire’s copy of the Request to Burn Form attached, and 1/11th to the Australian Tax Office (GST). 13. Fees generated by Brigades through private property burning may be applied by the Brigade as they see fit to provide Brigade facilities or activities that aid in the attraction and/or retention of volunteers to that Brigade. Under no circumstances however are Brigade volunteers to receive any remuneration for services in recognition direct or indirect in participating in hazard burns pursuant to this policy.
Standard Cost Model for Hazard Reduction Burning on Private Property
A Standard Cost Model has been supplied for all brigade hazard reduction burning on private property. The purpose of this cost model is to standardise the fees charged by the Shire and its Volunteer Bush Fire Brigades for conducting hazard reduction burning on private property.
Appliance Hourly Rate Light Tanker Rates as per Council’s 1.4 Rural Tanker current adopted Fees & 2.4 Rural/Urban Tanker Charges Schedule
ADDED by Res: 140113 / 22 January 2013
Review of Wards and Representation Discussion Paper
2020
20 October 2020 - Attachment 8.3.1a Review of Wards and
Representation Discussion Paper Background
The Shire of Denmark has resolved to undertake a review of its wards and representation to comply with the requirements of the Local Government Act 1995 (the Act). A copy of the report to Council and Council Resolution is attached to this report (Attachment one).
Schedule 2.2 of the Act (Attachment two) requires local governments with wards to carry out reviews of ward boundaries and the number of Councillors for each ward from time to time so that no more than eight years elapse between successive reviews.
The Shire of Denmark last undertook a Ward and Elected Member Representation Review in April 2013. The review outcome and subsequent Council resolution was as follows:
“That with respect to the 2013 Ward and Elected Member Representation Review Council;
1. Notes the six (6) submissions received and the officer comments with respect to those and; 2. Notes the previous Minister for Local Government’s directive of 5 February 2009 in relation to Councillor numbers being voluntarily reduced to between 6 and 9 and; 3. Notes that there is a likelihood of increased Governance costs associated with Councillors allowances moving to being regulated by the Salaries and Allowances Tribunal with effect from 1 July 2013 and; 4. Submits to the Local Government Advisory Board, proposing that; a) There be no change to its current 3 Ward structure and; b) That there not be a complete spill of elected member positions but that its number of elected representatives be reduced to 9 by reducing one Councillor from each ward with effect from the 2013 Local Government Elections.”
As the last Ward and Elected Member Representation Review was completed in April 2013, the Shire of Denmark is now required to undertake another ward review in advance of the 2021 Ordinary local government elections.
Following this review, Council were asked to consider amending the gazetted Denmark townsite area to include areas which had previously been deemed as ‘urban’. From an administrative perspective it was beneficial to align the gazetted townsite with the Local Planning Strategy to ensure consistency and clarity.
Council resolved at its meeting held on 11 February 2014 to request the extension of the Denmark townsite boundary. Landgate subsequently confirmed that an amendment to the Denmark townsite boundary had been completed on 5 July 2016. A Landgate map showing the new Denmark townsite boundary can be found on page 5 of this document. A copy of the previous boundary is shown on page 4.
Section 2.10 ‘Role of councillors’ of the LG Act 1995 states: A councillor — (a) represents the interests of electors, ratepayers and residents of the district; and (b) provides leadership and guidance to the community in the district; Elected Members, in accordance with the Act are required to represent the views of all electors, and make decisions in the best interest of the municipality as a whole.
2 Shire of Denmark – Ward and Representation Review 2020 Review Process The review process involves a number of steps:
• That Council resolves to undertake the review; • Public submission period opens; • Information provided to the community for discussion; • Public submission period closes; • That Council considers all submissions and relevant factors and makes a decision; • That Council submits a report to the Local Government Advisory Board (the Board) for its consideration; and • (If a change is proposed) The Board submits a recommendation to the Minister for Local Government (the Minister).
Any changes approved by the Minister where possible will be in place for the next local government ordinary election, due to be conducted in October 2021, noting that the Electoral Roll for elections close in August 2021.
Factors to be Considered When considering changes to Wards and Representation, Schedule 2.2 of the Act specifies factors that must be taken into account by a local government as part of the review process:
1. Community interest; 2. Physical and topographic features; 3. Demographic trends; 4. Economic factors; and 5. Ratio of Councillors to Electors in the various Wards.
The Board offers the following interpretation of these factors.
1. Community Interest The term community interest has a number of elements. These include a sense of community identity and belonging, similarities in the characteristics of the residents or a community and similarities in the economic activities. It can also include dependence on the shared facilities as reflected in catchment areas of local schools and sporting teams, or the circulation areas of local newspapers. Neighbourhoods, suburbs and towns are important units in the physical, historical and social infrastructure and often generate a feeling of community and belonging.
2. Physical and Topographic Features These may be natural or man-made features that will vary from area to area. Water features such as rivers and catchment boundaries may be relevant consideration. Beach suburbs, coastal plain and foothills regions, parks and reserves may be relevant as may other man-made features such as railway lines and freeways.
3. Demographic Trends Several measurements of the characteristics of human populations, such as population size, and its distribution by age, sex, occupation and location provide important demographic information. Current and projected population characteristics will be relevant as well as similarities and differences between areas within the local government.
3 Shire of Denmark – Ward and Representation Review 2020 Comment: The Shire of Denmarks population has remained relatively constant with an increase in population of only 5.6% between 2013 and 2018, tapering down to an increase of only 0.5% to the population between 2017 and 2018 as demonstrated by the below graph (figures obtained from the Australian Bureau of Statistics).
6500 6128 6154 6018 5957 6000 5872 5804
5500
5000
4500 2013 2014 2015 2016 2017 2018
Years
4. Economic Factors Economic factors can be broadly interpreted to include any factor that reflects the character of economic activities and resources in the area. This may include the industries that occur in a local government area (or the release of land for these), the rates paid by different sectors, and the distribution of community assets and infrastructure such as road networks.
5. Ratio of Councillors to Electors in the various Wards It is expected that each local government will attempt to have similar ratios of electors to Councillors across the Wards of its district. Minor variations may be permitted but the reasons for these would need to be well demonstrated. Variations above or below 10% are generally not accepted unless it can be demonstrated that the wards will ‘come into balance’ within a short period of time.
Current Situation
The Shire of Denmark has 5,088* electors. These are located across three wards, with the Town Ward being represented by 3 Councillors, the Kent/Nornalup Ward by 2 Councillors and Scotsdale/Shadforth Ward by 4 Councillors. Current representation of Councillors amongst electors:
Table 1 - Current Councillor/Elector Ratio
Ward # of # of Councillor: % Ratio Electors* Councillors Elector Ratio Deviation Town 1,805 3 602 + 6% Kent/Nornalup 1,198 2 599 + 6% Scotsdale/Shadforth 2,085 4 521 - 9% TOTAL 5,088* 9 565 * Figures relate to total number of Electors on the combined Electoral roll October 2019
4 Shire of Denmark – Ward and Representation Review 2020 It needs to be noted that the figures indicated in Table 1 show ratios which relate to the Denmark townsite as highlighted in yellow below, prior to the new Denmark townsite boundary being amended in 2016.
FIGURE 1 – Denmark Townsite Boundary prior to 2016
The percentage ratio deviation is important given that it is the stated position of the Local Government Advisory Board that this should not deviate plus or minus 10% across the district. The above summary demonstrates that the current ward system used by the Shire and the ratios comply with this requirement.
However, due to the extension of the Denmark Townsite Boundary in 2016, Councillor/Elector ratios would markedly change for Town Ward and Scotsdale/Shadforth Ward should it be agreed to align the Town Ward with the new Townsite Boundary.
5 Shire of Denmark – Ward and Representation Review 2020
FIGURE 2 – Denmark Townsite Boundary now
The difference in the 2013 and 2016 Denmark townsite boundary can more easily be seen when highlighted on one map as shown in Figure 3 overleaf.
6 Shire of Denmark – Ward and Representation Review 2020
FIGURE 3 – Comparison Denmark Townsite Boundaries 2013/2016
7 Shire of Denmark – Ward and Representation Review 2020 The impact on the Councillor/Elector ratio would be significant for Town Ward and Scotsdale/Shadforth Ward as can be seen in Table 2.
Table 2 - Councillor/Elector Ratio comparison
Ratio with previous Denmark Ratio with current Denmark townsite boundary townsite boundary Councillor: % Ratio Councillor: % Ratio
Ward Elector Ratio Deviation Elector Ratio Deviation Town 602 6% 930 + 65% Kent/Nornalup 599 + 6% 599 + 6% Scotsdale/Shadforth 521 -9% 275 - 48%
As mentioned previously, the percentage ratio deviation is the stated position of the Local Government Advisory Board and should not deviate , by more than, plus or minus 10% across the district. The above summary demonstrates that if the Town Ward boundary was amended, the current ratio figure used by the Shire would not comply with this requirement.
Options for Change
The Shire of Denmark has decided to only specifically seek comments on four (4) options, however members of the community are welcome to suggest others based on the five factors detailed on page 2, with special consideration being given to Factor 5, ratios.
Option 1 If it was determined that the Ward boundary should mirror the gazetted Denmark Townsite boundary for Town Ward then the option of increasing the number of Town Ward Councillors from three (3), to five (5) Councillors should be considered. This would require a reduction in Elected Members in the Scotsdale/Shadforth Ward from four (4) to two (2). This measure would then ensure an acceptable Councillor/Elector ratio of within 10%.
Table 3 – Option 1 Ratio deviation figures – New Proposed Councillor/Elector ratio Denmark Townsite Boundaries Ward # of # of % Ratio # of # of % Ratio Electors Councillors Deviation Electors Councillors Deviation Town 2790 3 + 65% 2790 5 - 2% Kent/Nornalup 1198 2 + 6% 1198﮺ 2﮺ + 6%﮺ Scotsdale/ 1100 4 - 48% 1100 2 + 2.5% Shadforth ﮺ No change to Councillors or ratio
The figures contained within Table 3 illustrate that: • By increasing the number of Council Representatives for Town Ward from 3 to 5, the ratio deviation reduces from a variation of + 65% to an acceptable Councillor/Elector ratio of - 2%
8 Shire of Denmark – Ward and Representation Review 2020
• By decreasing the number of Council Representatives for Scotsdale/Shadsforth Ward from 4 to 2, the ratio deviation increases from - 48% to an acceptable Councillor/Elector ratio of + 2.5%.
Advantages and disadvantages that should be considered if the Shire was to retain a ward structure but redistribute representatives between the wards of Town and Scotsdale/Shadforth.
Some advantages of Option 1 • Ensures an even cross section of representation and workload distribution. • There are more opportunities for Elected Members to have knowledge and interest in the issues of the ward they represent. • It may be easier for a candidate to be elected if they only need to canvass one ward. • Elected members may be more easily accessible to the electors of the ward they represent.
Some disadvantages of Option 1 • Elected Members could become too focused on their own wards, and less focused on the affairs of other wards and the whole local government. • Competition for resources could develop where electors in each ward come to expect the services and facilities provided in other wards, whether they are appropriate or not. • The community and Elected Members could regard the local government in terms of wards rather than as a whole community. • Ward boundaries may appear to be placed arbitrarily and may not reflect the social interaction and communities of interest of the community. • Balanced representation across the local government may be difficult to achieve.
Option 2 A second option to be considered could be to create four (4) wards and ‘split’ the Townsite boundary area into two (2) wards. One retaining the name of ‘Town Ward’ and the second being named, for example, “Ocean Beach Ward”.
Option 2 would involve decreasing the number of Councillors in the Scotsdale/Shadforth Ward by two (2), and creating two (2) Councillors for the new “Ocean Beach Ward”.
Table 4 – Option 2 Current Status Proposed Option – 4 ward structure Ward # of # of Ratio # of # of Ratio Electors Councillors Electors Councillors Town 1,805 3 + 6% 1,770 3 + 4.2% Kent/Nornalup 1,198 2 + 6% 1,198 2 + 6% Scotsdale/Shadforth 2,085 4 - 9% 1,100 2 - 2.7% Ocean Beach (new ward) 0 0 0 1,020 2 - 9% 5,088 9 5,088 9
Some advantages of Option 2 • Ensures an even cross section of representation and workload distribution. • It may be easier for a candidate to be elected if they only need to canvass one ward. • Electors in the newly established Ward may feel a greater sense of ‘belonging’, instead of being part of a larger Ward (being Scotsdale/Shadforth).
9 Shire of Denmark – Ward and Representation Review 2020 Some disadvantages of Option 2 • Competition for resources could develop where electors in each ward come to expect the services and facilities provided in other wards, whether they are appropriate or not. • Elected Members could become too focused on their own wards and less focused on the affairs of other wards/the whole Shire.
The boundaries of the new “Ocean Beach Ward” would be as indicated in figure 4.
FIGURE 4 – Town Ward and proposed Ocean Beach Ward boundaries
10 Shire of Denmark – Ward and Representation Review 2020 Option 3 Implement a ‘no ward’ structure with nine Elected Members.
Table 5 – Option 3
Ward # of Electors # of Councillors Councillor: % Ratio Elector Ratio Deviation No wards 5,088 9 565 0 %
Advantages and disadvantages that should be considered if the Shire was to implement a ‘no ward’ structure are detailed below.
Some advantages of Option 3 • Elected Members are elected by the whole of the electorate, not just a section of it. Elected Members, in accordance with the Act are required to represent the views of all electors of the Shire, and make decisions in the best interest of the municipality as a whole. • Knowledge and interest in all areas of the Shire’s affairs would result in broadening the views beyond the immediate concerns of those within a ward. • Members of the community who want to approach an Elected Member could speak to any Elected Member, rather than only an Elected Member who (seemingly only) represents a particular ward. • Elected Members could use their speciality skills and knowledge for the benefit of the whole local government. • There could be more balanced representation with each Elected Member representing an equal number of Electors regardless of changes to numbers of Electors or population distribution. • The election process is much simpler for the community and for the Shire to administer.
Some disadvantages of Option 3 • Electors may feel that they are not adequately represented if they do not have an affinity with any of the Elected Members. Elected Members living in a certain area may have a greater affinity and understanding of the issues specific to that area. • Elected Members may feel overwhelmed by having to represent all electors, and may not have time or opportunity to understand and represent all the issues. • It may be more difficult and costly for candidates to be elected if they need to canvass the entire number of Electors.
11 Shire of Denmark – Ward and Representation Review 2020 Option 4 Retain the current Wards & Representation with nine Elected Members and 4 Wards.
Some advantages of Option 4 • Retains the current ward structure which is known to the community and Electors. • Removes the need to (re)define internal ward boundaries. • Election process is maintained. • May be easier and less expensive for candidates to focus electioneering to ward only.
Some disadvantages of Option 4 • May lead to Councillors being less accessible to residents. • May be seen as under-representing Electors. • Elected Members could become too focused on their own wards, and less focused on the affairs of other wards and the whole local government. • Competition for resources could develop where electors in each ward come to expect the services and facilities provided in other wards, whether they are appropriate or not. • The community and Elected Members could regard the local government in terms of wards rather than as a whole community. • Ward boundaries may appear to be placed arbitrarily and may not reflect the social interaction and communities of interest of the community.
Related Documents
Attachment One Report to Council and Council Resolution – 17 March 2020 Attachment Two Local Government Act Schedule
12 Shire of Denmark – Ward and Representation Review 2020
Public Submissions Council is not restricting itself to consider only those options put forward in this discussion paper as there may be other options not raised here which would be most worthy of consideration.
Members of the community are invited to make written submissions about any aspect of Ward boundaries and representation and lodge it at:
Shire of Denmark 953 South Coast Highway (or PO Box 183) DENMARK WA 6333 or by email to: [email protected]
Enquiries should be directed to Ms Sue Mearns, Executive Support Officer, on telephone 9848 0300 or email [email protected].
All submissions must be received by 4.00 pm on Friday, 12 June 2020.
Your interest and involvement in this review is welcomed and encouraged. Council values your input, which will assist it to make an informed decision for the benefit of the people of the Shire of Denmark.
Cr Ceinwen Gearon David Schober Shire President Acting Chief Executive Officer
13 Shire of Denmark – Ward and Representation Review 2020 ATTACHMENT ONE
8.3.1 WARD & REPRESENTATION REVIEW
File Ref: ELC.5 Applicant / Proponent: Not applicable Subject Land / Locality: Shire of Denmark Disclosure of Officer Interest: Nil Date: 17 January 2020 Author: Claire Thompson, Executive Assistant & Governance Coordinator Authorising Officer: David Schober, Acting Chief Executive Officer Attachments: Nil
Summary: In order to commence a review of the Shire of Denmark’s Wards & Representation, Council are required to resolve to do so by formal resolution.
Background: A Ward and Representation review is a project which has been identified in the Corporate Business Plan.
Consultation: Should Council agree to commence a review, an initial public notice is required to advise of Council’s intent to carry out a review. A further six (6) weeks advertising is required once a Discussion Paper has been developed. Council is required to consider any submissions received prior to requesting an order be made by the Local Government Advisory Board to make any changes.
Statutory Obligations: Local Government Act 1995: • Section 2.2 – Districts may be divided into wards; and • Schedule 2.2 – Provisions about names, wards and representation.
A local government is to conduct ward & representation reviews from time to time so that not more than 8 years elapse between successive reviews. The last Shire of Denmark ward & representation review was done in 2013.
Policy Implications: There are no policy implications related to this report or recommendation.
Budget / Financial Implications: The 2019/20 Budget includes $20,000 to undertake a review which can accommodate engaging an external consultant to develop a Discussion Paper, advertising and any other associated costs.
Strategic & Corporate Plan Implications: The report and officer recommendation is consistent with Council’s adopted Strategic Community Plan Aspirations and Objectives and the Corporate Business Plan Actions and Projects in the following specific ways:
Denmark 2027 L5.0 Our Local Government The Shire of Denmark is recognised as a transparent, well governed and effectively managed Local Government. L5.1 To be high functioning, open, transparent, ethical and responsive. L5.2 To have meaningful, respective and proactive collaboration with the community.
14 Shire of Denmark – Ward and Representation Review 2020
Corporate Business Plan L5.2.10 Undertake a Ward and Representation Review to ensure balanced representation.
Sustainability Implications:
➢ Governance: There are no known significant governance considerations relating to the report or officer recommendation.
➢ Environmental: There are no known significant environmental implications relating to the report or officer recommendation.
➢ Economic: There are no known significant economic implications relating to the report or officer recommendation.
➢ Social: There are no known significant social considerations relating to the report or officer recommendation.
➢ Risk: There are no known risks associated with this report or recommendation.
As the last review was undertaken in March 2013, the Council could decide to wait until the end of the year and include funds in the 2020/21 Budget. However, gaining broader and comprehensive community consultation could be more difficult leading up to the Christmas and New Year period, given that:
• the review would need to be concluded by March 2021 (to be implemented in time for the Local Government Elections in October) • there is a required six (6) week advertising period; • final endorsement by Council; and • final consideration (order) by the Local Government Advisory Board is required.
Comment/Conclusion: The Officer recommends that Council commence a review in 2019/20 given the timeframes involved in advertising, Council consideration of submissions and final approval / order by the Local Government Advisory Board (should any changes be proposed).
Officers are confident that the project can be concluded by 30 June 2020.
Voting Requirements: Simple majority.
COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.3.1 MOVED: CR GIBSON SECONDED: CR LEWIS
That Council authorise the Chief Executive Officer to commence a review of the Shire of Denmark’s Wards & Representation.
CARRIED UNANIMOUSLY: 9/0 Res: 140320
15 Shire of Denmark – Ward and Representation Review 2020 ATTACHMENT TWO
16 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments 1 Shannon Armstrong Strongly oppose Option 3 that proposes to remove all ward boundaries i.e. ‘no ward structure’. Preference for Option 4 – Retain the current Wards & Representation with nine Elected Members and three Wards 1. Poses a very real threat of our community loosing its voice. 2. Could result in there being no Councillors from our local area with local knowledge or understanding of local issues. Submitter strongly opposes Option 3 – Implement a ‘no 3. Makes it difficult for residents to contact and communicate with Councillors especially local face-‐to-‐face contact Ward’ structure with nine Elected Members. and creates confusion as to which Councillor is the best point of contact. 4. Shifts rural representation towards town/powerhouse of Denmark Shire. 5. It is not fair to expect Councillors to represent the entire Shire and have sufficient understanding over all issues. Strongly oppose any future proposal to reduce the number of councillors in the Kent/Nornalup Ward.
Out of the options provided by the Denmark Shire we prefer/support Option 4 that proposes to retain current wards and representation.
We propose a further option: Make Kent River a new ward boundary, including the Kent River/Kentdale community so there is a true Kent/Nornalup Ward representative of the Kent/Nornalup community.
Peaceful Bay is underrepresented because of a high ratio of non-electorate ratepayers.
*This is exacerbated by too much focus on factor number 5 and not enough focus on factors 1 through to 4 when considering changes to wards and representation. We request more focus on factors 1 to 4 during the next Review of Wards and Representation particularly in relation to Peaceful Bay.
*We request the Denmark Shire to work proactively with the Peaceful Bay Progress Association to address this issue. 2 Hayden Jones I am writing as an elector in the Kent/Nornalup ward and would like recorded my wishes on the current Ward Review. Preference for Option 4 – Retain the current Wards & I am a leasehold resident of Peaceful Bay and enrolled on the Denmark Shires roll. Many Peaceful Bay leaseholders Representation with nine Elected Members and three Wards are Ratepayers but not Electors and as such the locality numbers are not realistically represented. Submitter strongly opposes Option 3 – Implement a ‘no 20 October 2020 - Attachment 8.3.1b I strongly feel Shire should retain both Councillor position for the Kent/Nornalup Ward and strongly oppose a No Ward Ward’ structure with nine Elected Members. structure (Option 3) in the discussion paper. 3 Andrew Radford Of the options presented by the Shire of Denmark (SOD) for consideration, as a leasehold owner at Peaceful Bay I Preference for Option 2 – Create 4 Wards and split the support Options 1, 2 and 4. In all these cases Peaceful Bay and Nornalup are fairly represented by retaining the Townsite Boundary area into two Wards existing two elected councilors for the ward. Whilst I understand that councillors are elected to represent all ratepayers within the shire of Denmark. It is clear that elected representatives that live and associate with local ratepayers within Submitter strongly opposes Option 3 – Implement a ‘no that ward are typically more attune to issues that are affecting the community. The Peaceful Bay and Nornalup Ward’ structure with nine Elected Members. community are well represented by our two Councillors and this has resulted in a fair and professional relationship with the SOD. As a member of the community I would like to see this continue.
Of the three Options 1,2 & 4 - I favour Option 2 which includes a newly created ward of Ocean Beach that may improve the representation of ratepayers within that area and provide a similar close working relationship between councillors and ratepayers.
Option 3 - No Ward boundaries I strongly oppose this or any other similar structure as a possible proposal for the SOD. This structure risks a bias of elected councillors from one particular locality and despite councillors best intentions it is unlikely to result in fair and reasonable representation across the entirety of the SOD. It risks undoing all the hard work that councillors have put in trying to ensure members of their local communities have their voices heard, which can be particularly hard in regional areas that have lower population density than the direct townsite for example
One last additional comment to be made is with regards to one of the KPI's assessed #5 - Ratio of councillors to Electors. I can understand the need for this assessment and typically it would provide the SOD a reasonable idea of the spread of councillors across the community. I would like to make the comment that Denmark has a high representation of Holiday Homes in the area, in particular the community of Peaceful Bay. Many holiday home owners may not actually be registered to vote in local council elections because they are registered in their principal place of residence and are unaware they can also register for the Denmark Shire Council Elections. This may mean the ratio of Page 1 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments councillors to actual rate payers is actually lower than what has been stated in the ward review - particularly the Community of Peaceful Bay. Therefore while KPI #5 is a consideration for the SOD, it should not be the primary means of measurement when determining the best structure for the ward review. Thank you for the opportunity to comment on this review. 4 Chris Bellanger I believe that it is in the interest of all communities that the current Ward system is retained. Preference for Option 4 – Retain the current Wards & Representation with nine Elected Members and three Wards This allows for valuable local input for the special needs of those communities.
While it may be democratic to have a ratio of councilors to electors, this could result in decisions and focus being mainly on the town of Denmark, at the expense of the outer wards.
As we enter the recovery phase of Covid-19, there could be many demographic changes that we cannot envisage. Therefore, I suggest that Council appeals to the Minister to have this review delayed for another 12 months. 5 Ian Mulholland I prefer Option 3, No Wards. Preference for Option 3 – Implement a ‘no Ward’ structure with nine Elected Members. It gives Denmark voters the opportunity to speak to any Councilor on any subject.
It provides for Councilor’s with approximately 600 voters.
This a relatively small give the size of State and Federal electorates. 6 Amber Ward We believe that the ward set up provides good representation for communities in our shire. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 7 Nick Whishaw Thank you for the opportunity to comment on the Shire of Denmark’s document titled “Review of Wards and Preference for Option 2 – Create four Wards and split the Representation Discussion Paper”. Townsite Boundary area into two Wards
Regarding the options proposed in the document, my comments are as follows: Submitter strongly opposes Option 3 – Implement a ‘no • Option 1 - (Table 3). The “town” ward has over 50% of the councillors and philosophically I am against this Ward’ structure with nine Elected Members. situation. • Option2 – (Table 4). Of the various options my preference is for the inclusion of the “new Ocean Beach ward”. It appears to provide a reasonable spread of councillors throughout the shire. • Option 3 – (Table 5). I oppose the “no ward” proposal. With this option it is possible that any current ward area could end up without representation. • Option 4 – In my opinion retaining the current ward boundaries & representation (as Table 1) is acceptable but provides a less positive solution than does option 2. In all options the document appears to retain the current representation of nine councillors and I support this position. 8 Kirsten Frost Thank you for the opportunity to provide my feedback on the ward boundary and representation review. Preference for Option 4 – Retain the current Wards & Representation with nine Elected Members and three Wards My order of preference for the proposed options: First preference: Option 4 - retain the current wards and representation with 9 elected members and 3 wards. Submitter strongly opposes Option 3 – Implement a ‘no 2nd preference: Option 2 - create 4 wards (introducing new Ocean Beach Ward) Ward’ structure with nine Elected Members. 3rd preference: Option 1 - increase councillors in town from 3 to 5 and reduce Scotsdale/Shadforth from 4 to 2. 4th preference: Option 3 - implement a 'no ward' structure with 9 elected members
I believe it is essential for Peaceful Bay to have 2 representatives in council (ie within Kent/Nornalup) otherwise Peaceful Bay runs the risk of being totally overlooked in many decisions. Thank you for your time in undertaking this community consultation. 9 Greg & Diane As the owners of a holiday house at peaceful bay, we support the current ward boundaries. We feel we would Preference for Option 4 – Retain the current Wards & Thomas have no representation if these were changed. Representation with nine Elected Members and three Wards 10 Peaceful Bay The Peaceful Bay Progress Association would like to enter the following submission on the above review. Preference for Option 4 – Retain the current Wards & Progress Association Representation with nine Elected Members and three Wards Page 2 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments (a) The PBPA strongly supports retention of the Ward System as outlined in Option 1, Option 2 and Option 4. The rationale is that Peaceful Bay is fairly represented in these Options and the communities of Nornalup and Submitter strongly opposes Option 3 – Implement a ‘no Peaceful Bay are keen to keep the Kent/Nornalup Ward relevant. We have two Councillors representing our Ward and Ward’ structure with nine Elected Members. have developed a good working relationship to address the issues that affect our communities. The area comprises short term holiday accommodation, tourism and associated business interests, rural lifestyle blocks and farming enterprises each with their own unique requirements and concerns, which are well understood by our current Council representatives.
(b)The PBBA strongly opposes the “No Ward” structure - Option 3. The prime risk being that we are in danger of losing our voice in the decision making process on issues which concern our community and rural representation for the Kent/Nornalup area would diminish, or at worst, disappear altogether. We would also lose the accessibility to a Councillor who is familiar with issues specific to our area. 11 Edward Glancy I strongly oppose the proposed Option 3 of 'no ward' structure as this could result in Peaceful Bay having NO Submitter strongly opposes Option 3 – Implement a ‘no representation on Council and this would NOT benefit leaseholders and landholders in Peaceful Bay and surrounding Ward’ structure with nine Elected Members. districts. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 12 Molly Smith I strongly object to OPTION 3 of NO WARD structure in the Ward Review. Submitter strongly opposes Option 3 – Implement a ‘no Ward’ structure with nine Elected Members. This would mean that the Kent/Nornalup Ward and other districts throughout the Denmark Shire would have no representation on the Shire. This would also include lease holders and land holders of the coastal settlement of Although no preference is given, the Officer interprets this Peaceful Bay. comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members Districts need local representatives on Council. I am amazed that this option would even be considered. and three Wards 13 Callum Baxter I strongly oppose the proposed Option 3 of 'no ward' structure as this could result in large parts of the Shire having NO Submitter strongly opposes Option 3 – Implement a ‘no representation on Council and this would NOT benefit leaseholders and landholders in these districts, for example Ward’ structure with nine Elected Members. Nornalup, Peaceful Bay and Bow Bridge. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 14 Emma Holland I oppose the proposed Option 3 of "no ward" structure as this could result in Peaceful Bay having no representation on Submitter strongly opposes Option 3 – Implement a ‘no Council and this would not benefit leaseholders and landholders in Peaceful Bay and surrounding districts. Ward’ structure with nine Elected Members.
Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine elected Members and three Wards 15 Michelle Burkett As a ratepayer and resident of Peaceful Bay I would like to make known my strong opposition to option 3, as stated in Submitter strongly opposes Option 3 – Implement a ‘no your discussion paper. Ward’ structure with nine Elected Members.
Peaceful Bay needs representation by dedicated councillors, who understand the unique issues of our community. Although no preference is given, the Officer interprets this In the past Peaceful Bay has been represented by councillors not from this area who proved to be less than fully comment to mean that the Submitter wishes to retain the committed to acting on behalf of the ratepayers and leaseholders at Peaceful Bay. current Wards & Representation with nine Elected Members and three Wards I feel we have been well represented by the current councillors, cannot see any benefit to Peaceful Bay by adopting option 3, and would feel extremely let down by the council if it was to be introduced and implemented. 16 John & Patricia Day My wife and I are leaseholders and ratepayers of 9, Fifth Avenue, Peaceful Bay. Submitter strongly opposes Option 3 – Implement a ‘no Ward’ structure with nine Elected Members. Having read the Denmark Shire 2020 Ward Review document we wish to strongly object to any consideration being given to the inclusion of Option 3, offered in the report, in any further discussions relating to revision of ward
Page 3 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments boundaries. The possibility of having no council member with extended knowledge of Peaceful Bay and/or history of Although no preference is given, the Officer interprets this developments and heritage of it would represent a distinct disadvantage to all leaseholders and property owners comment to mean that the Submitter wishes to retain the there. current Wards & Representation with nine Elected Members and three Wards Any consideration of elimination of all ward boundaries, particularly in a predominately rural regional Shire runs the undesirable risk of removing from Shire council decision making processes, sound and informed understanding of significant localised issues from all parts of the Shire. This is of particular importance where past histories, including the bases of past decision making need to be taken into account. Informed opinions of small business proprietors in other than main populated areas need to be available to Shire decision makers.
We trust this submission by us will be considered in the decision making process for the outcome of the 2020 Ward Review 17 R & K Eddington As rate payers and residents of Peaceful Bay we would like to enter the following submission on the above Submitter strongly opposes Option 3 – Implement a ‘no review. We strongly support the retention of the ward system as outlined in either Options # 1, 2 and 4. Ward’ structure with nine Elected Members.
WE, ON THE OTHER HAND STRONGLY OPPOSE OPTION #3 AS THIS WILL COMPLETELY LEAVE THE Supports Options 1, 2 & 4 KENT / NORNALUP AREA WITHOUT ANY DEDECATED REPRENTATIVES ON COUNCIL
This ward not only encompasses the Peaceful Bay village but also includes a significant number of rural properties as well as the settlement of Nornalup.
To propose the no ward system for the whole Shire will NOT be a fair and equitable representation for the smaller population areas within the Shire of Denmark. 18 John & Heidi I strongly oppose the proposed Option 3 of 'no ward' structure as this could result in Peaceful Bay having NO Submitter strongly opposes Option 3 – Implement a ‘no Cowcher representation on Council and this would NOT benefit leaseholders and landholders in Peaceful Bay and surrounding Ward’ structure with nine Elected Members. districts. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 19 Arthur & Christine We strongly oppose the proposed Option 3 of ‘no ward’ structure as this could result in Peaceful Bay having NO Submitter strongly opposes Option 3 – Implement a ‘no Putland representation on Council. This would NOT benefit leaseholders and landowners in Peaceful Bay and surrounding Ward’ structure with nine Elected Members. districts. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 20 Trevor Brown As a rate payer and leaseholder in Peaceful Bay I would like to object to the removal of wards within the shire of Submitter strongly opposes Option 3 – Implement a ‘no Denmark as I feel we would be unfairly represented with in the town ship of Denmark. Ward’ structure with nine Elected Members.
Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 21 C Muir, T Muir, G we strongly oppose the proposed option 3 of 'No Ward' structure as this could result in Peaceful Bay having no Submitter strongly opposes Option 3 – Implement a ‘no Buss and C Putland representation on council and this would not benefit leaseholders and landholders in Peaceful Bay and surrounding Ward’ structure with nine Elected Members. districts Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 22 Ray Walker I do not support option 3 of the Ward Review. Submitter strongly opposes Option 3 – Implement a ‘no Ward’ structure with nine Elected Members. Page 4 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments In my opinion, option 3 does not even qualify as an option. Although no preference is given, the Officer interprets this Imagine having 200 elected Federal Politicians in Canberra, all elected from the Canberra population, representing all comment to mean that the Submitter wishes to retain the Australians.!!!!! current Wards & Representation with nine Elected Members and three Wards If a person living in Tuckanarra, Western Australia wanted advice on legal issues regarding some aspect of remodelling his miners hut, imagine how valid this advice would be if it was tendered by one of the elected Canberrans. “Where is Tuckanarra”
The same rationale applies to my location of Peaceful Bay.
I want someone who is aware of all the local situations peculiar to Peaceful Bay, to represent me on Denmark Shire Council. 23 Gillian Irvine I wish to voice my strong opposition to option 3 as outlined in the ward review document. Submitter strongly opposes Option 3 – Implement a ‘no Ward’ structure with nine Elected Members. I would not want to loose the strong and effective representation the Kent/Nornalup ward has enjoyed, being represented by councillors Phillips and Seeney. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 24 Denise Jenkins I’d like to register my support of Option 2 in the Denmark Shire Council Ward Review. Preference for Option 2 – Create 4 Wards and split the Townsite Boundary area into two Wards I believe representation in Local Government is essential for a healthy vibrant community.
Our diverse demographics requires the need to have a ward system which allows local people to interact with their ward councillor with issues directly related to their area. Local people have better ideas and knowledge about their local problems -as does the ward councillor. 25 Clem Wright I just wanted to have my two bob’s worth regarding the Ward Review. Whilst I am currently Vice-President of the Preference for Option 3 – Implement a ‘no Ward’ structure Denmark Ratepayers and Residents Association, I am putting in this submission as a private individual and a with nine Elected Members. candidate in the 2019 Council Election. The DRRA will be making a submission shortly.
I was able to see the current system in operation last September and October whilst campaigning for Town Councillor. I walked and drove all over the Town Ward which ranged from CBD addresses to semi-rural properties up in the hilly areas (which barely warranted the “Town” description).
When State and Federal electoral commissions draw up lower house constituency boundaries, they place great emphasis on the principle of ‘contiguity’. Essentially this means that each electorate has things in common – the electorate hangs together with common issues and interests. It is hard to see the operation of this principle in the Shire of Denmark’s ward boundaries. The key determinant seems to be equalising population numbers and councillor- resident ratios. Hence, Kent-Nornalup ranges from sparsely populated areas in the west to more dense population as the eastern boundary pushes well into Scotsdale-Shadforth. Therefore, there are few distinctive features in one ward that are not in another.
As you may have surmised, I think residents and/or ratepayers would be better served by a ward-less Shire where all Councillors are there to represent all residents and/or ratepayers and to make decisions in the interest of the Shire as a whole. 26 Ryan Phillips I am a resident of Kentdale and firmly believe in the retention of the ward system for our shire, it is the only way to Opposes Option 3 – (Implement a ‘no Ward’ structure with ensure fair representation and ensure the needs of people who live outside the Denmark township are met I believe if nine Elected Members). the ward system was to be abolished, many of the issues we face in the western end of the shire would not make it to Submitter does not however provide a preference out of the decision making table. options 1, 2 & 4. 27 Craig Chappelle I support Option 3: ending the historical ward system in favour of a “no ward” local government for Denmark. The age Preference for Option 3 – Implement a ‘no Ward’ structure of parochialism is long over. with nine Elected Members.
Page 5 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments If in due course this proves to be too great a burden for nine councillors, additional councillors can be elected if required; or delegations to senior staff modified.
However, I believe that no-one should stand for council who is not prepared to put in the work, so I would hope that one of the results of adopting Option 3 is that we get progressively better candidates standing for election.
To that end I also believe that councillors should be better remunerated than they are / have been – though the choice is ultimately theirs. 28 Phill and Vi Marinoni We wish to register support for the continuation of the ward structure in local Council Elections. Although no preference is given, the Officer interprets this comment to mean that the Submitter wishes to retain the We feel that Peaceful Bay is a unique area of the Shire , and as such, needs local representation to maintain and current Wards & Representation with nine Elected Members protect that feature. and three Wards 29 Cyril Edwards Of the options outlined in the Discussion Paper [DP] my preference is for Option 4. I have not arrived at this opinion Preference for Option 4 – Retain the current Wards & because of the proverbial ‘if it ain’t broke, don’t fix it’ advice … rather it’s because the other three options are in some Representation with nine Elected Members and three Wards way or other less attractive. Even so, the advice would be appropriate … for in my view the current Councillors and Staff are doing a good job.
However, the Discussion Paper does not display the current three-ward arrangement clearly enough … and since this could lead to confusion between Localities and Wards I have modified the diagram in DP p12 to better illustrate the Ward boundaries. Residents of Ocean Beach (Locality) may, for example, be tempted to identify the Scotsdale/Shadforth Ward with the Localities of Shadforth and/or Scotsdale whereas the Ward actually contains properties listed in the Hay, Denmark and Mt Lindesay Localities … the Ward completely encircles the Town Ward as shown below. Dominated by the Mt Lindesay National Park and State Forest in the north, it is otherwise the rural- urban fringe or outskirts of the township as it was pre-2016.
The temptation to divide the new (post 2016) boundaries into two separate Wards should, in my view be avoided because it raises the question “if Ocean Beach Ward why not Shadforth and/or Scotsdale or Hay Wards at some later date?” I believe this Kent/Nornalup Scotsdale/Shadforth Town is enough to rule out Option 2 completely … for such fragmentation could only work against a sense of community rather than enhancing it.
Option 3 would, I think, be potentially even more disruptive to community harmony for there would always be a perception of unbalanced representation. Self-interested power groups with little concern for the welfare of the entire community would be easier to form than at present.
The same concern applies to Option 1for although it is objective, in that it relies on mirroring the post-2016 town boundary, five elected representatives from this area (DP Figure 2) could easily lose sight of those further afield. Moreover, the boundaries must change as the town grows and this means that Ward structure would have to be adjusted … possibly leading to electoral instability.
All in all, I think that the current arrangement is serving us well. We don’t need to make changes. 30 Gail and David The Kent / Nornalup Ward is the largest in area in the shire yet currently has an equal number of constituents per Preference for Option 2 – Create 4 Wards and split the Guthrie councillor percentage wise as the smallest ward, namely the town ward. This therefore appears to be inequitable and Townsite Boundary area into two Wards requires the councillors of the Kent /Nornalup ward to cover a high number of electors compared to the Scotsdale/Shadforth Ward, over a larger area.
The email sent to electors stated: “Ward boundaries and the number of offices of Councillor for each ward will be reviewed against the following factors: • Community interest • Physical and topographic features • Demographic trends • Economic factors • Ratio of Councillors to electors” Addressing these points –
Page 6 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments • Community interest - While not addressed in the document circulated, the community interest of the Kent/Nornalup ward is primarily farming except for the two small towns of Nornalup and Peaceful Bay, who are primarily retired people or absentee owners. The Scotsdale/Shadforth ward would appear to be primarily farming with many small holdings with those opting for either off farm income or more intense farming. Town ward includes both commercial interests, educational institutions, and other employment opportunities, as well as retirees and absentee owners. • Physical and topographic features – Again, although not obviously addressed in the document, the Kent/Nornalup ward has the largest diversity of topographic features ranging from inlets, coastal swamps to dense forests, and the attractions they encompass, with numerous roads to service the farms and attractions within the ward. The town of Peaceful Bay has the challenges of coastal erosion, a lack of potable water and sand hills, while Nornalup has the Frankland river defining its boundary, yet with population on the other side of that river being serviced from the Denmark shire although resident in the Manjimup shire. • Demographic trends – Again insufficient information is given on this topic, but we can only surmise by the number of blocks being released, that the current town ward is growing while the other wards are remaining relatively static. • Economic factors- insufficient information to really comment except for the obvious difference in commercial interests in the town of Denmark as opposed to the rest of the shire. While there are some commercial businesses scattered throughout the shire, these are mostly tourist related and presumable reasonably evenly spread the breadth of the shire, especially closer to the coast and Southcoast Hwy. • Ratio of Councillors to electors – This appears to be the only real category that has been taken into consideration in most of the options given in the document supplied. These options all leave the Kent/Nornalup ward (except for option 3) at a +6% ratio of councillors to electors. Therefore, taking the above factors into consideration, we would submit that Option 2 of the document, but with a realignment of the ward boundaries, to be the preferred option.
Option 3 of the document, a no ward system, is the least preferred. This option has been tried elsewhere and abandoned for the very reasons outlined in the Disadvantages listed. There was also a disproportionate number of councillors elected from some areas of the shire as opposed to others. And while it is not essential for a councillor to live in the area he or she represents, it is generally the case that they do and this is preferable for accessibility to electors and for knowledge of the electorate.
In Option 2, the proposed Ocean Beach ward would have a somewhat similar demographic to the town ward, without the intense commercial area of the town centre. We would have thought it would have been preferable to include the Inlet Dr area within the Ocean Beach ward as this area is divided from the main town by the reserves etc between Ocean Beach Rd and the inlet. This would also go some way to balancing the elector numbers between Town and Ocean Beach, where currently there is a 750-elector difference.
The Kent/Nornalup boundary should be moved further west to reduce the area of that ward and thus removing some of the small lot subdivisions of Panorama Rd, which are more in keeping with the demographic of the Scotsdale/Shadforth Ward than the Kent/Nornalup ward. This would therefore reduce the Ratio thus allowing the councillors of the Kent/Nornalup ward to better service their electors.
We acknowledge that councillors, once elected are in council to serve the whole shire, but the reality is that if an elector needs to speak to a councillor on a matter of shire business, then they will approach their local councillor for their ward. They are also more across the affairs of the local ward than they can possibly be of the whole shire, no matter how conscientious they are, and are therefore better served to have a more balanced number of electors to service. The Kent/Nornalup ward also places more demands on its councillors, not just because of the size of the ward, but also because of the two extra towns it encompasses, with the extra requirements that those towns require compared to the Scotsdale/Shadforth ward which has no towns.
Therefore, we urge the councillors to opt for Option 2 but with ward realignments as outlined. 31 Jesz Fleming My preferred Option is that provided by the Shire as Option 3, a “no Ward” structure. Preference for Option 3 – Implement a ‘no Ward’ structure with nine Elected Members.
Page 7 SCHEDULE OF SUBMISSIONS Shire of Denmark – Ward & Representation Review 2020 Submitters Name Comments Verbatim Officer Comments My reasons are basically embodied in the paper provided by the Shire, a more simpler and cheaper method to administer, and other comments by the Shire, in particular : Most issues required by Councillors to vote on are holistic, an exception being on a particular road upgrade; changing Ward boundaries will be controversial and we can do without that; once we move to a “no Ward” system, the issue goes away.
Yes, it would be more expensive for potential Councillors to post their respective manifestoes out to all Electors, however, many potential Councillors do not post anything out, but rely on their standing in the community and use social media avenues.
My second option would be to retain the status quo. 32 Peni Opitz I am stating how vital I think it is to retain our ward for Peaceful Bay, Kent, Nornalup known as the Kent Nornalup ward Although no preference is given, the Officer interprets this and particularly to have two representatives from this area as shire councillors, and if not two, AT LEAST ONE. comment to mean that the Submitter wishes to retain the current Wards & Representation with nine Elected Members and three Wards 33 Lisa Jones (a) I strongly support retention of the Ward System as outlined in Option 1, Option 2 and Option 4. Opposes Option 3 – (Implement a ‘no Ward’ structure with The rationale is that Peaceful Bay is fairly represented in these Options and the communities of Nornalup and nine Elected Members). Peaceful Bay are keen to keep the Kent/Nornalup Ward relevant. We have two Councillors representing our Ward and have developed a good working relationship to address the issues that affect our communities. The area comprises Submitter does not however provide a preference out of short term holiday accommodation, tourism and associated business interests, rural lifestyle blocks and farming options 1, 2 & 4. enterprises each with their own unique requirements and concerns, which are well understood by our current Council representatives.
(b) I strongly oppose the “No Ward” structure - Option 3. The prime risk being that we are in danger of losing our voice in the decision making process on issues which concern our community and rural representation for the Kent/Nornalup area would diminish, or at worst, disappear altogether. We would also lose the accessibility to a Councillor who is familiar with issues specific to our area. 34 Denmark Ratepayers Thank you for allowing the Denmark Ratepayers and Residents Association an extension of time to formulate a Preference for Option 3 – Implement a ‘no Ward’ structure and Residents response to the Shire’s Ward Review. The DRRA Committee met to discuss this issue as previously advised and we with nine Elected Members. Association canvassed our membership as to their views on the various ward options.
The DRRA Committee, by a large majority, favoured the no ward option. A majority of those members who responded to our survey favoured the no ward option but it was by no means unanimous. 60% voted for no wards and the remainder preferred Options 1,2 or 4.
Some of the arguments for Option 3 were :
1. In a small community, simplicity is best. 2. The existing ward boundaries are artificial and are primarily drawn to balance populations in the three wards. They don’t represent any real differences in lifestyle or culture. 3. It’s better if all Councillors are there to represent all residents and/or ratepayers and to make decisions in the interest of the Shire as a whole. 4. If people are concerned about a lack of local representation in a no-ward scenario, then people from across the Shire should be encouraged to stand for council.
Therefore, the official position of the DRRA is that we support a Ward Review leading to the abolition of the current ward structure and its replacement by a whole of Shire electoral district.
Page 8 BRIEFING NOTE Concept Forum 15 September 2020
SUBJECT : Ward & Representation Review 2020 AUTHOR(S) : Sue Mearns, Executive Support Officer
Purpose / Summary: The purpose of this briefing note is to provide additional information and data to Councillors on the Ward and Representation review.
Background: At the Council Meeting held 21 July 2020, Council was asked to consider the submissions received in relation to the Ward and Representation review and determine its position prior to making a submission to the Local Government Advisory Board for final approval/order.
Council decided at this meeting to defer the item until the October 2020 Ordinary Council Meeting, seeking further information to inform their decision.
Statutory Obligations or Implications: The Local Government Act 1995, Schedule 2.2 requires a Local Government that has a ward system, to carry out reviews of its ward boundaries and the number of offices of councillor for each ward “from time to time so that not more than eight (8) years elapse between successive reviews.”
It must be noted that any decision with respect to the Ward Review must be by an absolute majority.
Policy or Delegation Implications: Nil
Integrated Planning Framework: The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan Actions and Projects in the following specific ways:
Denmark 2027 L5.0 Our Local Government The Shire of Denmark is recognised as a transparent, well governed and effectively managed Local Government. L5.1 To be high functioning, open, transparent, ethical and responsive. L5.2 To have meaningful, respectful and proactive collaboration with the Community. L5.3 To be decisive and to make consistent and well considered decisions.
Corporate Business Plan L.5.2.10 - Undertake a Ward and Representation Review to ensure balanced representation.
Comment / Discussion: The Officer has been advised that Councillors requested information on the amount of Wards other Shires/Councils have within Western Australia and confirmation of advantages and disadvantages of: 20 October 2020 - Attachment 8.3.1c BRIEFING NOTE – Ward & Representation Review 2020 Concept Forum 15 September 2020
• Establishing a ‘no ward’ structure; or • Retaining the current ward structure being 3 wards and 9 Councillors.
Spreadsheet of Western Australian LGO ward structures
Locality # Wards # Electors Shire of Augusta-Margaret River 0 10574 Town of Bassendean 0 11096 Shire of Beverley 0 1325 Shire of Boddington 0 1161 Shire of Brookton 0 684 Shire of Broomehill-Tambellup 0 696 Shire of Bruce Rock 0 659 City of Bunbury 0 22958 City of Busselton 0 27998 Shire of Capel 0 11737 Shire of Carnamah 0 383 Shire of Chapman Valley 0 982 Shire of Chittering 0 3922 Shire of Collie 0 6276 Shire of Coolgardie 0 1670 Shire of Coorow 0 732 Shire of Corrigin 0 804 Shire of Cranbrook 0 725 Shire of Cuballing 0 623 Shire of Cue 0 120 Shire of Cunderdin 0 778 Shire of Dalwallinu 0 798 Shire of Dandaragan 0 2348 Shire of Dardanup 0 9815 Shire of Derby-West Kimberley 0 3308 Shire of Donnybrook-Balingup 0 4339 Shire of Dowerin 0 472 Shire of Dundas 0 334 Shire of Exmouth 0 1573 Shire of Gingin 0 3581 Shire of Gnowangerup 0 740 Shire of Goomalling 0 663 City of Gosnells 0 73121 City of Greater Geraldton 0 26666 Shire of Halls Creek 0 1461 Shire of Harvey 0 18897 Shire of Irwin 0 2653 Shire of Jerramungup 0 758 City of Kalgoorlie-Boulder 0 16682 Shire of Katanning 0 2416 Shire of Kellerberrin 0 805 Shire of Kent 0 330 Shire of Kojonup 0 1269
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BRIEFING NOTE – Ward & Representation Review 2020 Concept Forum 15 September 2020
Shire of Kondinin 0 533 Shire of Koorda 0 258 City of Kwinana 0 25889 Shire of Lake Grace 0 893 Shire of Laverton 0 238 Shire of Leonora 0 413 Shire of Meekatharra 0 324 Shire of Merredin 0 2118 Shire of Moora 0 1643 Shire of Morawa 0 393 Shire of Mount Magnet 0 211 Shire of Mount Marshall 0 325 Shire of Mukinbudin 0 369 Shire of Murchison 0 70 Shire of Murray 0 12641 Shire of Narambeen 0 519 Shire of Narrogin 0 3193 Shire of Ngaanyatjarraku 0 680 Shire of Nungarin 0 155 Shire of Peppermint Grove 0 1135 Shire of Perenjori 0 291 City of Perth 0 12504 Shire of Pingelly 0 776 Shire of Plantagenet 0 3596 Town of Port Hedland 0 8271 Shire of Quairading 0 729 Shire of Ravensthorpe 0 1072 Shire of Sandstone 0 57 Shire of Tammin 0 236 Shire of Three Springs 0 316 Shire of Toodyay 0 3325 Shire of Trayning 0 235 Shire of Upper Gascoyne 0 108 Shire of Wagin 0 1288 Shire of Wandering 0 321 Shire of Waroona 0 2964 Shire of West Arthur 0 580 Shire of Westonia 0 186 Shire of Wickepin 0 496 Shire of Williams 0 662 Shire of Wiluna 0 168 Shire of Wongan-Ballidu 0 930 Shire of Woodanilling 0 294 Shire of Wyalkatchem 0 340 Shire of Wyndham-East Kimberley 0 3223 Shire of Yalgoo 0 106 Shire of Yilgarn 0 654 Shire of York 0 2690
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BRIEFING NOTE – Ward & Representation Review 2020 Concept Forum 15 September 2020
Shire of Bridgetown- Greenbushes 2 3438 Shire of Broome 2 7553 Town of Cambridge 2 19505 Shire of Esperance 2 9146 Shire of Menzies 2 193 Shire of Mingenew 2 291 Town of Mosman Park 2 6100 Shire of Northampton 2 2172 Shire of Shark Bay 2 504 Town of Victoria Park 2 22512 City of Vincent 2 24350 City of Belmont 3 25163 Town of Claremont 3 7396 City of Cockburn 3 74749 Shire of Denmark 3 4537 City of Karratha 3 11583 Shire of Nannup 3 1020 City of Rockingham 3 84744 Shire of Serpentine-Jarrahdale 3 19257 City of Wanneroo 3 127120 City of Bayswater 4 46289 Shire of Carnarvon 4 3156 Town of Cottesloe 4 5997 Shire of Dumbleyung 4 457 Town of East Fremantle 4 5657 City of Kalamunda 4 40597 Shire of Kulin 4 548 City of Mandurah 4 62177 Shire of Mundaring 4 27316 City of Nedlands 4 15291 Shire of Northam 4 7351 City of South Perth 4 29283 City of Subiaco 4 11670 Shire of Victoria Plains 4 547 Shire of Boyup Brook 5 1200 City of Canning 5 54090 City of Albany 6 27016 Shire of East Pilbara 6 2973 City of Fremantle 6 22978 City of Joondalup 6 112543 Shire of Manjimup 6 6374 City of Melville 6 70919 City of Swan 6 93658 City of Armadale 7 55639 Shire of Ashburton 8 2949 City of Stirling 8 147623
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BRIEFING NOTE – Ward & Representation Review 2020 Concept Forum 15 September 2020
Breakdown of Western Australian LGOs – per ward structure
0 Wards 91 2 Wards 11 3 Wards 9 4 Wards 14 5 Wards 2 6 Wards 7 7 Wards 1 8 Wards 2 Total LGOs 137
Graph indicating breakdown of Western Australian LGOs – per ward structure
Wards per Shire/Council
1 0 Wards 2 7 2 2 Wards
14 3 Wards 4 Wards 9 5 Wards
11 6 Wards 91 7 Wards 8 Wards
Spreadsheet of advantages/disadvantages of particular ward structures
Advantages of a ‘no ward’ structure Disadvantages of a ‘no ward’ structure • Elected Members are elected by the • Electors may feel that they are not whole of the electorate, not just a adequately represented if they do not section of it. Elected Members, in have an affinity with any of the accordance with the Act are required Elected Members. Elected Members to represent the views of all electors of living in a certain area may have a the Shire, and make decisions in the greater affinity and understanding of best interest of the municipality as a the issues specific to that area. whole. • Elected Members may feel • Knowledge and interest in all areas of overwhelmed by having to represent the Shire’s affairs would result in all electors, and may not have time or broadening the views beyond the opportunity to understand and immediate concerns of those within a represent all the issues. ward. • It may be more difficult and costly for • Members of the community who want candidates to be elected if they need
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BRIEFING NOTE – Ward & Representation Review 2020 Concept Forum 15 September 2020
to approach an Elected Member could to canvass the entire number of speak to any Elected Member, rather Electors. than only an Elected Member who (seemingly only) represents a particular ward. • Elected Members could use their speciality skills and knowledge for the benefit of the whole local government. • There could be more balanced representation with each Elected Member representing an equal number of Electors regardless of changes to numbers of Electors or population distribution. • The election process is much simpler for the community and for the Shire to administer.
Advantages of retaining current structure Disadvantages of retaining current structure • May lead to Councillors being less • Retains the current ward structure accessible to residents. which is known to the community and • May be seen as under-representing Electors. Electors. • Removes the need to (re)define • Elected Members could become too internal ward boundaries. focused on their own wards, and less • Election process is maintained. focused on the affairs of other wards • May be easier and less expensive for and the whole local government. candidates to focus electioneering to • Competition for resources could ward only. develop where electors in each ward come to expect the services and facilities provided in other wards, whether they are appropriate or not. • The community and Elected Members could regard the local government in terms of wards rather than as a whole community. • Ward boundaries may appear to be placed arbitrarily and may not reflect the social interaction and communities of interest of the community.
Conclusion / Recommendation: In conclusion, the Officer feels that the recommendation provided in item 8.3.1 from 21 July 2020 is appropriate as it supports the majority of the ‘clear and concise’ submissions received from the Community.
However it is acknowledged that the data provided indicates 90 Councils from a total of 137 in Western Australia, favour a ‘no ward’ structure.
Page 6 of 6
7 .6 22 93 04 . 22 . 94 14 . 13 89 6 30 15 13 . 50 19 . 22 . 20 18 2 2 18 17 1 12 1 20 1 2 21 11 21 16 1 19 10 6 18 .2 17 9 03 9 . 44 16 8 . 1 4 14 5 13 5 12 56 7 64 . 45 .6 34 . 6 . .90 5 11 21 12 .05 .83 .12 .35 19 20 14 16 .68 .76 20 4 .70 11 1 .8 99 46 1 1 .0 4 14 .7 7 19
' 14 23 48 75 . 79 . 33 . 7 . .29 .57 93 4 .70 " 12 10 . 19 6 3 11 .73 13 .04 .10 19 65 18 . " 6 .68 .43 5 '39 7 3 RAMP TO .88 9 7 3 11 90 1042 . BEACH 94 . . 3 . 5 7 04 08 . 10 . 5 09 17 6 . 12 . .83 17 05 13 . . 11 11 14 17 16 7 9 19 .88 2 .93 ' . .73 6 .046 14 1 8 7 " .31 85 4 . 91 41 .64 15 9 . . 53 6 3 11 . 13 30 .93 48 . . .42 6 64 01 . 10 12 . GRASSED 10 7 8 3 LEASE AREA .13 AREA 47 6 .29 . 2157m² 11 10 .5247 78 6. . 97 6 4 STEPS TO . 90 48 98 . . ".477570 . 11 6 6 72583.. . CARPARK '3 . 4284 7.35 " .26 74 13 10 7 5 06 " 3 " . . 4 27 . 4 5 26 . 6 0 595 " ' 12 6 . .18 '1 '31 10 .90 28 5 . .26 5 71 6 41 18 25 . ' 11 5 54 12 7 95 71 . 90 13 . . .33. 4 90 12 6 5 4 3.66 269 49 .59 .26 98 3 3 . 95 15 12 46 EXISTING EXISTING4 . 5 .
74 8 1 '54" 12 56 TWO STOREY PATROL 120 25 . .00 .96 CLUB ROOMS BUILDING 11 10 .22 10 5 11 3.68270 9 1
9 PATH 8 23 79 8 . 69 . 52. 8 3 29 . 6 . . 9 23 9 5 4 4 8 10 " .29052 11 16 . . . 5 9 95 ' B '11 57 5 . 29 7 . 4 '4 I .27 630 1 " T 9 . 1 8 18 U .34 6 4 1 " . M 9 3 10 169 41 00 2 E . SINGLE ' 03 "S 2 N . 9 79 25 " TE STOREY . . 9 42 .23 6 6 7 ' 7 . 2 PS EXTENSION 6 15 9 6 3
3 20 OCTOBER 2020 - ATTACH 8.3.3A " 4
163 44 67 25 ' 7 . ACCESS TO H 5 20 T BEACH 9 3 ' . 26 A 11 P 24 " . 2 ~24913 151 14.43
8 3 7625 PA 4 TH DP216756 5 N
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TOILETS
COPYRIGHT THIS DOCUMENT IS AND SHALL REMAIN THE PROPERTY OF DENMARK SURVEY & MAPPING. THE DOCUMENT MAY ONLY 0 5 10 15 20 25 BE USED FOR THE PURPOSE FOR WHICH IT WAS 1 : 500 @ A3 COMMISSIONED AND IN ACCORDANCE WITH THE TERMS OF ALL DISTANCES ARE IN METRES ENGAGEMENT FOR THE COMMISSION. UNAUTHORISED USE D DENMARK SURF CLUB LEASE PLAN OF THIS DOCUMENT IN ANY FORM WHATSOEVER IS PROHIBITED. J
I ORIGINAL PLANNER: N/A H S OCEAN BEACH ROAD G ORIGINAL DRAFTER: ABS F CREATED DATE: 04/10/2011 E M D DENMARK WA 6333 AERIAL DATA: LANDGATE 2010 N C Denmark Survey & Mapping B BOUNDARY CHANGE ABS 04/10/2011 CADASTRAL DATA: SCDB PO Box 339 A ORIGINAL ABS 07/09/2011 TOPOGRAPHIC DATA: Survey 06/09/2011 1 / 55 Strickland St, Denmark 6333 THIS PLAN HAS BEEN PREPARED FOR PLANNING PURPOSES. REVISION DESCRIPTION DRAFTER DATE Ref : 995-01B BOUNDARY LINES ARE REPRESENTATIONAL ONLY AND ARE SUBJECT TO SURVEY. (08) 9848 2262
Reserve 24913 Denmark Surf Life Saving Club – Proposed additional lease area 20 OCTOBER 2020 - ATTACHMENT 8.3.3B
FORM LC1
WESTERN AUSTRALIA LAND ADMINISTRATION ACT 1997 TRANSFER OF LAND ACT 1893 AS AMENDED LEASE OF CROWN LAND (L)
DESCRIPTION OF LAND (Note 1) EXTENT VOLUME FOLIO
LOT 556 ON DEPOSITED PLAN 71707 PART LR3162 172
LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 2) NIL
LESSOR/LESSORS (Note 3)
SHIRE OF DENMARK of 953 SOUTH COAST HIGHWAY, DENMARK, WESTERN AUSTRALIA
LESSEE/LESSEES (Note 4)
DENMARK SURF LIFE SAVING CLUB INCORPORATED of 891a OCEAN BEACH ROAD, OCEAN BEACH, WESTERN AUSTRALIA
TERM OF LEASE (Note 5)
5 Years 0 Months 0 Days
Commencing from the 1st day of November in the year 2020
THE LESSOR HEREBY LEASES TO THE LESSEE the land above described subject to the encumbrances as shown hereon (Note 6)
For the above term for the clear yearly rental of (Note 7) $1.00 payable (Note 8) which shall be deemed to have been paid by the Lessee to the Lessor
20 October 2020 - Attachment 8.3.3c
LEASE
SHIRE OF DENMARK [Lessor]
and
DENMARK SURF LIFE SAVING CLUB INC. [Lessee]
Part of Reserve 24913 Lot 556 on Deposited Plan 71707
Table of Contents
1. DEFINITIONS AND INTERPRETATION 1 1.1 Terms in Reference Schedule 1 1.2 Definitions 1 1.3 Interpretation 2 2. RESERVE, TERM AND HOLDING OVER 2 2.1 Reserve 2 2.2 Term 2 2.3 Monthly Tenancy 2 3. RENT AND RENT REVIEWS 3 3.1 Rent 3 4. OPERATING EXPENSES 3 4.1 Expenses Due to Lessee's Use 3 4.2 Goods and Services Tax 3 5. USE OF THE PREMISES 4 5.1 Permitted Use 4 5.2 Restrictions on Use 4 5.3 No warranty as to Use 4 5.4 Official Requirements and rules 4 5.5 Caveats 4 6. MAINTENANCE AND REPAIR 4 6.1 Repair 4 6.2 Cleaning and Maintenance 4 6.3 Not to pollute 5 6.4 Lessor's right to inspect and repair 5 6.5 Notice of damage or defect in services 5 7. ASSIGNMENT AND SUBLETTING 5 8. INSURANCES AND INDEMNITIES 5 8.1 Lessee's insurance 5 8.2 Lessee's policies 5 8.3 Proof of insurance policies 5 8.4 Lessee's release and indemnity 5 9. OCCUPATIONAL SAFETY AND HEALTH ACT 6 10. DEFAULT AND TERMINATION 6 10.1 Default 6 10.2 Forfeiture of Lease 6 10.3 Consequences of Default 7 10.4 Waiver 7 10.5 Interest on Overdue Money 7 11. TERMINATION OF TERM 7 11.1 Termination by Notice 7 11.2 Lessee's obligations 8
11.3 Failure to Remove Lessee's Property 8 12. GENERAL 8 12.1 Notices 8 12.2 Costs 8 13. OPTION OF RENEWAL 9 14. DAMAGE AND DESTRUCTION 9 14.1 Definitions 9 14.2 Abatement 9 14.3 Either party may terminate 10 14.4 Lessee may terminate 10 15. DISPUTE RESOLUTION 10 16. SEVERABILITY 10 17. ENTIRE UNDERSTANDING 11 18. ORGANISATIONS 11 19. LESSOR'S CONSENT 11 20. PROPERTY LAW ACT 11 Schedule 1 – Reference Schedule 12
Appendix 1 – Surveyed Plan of Leased Premises 15
Appendix 2 – Ministerial Consent 17
1
Parties
1. Shire of Denmark of 953 South Coast Highway, Denmark, Western Australia (Lessor)
2. Denmark Surf Life Saving Club Incorporated [A0821921C] of 891c Ocean Beach Road, Ocean Beach, Western Australia (Lessee)
Agreed terms
SUBJECT TO THE COVENANTS AND POWERS IMPLIED UNDER THE LAND ADMINISTRATION ACT 1997 AND THE TRANSFER OF LAND ACT 1893 AS AMENDED (UNLESS HEREBY NEGATED OR MODIFIED) AND ALSO TO THE COVENANTS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION 1.1 Terms in Reference Schedule Terms in bold type in the Reference Schedule have the meaning shown opposite. 1.2 Definitions Authority includes any government or governmental, semi-governmental, administration, fiscal or financial body, department, commission, council, authority, tribunal, agency or entity including but not limited to any court, tribunal, agency or entity including but not limited to any court, tribunal or person having jurisdiction over the parties, the Premises or this Lease; CEO means the person employed as the Chief Executive Officer of the Lessor from time to time; Claim includes any claim or legal action and all costs and expenses incurred in connection with it; Commencing Date means the commencing date specified in the reference schedule; Financial Year means 1 July to 30 June; Lessor's Property means any property owned by the Lessor on the Premises including but not limited to the items specified in the reference schedule; Lessee’s Property means any property owned by the Lessee on the Premises including but not limited to the items specified in the reference schedule; Land means the land described in the Reference Schedule; Official Requirement means any requirement, notice, order or direction of any statutory authority and includes the provisions of any statute, ordinance or by-law; Plan means the plan of the Land annexed to this Lease (if any); Premises mean the whole of the Land and includes the Lessor's Property; Purposes means the purposes described in the Reference Schedule; Services means all utilities and services to the Premises; Structural Building Repairs means substantial and major repairs or replacement of essential structures relating to all loads, internal actions, material properties and foundation conditions that significantly affect structural sufficiency or serviceability including but not limited to: • floors; • masonry; • roof covering and roof structure;
2 • footings and foundations; • painting of external surfaces; • outer walls of any construction but does not include windows, doors, doorframes, and door furniture; • ceilings; and • Sewerage, drainage and water supply but does not include taps and other visible water fittings. Lessee's Employees means each of the Lessee's employees, contractors, agents, customers, sublessees, licensees, invitees, or others (with or without invitation) who may be on Premises; Lessee's Property includes all fixtures and other on the Premises which are not the Lessor's; Term means the term of this Lease specified in the reference schedule and includes the further term as applicable; and Termination Date means the date of termination of this Lease specified in the reference schedule. 1.3 Interpretation (a) Reference to: (i) the singular includes the plural and the plural includes the singular; (ii) a person includes a body corporate; (iii) a party includes the party's executors, administrators, successors and permitted assigns; (iv) "month" or "monthly" means calendar month or calendar monthly; and (v) a right includes a remedy, authority or power. (b) If a party consists of more than one person, this Lease binds them jointly and each of them severally. (c) Headings are for convenience only and do not form part of this Lease or affect its interpretation. 2. RESERVE, TERM AND HOLDING OVER 2.1 Reserve The Land is vested in the Lessor for the Purposes with the power to lease for any term not exceeding 21 years subject to the consent of the Minister for Lands and this lease is subject to the covenants and powers implied under the Land Administration Act 1997 (WA) and the Transfer of Land Act 1893 (WA) (unless negatived or modified by the provisions of this Lease) and to the covenants and conditions contained in this Lease. 2.2 Term The Lessor leases the Premises to the Lessee for the Term commencing on the Commencing Date. 2.3 Monthly Tenancy If the Lessee continues to occupy the Premises after the Term with the Lessor's consent then: (a) the Lessee does so as a monthly lessee on the same basis as at the last day of the Term; and
3 (b) either party may terminate the monthly tenancy by giving to the other 1 month's notice expiring on any day. 3. RENT AND RENT REVIEWS 3.1 Rent (a) The Lessee must pay the Rent in the amount and method described in the Reference Schedule. (b) Each payment of Rent must be made with an additional amount equal to any goods and services, consumption, value added tax applying to that payment. 4. OPERATING EXPENSES 4.1 Expenses Due to Lessee's Use (a) The Lessee must pay to the relevant authorities all charges for rates, taxes, charges, assessments, licence fees, duties, impositions, penalties, and other outgoings whatever which now or at any time during the Term are assessed and charged upon or in respect of the Premises or the use or occupation of the Premises or any part. (b) The Lessee must pay to the relevant authorities all charges for gas, electricity, water, telephone and internet and the costs incurred by the Lessor in providing Services to the Premises. (c) The Lessee must pay to the Lessor all expenses due solely to the Lessee's use of the Premises. 4.2 Goods and Services Tax (a) Consideration is exclusive of GST The consideration for a Supply under this Lease is exclusive of any GST imposed on the Supply. (b) Recovery of GST If a Supply under this Lease is subject to GST: (i) the Recipient of the Supply must pay, in addition to the other consideration payable or to be provided for the Supply, an additional amount equal to the GST; and (ii) the Recipient must pay the additional amount to the supplier at the same time as the other consideration. However, the Recipient need not pay the additional amount until the supplier gives the Recipient a Tax Invoice. (c) Adjustment of additional amount If the additional amount differs from the amount of GST payable by the supplier on the Supply: (i) the supplier must promptly issue an Adjustment Note to the Recipient; and (ii) an amount equal to the difference must be paid by the supplier to the Recipient, or by the Recipient to the supplier, as appropriate. (d) Reimbursement If any part is entitled to payment of any costs or expenses by way of reimbursement or indemnity, the payment must exclude any part of that cost or expense which is attributable to GST for which that party or the Representative Member of any GST Group of which that party is a member is entitled to an Input Tax Credit. (e) Definitions
4 In this clause, Adjustment Note, GST, GST Group, Input Tax Credit, Member, Recipient, Representative Member, Supply and Tax Invoice have the meanings given in A New Tax System (Goods and Services Tax) Act 1999 (Cth). 5. USE OF THE PREMISES 5.1 Permitted Use The Lessee must only use the Premises for the Permitted Use (refer Item 7 in the Schedule). 5.2 Restrictions on Use The Lessee must not: (a) disturb lessees or owners of adjacent premises; (b) overload any Services; (c) damage the Lessor's Property; (d) alter the Premises, or do any building work without the Lessor's prior consent; (e) do anything that may invalidate the Lessor's insurance or increase the Lessor's premiums or risk; or (f) damage, destroy or remove any native vegetation on the Premises without the Shire of Denmark’s consent other than pruning, trimming or cutting vegetation with the intention of keeping the premises neat and tidy. (g) Not allow anything to be done or to occur in or about the Premises which is noxious, offensive or audibly or visually a nuisance. 5.3 No warranty as to Use The Lessor does not warrant that the Premises: (a) is suitable for any purpose; or (b) may be used for the Permitted Use. 5.4 Official Requirements and rules At its expense, the Lessee must comply with any Official Requirement concerning the Premises, the Lessee's Property or the Lessee's use or occupation of the Premises. 5.5 Caveats The Lessee must not lodge or register any absolute caveat against the certificate of title to the land of which the Premises forms part to protect its interests under this Lease but the Lessee shall be entitled to lodge a "Subject to claim" caveat against the certificate of title to the land of which the Premises forms part. 6. MAINTENANCE AND REPAIR 6.1 Repair (a) The Lessee must: (i) keep and maintain the Premises in good repair, order and condition; and (ii) fix any damage caused by the Lessee or the Lessee's Employees. (b) The Lessee is responsible for Structural Building Repairs and may do any repairs or maintenance to the Premises. 6.2 Cleaning and Maintenance The Lessee must: (a) do such things as may reasonably be required to eradicate, exterminate and keep the Premises free from rodents, vermin, noxious weeds and other pests of any
5 kind, and will procure that pest exterminators are employed from time to time for that purpose; (b) keep the Premises clean and tidy and free of disease; and (c) keep the Lessee's Property clean and maintained in good order and condition. 6.3 Not to pollute (a) The Lessee must not cause pollution in or contamination of the Premises or any adjoining land by garbage, waste matter, oil and other pollutants whether by stormwater or other run-off or arising from use of the Premises. (b) The Lessee must collect and dispose of all garbage, waste matter, oil and other pollutants from the Premises at a place and in a manner required or approved by all relevant authorities having control over the disposal of waste matter and the protection of the environment. 6.4 Lessor's right to inspect and repair (a) The Lessor may enter the Premises for inspection at any reasonable time after giving notice to the Lessee. In an emergency, the Lessor may enter at any time without giving the Lessee notice. (b) The Lessor may carry out any of the Lessee's obligations on the Lessee's behalf if the Lessee does not carry them out on time. If the Lessor does so, the Lessee must promptly pay the Lessor's costs. 6.5 Notice of damage or defect in services The Lessee must promptly give the Lessor notice of: (a) any damage to, defect or disrepair in the Services or the Lessor's Property; and (b) any circumstances likely to cause any risk to the Premises or any person. 7. ASSIGNMENT AND SUBLETTING (a) The Lessee must obtain the Lessor's written consent, and if required by law, the written consent of the Minister for Lands pursuant to the Land Administration Act 1997 (WA) before the Lessee assigns, sublets or deals with its interest in the Premises. (b) Subject to clause 18, the Lessor may grant or withhold its consent in its discretion. 8. INSURANCES AND INDEMNITIES 8.1 Lessee's insurance The Lessee must effect & keep effected in respect of the Leased Premises and use of the Leased Premises: a) building insurance; and b) adequate public risk insurance in any amount not less than $20,000,000 in respect of any one claim. 8.2 Lessee's policies All policies under this clause 8 must be acceptable to the Lessor and endorsed to note the interest of the Lessor as Lessor of the Premises. 8.3 Proof of insurance policies The Lessee must give the Lessor evidence of its insurance if the Lessor asks for it. 8.4 Lessee's release and indemnity (a) The Lessee occupies and uses the Premises at its own risk.
6 (b) The Lessee releases the Lessor and the Minister for Lands from and indemnifies them against all Claims for damages, loss, injury or death: (i) whether or not it is caused by the Lessee's negligence or default if it: (A) occurs on the Premises; (B) arises from the use of the Services on the Premises; or (C) arises from the overflow or leakage of water from the Premises, except to the extent that it is caused by the Lessor's or Minister for Land's deliberate act or negligence; and (ii) if it arises from the negligence or default of the Lessee or the Lessee's Employees, except to the extent that it is caused by the Lessor's or Minister for Land’s deliberate act or wilful negligence. (c) The Lessee releases the Lessor and the Minister for Lands from and indemnifies them against any Claim or costs arising from anything the Lessor is permitted to do under this Lease. 9. OCCUPATIONAL SAFETY AND HEALTH ACT (a) The Lessee acknowledges and agrees that for the purpose of the Occupational Safety and Health Act 1984 (WA) (Act) the Lessee has the control of the Premises and all plant and substances on the Premises. (b) The Lessee releases and indemnifies the Lessor from and against any claim against or obligation or liability of the Lessor under any occupational health and safety legislation as defined in the Act, except to the extent that any breach of the Act is contributed to by the Lessor’s deliberate act or negligence. 10. DEFAULT AND TERMINATION 10.1 Default The Lessee defaults under this Lease if: (a) the Rent or any money payable by the Lessee is unpaid for 20 business days; (b) the Lessee breaches any other term or condition of this Lease and such breach is unremedied within 20 business days of notice of breach having been served on the Lessee; (c) the Lessee assigns its property for the benefit of creditors; or (d) the Lessee becomes an externally-administered body corporate within the meaning of the Corporations Act 2001 (Cth). 10.2 Forfeiture of Lease If the Lessee defaults and does not remedy the default when the Lessor requires it to do so, the Lessor may do any one or more of the following: (a) re-enter and take possession of the Premises and by notice to the Lessee, terminate this Lease; (b) by notice to the Lessee, convert the unexpired portion of the Term into a tenancy from month to month; (c) exercise any of its other legal rights; or (d) recover from the Lessee any loss suffered by the Lessor due to the Lessee's default.
7 10.3 Consequences of Default (a) Repudiation (i) If the Lessee repudiates this Lease or breaches an essential term of this Lease the Lessor may recover all money payable by the Lessee under this Lease up to the end of the Term. However, the Lessor must minimise its loss. (ii) The essential terms are: (A) to pay Rent (clause 3.1); (B) to pay Operating Expenses (clause 4.1); (C) to use the Premises for only the Permitted Use (clause 5.1); (D) to comply with Official Requirements (clause 5.4); (E) to repair (clause 6.1); and (F) not to assign, sublet or deal with the Lease without consent (clause 7). (b) Lessor's Entitlement to Damages The Lessor's entitlement to damages is not limited or affected if: (i) the Lessee abandons the Premises; (ii) the Lessor elects to re-enter the Premises or terminate this Lease; (iii) the Lessor accepts the Lessee's repudiation; or (iv) the parties' conduct constitutes or may constitute a surrender by operation of law. (c) Liquidated Debt The Lessor may remedy any default by the Lessee and recover its costs of doing so from the Lessee as a liquidated debt. 10.4 Waiver (a) No waiver by the Lessor is effective unless it is in writing; (b) Despite the Lessor's knowledge at the time, a demand for Rent or other money owing by the Lessee or the subsequent acceptance of Rent or other money does not constitute a waiver of any earlier default by the Lessee. 10.5 Interest on Overdue Money The Lessor may charge daily interest to the Lessee on any late payment by the Lessee at a rate of 3% above the rate which would be charged to the Lessor by the Lessor's bank for borrowing the same amount on unsecured overdraft as certified by the Lessor's bank manager. 11. TERMINATION OF TERM 11.1 Termination by Notice (a) The Lessor may terminate this Lease by giving 6 months’ written notice to the Lessee, notwithstanding that: (i) the Lessee is not in default; or (ii) that the term of the Lease has not expired. (b) The Lessee may terminate this Lease by giving 3 months’ written notice to the Lessor notwithstanding that the term of the Lease has not expired.
8 (c) In the event of this Lease being terminated pursuant to subclause 11.1(a)or 11.1(b) each Party will retain its rights against the other in respect of any past breach of this Lease;. 11.2 Lessee's obligations On termination the Lessee must: (a) vacate the Premises and give it back to the Lessor in good repair and condition in accordance with the Lessee’s obligations in this Lease; (b) remove all the Lessee's Property from the Premises; (c) repair any damage caused by removal of the Lessee's Property and leave the Premises in good repair and condition; and (d) return all keys, security passes and cards held by it or the Lessee's Employees. 11.3 Failure to Remove Lessee's Property If the Lessee does not remove the Lessee's Property at the end of the Term, the Lessor may: (a) remove and store the Lessee's Property at the Lessee's risk and expense; or (b) treat the Lessee's Property as abandoned, in which case title in the Lessee's Property passes to the Lessor who may deal with it as it thinks fit without being liable to account to the Lessee. 12. GENERAL 12.1 Notices (a) In Writing Any notice given under this Lease must be in writing. A notice by the Lessor is valid if signed by an officer or solicitor of the Lessor or any other person nominated by the Lessor. (b) Notice of Address The Lessee must promptly notify the Lessor of its address and telephone number or email address and update the notice if any changes occur. (c) Service of Notice on Lessee The Lessor may serve a notice on the Lessee by: (i) giving it to the Lessee personally; (ii) sending it to the Lessee's email address; or (iii) posting it to the Lessee's last known address. (d) Service of Notice on Lessor The Lessee may serve a notice on the Lessor by leaving it at, or posting or emailing it to the Lessor's office set out in Item Error! Reference source not found. of the Reference Schedule. 12.2 Costs The Lessee must pay the Lessor: (a) duty (if any) on this Lease; and (b) the Lessor's reasonable legal fees and outlays: (i) for the preparation and negotiation of this Lease; (ii) relating to any assignment or subletting; (iii) arising from any breach of this Lease by the Lessee;
9 (iv) for any Lessor's consent under this Lease. (c) half of any costs associated with registration of this Lease or Amendments to the Lease; and
(d) half of any costs associated with any legal expenses associated with any substantial amendments to the Lease.
13. OPTION OF RENEWAL The Lessor hereby grants to the Lessee the option to renew this Lease for the further term or terms (if any), specified in Item 5 of the reference schedule, so long as the term of the lease plus any option does not exceed 21 years, upon the terms, covenants, conditions and restrictions of this Lease (excepting any exercised right of renewal). The Lessee may exercise such option if and only if: (a) the Lessee has first given to the Lessor written notice of such exercise of option not less than 3 months and not more than 6 months prior to the expiration of the Term; and (b) the Lessee is not, at the time of giving the notice under this clause in breach of any of the terms, covenants or conditions of this Lease. 14. DAMAGE AND DESTRUCTION 14.1 Definitions In this clause 14: (a) abatement notice means a notice given under clause 14.2(a); (b) reinstatement notice means a notice given by the Lessor to the Lessee of the Lessor's intention to carry out the reinstatement works; and (c) reinstatement works means the work necessary to: (i) reinstate the Premises; and (ii) make the Premises fit for occupation and use and accessible by the Lessee. 14.2 Abatement (a) If at any time the Premises are wholly or partly: (i) unfit for occupation and use by the Lessee; or (ii) inaccessible having regard to the nature and location of the Premises and the normal means of access to them, as a result of destruction or damage then from the date that the Lessee notifies the Lessor of the relevant event, the Rent and any other money payable by the Lessee are to abate according to the circumstances. (b) If clause 14.2(a) applies, the remedies for: (i) recovery of the Rent and any other money or a proportionate part falling due after the damage or destruction; or (ii) enforcement of the obligation to repair and maintain, are suspended from the date of the abatement notice until the Premises are reinstated or otherwise made fit for the Lessee's occupation and use and fully accessible.
10 14.3 Either party may terminate If clause 14.2(a) applies, then at any time after 2 months from the date the abatement notice is given either party may terminate this Lease by notice to the other unless the Lessor has within that period of 2 months: (a) given the Lessee a reinstatement notice; and (b) started to carry out the reinstatement works. 14.4 Lessee may terminate If the Lessor gives a reinstatement notice to the Lessee and does not commence the reinstatement works within a reasonable time, the Lessee may terminate this Lease by giving not less than 2 months’ notice to the Lessor and, at the expiration of the notice period, this Lease terminates. 15. DISPUTE RESOLUTION (a) No party to this agreement will start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this agreement (dispute) unless it has complied with this clause. (b) A party claiming that a dispute has arisen must notify the other parties, giving details of the dispute. (c) During the 21 day period after a notice is given under clause 15.5(b) (or longer period agreed in writing by the parties to the dispute) (initial period) each party to the dispute (disputant) must use its best efforts to resolve the dispute. (d) If the disputants are unable to resolve the dispute within the initial period, each disputant agrees that the dispute must be referred for mediation in accordance with the Mediation Rules of the Law Society of Western Australia, at the request of any disputant, to: i. a mediator agreed on by the disputants; or ii. if the disputants are unable to agree on a mediator within seven (7) days after the end of the initial period, a mediator nominated by the President of the Law Society of Western Australia or the President’s nominee. (e) The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a disputant unless that disputant has so agreed in writing. (f) Any information or documents disclosed by a disputant under this clause: i. must be kept confidential; and ii. may not be used except to attempt to resolve the dispute. (g) Each disputant must bear its own costs of complying with this clause and the disputants must bear equally the costs of any mediator engaged. (h) After the initial period, a disputant that has complied with clauses 15.5(a), (b) and (c) may terminate the dispute resolution process by giving notice to each other disputant. (i) If in relation to a dispute a disputant breaches any provision of clauses 15.5(a) to (f), each other disputant need not comply with clauses 15.5(a) to (f), in relation to that dispute.
16. SEVERABILITY (a) As far as possible all provisions of this Lease must be construed so as not to be invalid, illegal or unenforceable. (b) If anything in this Lease is unenforceable, illegal or void then it is severed and the rest of this Lease remains in force.
11 (c) If any provision cannot be read down, that provision will be void and severable and the remaining provisions of this Lease will not be affected. 17. ENTIRE UNDERSTANDING This Lease: (a) contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Lease; and (b) supersedes any prior agreement or understanding on anything connected with that subject matter. 18. ORGANISATIONS (a) If any organisation ceases to exist, a reference to that organisation will be taken to be a reference to an organisation with similar objects to the original organisation nominated by the Lessor. (b) Reference to the president of an organisation will, in the absence of a president be read as a reference to any person fulfilling the duties of a president. 19. LESSOR'S CONSENT Unless otherwise stated, if the Lessor's consent or approval is required: (a) the Lessor must consider the request promptly and be reasonable in giving or refusing its consent or approval; (b) the Lessor may require the Lessee to comply with any reasonable conditions before giving its consent; and (c) it is not effective unless in writing. 20. PROPERTY LAW ACT The following sections of the Property Law Act 1969 (WA) do not apply to this Lease: (a) Section 80; and (b) Section 82.
12 Schedule 1 – Reference Schedule
1. Lessor/Lessor Shire of Denmark of 953 South Coast Highway, Denmark, Western Australia
2. Lessee/Lessee Denmark Surf Life Saving Club Incorporated [A0821921C] of 891c Ocean Beach Road, Ocean Beach, Western Australia
3. Land 3.1 Reserve Reserve 24913 being the whole of the land comprised in Certificate of Title Volume LR3162 Folio 172.
3.2 Purpose Recreation and Public Recreation
3.3 Premises
Part of Lot 556, Reserve 24913, on Deposited Plan 71707 as shown on the surveyed plan (Appendix 1).
4. Term 4.1 Period 5 years 0 months
4.2 Commencing Date 1 November 2020
4.3 Termination Date 31 October 2025
5. Further term 5.1 Period Nil
5.2 Commencing Date Not applicable
6. Rent $1.00 per annum (plus GST)
7. Permitted Use To use the Leased Premises only for the purpose of carrying on in a proper manner the objects of the Lessee as set out in its constitution or Articles of Association as at the date of signing of this lease.
13 8. Lessor's Property Not applicable.
9. Lessee's Property Not applicable.
10. Special conditions The following special conditions (if any) form part of this Lease and in the event of any inconsistency between the foregoing provisions of this Lease and the special conditions, the special conditions prevail:
10.1 Disability Access to Ocean Beach The Lessee acknowledges that the area south of the leased premises is used by the public for disability access to Ocean Beach. Public access to this area is not to be obstructed by the lessee or the lessee’s employees during the term of this lease.
14 ATTESTATION SHEET
Executed by the parties as a Deed on the day of in the year
LESSOR/LESSORS SIGNS HERE (NOTE 9)
The Common Seal of Shire of Denmark was hereunto affixed in the presence of:
Affix Seal Here
Shire President Chief Executive Officer
Print Name Print Name
LESSEE/LESSEES SIGNS HERE (NOTE 9)
The Common Seal of Denmark Surf Life Saving Club Incorporated was hereunto affixed in the presence of:
Affix Seal Here
President Treasurer
Print Name Print Name
INSTRUCTIONS Office Use Only
1. If insufficient space in any section, Additional Sheet Form B1 should be used with appropriate headings. The boxed sections should only contain the words “See Annexure”.
2. Additional Sheets shall be numbered consecutively and bound
to this document by staples along the left margin prior to
execution by parties.
3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the LEASE OF CROWN LAND (L) person signing this document and their witnesses.
4. Duplicates are not issued for Crown Land Titles. LODGED BY NOTES
1. DESCRIPTION OF LAND ADDRESS Lot and Diagram/Plan number or Location name and number to be stated. Extent – Whole, part or balance of the land comprised in the Certificate of Crown Land Title to be stated. PHONE No. The Certificate of Crown Land Title Volume and Folio number to be stated. FAX No.
2. LIMITATIONS, INTERESTS, ENCUMBRANCES and
NOTIFICATIONS
In this panel show (subject to the next paragraph) those REFERENCE No.
limitations, interests, encumbrances and notifications affecting
the land being leased that are recorded on the crown land
title: ISSUING BOX No.
a) In the Second Schedule;
b) If no Second Schedule, that are encumbrances. PREPARED BY (Unless to be removed by action or document before
registration hereof)
Do not show any: ADDRESS (a) Easement Benefits or Restrictive/Covenant Benefits; or
(b) Subsidiary interests or changes affecting a limitation, etc,
that is to be entered in the panel (eg, if a mortgage is shown,
do not show any partial discharges or any document affecting
either). PHONE No. The documents shown are to be identified by nature and
number. The plan/diagram encumbrances shown are to be FAX No. identified by nature and relevant plan/diagram.
If none show “nil”. INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY 3. LESSOR State full name and address of Lessor/Lessors and the address/addresses to which future notices can be sent. 4. LESSEE State full name of Lessee/Lessees and the address/ addresses to which future notices can be sent. If two or more state tenancy eg. Joint Lessees, Lessees in Common. If Lessees in Common specify shares. TITLES, LEASES, DECLARATIONS ETC LODGED HEREWITH
5. TERM OF LEASE
Term to be stated in years, months and days. 1.______Received Items
Commencement date to be stated. Options to renew to be shown. 2.______Nos. 6. RECITE ANY EASEMENTS TO BE CREATED Here set forth Easements to be created as appurlessee to the 3.______lease commencing with the words “together with” and/or any Reservations hereby created encumbering the lease 4.______Receiving Clerk commencing with the words “reserving to”. 5.______7. State amount of yearly rental in words. 6.______8. State term of payment.
9. EXECUTION A separate attestation is required for every person signing this Registered pursuant to the provisions of the TRANSFER document. Each signature should be separately witnessed by an Adult Person. The address and occupation of witnesses OF LAND ACT 1893 as amended on the day and time must be stated. shown above and particulars entered in the Register.
EXAMINED
Appendix 1 – Surveyed Plan of Leased Premises
To be sought from surveyor
Appendix 2 – Ministerial Consent
To be sought
SHIRE OF DENMARK 953 South Coast Highway (PO Box 183), Denmark WA 6333 Ph: (08) 9848 0300 | Email: [email protected] | ABN 24 355 062 623
SERVICE AGREEMENT
This Agreement is made on the day of year
1. PARTIES
Shire of Denmark of 953 South Coast Highway, Denmark, Western Australia and
Denmark Tourism Incorporated [IARN: A10368642] of PO Box 932, Denmark, Western Australia
2. INTRODUCTION a) The Shire of Denmark (“the Shire”) is the manager of the land comprising the whole of Reserve 48198, whole of Lot 501 on Deposited Plan 61023, Certificate of Title Volume LR3157 Folio 222, corner of South Coast Highway and Ocean Beach Road, Denmark. b) The Shire owns the buildings and improvements located on the Reserve including the building known as the Denmark Visitor Centre (“DVC”). c) The Shire has agreed to lease the DVC to Denmark Tourism Inc. (“DTI”) for a term commencing on 1 November 2020 and expiring on 30 June 2021. d) This Service Agreement is intended to replace any agreements made prior to 1 November 2020. e) The Parties enter into this agreement to record the terms of their financial relationship.
3. AGREEMENT
It is agreed as follows:
3.1 During the term of this agreement, and in consideration of the financial assistance provided by the Shire, DTI agrees to:
a) Open and operate the DVC to promote tourism and tourist facilities and services throughout Denmark. b) Use its best endeavours to maintain Level 1 tourism accreditation. c) Operate the DVC in such a manner as shall be consistent with its obligations hereunder and in compliance with the terms of the lease and shall make its operations, as near as possible, financially self-sustaining. d) Each financial quarter present to the Shire’s Chief Executive Officer (“CEO”) to circulate to Councillors and Senior Officers for information; (i) a profit and loss statement; (ii) operating budget; and (iii) visitation numbers. e) The information provided to the Shire in part d) will be circulated internally to Councillors and Senior Officers for information. The Shire of Denmark’s Chief Executive Officer will inform DTI should there be any concerns raised. f) Open and maintain the DVC toilets on Saturdays and Sundays, including provision of all consumables. 20 October 2020 - Attachment 8.3.5a
g) Notify the Shire of any changes to its address, telephone number or email address.
h) Seek approval from the Shire before applying for or requesting State or Federal grant funding.
i) Collaborate with the Amazing South Coast Incorporated and the Australia’s South West to ensure no cross over or competition of services regarding destination marketing.
j) Participate in the development of a Tourism Strategy through feedback and industry specific knowledge and statistics.
k) Sale of merchandise or souvenirs within the DVC must not create any competition concerns for local businesses.
3.2 During the term of this agreement the Shire agrees to:
a) Provide financial assistance of $50,000 (ex GST) to DTI, for the term of the lease and this agreement, to enable it to perform its obligations under this agreement. The Shire, upon receiving an invoice from DTI, will pay these funds within 10 working days.
b) Clean and maintain the DVC toilets during the week (Monday to Friday, inclusive), this includes providing all consumables and cleaning materials.
c) Meet with DTI in March 2021 to discuss DTI’s future operation of the DVC.
3.3 That this agreement records the basis of the financial arrangements between the parties for a specified period being 1 November 2020 to 30 June 2021.
3.4 Neither party shall hereby in any way, or for any purpose, become a partner of the other party in the conduct of that party’s business or otherwise or a joint venturer or a member of a joint enterprise with the other party.
3.5 This Agreement shall be governed by the laws in force in the State of Western Australia.
3.6 In the event of any part of this Agreement being or becoming void or unenforceable then that part shall be severed from this Agreement. Nothing prevents either party proposing a replacement part that is able to be enforced, if required.
3.7 Any amendments to this Agreement are to be agreed to by both parties in writing. The variation then becomes an appendix to this Agreement.
3.8 This Agreement shall be binding upon each party notwithstanding the avoidance, invalidity or unenforceability of any part.
3.9 The tolerance or sufferance of any breach or default under this Agreement shall not be construed to be a consent to or a waiver of that breach or default.
3.10 Neither party shall at any time without the prior written consent of the other party disclose to any person any trade secrets, customer lists, patents, design copyright materials or confidential information relating to the other party’s business or to any of its related or associated companies. Both parties shall at all times take all necessary and available steps to prevent such disclosure to any person not entitled thereto.
3.11 Any demand or notice to any party shall be validly made or given if purporting to be signed by the party or by that party’s representative having that party’s express or implied authority in writing. Such demand or notice is to be delivered or sent by post to the other party at that party’s address. Such demand or notice shall be deemed to have been served on the date which such letter would in the ordinary course of post have arrived at the address to which it is sent.
3.12 Each party shall pay their own legal costs for the preparation, examination and execution of this Agreement and shall share equally any duties payable hereon.
3.13 No party shall assign, transfer or convey any of its rights or obligations under this agreement without the prior written consent of each of the parties.
4. DISPUTE RESOLUTION
4.1 A party claiming that a dispute has arisen must notify the other party in writing by giving details of the dispute.
4.2 During the 21 day period after a notice is given (initial period) each party to the dispute must use its best efforts to resolve the dispute.
4.3 If the dispute is unable to be mutually resolved within the initial period, the dispute will be referred for mediation in accordance with the Mediation Rules of the Law Society of Western Australia.
4.4 A mediator will be nominated by the President of the Law Society of Western Australia or the President’s nominee and each party will share equally any costs associated with the services of a mediator.
4.5 The decision of the mediator shall be final and binding on all parties.
ATTESTATION
The Common Seal of Shire of Denmark was hereunto affixed in the presence of:
Affix Seal Here
Shire President Chief Executive Officer
Print Name Print Name
Executed by Denmark Tourism Incorporated in accordance with section 127 of the Corporations Act 2001:
President Treasurer
Print Name Print Name
Signed by the presence of:
Witness Signature Witness Address
Witness Name Witness Occupation
20 October 2020 - Attachment 8.3.5b
Advice Note to Officer preparing a Lease using this template: This lease template is to be used for community organisations leasing property on a Council Reserve.
FORM LC1
WESTERN AUSTRALIA LAND ADMINISTRATION ACT 1997 TRANSFER OF LAND ACT 1893 AS AMENDED LEASE OF CROWN LAND (L)
DESCRIPTION OF LAND (Note 1) EXTENT VOLUME FOLIO
LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 2)
LESSOR/LESSORS (Note 3)
SHIRE OF DENMARK OF 953 SOUTH COAST HIGHWAY DENMARK
LESSEE/LESSEES (Note 4)
TERM OF LEASE (Note 5)
Years Months Days
Commencing from the day of in the year
THE LESSOR HEREBY LEASES TO THE LESSEE the land above described subject to the encumbrances as shown hereon (Note 6)
For the above term for the clear yearly rental of (Note 7) $1.00 payable (Note 8) which shall be deemed to have been paid by the Lessee to the Lessor
20 October 2020 - Attachment 8.3.5c Advice Note to Officer preparing a Lease using this template: This lease template is to be used for community organisations leasing property on a Council Reserve.
LEASE
SHIRE OF DENMARK [Lessor]
and
[Lessee]
[property address]
Table of Contents
1. Definitions and interpretation 1 1.1 Terms in Reference Schedule 1 1.2 Definitions 1 1.3 Interpretation 2 2. Reserve, term and holding over 2 2.1 Reserve 2 2.2 Term 2 2.3 Monthly Tenancy 2 3. Rent and rent reviews 3 3.1 Rent 3 4. Operating Expenses 3 4.1 Expenses Due to Lessee's Use 3 4.2 Goods and Services Tax 3 5. Use of the Premises 4 5.1 Permitted Use 4 5.2 Restrictions on Use 4 5.3 No warranty as to Use 4 5.4 Official Requirements and rules 4 5.5 Caveats 4 6. Maintenance and repair 4 6.1 Repair 4 6.2 Cleaning and Maintenance 4 6.3 Not to pollute 5 6.4 Lessor's right to inspect and repair 5 6.5 Notice of damage or defect in services 5 7. Assignment and subletting 5 8. Insurances and indemnities 5 8.1 Lessee's insurance 5 8.2 Lessee's policies 5 8.3 Proof of insurance policies 5 8.4 Lessee's release and indemnity 5 8.5 Lessor’s Insurance 6 9. Occupational Safety and Health Act 6 10. Default and termination 6 10.1 Default 6 10.2 Forfeiture of Lease 6 10.3 Consequences of Default 7 10.4 Waiver 7 10.5 Interest on Overdue Money 7 11. Termination of Term 7 11.1 Termination by Notice 7 11.2 Lessee's obligations 8 11.3 Failure to Remove Lessee's Property 8
12. General 8 12.1 Notices 8 12.2 Costs 8 13. Option of Renewal 9 14. Damage and destruction 9 14.1 Definitions 9 14.2 Abatement 9 14.3 Either party may terminate 10 14.4 Lessee may terminate 10 14.5 Dispute resolution 10 15. Severability 10 16. Entire Understanding 11 17. Organisations 11 18. Lessor's Consent 11 19. Property Law Act 11 Schedule 1 - Reference Schedule 12
1
Parties
1. Shire of Denmark of 953 South Coast Highway, Denmark, Western Australia (Lessor)
2. (Lessee)
Agreed terms
SUBJECT TO THE COVENANTS AND POWERS IMPLIED UNDER THE LAND ADMINISTRATION ACT 1997 AND THE TRANSFER OF LAND ACT 1893 AS AMENDED (UNLESS HEREBY NEGATED OR MODIFIED) AND ALSO TO THE COVENANTS AND CONDITIONS CONTAINED HEREIN.
1. Definitions and interpretation 1.1 Terms in Reference Schedule Terms in bold type in the Reference Schedule have the meaning shown opposite. 1.2 Definitions Authority includes any government or governmental, semi-governmental, administration, fiscal or financial body, department, commission, council, authority, tribunal, agency or entity including but not limited to any court, tribunal, agency or entity including but not limited to any court, tribunal or person having jurisdiction over the parties, the Premises or this Lease; CEO means the person employed as the Chief Executive Officer of the Lessor from time to time; Claim includes any claim or legal action and all costs and expenses incurred in connection with it; Commencing Date means the commencing date specified in the reference schedule; Financial Year means 1 July to 30 June; Lessor's Property means any property owned by the Lessor on the Premises including but not limited to the items specified in the reference schedule; Lessee’s Property means any property owned by the Lessee on the Premises including but not limited to the items specified in the reference schedule; Land means the land described in the Reference Schedule; Official Requirement means any requirement, notice, order or direction of any statutory authority and includes the provisions of any statute, ordinance or by-law; Plan means the plan of the Land annexed to this Lease (if any); Premises mean the whole of the Land and includes the Lessor's Property; Purposes means the purposes described in the Reference Schedule; Services means all utilities and services to the Premises; Structural Building Repairs means substantial and major repairs or replacement of essential structures relating to all loads, internal actions, material properties and foundation conditions that significantly affect structural sufficiency or serviceability including but not limited to: • floors; • masonry; • roof covering and roof structure; • footings and foundations;
2 • painting of external surfaces; • outer walls of any construction but does not include windows, doors, doorframes, and door furniture; • ceilings; and • Sewerage, drainage and water supply but does not include taps and other visible water fittings. Lessee's Employees means each of the Lessee's employees, contractors, agents, customers, sublessees, licensees, invitees, or others (with or without invitation) who may be on Premises; Lessee's Property includes all fixtures and other on the Premises which are not the Lessor's; Term means the term of this Lease specified in the reference schedule and includes the further term as applicable; and Termination Date means the date of termination of this Lease specified in the reference schedule. 1.3 Interpretation (a) Reference to: (i) the singular includes the plural and the plural includes the singular; (ii) a person includes a body corporate; (iii) a party includes the party's executors, administrators, successors and permitted assigns; (iv) "month" or "monthly" means calendar month or calendar monthly; and (v) a right includes a remedy, authority or power. (b) If a party consists of more than one person, this Lease binds them jointly and each of them severally. (c) Headings are for convenience only and do not form part of this Lease or affect its interpretation. 2. Reserve, term and holding over 2.1 Reserve The Land is vested in the Lessor for the Purposes with the power to lease for any term not exceeding [insert number of years] subject to the consent of the Minister for Lands and this lease is subject to the covenants and powers implied under the Land Administration Act 1997 (WA) and the Transfer of Land Act 1893 (WA) (unless negatived or modified by the provisions of this Lease) and to the covenants and conditions contained in this Lease. 2.2 Term The Lessor leases the Premises to the Lessee for the Term commencing on the Commencing Date. 2.3 Monthly Tenancy If the Lessee continues to occupy the Premises after the Term with the Lessor's consent then: (a) the Lessee does so as a monthly lessee on the same basis as at the last day of the Term; and (b) either party may terminate the monthly tenancy by giving to the other 1 month's notice expiring on any day.
3 3. Rent and rent reviews 3.1 Rent (a) The Lessee must pay the Rent in the amount and method described in the Reference Schedule. (b) Each payment of Rent must be made with an additional amount equal to any goods and services, consumption, value added tax applying to that payment. 4. Operating Expenses 4.1 Expenses Due to Lessee's Use (a) The Lessee must pay to the relevant authorities all charges for rates, taxes, charges, assessments, licence fees, duties, impositions, penalties, and other outgoings whatever which now or at any time during the Term are assessed and charged upon or in respect of the Premises or the use or occupation of the Premises or any part. (b) The Lessee must pay to the relevant authorities all charges for gas, electricity, water, telephone and internet and the costs incurred by the Lessor in providing Services to the Premises. (c) The Lessee must pay to the Lessor all expenses due solely to the Lessee's use of the Premises. 4.2 Goods and Services Tax (a) Consideration is exclusive of GST The consideration for a Supply under this Lease is exclusive of any GST imposed on the Supply. (b) Recovery of GST If a Supply under this Lease is subject to GST: (i) the Recipient of the Supply must pay, in addition to the other consideration payable or to be provided for the Supply, an additional amount equal to the GST; and (ii) the Recipient must pay the additional amount to the supplier at the same time as the other consideration. However, the Recipient need not pay the additional amount until the supplier gives the Recipient a Tax Invoice. (c) Adjustment of additional amount If the additional amount differs from the amount of GST payable by the supplier on the Supply: (i) the supplier must promptly issue an Adjustment Note to the Recipient; and (ii) an amount equal to the difference must be paid by the supplier to the Recipient, or by the Recipient to the supplier, as appropriate. (d) Reimbursement If any part is entitled to payment of any costs or expenses by way of reimbursement or indemnity, the payment must exclude any part of that cost or expense which is attributable to GST for which that party or the Representative Member of any GST Group of which that party is a member is entitled to an Input Tax Credit. (e) Definitions In this clause, Adjustment Note, GST, GST Group, Input Tax Credit, Member, Recipient, Representative Member, Supply and Tax Invoice have the meanings given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
4 5. Use of the Premises 5.1 Permitted Use The Lessee must only use the Premises for the Permitted Use. 5.2 Restrictions on Use The Lessee must not: (a) disturb lessees or owners of adjacent premises; (b) overload any Services; (c) damage the Lessor's Property; (d) alter the Premises, or do any building work without the Lessor's prior consent; (e) do anything that may invalidate the Lessor's insurance or increase the Lessor's premiums or risk; or (f) damage, destroy or remove any native vegetation on the Premises without the CEO’s consent other than pruning, trimming or cutting vegetation with the intention of keeping the premises neat and tidy. (g) Not allow anything to be done or to occur in or about the Premises which is noxious, offensive or audibly or visually a nuisance. 5.3 No warranty as to Use The Lessor does not warrant that the Premises: (a) is suitable for any purpose; or (b) may be used for the Permitted Use. 5.4 Official Requirements and rules At its expense, the Lessee must comply with any Official Requirement concerning the Premises, the Lessee's Property or the Lessee's use or occupation of the Premises. 5.5 Caveats The Lessee must not lodge or register any absolute caveat against the certificate of title to the land of which the Premises forms part to protect its interests under this Lease but the Lessee shall be entitled to lodge a "Subject to claim" caveat against the certificate of title to the land of which the Premises forms part. 6. Maintenance and repair 6.1 Repair (a) The Lessee must: (i) keep and maintain the Premises in good repair, order and condition including painting of internal surfaces; and (ii) fix any damage caused by the Lessee or the Lessee's Employees. (b) The Lessor is responsible for Structural Building Repairs and may do any repairs or maintenance to the Premises. The Lessor must give the Lessee reasonable notice before doing so and must cause as little disruption to the Lessee's business as is reasonably possible in the circumstances. 6.2 Cleaning and Maintenance The Lessee must: (a) do such things as may reasonably be required to eradicate, exterminate and keep the Premises free from rodents, vermin, noxious weeds and other pests of any kind, and will procure that pest exterminators are employed from time to time for that purpose;
5 (b) keep the Premises clean and tidy and free of infectious diseases; and (c) keep the Lessee's Property clean and maintained in good order and condition. 6.3 Not to pollute (a) The Lessee must not cause pollution in or contamination of the Premises or any adjoining land by garbage, waste matter, oil and other pollutants whether by stormwater or other run-off or arising from use of the Premises. (b) The Lessee must collect and dispose of all garbage, waste matter, oil and other pollutants from the Premises at a place and in a manner required or approved by the Lessor and all relevant authorities having control over the disposal of waste matter and the protection of the environment. 6.4 Lessor's right to inspect and repair (a) The Lessor may enter the Premises for inspection or to carry out maintenance, repairs or major structural repairs at any reasonable time after giving notice to the Lessee. In an emergency, the Lessor may enter at any time without giving the Lessee notice. (b) The Lessor may carry out any of the Lessee's obligations on the Lessee's behalf if the Lessee does not carry them out on time. If the Lessor does so, the Lessee must promptly pay the Lessor's costs. 6.5 Notice of damage or defect in services The Lessee must promptly give the Lessor notice of: (a) any damage to, defect or disrepair in the Services or the Lessor's Property; and (b) any circumstances likely to cause any risk to the Premises or any person. 7. Assignment and subletting (a) The Lessee must obtain the Lessor's written consent, and if required by law, the written consent of the Minister for Lands pursuant to the Land Administration Act 1997 (WA) before the Lessee assigns, sublets or deals with its interest in the Premises. (b) Subject to clause 18, the Lessor may grant or withhold its consent in its discretion. 8. Insurances and indemnities 8.1 Lessee's insurance The Lessee must effect & keep effected in respect of the Premises and use of the Premises adequate public risk insurance in any amount not less than $20,000,000 in respect of any one claim. 8.2 Lessee's policies All policies under this clause 8 must be acceptable to the Lessor and with an insurer approved by the Lessor and endorsed to note the interest of the Lessor as Lessor of the Premises. 8.3 Proof of insurance policies The Lessee must give the Lessor evidence of its insurance if the Lessor asks for it. 8.4 Lessee's release and indemnity (a) The Lessee occupies and uses the Premises at its own risk. (b) The Lessee releases the Lessor and the Minister for Lands from and indemnifies them against all Claims for damages, loss, injury or death: (i) whether or not it is caused by the Lessee's negligence or default if it: (A) occurs on the Premises;
6 (B) arises from the use of the Services on the Premises; or (C) arises from the overflow or leakage of water from the Premises, except to the extent that it is caused by the Lessor's or Minister for Land's deliberate act or negligence; and (ii) if it arises from the negligence or default of the Lessee or the Lessee's Employees, except to the extent that it is caused by the Lessor's or Minister for Land’s deliberate act or wilful negligence. (c) The Lessee releases the Lessor and the Minister for Lands from and indemnifies them against any Claim or costs arising from anything the Lessor is permitted to do under this Lease. 8.5 Lessor’s Insurance (a) The Lessor will insure, at the Lessor’s cost, the Premises. The Lessee must pay to the Lessor the sum of $1,000 for each claim made against the Lessor’s insurance policy relating to the Premises during the term of this lease other than where the premises have been damaged and the cause of the damage was not in any way connected to the Lessee’s, or the lessee’s invitees, occupation of the premises. The Lessor must at its own cost meet all other costs of repair, replacement and reinstatement not met by the insurer in respect of each claim. 9. Occupational Safety and Health Act (a) The Lessee acknowledges and agrees that for the purpose of the Occupational Safety and Health Act 1984 (WA) (Act) the Lessee has the control of the Premises and all plant and substances on the Premises. (b) The Lessee releases and indemnifies the Lessor from and against any claim against or obligation or liability of the Lessor under any occupational health and safety legislation as defined in the Act, except to the extent that any breach of the Act is contributed to by the Lessor’s deliberate act or negligence. 10. Default and termination 10.1 Default The Lessee defaults under this Lease if: (a) the Rent or any money payable by the Lessee is unpaid for 20 business days; (b) the Lessee breaches any other term of this Lease and such breach is unremedied within 20 business days of notice of breach having been served on the Lessee; (c) the Lessee assigns its property for the benefit of creditors; or (d) the Lessee becomes an externally-administered body corporate within the meaning of the Corporations Act 2001 (Cth). 10.2 Forfeiture of Lease If the Lessee defaults and does not remedy the default when the Lessor requires it to do so, the Lessor may do any one or more of the following: (a) re-enter and take possession of the Premises and by notice to the Lessee, terminate this Lease; (b) by notice to the Lessee, convert the unexpired portion of the Term into a tenancy from month to month; (c) exercise any of its other legal rights; or (d) recover from the Lessee any loss suffered by the Lessor due to the Lessee's default.
7 10.3 Consequences of Default (a) Repudiation (i) If the Lessee repudiates this Lease or breaches an essential term of this Lease the Lessor may recover all money payable by the Lessee under this Lease up to the end of the Term. However, the Lessor must minimise its loss. (ii) The essential terms are: (A) to pay Rent (clause 3.1); (B) to pay Operating Expenses (clause 4.1 and Special Condition 12 of the reference schedule); (C) to use the Premises for only the Permitted Use (clause 5.1); (D) to comply with Official Requirements (clause 5.4); (E) to repair (clause 6.1); and (F) not to assign, sublet or deal with the Lease without consent (clause 7). (b) Lessor's Entitlement to Damages The Lessor's entitlement to damages is not limited or affected if: (i) the Lessee abandons the Premises; (ii) the Lessor elects to re-enter the Premises or terminate this Lease; (iii) the Lessor accepts the Lessee's repudiation; or (iv) the parties' conduct constitutes or may constitute a surrender by operation of law. (c) Liquidated Debt The Lessor may remedy any default by the Lessee and recover its costs of doing so from the Lessee as a liquidated debt. 10.4 Waiver (a) No waiver by the Lessor is effective unless it is in writing; (b) Despite the Lessor's knowledge at the time, a demand for Rent or other money owing by the Lessee or the subsequent acceptance of Rent or other money does not constitute a waiver of any earlier default by the Lessee. 10.5 Interest on Overdue Money The Lessor may charge daily interest to the Lessee on any late payment by the Lessee at a rate of 3% above the rate which would be charged to the Lessor by the Lessor's bank for borrowing the same amount on unsecured overdraft as certified by the Lessor's bank manager. 11. Termination of Term 11.1 Termination by Notice (a) The Lessor may terminate this Lease by giving 6 months’ written notice to the Lessee, notwithstanding that: (i) the Lessee is not in default; or (ii) that the term of the Lease has not expired. (b) The Lessee may terminate this Lease by giving 3 months’ written notice to the Lessor notwithstanding that the term of the Lease has not expired.
8 (c) In the event of this Lease being terminated pursuant to subclause 11.1(a)or 11.1(b) each Party will retain its rights against the other in respect of any past breach of this Lease;. 11.2 Lessee's obligations On termination the Lessee must: (a) vacate the Premises and give it back to the Lessor in good repair and condition in accordance with the Lessee’s obligations in this Lease; (b) remove all the Lessee's Property from the Premises; (c) repair any damage caused by removal of the Lessee's Property and leave the Premises in good repair and condition; and (d) return all keys, security passes and cards held by it or the Lessee's Employees. 11.3 Failure to Remove Lessee's Property If the Lessee does not remove the Lessee's Property at the end of the Term, the Lessor may: (a) remove and store the Lessee's Property at the Lessee's risk and expense; or (b) treat the Lessee's Property as abandoned, in which case title in the Lessee's Property passes to the Lessor who may deal with it as it thinks fit without being liable to account to the Lessee. 12. General 12.1 Notices (a) In Writing Any notice given under this Lease must be in writing. A notice by the Lessor is valid if signed by an officer or solicitor of the Lessor or any other person nominated by the Lessor. (b) Notice of Address The Lessee must promptly notify the Lessor of its address and telephone number or email address and update the notice if any changes occur. (c) Service of Notice on Lessee The Lessor may serve a notice on the Lessee by: (i) giving it to the Lessee personally; (ii) sending it to the Lessee's email address; or (iii) posting it to the Lessee's last known address. (d) Service of Notice on Lessor The Lessee may serve a notice on the Lessor by leaving it at, or posting or emailing it to the Lessor's office set out in Item Error! Reference source not found. of the Reference Schedule. 12.2 Costs The Lessee must pay the Lessor: (a) duty (if any) on this Lease; and (b) the Lessor's reasonable legal fees and outlays: (i) for the preparation and negotiation of this Lease; (ii) relating to any assignment or subletting; (iii) arising from any breach of this Lease by the Lessee;
9 (iv) for any Lessor's consent under this Lease. (c) half of any costs associated with registration of this Lease or Amendments to the Lease; and
(d) half of any of the lessor’s reasonable legal expenses associated with any substantial amendments to the Lease that are not requested by either party (for example, if they are required by law or due to a change in circumstances beyond either party’s control).
13. Option of Renewal (a) The Lessor hereby grants to the Lessee the option to renew this Lease for the further term or terms (if any), specified in Item 5 of the reference schedule, so long as the term of the lease plus any option does not exceed 21 years, upon the terms, covenants, conditions and restrictions of this Lease (excepting any exercised right of renewal). The Lessee may exercise such option if and only if: (i) the Lessee has first given to the Lessor written notice of such exercise of option not less than 3 months and not more than 6 months prior to the expiration of the Term; and (ii) the Lessee is not, at the time of giving the notice under this clause in breach of any of the terms, covenants or conditions of this Lease. 14. Damage and destruction 14.1 Definitions In this clause 14: (a) abatement notice means a notice given under clause 14.2(a); (b) reinstatement notice means a notice given by the Lessor to the Lessee of the Lessor's intention to carry out the reinstatement works; and (c) reinstatement works means the work necessary to: (i) reinstate the Premises; and (ii) make the Premises fit for occupation and use and accessible by the Lessee. 14.2 Abatement (a) If at any time the Premises are wholly or partly: (i) unfit for occupation and use by the Lessee; or (ii) inaccessible having regard to the nature and location of the Premises and the normal means of access to them, as a result of destruction or damage then from the date that the Lessee notifies the Lessor of the relevant event, the Rent and any other money payable by the Lessee are to abate according to the circumstances. (b) If clause 14.2(a) applies, the remedies for: (i) recovery of the Rent and any other money or a proportionate part falling due after the damage or destruction; or (ii) enforcement of the obligation to repair and maintain, are suspended from the date of the abatement notice until the Premises are reinstated or otherwise made fit for the Lessee's occupation and use and fully accessible.
10 14.3 Either party may terminate If clause 14.2(a) applies, then at any time after 2 months from the date the abatement notice is given either party may terminate this Lease by notice to the other unless the Lessor has within that period of 2 months: (a) given the Lessee a reinstatement notice; and (b) started to carry out the reinstatement works. 14.4 Lessee may terminate If the Lessor gives a reinstatement notice to the Lessee and does not commence the reinstatement works within a reasonable time, the Lessee may terminate this Lease by giving not less than 2 months’ notice to the Lessor and, at the expiration of the notice period, this Lease terminates. 14.5 Dispute resolution (a) No party to this agreement will start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this agreement (dispute) unless it has complied with this clause. (b) A party claiming that a dispute has arisen must notify the other parties, giving details of the dispute. (c) During the 21 day period after a notice is given under clause 14.5(b) (or longer period agreed in writing by the parties to the dispute) (initial period) each party to the dispute (disputant) must use its best efforts to resolve the dispute. (d) If the disputants are unable to resolve the dispute within the initial period, each disputant agrees that the dispute must be referred for mediation in accordance with the Mediation Rules of the Law Society of Western Australia, at the request of any disputant, to: i. a mediator agreed on by the disputants; or ii. if the disputants are unable to agree on a mediator within seven (7) days after the end of the initial period, a mediator nominated by the President of the Law Society of Western Australia or the President’s nominee. (e) The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a disputant unless that disputant has so agreed in writing. (f) Any information or documents disclosed by a disputant under this clause: i. must be kept confidential; and ii. may not be used except to attempt to resolve the dispute. (g) Each disputant must bear its own costs of complying with this clause and the disputants must bear equally the costs of any mediator engaged. (h) After the initial period, a disputant that has complied with clauses 14.5(a), (b) and (c) may terminate the dispute resolution process by giving notice to each other disputant. (i) If in relation to a dispute a disputant breaches any provision of clauses 14.5(a) to (f), each other disputant need not comply with clauses 14.5(a) to (f), in relation to that dispute.
15. Severability (a) As far as possible all provisions of this Lease must be construed so as not to be invalid, illegal or unenforceable. (b) If anything in this Lease is unenforceable, illegal or void then it is severed and the rest of this Lease remains in force.
11 (c) If any provision cannot be read down, that provision will be void and severable and the remaining provisions of this Lease will not be affected. 16. Entire Understanding This Lease: (a) contains the entire agreement and understanding between the parties on everything connected with the subject matter of this Lease; and (b) supersedes any prior agreement or understanding on anything connected with that subject matter. 17. Organisations (a) If any organisation ceases to exist, a reference to that organisation will be taken to be a reference to an organisation with similar objects to the original organisation nominated by the Lessor. (b) Reference to the president of an organisation will, in the absence of a president be read as a reference to any person fulfilling the duties of a president. 18. Lessor's Consent Unless otherwise stated, if the Lessor's consent or approval is required: (a) the Lessor must consider the request promptly and be reasonable in giving or refusing its consent or approval; (b) the Lessor may require the Lessee to comply with any reasonable conditions before giving its consent; and (c) it is not effective unless in writing. 19. Property Law Act The following sections of the Property Law Act 1969 (WA) do not apply to this Lease: (a) Section 80; and (b) Section 82.
12 Schedule 1 - Reference Schedule
1. Lessor/Lessor Shire of Denmark of 953 South Coast Highway, Denmark, Western Australia
2. Lessee/Lessee [Lessee name] of [Lessee address]
3. Land 3.1 Reserve Reserve x being the whole of the land comprised in Certificate of Title Volume x Folio x.
3.2 Purpose [Insert reserve purpose]
4. Term 4.1 Period [Insert #] years [and #] months
4.2 Commencing Date [Insert Date]
4.3 Termination Date [Insert Date]
5. Further term 5.1 Period [Insert #] years [and #] months
5.2 Commencing Date [Insert Date]
6. Rent $[Insert #] per annum (plus GST)
7. Permitted Use [insert use]
8. Lessor's Property [insert description of Lessor’s Property or if a long list of property is included attach a list and insert “as listed in the attached schedule”]
13 9. Lessee's Property [insert description of Lessee’s Property or if a long list of property is included attach a list and insert “as listed in the attached schedule”]
10. Special conditions The following special conditions (if any) form part of this Lease and in the event of any inconsistency between the foregoing provisions of this Lease and the special conditions, the special conditions prevail:
14 ATTESTATION SHEET
Executed by the parties as a Deed on the day of in the year
LESSOR/LESSORS SIGNS HERE (NOTE 9)
The Common Seal of Shire of Denmark was hereunto affixed in the presence of:
Affix Seal Here
Shire President Chief Executive Officer
Print Name Print Name
LESSEE/LESSEES SIGNS HERE (NOTE 9)
Executed by [Name] (ACN [xxx]) in accordance with section 127 of the Corporations Act 2001:
Director/Sole Director Signature Director/Secretary Signature
Print Name Print Name
Signed by [Name Surname] in the presence of:
Witness Signature Witness Address
Witness Name Witness Occupation
INSTRUCTIONS Office Use Only
1. If insufficient space in any section, Additional Sheet Form B1 should be used with appropriate headings. The boxed sections should only contain the words “See Annexure”.
2. Additional Sheets shall be numbered consecutively and bound
to this document by staples along the left margin prior to
execution by parties.
3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the LEASE OF CROWN LAND (L) person signing this document and their witnesses.
4. Duplicates are not issued for Crown Land Titles. LODGED BY NOTES
1. DESCRIPTION OF LAND ADDRESS Lot and Diagram/Plan number or Location name and number to be stated. Extent – Whole, part or balance of the land comprised in the Certificate of Crown Land Title to be stated. PHONE No. The Certificate of Crown Land Title Volume and Folio number to be stated. FAX No.
2. LIMITATIONS, INTERESTS, ENCUMBRANCES and
NOTIFICATIONS
In this panel show (subject to the next paragraph) those REFERENCE No.
limitations, interests, encumbrances and notifications affecting
the land being leased that are recorded on the crown land
title: ISSUING BOX No.
a) In the Second Schedule;
b) If no Second Schedule, that are encumbrances. PREPARED BY (Unless to be removed by action or document before
registration hereof)
Do not show any: ADDRESS (a) Easement Benefits or Restrictive/Covenant Benefits; or
(b) Subsidiary interests or changes affecting a limitation, etc,
that is to be entered in the panel (eg, if a mortgage is shown,
do not show any partial discharges or any document affecting
either). PHONE No. The documents shown are to be identified by nature and
number. The plan/diagram encumbrances shown are to be FAX No. identified by nature and relevant plan/diagram.
If none show “nil”. INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY 3. LESSOR State full name and address of Lessor/Lessors and the address/addresses to which future notices can be sent. 4. LESSEE State full name of Lessee/Lessees and the address/ addresses to which future notices can be sent. If two or more state tenancy eg. Joint Lessees, Lessees in Common. If Lessees in Common specify shares. TITLES, LEASES, DECLARATIONS ETC LODGED HEREWITH
5. TERM OF LEASE
Term to be stated in years, months and days. 1.______Received Items
Commencement date to be stated. Options to renew to be shown. 2.______Nos. 6. RECITE ANY EASEMENTS TO BE CREATED Here set forth Easements to be created as appurlessee to the 3.______lease commencing with the words “together with” and/or any Reservations hereby created encumbering the lease 4.______Receiving Clerk commencing with the words “reserving to”. 5.______7. State amount of yearly rental in words. 6.______8. State term of payment.
9. EXECUTION A separate attestation is required for every person signing this Registered pursuant to the provisions of the TRANSFER document. Each signature should be separately witnessed by an Adult Person. The address and occupation of witnesses OF LAND ACT 1893 as amended on the day and time must be stated. shown above and particulars entered in the Register.
EXAMINED
16 Appendix 1 – map / aerial / surveyed plan
Appendix 2 – Ministerial Consent
Appendix 3 – Lessee’s Property
DENMARK TOURISM INCORPORATED
AND
DARKSIDE CHOCOLATES (JOHN WADE)
SUB LEASEAGREEMENT DENMARK VISITOR CENTRE
20 October 2020 - Attachment 8.3.5d THIS AGREEMENT made the 1 day of December 2014
BETWEEN:
DENMARK TOURISM INCORPORATED of Denmark Visitor Centre, 73 South Coast Highway, Denmark, Western Australia ("DTI"or "Lessor").
AND
DARKSIDE CHOCOLATES (JOHN WADE) of Denmark, Western Australia ("Lessee").
1. DEFINITIONS AND INTERPRETATION
In this document unless the contrary intention appears: Common Areas means any part of the land not leased to any Lessee and intended for use by all Lessees and their respective customers and agents; Interest Rate means the Lessors interest rate of 12% per annum; Land means that land known as lot 3000 on deposited plan 44269 and being the whole of land in certificate of title volume LR 3135 of folio 904 ("the Visitor Centre"); Head-lease means the lease of Lot 3000 ("the Visitor Centre") by Denmark Tourism Incorporated from the Shire of Denmark (the proprietor of the land).
Sub Lease/Leasemeans, dependingon the context: (a) this document; (b) the leasehold estate arising on the execution of this document; (c) any other legal or equitable interest, such as an agreement for lease relating to this document, the leasehold estate or any agreement, relating to this document or the leasehold estate; or (d) any Holding Over period created under the terms of End of Lease.
Leased Area means that part of the Land identified in Annexure A and defined in the Schedule and includes all of the Lessors fixtures and fittings.
Parties means Lessor and Lessee; Denmark Tourism Incorporated or DTI means the Lessor;
Rent means the rent described in the Schedule;
Term means the period specified in the Schedule;
We or Us means the Lessor described above; and
You means The Sub-Lessee described above. 1.1 Interpretation
In this document unless the contrary intention appears: (a) the Shire of Denmark is registered as the proprietor of all land; (b) the Shire of Denmark has leased the Visitor Centre and all improvements thereon to the DTI; (c) the lease is governed by and construed in accordance with the law of the State of Western Australia; (d) a reference to a clause, schedule or annexure is a reference to a clause of or schedule or annexure to this document and references to this document includes any recital, schedule or annexure; (e) a reference to this document or another instrument includes any variation or replacement of either of them; (f) headingsand any table of contents or index are for convenience only and do not affect the interpretation; (g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (h) the singular includes the plural, the plural includes the singular and any gender includes each other gender; (i) reference to a person includes that person's executors, administrators, successors, substitutes (including persons taking by novation) and assigns; (j) an agreement, representation or warranty in favour of two or more persons is for the benefit of and binds them jointly and severally; (k) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; where the day or last day for doing an action or for the payment of any money or on which any entitlement is due to arise or a notice is deemed served is not a Business Day, the day or last day for doing that action or payment of that money or on which that entitlement arises or notice is deemed served, is deemed to be the next Business Day; where any requirement, calculation or payment of money might otherwise fall to be performed or paid on the 29th, 30th or 31st day of a month which does not contain such a date, then references are construed as reference to the last day of that month; (1) including is deemed to be followed by the words, but not limited to; (m) no rule of construction of documents applies to the disadvantageof a Party on the basis that that Party put forward this document or any relevant part of it; (n) where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning; and (o) a reference to: (i) a right includes a benefit, remedy, discretion, authority or power; (ii) an obligation includes a warranty or representation; (iii) a failure to observe or perform an obligation includes a breach of warranty or representation; and (iv) provisions or terms of this document include a reference to both express and implied provisions or terms. NOWTHEREFORE IT IS AGREED as follows:
2. LEASE AND TERM
2. 1 Lease
In consideration of The Sub-Lessee agreeing to: (a) pay the Rent; and (b) fulfill The Sub-Lessees obligations in the Lease,
The Lessor LEASES to The Sub-Lessee: (c) the Leased Area (d) together with the right of The Sub-Lessee and The Sub-Lessees agents, employees and lawful visitors in common with The Lessors other Lessees to use the Common Areas
TO BE HELD by The Sub-Lessee conditional upon The Sub-Lessee paying the Rent and complying with the covenants and conditions of the Leaseduring the Term.
2. 2 Term
The Term of the Lease is for the Term specified in the Schedule.
3. THE SUB-LESSEES OBLIGATIONS
3.1 Rent and Other Payments
The Sub-Lessee hereby agrees: (a) to pay the rent specified without deduction at the intervals, and at the times and in the manner specified; (b) Non-paymentof rent specifiedto incur an interest rate as specified in section 1. (c) to pay the amount of any increase in the premium rate of insurance effected by the Lessor, if the premium rate increased by reasons of: (i) carrying on The Sub-Lessees trade or business on the Leased Area; or (ii) any alteration or addition to the Leased Area by or at The Sub- Lessees request; (d) to pay all reasonable costs, charges and expenses incurred by the Lessor in completing any repairs or carrying out any works in respect of which The Sub-Lessee has failed to comply with any notice given by the Lessor. (e) to pay for damage to capital infrastructure only when damage is caused by or through an act or omission by the sub-lessee or the sub-lessees employees, agents or lawful visitors. The sub-lessee is not obliged to carry out repairs that are due to the negligence or actions of the Lessor.
3.2 Care of Premises The Sub-Lessee must: (a) maintain at The Sub-Lesseesown expense throughout the Term and for as long as The Sub-Lessee remains in occupation of the Leased Area: (i) the Leased Area; and (ii) all The Lessors fixtures and the fittings, in good repair and condition (damage by fire, storm, earthquake, tempest and Act of God excepted unless by some act or omission on the part of The Sub-Lessee or The Sub-Lessees employees, agents or lawful visitors); (b) not do or allow anything which may cause loss or damage to the Leased Area; (c) pay the costs of damage to the Leased Area caused by or through an act or omission by The Sub-Lessee or The Sub-Lessees employees, agents or lawful visitors and indemnify The Lessor against all claims for damage so caused. All repairs will be carried out by The Sub-Lessee and (at The Lessors discretion) under the supervision of a suitably qualified person nominated by the Lessor; (d) at The Sub-Lesseesown expense keep the Leased Area at all times properly cleaned in a sanitary condition to the satisfaction of The Lessor and cleared and free of any rubbish obstacle or hazard; (e) store all garbage in a proper hygienic manner within the Leased Area and attend to its expeditions disposal and observe any directions given by The Lessor; (f) indemnify the Lessor from all loss and damage to the Leased Area caused by the negligent use or misuse of electricity supplied to the Leased Area or by faulty electric light fixtures installed by or on behalf of The Sub-Lessee; (g) (except in the case of The Lessors own acts or omissions) indemnify the Lessor from all losses, claims and expenses which The Lessor may suffer in connection with loss of life, personal injury or damage to property arising out of any occurrence at the Leased Area or the use by The Sub-Lessee of the Leased Area; (h) give the Lessor prompt written notice of any accident to or defects in or want of repair to the electric light wiring or fixtures and of any circumstances likely to be or to cause any risk to the Leased Area or any person in them; (i) not do or allow to be done on the Leased Area anything which may be or become a nuisance to the Lessor or occupiers of any neighboring premises, and immediately abate any nuisance; (j) not, without The Lessors previous written consent install any electrical equipment on the Leased Area that would or might overload the cables switchboard or sub-boards through which electricity is conveyed to the Leased Area; (k) park vehicles with minimum inconvenience to any other persons on the Land; (I) not sleep nor allow any person to sleep in the Leased Area; and (m) not use nor allow any person to use the Leased Area for any immoral or unlawful purpose.
3.3 Use of the Leased Area
The sub-lessee is entitled, at The Sub-Lessees own expense to: (a) install name or signage promoting The Sub-Lessees business at the Leased Area including signage in common external areas (i. e. under-verandah hanging sign, signage on the verandah facia, signage on the external wall and glass of the leased area, and sandwich board signage on the footpath) upon approval by the lessor and where necessary the Shire of Denmark. A signage license must be obtained from the Shire of Denmark for external signage. The cost of obtaining this license is at the sub-lessees own expense; (b) secure the Leased Area with a lockable door upon approval by The Lessor ensuring that the door is unlocked to the public six (6) days during peak season (October to April, inclusive but excluding Christmas Day) and four (4) days during off-peak season (May to September, inclusive), from 9am to 5pm. A key to the premises must be made available to The Lessor (CEO of DTI and Coordinator of the Denmark Visitor Centre) to enter the premises under the terms of the Lease; All stock left on the premises is done so at the Lessees own discretion. The Lessor accepts no responsibility for lost or damaged stock during opening or closing hours. (c) install additional electricity sockets; The sub-lessee is entitled, at no cost to the sub-lessee to: (d) to have access to a dedicated parking bay; (e) unlimited access to the leased area; and (f) use of the tea room and staff toilets. Other than that. The Sub-Lessee must: (g) use the Leased Area as a dedicated production and retail space that fairly represents in a professional way and to the satisfaction of the lessor the sale of tourism related products that support the promotion of tourism in Denmark and that are consistent with the concept of Darkside Chocolates; (h) observe the Headlease (Annexure B) and not act in such a way that would cause a breach of the Headlease. Where inconsistencies occur between this sub-lease and the Headlease, the provisions of the Headlease apply; (i) not without The Lessors previous written consent: (i) make any external or internal alteration to the roof, walls or floors; or (ii) install any fitting or equipment, particularly any water, gas or electrical fixtures for illuminating, air-conditioning, heating, cooling or ventilating the Leased Area. 0) the Lessor acknowledges that the Sub-Lessee may require outside of hours access and The Lessor consents to this providing: (i) premises are secure; and (ii) all obligations in item 3. 2 are adhered to. (k) The Sub-Lessee is permitted to utilise fixtures and fittings supplied by the Lessor for the term of the lease. The Sub-Lessee is responsible for fixing breakage or damage caused to the fixtures and fittings by or through an act or omission by The Sub-Lessee or The Sub-Lesseesemployees, agents or lawful visitors. The Lessoraccepts reasonable wear and tear of the fixtures and fittings over the term of the lease; and (I) have approval from The Lessor for any other use of the leased area not identified in section 3. 3. The approval must be in writing.
3.4 Insurance
The Sub-Lessee must: (a) at the Sub-Lessees own expense effect and keep in force such policies of insurance approved by The Lessor (such approval not be unreasonablywithheld) insuring against public liability for not less than $5 Million in respect of any one occurrence for the risks normally covered by a public insurance policy or nominated by The Lessor in writing. The Lessor may increase or decrease the minimum cover by notice of not less than 30 days; (b) produce to The Lessor a copy of any policy of insurance so effected and a current certificate of renewal; (c) produce to The Lessor a copy of any business or planning approval as required by the Shire of Denmark; (d) not without The Lessors written consent allow any act or omission upon the Leased Area that increases the rate of premium under any policy of insurance taken out by The Lessor. If the Sub-Lessee fails to comply with this obligation. The Sub-Lessee must pay the amount of any increased premium to The Lessor upon demand; (e) at all times in the Sub-Lessees use of the Leased Area comply with the requirements of the relevant authorities and all laws and regulations for the time being relating to fires and the provisions of any and every relevant statute regulation and ordinance. If the Sub-Lessee allows any act that invalidates any policy of insurance effected for The Lessors benefit then The Sub-Lesseeis responsible for any damage or loss; and (f) pay the appropriate insurer not less than 7 days before the date specified for payment, all premiums due on all insurance policies to be taken out by The Sub- Lessee pursuant to the provisions of the Lease. If The Sub-Lessee fails to make such payments then The Lessor may pay the premiums and recover all moneys expended from The Sub-Lessee together with interest.
3.5 Dealing with the Lessors Interests
The Sub-Lesseemust not withoutThe Lessorsconsent in writing: (a) assign, mortgage, charge or (sub) let the Leased Area; (b) by any act or deed permit (either voluntarily or involuntarily) the Leased Area to be assigned, mortgaged, charged or (sub) let; or (c) part with possession of the LeasedArea for any part of the Term.
3.6 End of Lease
At the end or sooner determination of the Lease, The Sub-Lessee must: (a) Unless otherwise directed by The Lessor, reinstate any portion of the Leased area added to or altered to a reasonable condition and repair any damage; (b) if so required by The Lessor to The Lessors reasonable satisfaction: (i) remove any name or signage at the Leased Area; and (ii) make good all damage to the intent that the Leased Area is left as if no such name or signage had been placed on it;
(c) deliver up possession of the Leased Area in good repair and condition; (d) remove from the Leased Area all of The Sub-Lessees fixtures and fittings other than fixtures or fittings which in the lessors opinion form an integral part of the Leased Area. If the lessor can find a future use for fixtures and fittings owned by The Sub- Lessee both parties may agree to negotiate reasonable consideration for those fixtures and fittings. All fixtures and fittings which The Sub-Lessee is obliged to leave in the Leased Area remains The Lessors property; (e) surrender all keys for the Leased Area to The Lessor; and (f) allow intending Lessees upon application to view the Leased Area. If The Sub-Lessee remains in occupation of the Leased Area with The Lessors consent after the end of the Term, The Sub-Lessee does so as a periodical Lessee at a rental equal to the Rent payable immediately before the end of the Term. The tenancy is determinable by 3 months' notice in writing given by either party and The Sub-Lessee is entitled to remain in possession of the Leased Area subject to the rights and obligations in the Lease.
LESSORS OBLIGATIONS
If The Sub-Lessee duly pays the Rent and observes the obligations of the Lease, The Lessor will: (a) allow The Sub-Lessee quiet enjoyment of the Leased Area during the Term without any interruption by The Lessor; (b) not sub-let any other part of the business or building to a business that directly conflicts with the sub-lessees primary business (as described in section 3. 2); (c) maintain the Leased Area in a sound structural condition; (d) repair all items of damage in respect of the Leased Area which are not specifically TheSub-Lesseesresponsibility to repair; (e) keep the Common Areas in a suitable state of repair; (f) maintain in working condition all mechanical installations and services provided by The Lessor or connected by The Lessor to the Leased Area; (g) at its own cost comply with and observe all notices and requirements of any statutory, public, local or other competent authority with respect to the Land and/or leased area whether or not involving structural alterations except such as may be served on the Lessor relating solely to The Sub-Lessee'soccupation and/or use of the leased area; (h) undertake all works necessary to keep the leased area air, wind and water tight and in good and substantial repair and condition and to a satisfactory standards having regard to the sub-lessees use of the leased area provided that nothing in this clause renders the Lessor responsible to undertake works which are the responsibility of the sub-lessee under the lease or which are otherwise due to the act, default or omission of The Sub-Lesseeor The Sub-Lesseesemployees, agents or invitees; (i) comply with the terms of the Headlease (Annexure B) and keep the Headlease in good standing through the term of the Sub-lease; and (j) promote the sub-lessee on www.denmark. com. au and train the staff of the Denmark Visitor Centre to refer clients where relevant to the sub-lessee.
5. LESSORS RIGHTS
5.1 General Rights
The Lessor may: (a) enter the Leased Area with workmen and equipment where necessary at all reasonable times without previous notice and without abatement of Rent or payment of compensation to The Sub-Lessee, to: (i) inspect, install or remove any pipes, cables or other things necessary for any existing or future service to the Leased Area; (ii) examine the state of repair and condition of the Leased Area; (iii) give notice in writing for The Sub-Lessee to repair in accordance with the obligation in the Lease and The Sub-Lessee must within one (1) month from the service of the notice repair according to the notice; (iv) enter the Leased Area and make repairs if The Sub-Lessee fails to comply with any notice; and (v) repair any adjoining property belonging to The Lessor. (k) after the end of the Lease, store, or dispose of and retain the proceeds of disposal of any items belonging to The Sub-Lessee in the Leased Area, without being deemed liable in conversion or becoming liable for any loss or damage. The right in this clause arises from the Lease, and is irrespective of any power of sale under the Warehousemens Liens Act 1952 (WA); (I) grant or refuse in The Lessors absolute discretion any consent or approval; and (m) do by ourselves or through any Solicitor, agent, contractor or employee all acts and things, which The Lessor is, empowered to do under the Lease.
5. 2 Notice of Breach of Lease Obligations
If The Sub-Lessee fails to observe The Sub-Lessees obligations in the Lease, before The Lessor commences any action The Lessor will give The Sub-Lessee: (a) written notice as required by law; or (b) if no notice is prescribed, a written notice addressed to The Sub-Lessee describing the default and requiring The Sub-Lessee to remedy the default within 7 days.
5.3 Termination
If: (a) the rent or any part of it or any other moneys payable by The Sub-Lessee is at any time in arrears and unpaid for 7 days after becoming due. The Lessor will give written notice of termination (but not formal or legal) of the sub-lease in the event this occurs; (b) The Sub-Lessee fails to comply fully with any notice under the terms of the Lease; (c) The Sub-Lessee Vacates the Leased Area; (d) The Sub-Lessee: (i) assigns The Sub-Lessees interest in the Lease; (ii) enters into a deed of arrangement for the benefit of The Sub- Lessees creditors; or (iii) has any execution issues against any of The Lessors property or assets which is not satisfied within 7 days, The Lessor may immediately: (iv) without any notice enter the Leased Area or retake the possession of the Leased Area, and immediately the Lease will be terminated. For the purpose of re-entry The Lessor has the power to open by any means any door or fastening and to remove any property (without being liable for any action for trespass, assault or other proceedings); or (v) by written notification to The Sub-Lessee terminate the Lease. 10 (e) the Lessors acceptance of any late payment of Rent does not constitute a waiver of the Rent in respect of the late payments or The Sub-Lessees continuing obligation to pay Rent. (f) termination of the Lease does not release The Sub-Lessee from liability in respect of Rent or from breaches of any obligation. (g) after termination. The Lessor is entitled to recover from The Sub-Lessee damages for loss of the benefits anticipated from performance of the Lease. (h) The Sub-Lessee is obliged to compensate The Lessor for any breach of an obligation of the Lease and The Lessor is entitled to recover damages from The Sub-Lessee in respect of such breaches. The Lessors entitlement is in addition to any other remedy to which The Lessor is entitled (including termination of the Lease). (i) if The Sub-Lessees conduct constitutes a repudiation of the Lease (or The Sub- Lessees Lease obligations). The Sub-Lessee must compensate The Lessor for the loss or damage suffered by reason of the repudiation of breach. (j) the Lessors entitlement to recover damages is not limited by any of the following: (i) The Sub-Lessee abandons or vacates the Leased Area; (ii) the Lessor elects to re-enter or to terminate the Lease; (iii) the Lessor accepts The Sub-Lessees repudiation; or (iv) conduct by The Sub-Lessee or The Lessor which constitutes surrender by operation of law.
DESTRUCTION
If the Leased Area is destroyed or so damaged by events beyond The Sub-Lessees control as to be (in The Lessors opinion) unfit for occupation and use: (a) The Sub-Lessee or The Lessor may by notice in writing to the other within 60 days elect to terminate the Lease. The Term terminates 1 month after notice given and The Sub-Lessee must surrender the Leased Area to The Lessor. Neither The Lessor nor The Sub-Lessee have any claim against the other either in law or in equity in respect of the determination; (b) the Lessor will rebuild or reinstate the leased premises as soon as reasonably practicable. If this is not a practicable option clause 6(a) will be exercised. (c) rent reserved (or a fair and just proportion of it according to the nature and extent of the damage sustained) is suspended until the Leased Area is again fit for occupation and use. In case of a dispute over this proviso it must be referred to the award of a single Arbitrator in accordance with the provisions of the Commercial Arbitration Act 1985 (WA); and (d) clauses 6(a) and 6(b) do not apply in case of destruction or damage occasioned by the act or omission of The Sub-Lessee or The Sub-Lessees employees, agents or lawful visitors.
GENERAL
7.1 Notices
10 11 A notice or demand may be signed by the Party giving the notice or demand or that party's solicitor and is deemed adequately served or given if served or given in accordance with the provisions of Section 135 of the Pf-opertyf. owAcf.i969 (WA) (as amended). 7. 2 Moratorium
The application to the Lease of any moratorium or statute (State or Federal) having the effect of: (a) extending the term; (b) reducing or postponing the payment of any rent; or (c) affecting the operation of the terms, covenants and conditions on The Sub-Lessees part.
7.3 Effect of Waiver
No consent or waiver expressed or implied by The Lessor to or of any breach of any terms or obligations of The Sub-Lessees is construed as a consent or waiver to any other breach of the terms or obligations.
7. 4 Non-Merger
Neither: (a) the terms and conditions of the lease; (b) any act done under or in connection with the Lease; nor (c) any other agreement between the Parties, is a merger of any of the rights and remedies of the Parties under the Lease or in or under any such other agreement all of which continue in full force and effect.
7.5 Lessor Not Liable to Third Parties
The Lessor is not responsible for loss, damage or injury to any person or property or effects of The Sub-Lessee or any other person in or about the Leased Area unless it arises from any wilful or negligent act or omission by The Lessor, The Lessors employees or agents.
7. 6 Lessor not Liable for Damage to Property
The Lessor is not liable for property in the Leased Area during the Term which is destroyed or damaged by water, heat, fire or in any other way.
7. 7 Lessor not Liable for Interruption of Services
Despite any implication or rule of law to the contrary, The Lessor is not (except for any wilful or negligent acts of The Lessor or The Lessors employees or agents) liable to The Sub- Lessee for any loss or damage suffered by The Sub-Lessee.
7. 8 Negation of Warranty
11 12 The Lessor does not expressly or impliedly warrant that the Leased Area is now or will remain suitable for all or any of The Sub-Lessees purposes. Any warranties as to suitability of the LeasedArea implied by law are expressly negatived.
7. 9 The Sub-Lessees Risk
The Sub-Lessee occupies the Leased Area at The Sub-Lessees own risk.
7. 10 Severability
If a provision in the Lease is prohibited by law it is ineffective but does not invalidate or modify the remaining provisions of the Lease.
7. 11 Entire Agreement
The Sub-Lessee acknowledges and declares: (a) in entering into the Lease The Sub-Lessee has not relied on any promise, representation, undertaking or warranty given by The Lessor or on The Lessors behalf in respect of: (i) The suitability of the Leased Area;or (ii) The facilities, amenities or services to the Leased Area for any use, (b) the covenants and provisions in the Lease (expressed or implied by statute) cover and comprise the whole of the agreement between the Parties; (c) no further or other covenants or provision are deemed to be implied or to arise between the Parties by way of collateral or other agreement.
7. 12 Dispute Resolution
In the event of an irreconcilable difference engage an independent mediator for want of a fair and equitable resolution.
7. 13 Market Review
Lessor or Lessee need to indicate within three months prior/after the term of the lease that they intend to do a market review.
7. 14 Legal Costs
Both the Lessor and sub-lessee must pay their own legal costs except where legislation requires otherwise.
12 13
SCHEDULE
ITEM!
This agreement made the 1 day of December 2014
ITEM2
The Sub-Lessees Name and Address: John Wade Dark Side Chocolates PO Box 23 DENMARKWA 6333
Phone: 0407 984 820
FTEM3 Rent: Rent: $7, 200. 00 per annum, plus GST; or $600. 00 per calendar month, plus GST.
Installments: monthly
Date of First Installment: 1 day of December 2014
Review: On each anniversary of the Term of Lease, the monthly rental for the next twelve month period shall be adjusted by the change in the Consumer Price Index (CPI) for Western Australia for the immediate twelve month period.
Please note the terms of the Tenant Guide attached to this sub-lease.
ITEM 4 Outgoings: Based on average daily consumption as per previous premises occupied by DarksideChocolates being 11 units of electricity. Outgoings will be worked out based on average daily unit consumption of 11 units at the Denmark Visitor Centres 'Business Plan Tariff being 25 cents per unit plus GST. Subject to change if Synergy increase cents per unit. Reviewed after 6 months (1 June 2015)
ITEMS Term of Lease:
Period: 4 years with 1x3 year option (total of seven years) Commencement Date: 1 day of December 2014 Expiry Date: Idayof December 2018
13 14 ITEM 6 Option: 1x3 year option Being a term to 1 December 2021 Commencement Date: 1 day of December 2018
If the Sub-lessee wishes to exercise the option under the Sub-lease it will need to be in writing 60 days prior to the expiration of the Sub-lease.
The Lessor reserves the right to conduct a Market Review if the option is exercised beyond the original term.
ITEM 7
Council may wish to relocate Dark Side Chocolates to an alternative location within the Denmark Visitor Centre within the term of the lease and if so. Council would meet all relocation costs.
ITEM8
Dark Side Chocolates will allow the Denmark Visitor Centre to sell packaged chocolates outside of the agreed operating hours of Dark Side Chocolates (as per section 3. 3b). Dark Side Chocolates and the Coordinator of the Denmark Visitor Centre should agree to the level and supply of stock. The Denmark Visitor Centre will charge Dark Side Chocolates 20% commission on the retail price of all stock sold.
ITEMS Use of Premises: As per Section 3. 3 of the Sub-Lease document. rCEMlO Leased Area: The hatched area of 54 square metres indicated on Annexure A being part of 73 South Coast Highway, Denmark of lot 3000 on deposited plan 44269 and being the whole of land in certificate of title volume LR 3135 of folio 904 ("the Visitor Centre").
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SIGNED by Simon Lyas for and on behalf of In the presence of: Denmark Tourism Inc: LUL CiD^LSL yo^~ 0^1 (soMc^fo^ Witi'ie^s Signature Sj»1on Lya/^ di Ac'C£)(jn(- Adonini^t-raf'o^' Witness Occupation SIGNED by In the presence of: iuLC^&JL Witrfess Signature JOHNVfAPE DARK/S|6E CHOCOLATES ^uli& Co 1^ /sfss Name in Full 34 6i 15 16 ANNEXURE A - FLOOR PLAN OF DVC <. i, .^ VA ^ ? ~^ % -n /-\. 16 17 ANNEXUREB: HEADLEASE(SHIRE OF DENMARK& DENMARKTOURISM INC) 17 Shire of Denmark Y12 LEADERSHIP AWARD Recipient List Year Award recipient Tyne Logan 2011 Approved Activity: Travelled to London to Study at the Academy of Media and TV. Lily Winer 2012 Approved Activity: Travelled to Northern Thailand to work with the Borderless Friendship Foundation. Hannah Lloyd-Deely 2013 Approved Activity: Travelled to Chiang Mai, Thailand to volunteer for the Thai Elephant Conservation Program. Ryan Christophers 2014 Approved Activity: Adventure Out – Abseiling at the Stirling Range National Park Alannah Kenny 2015 Approved Activity: Early Childhood Diploma. Corey Benson 2016 Approved Activity: World Challenge Program Julian Anderson 2017 Approved Activity: Young Endeavour Chai Robertson 2018 Approved Activity: Instructional seminar at Polyface Organic Farm, Virginia, USA William Roocke 2019 Approved Activity: Global Eco-Conference Ecotourism Queensland Australia Shire of Denmark 953 South Coast Highway (PO Box 183), Denmark WA 6333 Ph: (08) 9848 0300 Fax: (08) 9848 1985 Email: [email protected] Website: www.denmark.wa.gov.au