MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, THURSDAY ISLAND ON WEDNESDAY, 28 JUNE 2017 ______

PRESENT Mayor Vonda Malone (Chair) (late arrival), Cr. Yen Loban (Deputy Mayor) (Chair) Cr. John Abednego, Cr. Gabriel Bani, Dalassa Yorkston (Chief Executive Officer) Andrew Brown (Director Corporate and Community Services), Keith Yorkston (Director Engineering and Infrastructure Services), Mr Bill Cutherbertson (TSC Engineering Consultant) and Laura Perry (Minute Secretary)

The meeting opened with a prayer by Cr. Bani at 9.32am.

In the absence of the Mayor, the Deputy Mayor acted as Chair and opened the meeting.

ACKNOWLEDGEMENT

The Deputy Mayor acknowledged the traditional and rightful owners, both past and present, throughout the Torres Strait.

CONDOLENCES As a mark of respect, Council observed a minute’s silence in memory of:

Brian Mills Noel Bon Garmai Trevallion Akoko Mabo Reverend Dave Passi

APOLOGY Min. 17/06/1 Moved Cr. Abednego, Seconded Cr. Bani “That Council accept the apology received from Cr. Thomas Loban in not attending this meeting.” Carried

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT Nil

CONFIRMATION OF MINUTES

Min. 17/06/2 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council receive the Minutes of the Ordinary Meeting of 16 May 2017 and confirm as a true and correct record of the proceedings.” Carried

Min. 17/06/3 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council receive the Minutes of the Special Meeting of 12 June 2017 and confirm as a true and correct record of the proceedings.” Carried

MATTERS OF ACTION FROM PREVIOUS MEETING Nil

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1 CHIEF EXECUTIVE OFFICER

REPORT

Operational Plan 2016/2017 The third Quarterly review shows the extent to which each performance target, set for each principal function, has been achieved for the 2016-2017 plan

Min. 17/06/4 Moved Cr. Bani, Seconded Deputy Mayor Loban “That Council receive and note the 2016-2017 Operational Plan – Quarterly Report to April 2017.” Carried

Grants to Community Organisations Council has received requests for assistance for support pursuant to the ‘Grants to Community Organisations Policy’ a) Assembly of God Church – request received for in-kind machinery support to assist with the frontage and road into the AOG Church on Loban Road, Thursday Island. b) One Blood Hidden Image – request for funds to support a music video project for ‘Seaman Dan’ through One Blood Hidden Image.

Min.17/06/5 Moved Cr. Abednego, Seconded Cr. Bani “That Council endorse the following under the Grants to the Community Organisation Policy - a) In-kind Machinery Support for Assembly of God Church - $1000 b) Monetary Grant to One Blood Hidden Image - $250.” Carried

Torres Shire Council Register of Delegations Section 260 of the Local Government Act 2009 (“LGA”) relevantly provides that:

(a) Council’s chief executive officer (“CEO”) must establish a register of delegations that contains the particulars prescribed under a regulation; and (b) the CEO must record all delegations by Council, the Mayor or the CEO in the register of delegations; and (c) the public may inspect the register of delegations.

The Council Register has been prepared in accordance with the requirements of section 257 of the LGA for each power under the LGA or another Act which may be delegated by Council to the CEO.

Under section 258 of the LGA, the mayor of a Council may delegate the Mayor’s powers to another councillor of Council. The Council Register does not purport to identify any power as a power of the Mayor which may be delegated to another councillor of Council.

Min.17/06/6 Moved Cr. Bani, Seconded Cr. Abednego “That Council endorse – (1) All powers referred to in the document titled “Register of Delegations – Council to CEO” are hereby delegated by Council to the Chief Executive Officer of Council pursuant to section 257 of the Local Government Act 2009”, and

(2) the power referred to in the document titled “Register of Delegations – Council to Mayor” is hereby delegated by Council to the Mayor pursuant to section 257 of the Local Government Act 2009.” Carried

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1 CHIEF EXECUTIVE OFFICER

REPORT

Torres Strait Local Disaster Management Group Min.17/06/7 Moved Cr. Abednego, Seconded Cr. Bani “That Council receive the Minutes of the Torres Strait Local Disaster Management Group Meeting held on 19 May 2017.” Carried

LGAQ Joint Councils Queensland Productivity Commission Submission The Queensland Productivity Commission’s Inquiry into service delivery in remote and discrete Aboriginal and Torres Strait Islander communities closed on 2 June 2017. Torres Shire Council representatives met with the Commissioner and raised various concerns and issues experienced locally and regionally in the Torres Strait. Local Government Association of Queensland (LGAQ) provided the resources to the Indigenous Councils through the Indigenous Leaders Forum (ILF) to coordinate a collective submission similar to the one collated for the NPARIH Review. Torres Shire Council provided input into this joint submission.

Min.17/06/8 Moved Cr. Abednego, Seconded Cr. Bani “That Council receive the LGAQ Joint Councils Quensland Productivity Commision Submission - Inquiry into service delivery in remote and discrete Aboriginal and Torres Strait Islander communities.” Carried Corporate Events And Functions

Event Date - 2017 Venue Attendees LGAQ Local Government Financial Sustainability 29-30 March Cairns Deputy Mayor Summit LGAQ Elected Members Update (EMU) 12 April Thursday Island All Councillors Torres Strait Regional Indigenous Dialogue 5, 6 & 7 May TI Sports All Councillors (Referendum Council) Complex Disaster Management Conference 9 – 11 May Mackay Mayor Closing the Gap Roundtable 18-19 May Cairns Mayor Minister Furner – new Minister for Local Government TSC Garden Fair 20 May Thursday island All Councillors LGAQ Indigenous Leaders Forum (ILF) 7 - 8 June Cairns All Councillors and CEO Delegations Register Workshop Cairns 9 June Cairns All Councillors and CEO 1957 Strike Celebration 13-15 June Palm Island Mayor ALGA National General Assembly 19-21 June Canberra Deputy Mayor Yen Loban & Cr.Thomas Loban, CEO Torres Strait NAIDOC Awards * 7 July Sports Complex All Councillors

2017 Police Summit 9 August Cairns Deputy Mayor

Kushimoto Friend City Visit * 31 July to Kushimoto, Mayor & Cr 12 August Japan Bani, DCCS Obon Japanese Celebration 15 August TI Cemetery 2 Councillors – Mayor & Cr. Bani Torres Shire Multi-Cultural Festival 15 Sept ANZAC Park All Councillors

121st Annual LGAQ Conference & ILF Meeting 16-18 Oct Gladstone All Councillors And CEO

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1 CHIEF EXECUTIVE OFFICER

REPORT

Corporate Events and Functions (cont’d)

Torres Strait NAIDOC Awards - Event Friday 7 July 2017 Confirmed NAIDOC Awards Attendance: Mayor & husband, Deputy Mayor & wife, (MC) Cr. Bani & wife , Cr. Abednego & wife and Cr. Loban and wife.

Attendance: Mayor Malone arrived at the meeting at 9.47am and presented her report and advised the following:.

Kushimoto Friend City Visit – 31 July to 12 August 2017 Mayor Malone advised that her husband Mr Bernard Malone will be travelling to Kushimoto with the Torres Shire delegation.

MAYOR’S REPORT

PURPOSE To provide an update on representations undertaken for the period of 17 May – 26 June, 2017.

SUMMARY

Domestic and Family Violence Conference - 17 May, 2017 The inaugural Domestic and Family Violence Forum was held on Thursday Island on 17 May, 2017 facilitated by the Social Justice Interagency Services (SJIS) in partnership with key stakeholders.

The forum’s theme ‘Seeing the Signs and Sharing the Solutions’ focused on establishing a new acceptable model for the delivery and response to domestic violence matters in the Torres Strait. It also was a means to which to continue to build capacity of communities to champion and support preventative measures to address domestic violence at a community level.

The forum was well represented by community members of both genders from across the Torres Strait and Northern Peninsula Area. The Hon. Shannon Fentiman, Torres Strait Ministerial Champion and Minister for Communities, Women and Youth, Minister for Child Safety and Minister for the Prevention of Domestic and Family Violence was an official guest at the event.

Remote and Discrete Communities Closing the Gap Roundtable – 19 May, 2017 The Hon. Mark Furner, Minister for Local Government and Minister for Aboriginal and Torres Strait Islander Partnerships hosted a roundtable discussion with respective Mayors of remote and discrete communities in Cairns.

Minister Furner was able to gauge from respective Mayors a renewed approach to Closing the Gap (CTG). An update was provided on the progress of the CTG targets since initiated in 2008. It was highlighted that despite the significant investment by the Australian Government the 2017 CTG report showed that only one of the seven targets nationally was on track and this was in relation to Year 12 attainment.

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MAYOR’S REPORT (cont’d)

Remote and Discrete Communities Closing the Gap Roundtable – 19 May, 2017 (cont’d)

Mayors were able to unpack why the current approach is not working and put forward more acceptable strategies that will have better community buy-in. The Department of Aboriginal and Torres Strait Islander Partnership (DATSIP) Director-General Clare O’Connor and Deputy Director-General Tammy Williams facilitated discussions around the following areas:

 Alcohol Management Plan  Implement measures for more awareness and education on responsible drinking  Health and Wellbeing  Focus on all social determinates of health  Focus on preventative measures

The importance of data was discussed at length and how DATSIP can play an integral role in assisting Councils with evidence based approach to strengthen advocacy.

Qantaslink Key Executives - 30 May, 2017 Mr Nick Stacpoole, Regional Manager and Mr Nick Duggan, State Manager for Qantaslink took the opportunity to meet with the Torres Shire Council (TSC) as part of their introductory visit to the region.

A number of issues were put forward to Qantas:

 The need for a Q-Ramp at the Horn Island airport to assist frail, sick and elderly passengers transferring on and off flights. With the high burden of health issues experienced in our region the ramp will go towards improving the patient’s journey.  The need for Qantas to be a party to the Local Fare Scheme (LFS). In principal support was provided by Qantas subject to negotiations with the Department of Transport and Main Roads (DTMR).  Qantaslink is keen to support future community events and showcase some of our major events through their inflight magazine. It was highlighted that TSC will host the 2018 Queens Baton Relay and that our calendar of events provides a snapshot of significant annual events.

Follow-up Actions:  Forward a copy of the TSC calendar of events along with relevant background information to Qantaslink.  Further follow-up with Qantaslink on the provision of a Q-Ramp for Horn Island airport.

Torres and Cape Indigenous Mayors Alliance (TCIMA) – 6 June, 2017 Torres and Cape Indigenous Mayors met in cairns to continue formalising the joint alliance. Mayors were able to redefine the objectives of the alliance and confirm its mandate. It was agreed that the collective advocacy body representing matters for Torres and Cape regions would focus on.

1. Health and Wellbeing 2. Education 3. Economic Participation 4. Asset Management – Infrastructure 5. Community Safety and Access 6. Tenure Resolution

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MAYOR’S REPORT (cont’d)

Torres and Cape Indigenous Mayors Alliance (TCIMA) – 6 June, 2017 (cont’d)

Mayors discussed the importance of DATSIP to assist with land tenure matters as well as data profiling. After redefining objectives it was agree that the new name of the committee be Torres and Cape Indigenous Councils Alliance (TCICA). Next meeting will take place in Pompuraaw and Kowanyama prior to the annual Local Government Association Qld forum in October.

Indigenous Leaders Forum (ILF) - 7-8 June, 2017 The Local Government Association of Qld (LGAQ) facilitates a number of ILF forums during the year to enable Indigenous leaders to collectively develop strategies to address key common areas. At the June meeting members were asked to review the current process in order to maximise and strengthen ILF.

LGAQ was able to provide an update on latest issues outlining the benefits that flowed from the 2017-2018 federal budget including the return of the indexation to the Financial Assistance Grant (FAG) program which will see funding returned for 2017- 2018 financial year.

Indigenous Leaders Forum (ILF) - 7-8 June, 2017 Another focus for the ILF and LGAQ was to ensure that Indigenous issues become part of the agenda for the annual National General Assembly Councils and to push to secure further commitment from the Palaszczuk government for the continuation of the Works for Queensland funding. TSC was able to provide an update on our issues/challenges including waste management and showcase our achievements around the establishment of the community garden.

National General Assembly of Local Government - 18-21 June, 2017 At the National General Assembly (NGA) of Local Government held recently in Canberra Councils from Australia wide were able to connect and engage with various politicians and academics.

The Hon. Bill Shorten, Leader of the Opposition was present along with Senator Fiona Nash, Minister Nigel Scullion, and Minister Michael Keenan. During Mr Shortens presentation he welcomed the opportunity for councils to write to him to put forward their top three priorities and Senator Fiona Nash confirmed the announcement of the return of the indexation to FAG program.

During the week Council representatives were able to hold deputations at Parliament House with:  Minister Nigel Scullion  Lobby for the continuation of NAPHRIH post 2018  Discussions on Remote Jobs and Communities Program (RJCP) post 2018  Prince of Wales Landing Facility  Uluru Statement  Minister Ken Wyatt  Improvements in the delivery of health services in indigenous communities.  The Hon. Bill Shorten and Senator Patrick Dodson

Follow-up Actions:  TSC writes to Mr Shorten outlining Council’s top three priorities.  TSC writes to Mr Shorten inviting him to visit the Torres Strait.  TSC to discuss/explore opportunities for future delivery of the RJCP program.

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MAYOR’S REPORT (cont’d)

Other Representation:

 TSC Garden Fair – 20 May, 2017  Dinner engagement with Northern Territory Government Delegation - 22 May, 2017  Prime Minister’s Luncheon to commemorate 50th Anniversary of 1967 Referendum and 25th Anniversary of Mabo Day, Melbourne - 27 May, 2017  Torres Strait Flag Day 25th Anniversary launch of film in ANZAC Park - 29 May, 2017  Pre-budget tours of Thursday Island, Horn Island and Northern Peninsula Area - 30 May - 1 June, 2017  60th Anniversary of 1967 Palm Island Strike - 13-15 June, 2017  Dr Helen Szokes, CEO and Dennis Goldner Chair, Oxfam Australia familiarisation visit - 26 June, 2017

RECOMMENDATION That Council notes this brief.

Min. 17/06/9 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council receive the Mayor’s Report.” Carried

Departure: The Mayor departed the meeting at 10.24am and the Deputy Mayor took the Chair.

Adjournment: The meeting adjourned for Morning Tea at 10.26am with the arrival of Inspector David Lacey, Queensland Police Service Torres Patrol Group, Far Northern District and Sergeant Peter Hogan at 10.38am for the Police/Council Quarter Yearly Community Discussion.

Departure: Inspector Lacey and Sergeant Hogan departed at 11.24am and the meeting resumed.

CHIEF EXECUTIVE OFFICER

REPORT (cont’d)

Torres Shire Council - Waste Management Report The consolidation of waste disposal, collection, recycling for the Torres Shire has been an ongoing issue that provides many unique challenges for Council. To add a further level of complexity there is a regional issue in relation to the increasing level of metal waste being experienced on every island within the region. Many discussions have taken place between many government agencies located between Canberra and Thursday Island and many investigations have commenced only to be curtailed due to limited funding opportunities or solutions to situations such bio-security regulations.

Min. 17/06/10 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council receive the Torres Shire Council Waste Management Report of June 2017 and endorse the identified strategies listed below.”

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CHIEF EXECUTIVE OFFICER

REPORT

Torres Shire Council - Waste Management Report (cont’d)

Waste Management Identified Strategies Transfer of waste (south bound) Council to continue to lobby and work with existing freighting companies to achieve an amicable rate/charge for back loading the waste to Cairns Council to lobby for grant funding to purchase a mobile crusher to crush the car bodies prior to back loading on Horn Island Container Refund Scheme Council await the roll out of the scheme from 1 July 2018 Scrap Metal Regional Waste Council to continue to lobby through TSRA and LGAQ to access funds to facilitate the removal of scrap metal waste from the region (funding required is $4.4million as priced by Simsmetal 2012) TSC Recycling 01/09/17 Council to continue to progress stage 1 of the local recycling program to commence on 01/09/17 Future Strategies Council to continue discussion with NPARC for the opportunity to receive waste on a regional basis Wash Down Bay Horn Island Council to continue to scope this proposal Carried

Local Government Association of Queensland - Indigenous Leaders Forum The Local Government Association of Queensland Indigenous Leaders Forum was held in Cairns on 7- 8 June 2017 and attended by the Mayor, Councillors and CEO. The next LGAQ Indigenous Leaders Forum will be held during the 121st LGAQ Annual Conference at the Gladstone Entertainment Centre 18-20 October 2017.

National General Assembly – Australian Local Government Association The National General Assembly of Local Government was held in Canberra from 18- 21 June 2017. Mayor Vonda Malone, Deputy Mayor Yen Loban, Cr. Thomas Loban and CEO attended the National Congress. Ngunnawal Elder Mr. Warren Daly conducted the Welcome to Country on behalf of the Ngunnawal Elders. His Excellency General the Honourable Sir Peter Consgrove AK MC (Ret’d) gave the opening address followed by Senator the Hon. Fiona Nash, Minister for Local Government and Territories.

On Day two (2), Hon. Bill Shorten Opposition Leader addressed the National Congress and extended an invitation to all Local Governments to provide his office with three (3) top priority projects/ideas. Senator the Hon. Nigel Scullion, Minister for Indigenous Affairs also presented at National Congress and spoke in relation to the future of Housing and the Remote Jobs program.

Deputations to Parliament House, Canberra – Wednesday 21 June 2017 (Mayor Vonda Malone, Councillors Yen Loban and CEO Dalassa Yorkston attended the delegation at Parliament House, Canberra)

Senator Nigel Scullion ILF Items raised: Minister for Indigenous Affairs - NPARIH funding 2018 and beyond - Roll out of RJCP 2018 - Support for the Uluru Statement Hon. Ken Wyatt AM PM ILF Items raised: Minister for Aged Care - Community Based Health Care Minister for Indigenous Health - Support for more Indigenous Health Workers - Patient Travel Assistance (the issues with the return trips for ATSI people after receiving treatment in metropolitan areas) Senator Patrick Dodson and ILF Items raised: Hon. Bill Shorten Opposition - Empowerment of local government, closest government to the people Leader - Removing the middle man and allow direct funding

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CHIEF EXECUTIVE OFFICER

REPORT

Min. 17/06/11 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That the report of the Chief Executive Officer be received.” Carried

CORPORATE AND COMMUNITY SERVICES

REPORT

FINANCE

Min. 17/06/12 Moved Cr.Abednego, Seconded Cr. Bani “That Council adopt the Reports for Comprehensive Income, Financial Position, Cash Analysis inclusive of adopted budget and revised budget for 2016/2017 as at May 2017 and the Capital Works Financial Statements, Grants Register, Monthly Financial Health Check, Horn Island Airport Financial Position and Quarry Financial Position as presented for the 31st May 2017.” Carried

Airfare Scheme Approximate Local Fare Scheme savings for Torres Shire residents up to the end of March 2017: FY15/16: $114,000 FY16/17: $109,200 Total: $223,200

Membership Mar 17 Apr 17 May 17 Opening Balance 661 677 680 New members 16 3 23 Total members 677 680 703

Internal Audit The Internal Auditor (LGAQ) has provided a draft of internal audit report for 2016/17 which was discussed at the audit meeting. The two areas being assessed are risk management and fraud policy.

Audit Committee Min. 17/06/13 Moved Cr. Bani, Seconded Cr. Abednego “That Council receive the Minutes of the Audit Committee Meeting held on 12th June 2017.” Carried Risk Management Council approved an enterprise risk management process in 2016 and the reviewed version in May 2017. Council employees have been requested to include in all reports including recommendations and/or information a paragraph identifying risk or identified as none existing. Councillors should review the risks to ensure that they aware of the risks involved before a decision is made. Risk can attach to all stages of a decision making process/project from impact of a decision to project funding and scope to project delivery and operation once constructed. Below is an example of the table that should be used explaining risks of report.

Risk Identification and Mitigation

Risk Identification - Major factors which could significantly influence the timing, cost or scope of the work. Staff to use this table format so consistent across Council. Risk Level: High (H) Medium (M) Low (L)

Likelihood: Likely (L) Possible (P) Unlikely (U)

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2. CORPORATE AND COMMUNITY SERVICES

REPORT

Risk Management (cont’d)

Risk Risk level Likelihood Mitigation strategy EG. Insufficient project funds M P Ensure application has realistic cost estimate; Allocate reasonable contingencies. EG. Wet weather delays M L Ensure special conditions of contract state that additional costs are not incurred for wet weather so risk is with contractor. EG. Unauthorised changes of M U Contractor is advised not to scope undertake any additional work without written authorisation EG. Infrastructure fails to achieve L U Work scope and design phase planned outcomes identifies and addresses potential issues EG. Insufficient budget to M U Council to allocate reasonable maintain infrastructure budget for asset maintenance once constructed. EG. Subdivision approval M P The subdivision conditions inhibit capacity to deliver EG. For proposed festival event M P Lodged grant applications at all known sources available.

The continued development and implementation of the risk management table will ensure compliance to a risk management framework.

Min. 17/06/14 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council receive the report of the Director Corporate and Community Services.” Carried

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Torres Strait Regional Authority – Major Infrastructure Programme 6 Torres Shire Council Approved MIP6 Project is $3M – Upgrade Waste Treatment Plant Thursday Island

The TSRA held their first quarterly meeting for MIP 6 on Thursday Island. The program manager, PDR/SMEC Engineering has been appointed to manage the MIP6 program.

An MOU between the State and Commonwealth Government is yet to be signed, this will galvanise the funding budget for the MIP6 program.

Project delivery timeframes to roll out MIP6 is as follows:

(a) The first stage of the project is to assign the project manager for each project, this is expected to be completed around December 2017. (b) The second stage is procurement, setting of actual budgets for all projects. (c) Signing of Contracts (d) Project delivery is planned to start in April 2018. (e) All MIP 6 projects must be completed by December 2019

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3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Disposal of Assets The following plant listed does not meet the commercial requirements of the Council business and have been laying idle for over a year.

Min. 17/06/15 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council approve the disposal of Council’s assets listed below through the public tender process:

PLANT No. DESCRIPTION 700 5m Savage Cobia Dinghy (Aluminium) 703 Mariner 60hp Outboard, Serial No. 1B858618 704 Aluminium trailer, suit 4.5-5.2m boat 701 5.2m Stessel Craft Dinghy (aluminium) 702 Yamaha 40hp Outboard 629 5.0m Aluminium Trailer

Carried

Attendance: Mayor Malone returned to the meeting at 11.35am and took the Chair.

Water Conservation and Usage As at mid June the Loggy Creek Dam is currently holding 99.07% i.e., 2378 ML Water usage for Hammond is still high but consumption has reduced by 20% since (665L per person per day) in April.

Torres Strait Island Regional Council has advised that they have engaged a contractor to isolate suspected leak/s. The contractor is planning to be onsite during the third week of June.

Water usage averages per person – May 2017

Average Daily Consumption Litres Population Notes Consumption Volume Person/Day Horn Island 9.518 ML 910 324 Slightly high but Township otherwise average for this area Horn Island Airport 0.372 ML - - Thursday Island 54.659 ML 3800 445 Hammond Island 3.385 ML 210 537 Very High Usage

Min. 17/06/16 Moved Deputy Mayor Loban, Seconded Cr. Bani “That the report of the Director Engineering and Infrastructure Services be received.” Carried

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 16/04 – Tubarao Investments – Operational Works – 4 Victoria Parade Thursday Island – Lot 706 on TS2071 The operational works are for external works adjacent to the Commonwealth Centre and include the construction of 21 car parks and associated drainage works in Hastings Street and on Victoria Parade.

Min. 17/06/17 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council approves the application by Tubarao Investments for a Development Permit for Operational Works for 4 Victoria Parade Thursday Island being Lot 706 on TS2071 subject to the following conditions: 1. The approved operational works are permitted subject to any alterations: a. found necessary by Chief Executive Officer at the time of examination of the Engineering drawings or during construction of the works because of particular engineering or cultural requirements; and b. To ensure that the development complies in all respects with the requirements of the FNQROC Development Manual and good engineering practice; and c. to comply with project specific conditions and the following standard conditions of approval. All works must be carried out in accordance with the approved plans, conditions and specifications, to the requirements and satisfaction of the Chief Executive Officer. d. Approved drawings are listed in the table below.

Plan Drawing No. Date Cover Sheet, Locality Plan and Drawing Schedule 7315-001 Rev A 15 May 2017 Roadworks Layout Plan 7315-002 Rev A 15 May 2017 Typical Sections & Details 7315-003 Rev A 15 May 2017 Setout Details and Linemarking Plan 7315-004 Rev A 15 May 2017 Road Cross Sections 7315-005 Rev A 15 May 2017 Sewer Reticulation Layout Plan 7315-006 Rev A 15 May 2017 Sewer Reticulation Longitudinal Section 7315-007 Rev A 15 May 2017 Erosion and Sediment Control Strategy 7315-008 Rev A 15 May 2017

Commencement of Works 2. Council is to receive written Notice of Intention to Commence Works and all matters relevant to the Pre-Start meeting are to be attended to in accordance with Section CP1.08 and Section CP1.09, of the FNQROC Development Manual.

Project Documentation 3. The Application shall submit as constructed documentation to Council prior to Works Acceptance. The as-constructed submission shall consist of the documentation outlined in the FNQROC Development Manual Section CP1.21 and be accompanied by the appropriate certifications outlined in Section CP1.22

4. Provide the following additional documents prior to Works Acceptance: a. Inspection and Test Plan certified by the Consulting Engineer; b. “Works Acceptance” Inspection Checklist.

Structures and Retaining Walls 5. Separate building certification and/or structural certification is required for any works to alter existing structures, provide new structures or construct retaining walls that are over 1,000mm high.

Earthworks and ASS/PASS 6. The Applicant shall submit a geotechnical report to certify that the proposed 1:1 batter slope on Victoria Parade is stable prior to commencement of works.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 16/04 – Tubarao Investments – Operational Works – 4 Victoria Parade Thursday Island – Lot 706 on TS2071 (cont’d)

7. In the event that acid sulphate soils are encountered, the applicant is to ensure the site is managed in accordance with requirements of the Queensland Acid Sulphate Technical Manual and State Planning Policy SPP2/02. In addition, an ASS/PASS Management Plan is to be submitted to Council within seven (7) days, should site excavations identify the presence of acid sulphate soils.

Stormwater Drainage 8. The Applicant shall confirm that the proposed 1200 x 600 culvert has similar capacity to that provided in the existing concreted lined channel and have a no worsening impact in accordance with the Queensland Urban Drainage Manual (QUDM) on upstream properties. The Applicant shall submit details prior to the commencement of works. 9. The applicant shall install subsurface drainage adjacent to the edge of the existing bitumen seal on the eastern side of Hastings Street. Sufficient cover shall be provided to the subsurface drainage to protect it from traffic loading and so that it is able to drain to Council’s downstream stormwater network. The applicant shall resubmit revised drawings prior to the commencement of works.

Sewer and Water 10. The existing sewer located adjacent to the northern and western boundaries of the site must be protected during construction and shall be clear of the zone of influence from the footings and foundations of any building/structure. Provide details prior to the issuing of a Development Permit for Building Works. 11. The proposed alignment of the relocated sewer adjacent to the southern boundary of the site shall be located clear of the zone of influence from the footings and foundations of any building/structure. Provide details prior to the issuing of a Development Permit for Building Works.

Roads and Footpaths 12. The Applicant has provided three options for the road widenings on Victoria Parade and Hastings Street. Council’s preference for wearing course is either masonry pavers or reinforced concrete. The Applicant shall confirm the proposed pavement detail prior to commencement of works.

13. The Applicant shall provide a minimum 200mm thick gravel pavement Type 2.2 (CBR 60) for New Pavement Options 1 and 2 in accordance with the FNQROC Development Manual. Revised drawings shall be resubmitted to Council for approval prior to commencement of works.

14. The Applicant shall provide jointing arrangement and details for New Pavement Option 3 (reinforced concrete wearing course) prior to commencement of works where this has been selected as the preferred option.

Erosion and Sediment Control 15. All works must be in accordance with the FNQROC Development Manual, and must comply with the following: a. A copy of the contractors Erosion and Sediment Control (ESC) Plan is to be submitted to Council and endorsed by the Consulting Engineer, prior to commencement of any works The ESC Plan must be relevant to all phases of the construction and be updated where necessary as works progress.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 16/04 – Tubarao Investments – Operational Works – 4 Victoria Parade Thursday Island – Lot 706 on TS2071 (cont’d)

Erosion and Sediment Control (cont’d)

b. It is the Contractors responsibility to ensure that the ESC Plan is updated and amended to reflect any changes in the construction methodology. All such amendments shall be approved by the Engineer and presented to Council. c. Upon completion of earthworks and prior to Works Acceptance all exposed surfaces are to be treated (i.e., drill seeding, hydro-mulching) to prevent erosion. Temporary ESC measures must remain in place during construction and until the site is stabilised to prevent and sediment entering the adjacent stormwater systems or properties.

16. The Applicant shall provide details of the proposed treatment measures to prevent erosion of the batter on Victoria Parade and the batter indicated on Typical Section C on drawing 7315-003. Revised drawings and details shall be submitted to Council for approval prior to commencement of works.

17. All reasonable and practicable measures must be taken to prevent pollution to the existing creek, waterways or drainage lines, as a result of silt run-off, oil and grease spills from any machinery. Wastewater for cleaning equipment must not be discharged directly or in-directly to any watercourses, stormwater systems or private properties.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009.

2. The following further Development Permits must be obtained: a. Development Permit for Building Works b. Development Permit for Plumbing Works 3. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees.

4. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works.

5. The Environmental Protection Regulation 1998 prohibits a building from making noise from:  Monday to Saturday: before 7:00am and after 6:30pm; and  Sunday or public holiday: at any time. A maximum penalty of $1,500.00 applies to an offence under these provisions. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the sport fines apply for such offences.

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REPORT

IDAS 16/04 – Tubarao Investments – Operational Works – 4 Victoria Parade Thursday Island – Lot 706 on TS2071 (cont’d)

ADVICE (cont’d) 6. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council.

7. The Aboriginal Cultural Heritage Act 2003 seeks to protect artefacts and cultural sites that are of significance to Aboriginal people. The Act requires anyone carrying out an activity to exercise a Duty of Care. Guidelines have been produced to enable assessment of sites under the Act. These are available from Department of Environment & Heritage Protection (DEHP) and can be downloaded from their website at http://www.ehp.qld.gov.au/.

For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au/spa “ Carried

IDAS 16/09 – Department of Immigration and Border Protection – Operational Works – 22 Milman Street Thursday Island – Lot 1 on RP737042 The operational works are for earthworks, retaining wall, stormwater management and erosion and sediment control for the recently approved accommodation building for fly-in fly-out Border Force officers.

Min. 17/06/18 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council approves the application by the Department of Immigration and Border Protection for a Development Permit for Operational Works for 22 Milman Street, Thursday Island being Lot 1 on RP737042 subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS 1. The approved operational works are permitted subject to any alterations: a. found necessary by Chief Executive Officer at the time of examination of the Engineering drawings or during construction of the works because of particular engineering or cultural requirements; and b. To ensure that the development complies in all respects with the requirements of the FNQROC Development Manual and good engineering practice; and c. to comply with project specific conditions and the following standard conditions of approval. All works must be carried out in accordance with the approved plans, conditions and specifications, to the requirements and satisfaction of the Chief Executive Officer. d. Approved drawings are listed in the table below. Plan Drawing No. Date Cover Sheet and Drawing Schedule C00 12/05/2017 Civil Specifications C01 12/05/2017 Erosion and Sediment Control Plan C02 12/05/2017 Erosion and Sediment Control Details C03 12/05/2017 Bulk Earthworks Plan C04 12/05/2017 Stormwater Management, Pavement, and Levels Plan C05 12/05/2017 Civil Details – Sheet 1 of 3 C06 12/05/2017 Civil Details – Sheet 2 of 3 C07 12/05/2017 Civil Details – Sheet 3 of 3 C08 12/05/2017

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REPORT

IDAS 16/09 – Department of Immigration and Border Protection – Operational Works – 22 Milman Street Thursday Island – Lot 1 on RP737042 (cont’d)

Assessment Manager Conditions (cont’d)

Commencement of Works 2. Council is to receive written Notice of Intention to Commence Works and all matters relevant to the Pre-Start meeting are to be attended to in accordance with Section CP1.08 and Section CP1.09, of the FNQROC Development Manual.

Project Documentation 3. The Applicant shall submit as constructed documentation to Council prior to Works Acceptance. The as-constructed submission shall consist of the documentation outlined in the FNQROC Development Manual Section CP1.21 and be accompanied by the appropriate certifications outlined in Section CP1.22

4. Provide the following additional documents prior to Works Acceptance: a. Inspection and Test Plan certified by the Consulting Engineer; b. “Works Acceptance” Inspection Checklist.

Structures and Retaining Walls 5. Separate building certification and/or structural certification is required for any works to alter existing structures, provide new structures or construct retaining walls that are over 1,000mm high. Certification by a suitably qualified engineer must be provided, prior to the issue of a Development Permit for Building Works.

6. For retaining walls greater than 1,000mm high, the Applicant shall submit a copy of the geotechnical assessment report used in the design of the retaining wall footings. Provide prior to the issue of a Development Permit for Building Works.

Stormwater Drainage 7. The Applicant shall confirm that the flow velocity in the table drain discharging runoff from the site towards Milman Road is appropriate for an unlined earthen drain (in accordance with the FNQROC Development Manual and QUDM). Details to be submitted prior to commencement of works. Table drains shall be concrete lined where velocities exceed that provided in Section 9.5 of the Queensland Urban Drainage Manual (QUDM).

8. The Applicant shall provide further details relating to construction of a new surface inlet pit over the existing dish drain. Details to be submitted prior to commencement of works.

9. The Applicant shall provide a Maintenance Plan for the proposed bio-filter for approval by Council. Council is concerned that this will require ongoing maintenance and may result in health and safety issues associated with mosquito borne diseases. The Management Plan shall include a risk assessment of the health and safety implications (conducted in accordance with Section 12 of the Queensland Urban Drainage Manual) and shall identify any additional safety treatments to be incorporated into the development. The Maintenance Plan shall be submitted for approval prior to commencement of works.

Alternatively, Council has no concerns if the bio-filter is removed from the design and site runoff is discharged directly to the legal point of discharge for the site.

Roads and Car Parking 10. The Applicant shall confirm the width provided between the retaining wall and the end car park. Revised plans or details shall be submitted prior to commencement of works.

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REPORT

IDAS 16/09 – Department of Immigration and Border Protection – Operational Works – 22 Milman Street Thursday Island – Lot 1 on RP737042 (cont’d)

Erosion and Sediment Control 11. All works must be in accordance with the FNQROC Development Manual, and must comply with the following:

a. A copy of the contractors Erosion and Sediment Control (ESC) Plan is to be submitted to Council and endorsed by the Consulting Engineer, prior to commencement of any works. The ESC Plan must be relevant to all phases of the construction and be updated where necessary as works progress. b. It is the Contractors responsibility to ensure that the ESC Plan is updated and amended to reflect any changes in the construction methodology. All such amendments shall be approved by the Engineer and presented to Council. c. Upon completion of earthworks and prior to Works Acceptance all exposed surfaces are to be treated (i.e., drill seeding, hydro-mulching) to prevent erosion. Temporary ESC measures must remain in place during construction and until the site is stabilised to prevent and sediment entering the adjacent stormwater systems or properties.

12. Concentrated flows occurring as a result of the temporary diversion bund located on the eastern boundary of the site shall be discharged to a legal point of discharge.

The Applicant shall either:  confirm that the proposed discharge points is a legal point of discharge; or  submit revised drawings and details identifying the legal point of discharge for the diversion bund. Complete prior to commencement of works.

13. All reasonable and practicable measures must be taken to prevent pollution to the existing creek, waterways or drainage lines, as a result of silt run-off, oil and grease spills from any machinery. Wastewater for cleaning equipment must not be discharged directly or indirectly to any watercourses, stormwater systems or private properties.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009.

2. The following further Development Permits must be obtained: a. Development Permit for Building Works b. Development Permit for Plumbing Works

3. No building materials or the like are to be stored on the footpath unless a permit has been obtained from Council including the payment of associated fees.

4. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works.

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REPORT

IDAS 16/09 – Department of Immigration and Border Protection – Operational Works – 22 Milman Street Thursday Island – Lot 1 on RP737042 (cont’d)

ADVICE (cont’d)

5. The Environmental Protection Regulation 1998 prohibits a building from making noise from: Monday to Saturday: before 7:00am and after 6:30pm; and Sunday or public holiday: at any time. A maximum penalty of $1,500.00 applies to an offence under these provisions.

In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the spot fines apply for such offences. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council.

6. The Aboriginal Cultural Heritage Act 2003 seeks to protect artefacts and cultural sites that are of significance to Aboriginal people. The Act requires anyone carrying out an activity to exercise a Duty of Care. Guidelines have been produced to enable assessment of sites under the Act. These are available from Department of Environment & Heritage Protection (DEHP) and can be downloaded from their website at http://www.ehp.qld.gov.au/.

7. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au/spa “ Carried

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 Min. 17/06/19 Moved Cr. Bani, Seconded Deputy Mayor Loban “That Council approves the application by Nevgold Pty Ltd c/- PR Planning for a Development Permit for a Material Change of Use for Multiple Dwelling Units (12 Townhouses) at Milman Street, Thursday Island being Lot 6 on SP219771 subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS 1. The Plans of Development, as noted below are approved subject to any alterations. The applicant/owner must at all times during development of the land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with: a. The plans, specifications, facts and circumstances as set out in the application submitted to Council; b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme; and c. Any alterations found necessary by Council at the time of examination of Engineering Plans or during construction of the development because of particular engineering requirements. Except for any variation required to comply with these conditions of approval. To be completed prior to commencement of use and to be maintained at all times.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Approved Plans 2. The approved Plans of Development are as follows:

Plan Description Reference Date Site Plan and A-01 February 2017 Elevations Issue D A-02 February 2016 Floor Plan Issue C

Prior to commencement of use and to be maintained at all times.

3. Amended plans must be prepared and submitted to Council demonstrating that the development (including building areas, car park and manoeuvring areas, earthworks and landscaping) is located entirely outside of Easements A & H on SP219771. Alternatively demonstrate to Council that there is no conflict between the terms of the easements and the proposed development. To be completed prior to the issuing of a Development Permit for Building Works.

 Amended plans must be prepared and submitted to Council demonstrating that a communal open space area is available for residents. To be completed prior to the issuing of a Development Permit for Building Works.

Built Form and Amenity 4. The applicant/owner must submit a plan detailing the construction materials and colours specific to the external appearance of the development for Compliance Assessment. The plan will be assessed against Council’s Policies and Guidelines. To be completed prior to the issuing of a Development Permit for Building Works.

5. The development and construction of any building must, unless Council otherwise agrees, comply with the minimum set back distances in accordance with the Building Code of Australia and/or the Queensland Development Code including the provision of fire rated walls where necessary. To be completed prior to commencement of use and to be maintained at all times.

6. The applicant is to submit an acoustic report prepared by a suitably qualified professional demonstrating that the proposed units will be unaffected by the nearby wind turbines. Any recommendations of the aforementioned report must be incorporated into the building design. To be completed prior to the issuing of a Development Permit for Building Works.

Landscaping Plan 7. The applicant/owner must submit a plan detailing the proposed landscaping works for Compliance Assessment against Council’s Policies and Guidelines.

The landscaping plan must detail: a. Location of plantings for the site; b. Types of species to be used; c. Methods of irrigation and maintenance; d. A 3m landscape buffer between the building and the internal road.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Landscaping Plan (cont’d)

Landscaped areas adjoining the parking area must be protected from vehicle encroachment by a 150mm high vertical concrete kerb or similar obstruction. Prior to the construction of the landscape works.

8. All landscaping works must be installed and maintained in accordance with the endorsed plan Prior to commencement of use and to be maintained at all times.

Bushfire Maintenance 9. Firebreaks from hazardous vegetation (of 1.5 times the predominant mature canopy tree height or 10 m, whichever is the greater) must be maintained by the owners at all times and flammable material must not be allowed to build up around the buildings so as not to create a fire hazard. Prior to commencement of use and to be maintained at all times.

Environmental 10. The applicant/owner shall be responsible for the complete removal and destruction of any noxious weed or plants existing on that part of the land the subject of the Development Permit. To be completed prior to commencement of use and to be maintained at all times.

11. Machinery and construction and landscape materials brought from the mainland or from the Torres Strait Protected Zone must comply with the General Biosecurity Obligation (GBO) which requires that all persons who deal with biosecurity matter or a carrier, if they know or ought reasonably to know that it poses a biosecurity risk, to take all reasonable and practical measures to prevent or minimise the risk. Prior to commencement of use and to be maintained at all times.

Electricity 12. The applicant/owner must submit satisfactory evidence from Ergon Energy that: a. Electricity is available to the approved development; or b. An agreement has been made between the landowner and Ergon Energy to supply electricity to the proposed development. Prior to the issuing of a Development Permit for Building Works.

Telecommunications 13. The applicant/owner must submit satisfactory evidence from telecommunications authorities that: a. Telecommunication services are available to the approved development; or b. An agreement has been made between the landowner and a telecommunication provider to supply telecommunications services to the proposed development. Prior to the issuing of a Development Permit for Building Works.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Noise and Lighting 14. All potential noise sources including refuse collection areas and air conditioners shall be installed and located in a manner which prevents noise nuisance beyond the subject site in accordance with the nuisance provisions of the Environmental Protection Regulation 1998. To be completed prior to commencement of use and to be maintained at all times.

15. Ensure external lighting does not create a light nuisance inside the adjacent dwellings. To be completed prior to commencement of use and to be maintained at all times.

Costs 16. All recoverable unpaid rates, charges and expenses pertaining to the subject land are to be paid in full. To be completed prior to commencement of use and to be maintained at all times.

Advertising 17. Any advertising on the site must comply with the requirements of the Advertising Code in the Torres Shire Planning Scheme 2007. Details of advertising must be submitted to allow for compliance assessment against Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Building Works.

Engineering Certification 18. A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Building Works and/or Operational Works. Prior to the issuing of a Development Permit for Building Works.

Internal Driveway 19. Construction of internal driveways is to be to the requirements of Council’s development standards in as referenced in the TSC Planning Scheme. Engineering drawings must be submitted with an Operational Works application. Prior to the issuing of a Development Permit for Building Works.

Vehicle Parking 20. The development must provide fifteen (15) onsite covered parking spaces for residents and guests. Spaces must comply with Australian Standard AS2890.1 2004 Parking Facilities – Off Street Car Parking. To be completed prior to commencement of use and to be maintained at all times.

21. The parking must be constructed in accordance with Council’s Development Standards. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed with a concrete, concrete pavers or bitumen finish, drained and line marked. To be completed prior to commencement of use and to be maintained at all times.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Water Supply and Sewerage Works 22. The applicant/owner must carry out water supply and sewerage works to connect the proposed development to Council’s existing water supply and sewerage network to the satisfaction of Council’s Delegated Officer. Detailed plans must be submitted with an application for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

23. All works must be carried out in accordance with the approved plans. To be completed prior to commencement of use and to be maintained at all times.

Public Utilities 24. Any damage caused to any public utility during the course of construction shall be repaired to ensure it conforms to the Councils Polices and Guidelines relevant to the infrastructure subject to damage. To be completed prior to commencement of use and to be maintained at all times.

25. Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council. To be completed prior to commencement ofuse and to be maintained at all times.

Construction Management Plan 26. A construction management plan outlining the proposed works, access and transport methods must be provided to the satisfaction of Council. Prior to the issuing of a Development Permit for Building Works.

Stormwater 27. The Applicant shall undertake a local drainage study, prepared by an appropriately experienced RPEQ, to determine the drainage impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following: i. Confirm the proposed discharge point in the natural gully located to the west of the subject site is a legal point of discharge. ii. Identify any requirement for drainage easements. iii. Information on the proposed works and any impacts proposed at the drainage outlet from the proposed development. iv. Confirm the primary and secondary flow paths for the 2, 10, 50 and 100 year ARI flood events, post development. Confirm that the existing discharge network downstream of the proposed discharge location has sufficient capacity to accommodate the post development flows and results in no net worsening on downstream properties. This report is to be submitted to Council and approved prior to the issuing of a Development Permit for Operational Works.

28. All stormwater within or entering the site shall be controlled in such a manner so that it does not cause any public health or safety concerns and/or damage or loss to property and building for subject site or downstream of the subject site. To be completed prior to commencement of use and to be maintained at all times.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

29. Stormwater design shall accord to the design and construction standards set down in FNQROC Manual and those of QUDM. Prior to the issuing of a Development Permit for Operational Works.

30. Detailed stormwater design plans must be submitted with an application for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

31. All surface water from the driveway and vehicle parking area is to be collected by drains and discharged via underground pipes to lawful point of discharge. The system is to be designed to prevent surface water being directed across the footpath in the road reserve and neighbouring properties. To be completed prior to commencement of use and to be maintained at all times.

Lawful Point of Discharge 32. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Building Works. OR 33. Submit to Council, written agreement from the owners of downstream properties for the discharge of stormwater from the site through the affected properties to a lawful point of discharge. Prior to the issuing of a Development Permit for Building Works.

Erosion and Sediment Control 34. The applicant/owner shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. During Operational and Building Works and then to be maintained at all times.

35. Plans detailing the methods of controlling erosion and sediment are to be submitted to Council for a Development Approval in accordance with Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Building Works.

Excavation and Filling 36. Approval of this development application in no way reflects or suggests any acceptance of the unapproved earthworks carried out on the site prior to lodgement of this development approval. Remediation works will be the subject of a separate operational works application. The applicant/owner must submit detailed plans for excavation and filling on the site in association with an application for Operational Works. Prior to the issuing of a Development Permit for Building Works.

37. All uncontrolled fill must be removed from the site in accordance with the recommendations of the Geotechnical Foundation and Stability Report (Job No: 116- 19043) prepared by Soil Surveys and dated January 2017. Prior to the issuing of a Development Permit for Building Works.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Excavation and Filling (cont’d)

38. Engineered fill shall be placed and compacted in accordance with the FNQROC Development Manual, the Applicant’s geotechnical report and relevant Australian Standards. The applicant shall provide certification by an appropriately experienced RPEQ engineer that fill material has been selected, placed and compacted in accordance with these requirements. Prior to the issuing of a Development Permit for Building Works.

Operational Works 39 An Operational Works Approval is required for the internal driveway, earthworks, drainage works and water and sewer works associated with the development. Such works must be completed to the satisfaction of the Director of Engineering and Infrastructure Services prior to Commencement of Use. Where plans are required, three (3) A1 size copies of the plans and one (1) copy at A3 size must be submitted to Council. The plans must detail: i. The design of the earthworks batters, excavations and embankments in accordance with the applicant’s geotechnical report and the FNQROC Development Manual. ii. The proposed drainage infrastructure including underground drainage, open channels and flow paths. iii. The driveway and carpark layout design in accordance with the FNQROC Development Manual and relevant Australian Standards. iv. All submitted material must be prepared and authorised by an appropriately qualified RPEQ engineer Prior to the issuing of a Development Permit for Building Works.

Refuse Storage 40 The applicant/owner must provide a refuse bin enclosure in suitably screened, imperviously paved area large enough for storage of refuse containers. The refuse bin enclosure must be roofed, bunded and fitted with a bucket trap. An external cold- water tap is to be provided for the facility. To be completed prior to commencement of use and to be maintained at all times.

Water Saving 41 All toilet devices in the approved development must be fitted with dual flush cisterns and hand basins fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute. To be completed prior to commencement of use and to be maintained at all times.

42 All kitchen and bathrooms fittings in the approved development must comply with the AAA Water Conservation System as defined by the AS/NZS 6400 (Water Efficient Products – Rating and Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2). All tap ware shall not exceed a maximum flow of 9 litres of water per minute. Dishwashers are excluded from this requirement. To be completed prior to commencement of use and to be maintained at all times.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Costs 43 The applicant/owner shall be responsible for meeting all costs associated with the works required by this approval, together with the costs of any alterations to public utilities and services required by such works and with the connection of the development to such utilities and services. All works required shall be completed to the satisfaction of Council’s Policies and Guidelines. To be completed prior to the commencement of use, unless otherwise specified by conditions of this approval or by a resolution of Council.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009. 2. The following further Development Permits must be obtained, where required: a. Development Permit for Operational Works b. Development Permit for Building Works c. Development Permit for Plumbing Works. 3. The applicant/owner must contribute in accordance with Council’s Charges Resolution (No.1) 2015 as required under Section 635 of the Sustainable Planning Act 2009. Charges are to be paid in accordance with the Infrastructure Charges Notice (ICN) issued concurrently with the Development Permit. Charges may be subject to escalation in accordance with the resolution and SPA. Payment is required prior to the commencement of use. 4. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees. 5. All building works are to be carried out in accordance with the requirements of the Building Code of Australia. 6. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works. 7. Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991, if the cost of Operational Works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77 (1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. 8. In accordance with the Environmental Protection Regulation 2008, work involving machinery of any description shall only be carried out on site from:  6.30am to 6.30pm, Monday to Saturday;  With no work on Sundays, Public Holidays and whilst a funeral or tombstone opening is being held in the vicinity of the activity. A maximum penalty of $1,500.00 applies to an offence under these provisions. 9. In accordance with the Environmental Protection (Water) Policy 2009, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the spot fines apply for such offences.

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REPORT

IDAS 16/02 – Nevgold Pty Ltd – Material Change of Use (Multiple Dwelling Units) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ADVICE (cont’d)

10. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council. 11. Infrastructure Charges Notice: Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Infrastructure Charges Notice relates to this development permit and accompanies this notice.” Carried

IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves

Min. 17/06/20 Moved Cr. Abednego, Seconded Cr. Bani “That Council approves the application by Torres Shire Council for a Development Permit for a Material Change of Use for Outdoor Sport and Recreation (Ken Brown Oval Field Extension) at 149-151 Douglas Street Thursday Island being Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS 1.The Plans of Development, as noted below are approved subject to any alterations. The applicant/owner must at all times during development of the land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with: a. The plans, specifications, facts and circumstances as set out in the application submitted to Council; b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme; and c. Any alterations found necessary by Council at the time of examination of Engineering Plans or during construction of the development because of particular engineering requirements. Except for any variation required to comply with these conditions of approval. To be completed prior to commencement of use and to be maintained at all times.

Approved Plans 2.The approved Plans of Development are as follows: ` Reference Date PR128594-3 10.11.16 Ken Brown Oval Application Area Prepared by RPS

Ken Brown Sports Precinct Masterplan Prepared 1606-0012-SD-L1.01 Rev 01 11.16 by Landplan Ken Brown Sports Precinct Plant Palette/character 1606-0012-SD-L1.01 Rev 01 11.16 images Prepared by Landplan Prior to commencement of use and to be maintained at all times.

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REPORT

IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves

ASSESSMENT MANAGER CONDITIONS (cont’d)

Use 3.The approved use is limited to the area identified on plan PR128594-3, dated 10.11.16 and prepared by RPS. Prior to the commencement of use and to be maintained at all times.

Timing 4.The proposed road openings and closures identified in ‘Appendix B - Proposed Land Transfers’ are to be completed, prior to the commencement of any building or operational works associated with the approved use. Prior to the commencement of all building and operational works.

Landscaping Plan 5. All landscaping works must be installed and maintained in accordance with the endorsed plan Prior to commencement of use and to be maintained at all times.

6. Footpaths must be fully grassed and any unformed footpath shall be installed to further extend the network. Prior to commencement of use and to be maintained at all times.

7. Construction and landscape materials brought from the mainland or from the Torres Strait Protected Zone must comply with the General Biosecurity Obligation (GBO) which requires that all persons who deal with biosecurity matter or a carrier, if they know or ought reasonably to know that it poses a biosecurity risk, to take all reasonable and practical measures to prevent or minimise the risk. Prior to commencement of use and to be maintained at all times.

Acid Sulphate Soils 8. The proposed development shall not result in any adverse impact on the surrounding properties and receiving environment as a consequence of the disturbance of acid sulphate soils or the removal or release of surface or groundwater containing acid and metal contaminants. During Building and Operational Works and then to be maintained at all times. OR

9. An Acid Sulphate Soils Management Plan is lodged with Council for Compliance assessment against Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Operational Works.

10. The site works are managed in accordance with the approved Acid Sulphate Soils Management Plan. During Building and Operational Works and then to be maintained at all times.

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IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Noise and Lighting 11. All potential noise sources including refuse collection areas and air conditioners shall be installed and located in a manner which prevents noise nuisance beyond the subject site in accordance with the nuisance provisions of the Environmental Protection Regulation 2008. To be completed prior to commencement of use and to be maintained at all times.

12. Ensure external lighting does not create a light nuisance inside the adjacent dwellings. To be completed prior to commencement of use and to be maintained at all times.

Advertising 13. Any advertising on the site must comply with the requirements of the Advertising Code in the Torres Shire Planning Scheme 2007. Details of advertising must be submitted to allow for compliance assessment against Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Operational Works.

Excavation and Filling 14. The applicant/owner must submit detailed plans for excavation and filling on the site in association with an application for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

15.All works must be carried out in accordance with the approved plans. Prior to the commencement of use and to be maintained at all times.

Engineering Certification 16. A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

Internal Driveway 17. Construction of internal driveways is to be to the requirements of the FNQROC Manual. Engineering drawings must be submitted for Compliance Assessment against Councils Polices and guidelines. Prior to the issuing of a Development Permit for Operational Works.

Vehicle Parking 18. The seventeen (17) onsite parking spaces must comply with Australian Standard AS2890.1 2004 Parking Facilities – Off Street Car Parking. To be completed prior to commencement of use and to be maintained at all times.

19. The parking must be constructed in accordance with Council’s Development Standards. In particular, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed with a concrete or bitumen finish, drained and line marked. To be completed prior to commencement of use and to be maintained at all times.

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IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Public Utilities 20. The applicant is responsible for the cost of any alteration to public utilities as a result of complying with conditions of this Development Permit. To be completed prior to commencement of use and to be maintained at all times.

21. Any damage caused to any public utility during the course of construction shall be repaired to ensure it conforms to the Councils Polices and Guidelines relevant to the infrastructure subject to damage. To be completed prior to commencement of use and to be maintained at all times.

Stormwater 22. All stormwater within or entering the site shall be controlled in such a manner so that it does not cause any public health or safety concerns and/or damage or loss to property and building for subject site or downstream of the subject site. To be completed prior to commencement of use and to be maintained at all times.

23. All surface water from the driveway and vehicle parking area is to be collected by drains and discharged via underground pipes to lawful point of discharge. The system is to be designed to prevent surface water being directed across the footpath in the road reserve and neighbouring properties. To be completed prior to commencement of use and to be maintained at all times.

Lawful Point of Discharge 24. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Operational Works. OR 25. Submit to Council, written agreement from the owners of downstream properties for the discharge of stormwater from the site through the affected properties to a lawful point of discharge. Prior to the issuing of a Development Permit for Operational Works.

Erosion and Sediment Control 26. The applicant/owner shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. During Building and Operational Works and then to be maintained at all times.

27. Plans detailing the methods of controlling erosion and sediment are to be submitted to Council for a Development Approval in accordance with Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Operational Works.

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IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d)

Operational Works 28. Prior to construction commencing, Council will require approval of an Operational Works application for the following:  Filling & Excavation (see Condition 14);

This application will need to include plans prepared by a Registered Professional Engineer Queensland in accordance with the FNQROC Manual that are to the satisfaction of Council’s Manager Engineering Services.

Council will require that one (1) copy of the design drawings be submitted to Council for preliminary assessment. Three (3) copies of the final design are to be submitted to Council for approval prior to the commencement of the works. On completion of the works, the Council shall require a Certificate of Completion from a Registered Professional Engineer and a set of as constructed plans must be deposited at Council’s office. Prior to the issuing of a Development Permit for Operational Works.

Refuse Storage 29. The applicant/owner must provide a refuse bin enclosure in suitably screened, imperviously paved area large enough for storage of refuse containers. The refuse bin enclosure must be roofed, bunded and fitted with a bucket trap. An external cold- water tap is to be provided for the facility. To be completed prior to commencement of use and to be maintained at all times.

Costs 30. The applicant/owner shall be responsible for meeting all costs associated with the works required by this approval, together with the costs of any alterations to public utilities and services required by such works and with the connection of the development to such utilities and services. All works required shall be completed to the satisfaction of Council’s Policies and Guidelines. To be completed prior to the commencement of use, unless otherwise specified by conditions of this approval or by a resolution of Council.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009.

2. The following further Development Permits must be obtained, where required: a. Development Permit for Operational Works b. Development Permit for Building Works c. Development Permit for Plumbing Works. 3. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees. 4. All building works are to be carried out in accordance with the requirements of the Building Code of Australia.

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IDAS 17/02 Torres Shire Council (Ken Brown Oval) – Material Change of Use (Outdoor Sport and Recreation) 149-151 Douglas Street Thursday Island – Lot 163 on TS98 and parts of Victoria Parade, Pearl Street and Douglas Street road reserves (cont’d)

ADVICE (cont’d)

5. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works. 6. Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991, if the cost of Operational Works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77 (1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. 7. In accordance with the Environmental Protection Regulation 2008 and Council’s Local Laws, work involving machinery of any description shall only be carried out on site from:  6.30am to 6.30pm, Monday to Saturday;  With no work on Sundays, Public Holidays and whilst a funeral or tombstone opening is being held in the vicinity of the activity. A maximum penalty of $1,500.00 applies to an offence under these provisions. 8.In accordance with the Environmental Protection (Water) Policy 2009, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the spot fines apply for such offences. 9.This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council.” Carried

IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 Min. 17/06/21 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council approves the application by Nevgold Pty Ltd for a Development Permit for Reconfiguring a Lot into 21 lots and common property at Milman Street Thursday Island being Lot 6 on SP219771. Subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS

1 The Plans of Development, as noted below are approved subject to any alterations. The applicant/owner must at all times during development of the land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with the following: a. The plans, specifications, facts and circumstances as set out in the application submitted to Council;

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IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ASSESSMENT MANAGER CONDITIONS (cont’d) b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme; and c. Any alterations found necessary by Council at the time of examination of Engineering Plans or during construction of the development because of particular engineering requirements. Except for any variation required to comply with these conditions of approval. Prior to the sealing of the survey plan and to be maintained at all times.

Approved Plans 2. The approved Plans of Development are as follows:

Plan Description Reference Date Proposal Plan Prepared by Colefax Rodgers SK1 14.02.17

Prior to the sealing of survey plan and to be maintained at all times.

Ergon Requirements 3. The applicant is to submit the information sought by Ergon Energy as identified in its Advice Agency response dated 3 May 2017 including:  A Noise study which analyses noise emissions from the turbines, impacts on allotments and describes proposed mitigation measures  A Visual Amenity Study which described what measures are proposed to ensure residential uses are not impacted by the turbines (including shadow flicker if relevant) The plan of development is to be amended in accordance with the recommendations of the abovementioned studies. Prior to the sealing of survey plan.

Plan of Subdivision 4. Submit to Council a Survey Plan for endorsement, in accordance with the approved plan except where modified to comply with the conditions of approval, following compliance with the relevant conditions and requirements. Prior to the sealing of survey plan.

Building Envelope Plan 5. A building envelope plan for the proposed lots must be lodged with Council in conjunction with the lodgement of an application for a Development Permit for Operational Works. The building envelope plan must comply with the following requirements: a. The building envelope must be pegged on site to the requirements and satisfaction of Council’s Delegated Officer; and b. For setbacks whereby: i. The building envelope demonstrates setback of all buildings and works, (including eave overhang and any pool) is at least 2m from start and finish of any berm; and ii. The building envelope demonstrates setback of all buildings, (including eave overhang) at least 2m from the side or rear boundary. The applicant/owner must also ensure that the endorsed building envelope plans are made known to all prospective purchasers of the lots. Proposed clearing on the lots is to be nominated on the engineering drawings submitted for Operational Works approval.

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IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Building Envelope Plan (cont’d)

The boundary of building envelopes must be delineated with marker pegs prior to any removal of vegetation. Driveway access corridors must also be clearly marked within the designated vegetation retention areas.

Community Management Statement 6. Ensure a Community Management Statement is registered. The Community Management Statement must cover common management and maintenance items including but not limited to any shared pedestrian and vehicle access and recreation areas.

7. The Community Management Statement must be submitted to, and the content accepted by, Council’s delegated officer. Prior to the sealing of survey plan.

8. Lodge the accepted Community Management Statement with the Registrar of Titles for the relevant Queensland State Government Authority. As part of the registration of the plan of survey.

9. Submit to Development Assessment, evidence of the registration of the accepted Community Management Statement. Within one month of the registration of the Community Management Statement

Easement 10. The applicant is to provide written confirmation of the location of existing services for the subject land. In any instance where existing services are contained within another lot, the applicant shall either: a. Relocate the services to comply with this requirement; or b. Arrange registration of necessary easements over services located within another lot prior to or in conjunction with submission of the Plan of Survey creating the lots. Prior to the sealing of survey plan.

11. Easements providing access to adjoining lots must be maintained at all times. Prior to the sealing of survey and to be maintained at all times.

Landscaping Plan 12. The applicant/owner must submit a plan detailing the proposed landscaping works within common property for Compliance Assessment against Council’s Policies and Guidelines. The landscaping plan must detail: a. Location of plantings for the site; b. Types of species to be used c. Methods of irrigation and maintenance Prior to the sealing of survey.plan

13. All landscaping works must be installed and maintained in accordance with the endorsed plan. Prior to the sealing of survey plan and to be maintained at all times.

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IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Environmental 14. The applicant/owner shall be responsible for the complete removal and destruction of any noxious weed or plants existing on the land the subject of the Development Permit. Prior to the sealing of survey plan and to be maintained at all times.

15. Trees over 50 cm diameter I metre above the ground level be accurately surveyed and be retained and incorporated into the development. A survey of the trees on-site is to be submitted to Council in conjunction with an application for a Development Permit for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

16. Machinery and construction and landscape materials brought from the mainland or from the Torres Strait Protected Zone must comply with the General Biosecurity Obligation (GBO) which requires that all persons who deal with biosecurity matter or a carrier, if they know or ought reasonably to know that it poses a biosecurity risk, to take all reasonable and practical measures to prevent or minimise the risk. Prior to the sealing of survey and to be maintained at all times.

Electricity 17. The applicant/owner must submit satisfactory evidence from Ergon Energy that:

a. Electricity is available to the approved lots; or b. An agreement has been made between the landowner and Ergon Energy to supply electricity to the approved lots. Prior to the sealing of survey.

Telecommunications 18. The applicant/owner must submit satisfactory evidence from telecommunications authorities that: a. Telecommunication services are available to the approved lots; or b. An agreement has been made between the landowner and a telecommunication provider to supply telecommunications services to the approved lots. Evidence is to be provided prior to the approval and dating of the Plan of Survey.

Costs 19. All recoverable unpaid rates, charges and expenses pertaining to the subject land are to be paid in full. Prior to the sealing of survey plan.

Advertising 20. Any advertising on the site must comply with the requirements of the Advertising Code in the Torres Shire Planning Scheme 2007. Details of advertising must be submitted to allow for compliance assessment against Council’s Policies and Guidelines. Prior to the sealing of survey plan.

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IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Excavation and Filling 21. The applicant/owner must submit detailed plans for excavation and filling on the site in association with an application for Operational Works. The plan of excavation and filling must take into account the following: a. No excavation or filling occurs on land with a gradient that exceeds 33.3% (1 in 3) except for excavation for the purpose of posthole or soil sample drilling; b. Excavation or filling is limited to the area required for the construction of Building Work and necessary access; c. Excavation or filling does not alter the skyline d. Earthworks on the hilltop or ridgeline are to be limited to the minimum necessary to achieve the desirable outcome in terms of the practicality and utility of the allotments and the access to them. In any case, the applicant shall demonstrate at Operational Works stage that the proposed works do not adversely impact on landscape character of the hilltop or ridgeline; and e. Identify locations for each driveways so that they can be constructed such that the transitional change in grade from the road to the lot is fully contained within the lot i.e. not within the road reserve. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Council’s Delegated Officer prior to the approval and dating of the Plan of Survey.

22. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works. Prior to the sealing of survey and to be maintained at all times.

23. Dust emissions or other air pollutants do not extend beyond the boundary of the site and cause a nuisance to surrounding properties. Prior to the sealing of survey and to be maintained at all times.

24. All slopes that have excavation or filling conducted, not included in a building envelope, must be re-vegetated by the applicant/owner with endemic trees, shrubs and ground covers immediately after the works have been undertaken. Prior to the sealing of survey and to be maintained at all times.

25. Trees at the foot or top of cut or fill batters are protected by the use of appropriate retaining methods and sensitive earth removal or placement. Prior to the sealing of survey and to be maintained at all times.

Geotechnical Assessment 26. A geotechnical assessment of each allotment must be carried out by a qualified and experienced geotechnical consultant. The applicant/owner must also ensure that the geotechnical reports are made known to all prospective purchasers of the lots. Prior to the sealing of survey and to be maintained at all times.

Engineering Certification 27. A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Operational Works. Prior to the sealing of survey plan.

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4.9 IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Internal Road 28 The road layout and design must comply with Queensland Streets and Council’s required standard (nominally the FNQROC Development Manual), to the satisfaction of Council’s Delegated Officer. In particular: a. Applicant/owner must demonstrate that service vehicles can manoeuvre within the T-head cul-de-sac adjacent to Lots 15 and 16; b. A parking bay must be provided at the end of the T-head cul-de-sac adjacent to Lots 16 and 17; and c. Traffic mirrors shall be installed at the hairpin bends on the internal access road. An amended plan incorporating the above requirements must be submitted prior to the issue of a Development Permit for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

29. At Operational Works stage, the applicant must demonstrate to Council’s satisfaction that a driveway is capable of being constructed between the internal “road” and the nominated building envelope for each of proposed allotments 1 — 18. Prior to the issuing of a Development Permit for Operational Works.

30. Construction of the private internal driveways within Common Property is to meet Council’s Planning Scheme requirements to the satisfaction of Council’s Director Engineering Services. Engineering drawings must be submitted for Compliance Assessment against Council’s Policies and guidelines. Prior to the sealing of survey and to be maintained at all times.

31. At the building stage in relation to proposed Lots 1 – 18, the owner must construct a driveway between the road frontage and the proposed car parking area that achieves the following requirements:

a. is concrete or other approved sealed surface; b. the cross over and apron, generally in accordance with FNQROC Development Manual Standard Drawing Sl 015 Revision B c. side drainage as required to remove stormwater from the driveway A plan of the driveway for the respective lots incorporation the above requirements must be submitted to and approved prior to the issue of a Development Permit — Building Works The driveway works are to be completed to Councils satisfaction prior to the final inspection of the Building Works. Prior to the issuing of a Development Permit for Building Works.

Street Lighting 32. The applicant/owner must make the following arrangement for the installation of street lighting within the proposed estate prior to the approval and dating of the Plan of Survey: a. A street lighting design must be prepared in accordance with the relevant Australian Standard by Ergon Energy or by a specialist consultant. This design must be submitted to and approved by Council’s Delegated Officer. The design must include measures to minimise the visual impact of onsite lighting on off-site. b. The applicant/owner must ensure that the street lighting will be constructed in accordance with this design by contributing the relevant capital contribution for the installation of the lighting to Ergon Energy or other approved contractor.

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4.9 IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Street Lighting (cont’d) c. Written confirmation that this contribution has been made to be provided prior to the issue of a Development Permit for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

Water Supply and Sewerage Works 33. The applicant/owner must carry out water supply and sewerage works to connect each approved lot to Council’s existing water supply and sewerage network to the satisfaction of Council’s Delegated Officer. In particular, each lot must be provided with a single internal water and sewer connection in accordance with Council’s Development Standards. Prior to the sealing of survey plan.

34. All works must be carried out in accordance with the approved plans. Prior to the sealing of survey and to be maintained at all times.

Stormwater 35. The Applicant shall undertake a local drainage study, prepared by an appropriately experienced RPEQ, to determine the drainage impacts on downstream properties and the mitigation measures required to minimise such impacts. In particular, the study must address the following: i. Confirm the legal point of discharge. ii. Identify any requirement for drainage easements. iii. Information on the proposed works and any impacts proposed at drainage outlets from the proposed development. iv. Confirm the primary and secondary flow paths for the 2, 10, 50 and 100 year ARI flood events, post development.

Stormwater (cont’d) Confirm that the existing discharge network downstream of the proposed discharge location has sufficient capacity to accommodate the post development flows and results in no net worsening on downstream properties. This report is to be submitted to Council and approved prior to the issuing of a Development Permit for Operational Works. Prior to the issuing of a Development Permit for Operational Works.

36. All stormwater within or entering the site shall be controlled in such a manner so that it does not cause any public health or safety concerns and/or damage or loss to property for the subject site or downstream. Prior to the sealing of survey and to be maintained at all times.

37. Stormwater design shall accord to the design and construction standards set down in FNQROC Manual and those of QUDM. Prior to the issuing of a Development Permit for Operational Works.

Lawful Point of Discharge 38. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of Council’s Delegated Officer. Prior to the issuing of a Development Permit for Operational Works. OR

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4.9 IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Lawful Point of Discharge (cont’d)

39. Submit to Council, written agreement from the owners of downstream properties for the discharge of stormwater from the site through the affected properties to a lawful point of discharge. Prior to the sealing of survey and to be maintained at all times.

Plan of Drainage Works 40. The subject land must be drained to the satisfaction of Council’s Delegated Officer. In particular, the drainage system from the development must incorporate gross pollutant traps or equivalent measures, meeting the following specifications for stormwater quality improvement devices (SQID), namely: a. End of line stormwater quality improvement devices (SQID) shall be of a proprietary design and construction and shall carry manufacturer’s performance guarantees as to removal of foreign matter from stormwater and structural adequacy of the unit. b. SQIDs shall remove at least 95% of all foreign matter with a minimum dimension of 3mm and shall be configured to prevent re-injection of captured contaminants. The SQID must treat all first flush runoff, which shall be defined as that volume of water equivalent to the runoff from the 3 month ARI storm event. The location of SQIDs within the drainage system shall be planned to ensure that the first flush waters from all parts of the (developed) catchment are treated. c. The design of any SQID shall not compromise the hydraulic performance of the overall drainage system. Prior to the issuing of a Development Permit for Operational Works. 41. All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of Council’s Delegated Officer prior to the approval and dating of the Plan of Survey. Prior to the sealing of survey and to be maintained at all times.

Soil and Water Management Measures 42. The Soil and Water Management Measures endorsed by Council’s Delegated Officer must be installed/implanted prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994 and nominally, the FNQROC Development Manual). Prior to the sealing of survey and to be maintained at all times.

Operational Works 43. Prior to construction commencing, Council will require approval for an Operational Works application for the following:  Water Supply & Sewerage Works  The internal driveway and allotment accesses including ancillary stormwater drainage  Stormwater  Earthworks  Erosion and sediment control plan for access works;  Building on slopes greater than 15% (including a geotechnical report) This application will need to include plans prepared by a Registered Professional Engineer Queensland in accordance with the FNQROC Manual that are to the satisfaction of Council’s Manager Engineering Services.

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IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

Operational Works (cont’d)

Council will require that one (1) copy of the design drawings be submitted to Council for preliminary assessment. Three (3) copies of the final design are to be submitted to Council for approval prior to the commencement of the works. On completion of the works, the Council shall require a Certificate of Completion from a Registered Professional Engineer and a set of as constructed plans must be deposited at Council’s office. Prior to the sealing of survey plan.

Public Utilities 44. The applicant is responsible for the cost of any alteration to public utilities as a result of complying with conditions of this Development Permit. Prior to the sealing of survey and to be maintained at all times.

45. Any damage caused to any public utility during the course of construction shall be repaired to ensure it conforms to the Councils Polices and Guidelines relevant to the infrastructure subject to damage. Prior to the sealing of survey and to be maintained at all times.

46. Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site shall be at no cost to Council. Prior to the sealing of survey and to be maintained at all times.

Costs 47. The applicant/owner shall be responsible for meeting all costs associated with the works required by this approval, together with the costs of any alterations to public utilities and services required by such works and with the connection of the development to such utilities and services. All works required shall be completed to the satisfaction of Council’s Policies and Guidelines. To be completed prior to the sealing of survey, unless otherwise specified by conditions of this approval or by a resolution of Council.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009. 2. The following further Development Permits must be obtained, where required: a. Development Permit for Operational Works b. Development Permit for Building Works c. Development Permit for Plumbing Works. 3. The applicant/owner must contribute in accordance with Council’s Charges Resolution (No.1) 2015 as required under Section 635 of the Sustainable Planning Act 2009. Charges are to be paid in accordance with the Infrastructure Charges Notice (ICN) issued concurrently with the Development Permit. Charges may be subject to escalation in accordance with the resolution and SPA. Payment is required prior to the commencement of use. 4. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees.

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REPORT

IDAS 17/03 – Nevgold Pty Ltd – Reconfiguring a Lot (1 into 21 Lots and Common Property) – Milman Street Thursday Island – Lot 6 on SP219771 (cont’d)

ADVICE (cont’d) 5. All building works are to be carried out in accordance with the requirements of the Building Code of Australia. 6. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works. 7. Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991, if the cost of Operational Works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77 (1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. 8. In accordance with the Environmental Protection Regulation 2008, work involving machinery of any description shall only be carried out on site from: a. 6.30am to 6.30pm, Monday to Saturday; b. With no work on Sundays, Public Holidays and whilst a funeral or tombstone opening is being held in the vicinity of the activity. 9. A maximum penalty of $1,500.00 applies to an offence under these provisions. 10. In accordance with the Environmental Protection (Water) Policy 2009, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the spot fines apply for such offences. 11. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council. 12. Infrastructure Charges Notice: Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Infrastructure Charges Notice relates to this development permit and accompanies this notice.” Carried

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773

Min. 17/06/22 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council approves the application by AJ Homes for a Development Permit for a Material Change of Use for a Dwelling House at 58 Summers Street Thursday Island being Lot 1 on SP219773 subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS 1. The Plans of Development, as noted below are approved subject to any alterations. The applicant/owner must at all times during development of the land carry out the development and construction of any building thereon and conduct the approved use generally in accordance with: a. The plans, specifications, facts and circumstances as set out in the application submitted to Council;

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5. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773

ASSESSMENT MANAGER CONDITIONS (cont’d) b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme; and c. Any alterations found necessary by Council at the time of examination of Engineering Plans or during construction of the development because of particular engineering requirements. Except for any variation required to comply with these conditions of approval. Prior to commencement of the use and to be maintained at all times.

Approved Plans 2. The approved Plans of Development are as follows:

Plan Description Reference Date Site Plan 2215-S1 04-2017 Site Works 2215-S2 04-2017 Ground Floor Plan 2215-S3 04-2017 First Floor Plan 2215-S4 04-2017 Elevation 1, Elevation 2 2215-S5 04-2017 Elevation 3, Elevation 4 2215-S6 04-2017 Prior to commencement of the use of the and to be maintained at all times.

Built Form and Amenity 3. The development and construction of any building must comply with the minimum set back distances in accordance with the Building Code of Australia and/or the Queensland Development Code including the provision of fire rated walls where necessary. Prior to commencement of Use and to be maintained at all times.

4. The development and construction of any building must comply with the minimum set back distances in accordance with the Building Code of Australia and/or the Queensland Development Code including the provision of fire rated walls where necessary. Prior to commencement of Use and to be maintained at all times.

Environmental 5. Clearing of vegetation is limited to that required for the access driveway, building envelope and necessary to address bushfire hazard in accordance with Condition 7.

6. Machinery and construction and landscape materials brought from the mainland or from the Torres Strait Protected Zone must comply with the General Biosecurity Obligation (GBO) which requires that all persons who deal with biosecurity matter or a carrier, if they know or ought reasonably to know that it poses a biosecurity risk, to take all reasonable and practical measures to prevent or minimise the risk. Prior to the commencement of use and to be maintained at all times. Bushfire Maintenance 7. Firebreaks from hazardous vegetation (of 1.5 times the predominant mature canopy tree height or 10 m, whichever is the greater) must be maintained by the owners at all times and flammable material must not be allowed to build up around the buildings so as not to create a fire hazard. Prior to commencement of Use and to be maintained at all times.

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PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

Electricity 8. The applicant/owner must submit satisfactory evidence from Ergon Energy that: a. electricity is available to the approved development; or b. an agreement has been made between the landowner and Ergon Energy to supply electricity to the proposed development. Prior to the issuing of a Development Permit for Building Works.

Telecommunications 9. The applicant/owner must submit satisfactory evidence from tele- communications authorities that: a. telecommunication services are available to the approved development; or b. an agreement has been made between the landowner and a telecommunication provider to supply telecommunications services to the proposed development. Prior to the issuing of a Development Permit for Building Works.

Waste 10. All construction waste and demolished materials are to be removed from the site. Prior to commencement of the use and to be maintained at all times.

Costs 11. All recoverable unpaid rates, charges and expenses pertaining to the subject land are to be paid in full. Prior to the commencement of use and to be maintained at all times.

Excavation and Filling 12. The applicant/owner must submit detailed plans for excavation and filling on the site in association with an application for Operational Works. Prior to the issuing of a Development Permit for Building Works.

13. All works must be carried out in accordance with the approved plans and the recommendations of the geotechnical report prepared by GEO Design (Job No: 17021AA-D-R01) dated 7 April 2017. Prior to commencement of use and to be maintained at all times.

Engineering Certification 14. A Registered Professional Engineer of Queensland shall certify engineering drawings and specifications for all engineering works, which shall be submitted in conjunction with an application for a Development Permit for Building Works and/or Operational Works. Prior to the issuing of a Development Permit for Operational/Building Works.

Internal Driveway 15. Construction of internal driveways is to be to the requirements of Council’s development standards as referenced in the TSC Planning Scheme. Engineering drawings must be submitted for with an Operational Works application prior to the issuing of a Development Permit for Building Works. Prior to the issuing of a Development Permit for Building Works.

Water Supply and Sewerage Works 16. The applicant/owner must carry out water supply and sewerage works to connect the proposed development to Council’s existing water supply and sewerage network to the satisfaction of Council’s Delegated Officer. Prior to the issuing of a Development Permit for Building Works.

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PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

Public Utilities 17. The applicant is responsible for the cost of any alteration to public utilities as a result of complying with conditions of this Development Permit. To be completed prior to commencement of use and to be maintained at all times.

18. Any damage caused to any public utility during the course of construction shall be repaired to ensure it conforms to the Councils Policies and Guidelines relevant to the infrastructure subject to damage. To be completed prior to commencement of use and to be maintained at all times.

Stormwater 19. All stormwater within or entering the site shall be controlled in such a manner so that it does not cause any public health or safety concerns and/or damage or loss to property and building for subject site or downstream of the subject site. Prior to commencement of Use and to be maintained at all times.

20. Stormwater design shall accord to the design and construction standards set down in FNQROC Manual and those of QUDM. Prior to the issuing of a Development Permit for Operational Works.

21. All surface water from the driveway and vehicle parking area is to be collected by drains and discharged via underground pipes to lawful point of discharge. The system is to be designed to prevent surface water being directed across the footpath in the road reserve and neighbouring properties. Prior to commencement of Use and to be maintained at all times.

Lawful Point of Discharge 22. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Building Works. OR

23. Submit to Council, written agreement from the owners of downstream properties for the discharge of stormwater from the site through the affected properties to a lawful point of discharge. Prior to the issuing of a Development Permit for Building Works.

Erosion and Sediment Control 24. The applicant/owner shall prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, may be necessary. During Building and Operational Works and then to be maintained at all times.

25. Plans detailing the methods of controlling erosion and sediment are to be submitted to Council for a Development Approval in accordance with Council’s Policies and Guidelines. Prior to the issuing of a Development Permit for Operational Works.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

Operational Works 26. Prior to construction commencing, Council will require approval of an Operational Works application for the following:  Filling & Excavation;  Erosion and sediment control plan for access works;  Building on slopes greater than 15% (including a geotechnical report) This application will need to include plans prepared by a Registered Professional Engineer Queensland in accordance with the FNQROC Manual that are to the satisfaction of Council’s Manager Engineering Services.

27. Council will require that one (1) copy of the design drawings be submitted to Council for preliminary assessment. Three (3) copies of the final design are to be submitted to Council for approval prior to the commencement of the works. On completion of the works, the Council shall require a Certificate of Completion from a Registered Professional Engineer and a set of as constructed plans must be deposited at Council’s office. Prior to the issuing of a Development Permit for Building Works.

Costs 28. The applicant/owner shall be responsible for meeting all costs associated with the works required by this approval, together with the costs of any alterations to public utilities and services required by such works and with the connection of the development to such utilities and services. All works required shall be completed to the satisfaction of Council’s Policies and Guidelines. To be completed prior to the commencement of use, unless otherwise specified by conditions of this approval or by a resolution of Council.

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009. 2. The following further Development Permits must be obtained, where required: a. Development Permit for Operational Works b. Development Permit for Building Works c. Development Permit for Plumbing Works 3. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees.

 All building works are to be carried out in accordance with the requirements of the Building Code of Australia. 4. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works. 5. Pursuant to the Building and Construction Industry (Portable Long Service Leave) Act 1991, if the cost of Operational Works exceeds $80,000, then a portable long service levy is required to be paid. In accordance with Section 77 (1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes – Material Change of Use (Dwelling House) - 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

ADVICE (cont’d)

6. In accordance with the Environmental Protection Regulation 2008, work involving machinery of any description shall only be carried out on site from: • 6.30am to 6.30pm, Monday to Saturday; • With no work on Sundays, Public Holidays and whilst a funeral or tombstone opening is being held in the vicinity of the activity. A maximum penalty of $1,500.00 applies to an offence under these provisions. 7. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council.“ Carried

IDAS 17/08 – Rod and Anne Colquhoun – Building Works Assessable Against the Planning Scheme – Port Lihou – Lot 64 on SP137261

Min. 17/06/23 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council approves the application by Rod and Anne Colquhoun for a Development Permit for Building Work Assessable against the Planning Scheme (Dwelling House) at Port Lihou Prince of Wales Island (Lot 64 on SP137261) subject to the following conditions:

ASSESSMENT MANAGER CONDITIONS 1. The Plans of Development:- a. as noted below are approved subject to any alterations. The applicant/owner must at all times during development of the land carry out the development in accordance with the following conditions of approval. b. generally in accordance with the approved plans and any alterations found necessary by Council at the time of examination of Engineering Plans or during construction of the development because of particular Prior to commencement of the use and to be maintained at all times.

Approved Plans 22. The approved Plans of Development are as follows:

Plan Description Reference Date Lower Floor Plan A201 21-03-2017 Upper Floor Plan A202 21-03-2017 Roof Plan A203 21-03-2017 Elevations A301 21-03-2017 Section 1 A401 21-03-2017

Prior to commencement of the use and to be maintained at all times

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/08 – Rod and Anne Colquhoun – Building Works Assessable Against the Planning Scheme – Port Lihou – Lot 64 on SP137261 (cont’d)

Built Form and Amenity 23. The applicant/owner must submit a plan detailing the construction materials and colours specific to the external appearance of the development for Compliance Assessment. The plan will be assessed against Council’s Policies and Guidelines. To be completed prior to the issuing of a Development Permit for Building Works.

Environmental 24. Machinery and construction and landscape materials brought from the mainland or from the Torres Straight Protected Zone must comply with the General Biosecurity Obligation (GBO) which requires that all persons who deal with biosecurity matter or a carrier, if they know or ought reasonably to know that it poses a biosecurity risk, to take all reasonable and practical measures to prevent or minimise the risk. Prior to commencement of use and to be maintained at all times.

Engineering Certification 25. The applicant is to submit to the satisfaction of Council, engineering drawings and specifications for all engineering works, certified by a Registered Professional Engineer of Queensland. Prior to the issuing of a Development Permit for Building Works.

Waste 26. All construction waste and demolished materials are to be removed from the site. Prior to commencement of the use and to be maintained at all times. Costs 27. All recoverable unpaid rates, charges and expenses pertaining to the subject land are to be paid in full.

Engineering 28. Any application for wastewater treatment and disposal must include details of the proposed wastewater disposal systems and calculation demonstrating compliance with the Queensland Plumbing and Wastewater Code and AS/NZS1547:2000 – ‘On- site domestic wastewater management’. Prior to the issuing of a Development Permit for Building Works.

29. The development provides rainwater tanks with a minimum capacity of 50,000 litres or where an alternative source of supply is available within the allotment, the applicant can provide certified evidence as to the flow rates and water quality of the bore water or other supply to eliminate or reduce the requirement for on-site water storage. Prior to the issuing of a Development Permit for Building Works.

Costs 30. The applicant/owner shall be responsible for meeting all costs associated with the works required by this approval, together with the costs of any alterations to public utilities and services required by such works and with the connection of the development to such utilities and services. All works required shall be completed to the satisfaction of Council’s Policies and Guidelines. Prior to the commencement of use, unless otherwise specified by conditions of this approval or by a resolution of Council.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/08 – Rod and Anne Colquhoun – Building Works Assessable Against the Planning Scheme – Port Lihou – Lot 64 on SP137261 (cont’d)

ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 341 of the Sustainable Planning Act 2009. 2. The following further Development Permits must be obtained, where required: a. Development Permit for Building Works b. Development Permit for Plumbing Works 3. All building works are to be carried out in accordance with the requirements of the Building Code of Australia. 4. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council.” Carried

Northern Cape York People Claim No.3- Determination Min. 17/06/24 Moved Deputy Mayor Loban Seconded Cr. Abednego “That Council endorses its decision of 5 June to consent to a determination of native title in the Northern Cape York People Claim No.3 and delegate to the Chief Executive Officer the power to negotiate any changes to the draft consent determination.” Carried

Attorney General’s Funding Min. 17/06/25 Moved Deputy Mayor Loban Seconded Cr. Abednego “That Council endorse the letter prepared by MacDonnells Law seeking funding for Council’s legal representation on matters related to the native title claims Badu (Warral and Ului) People QUD6005/2002, Kaurareg people #1 QUD266/08, Kaurareg People #2 QUD267/08 and Kaurareg People #3 QUD362/10.” Carried

Tree Removal – Quetta Close, Thursday Island Min. 17/06/26 Moved Deputy Mayor Loban Seconded Cr. Bani “That Council approves the removal of the Poinciana tree outside 7 Quetta Close as requested by the Department of Agriculture and Water Resources on the condition that it is replaced by a species listed in Council’s planning scheme and in a location approved by Council officers.” Carried

Queensland Climate Resilient Councils (QCRC) Program Min. 17/06/27 Moved Cr. Abednego Seconded Cr. Bani “That Council supports submission of an expression interest to participate in the Queensland Climate Resilient Councils Program and request a face-to-face briefing from LGAQ.” Carried

Min. 17/06/28 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That the report of the Regulatory Manager be received.” Carried

Adjournment: The meeting adjourned at 12.20pm for Lunch and resumed at 1.00pm.

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5. LATE ITEM

Proposed Funding 2017-2019 Works for Queensland Min. 17/06/29 Moved Cr. Bani, Seconded Cr. Abednego “That Council endorse the list below for the Proposed Funding for the 2017-2019 Works for Queensland projects - TSRA Minor Work for Queensland Total Infrastructure 2017-2019 Project Funds Costs 1 Water Main Upgrades (Thursday Island) $171,900 $171,900 $343,800 2 Solar Lights $60,000 $120,000 $180,000 (Thursday Island/Horn Island/ Prince of Wales Island) 3 New Dog Pound $40,000 $40,000 $80,000 4 Roads & Drainage Upgrades (Thursday Island) $168,100 $168,100 $336,200 5 Water Supply Upgrades $120,000 6 TRAWQ Beautification (Stage 1) $500,000 7 Cemetery Restoration $100,000 8 Sadies Beach $100,000 9 Footpath Upgrades (Douglas St) $100,000 10 Ken Brown Oval Upgrade $100,000 TOTAL $1,520,000

Cycle Network Local Government Grants Program 2017/2018 Min. 17/06/30 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council acknowledges the Funding from Round 2 $385,623 of the Cycle Network Local Government Grants Program 2017/2018.” Carried

IN COMMITTEE

That Council discuss ‘In Committee’, the items as listed below, under the provisions of the Local Government Regulation 2012, 275 Closed meetings; (1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government’s budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving it; or (g) any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain financial advantage.

Min. 17/06/31 Moved Mayor Malone, Seconded Cr. Abednego “That Council go into Committee.” Carried

Min. 17/06/32 Moved Mayor Malone, Seconded Deputy Mayor Loban “That Council come out of Committee.” Carried

Senator Scullion Min.17/06/33 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council commence negotiations with Torres Strait Island Regional Council in relation to a proposed partnership to facilitate the RJCP Contract from 2018.” Carried

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IN COMMITTEE (cont’d)

Min.17/06/34 Moved Cr. Bani, Seconded Cr. Abednego “That Council write to the State Government and provide an update of the Prince of Wales Island Safe Landing Facility and advise Council’s preferred location.” Carried

Deputations to Parliament House, Canberra – Wednesday 21 June 2017 Senator Nigel Scullion Min.17/06/35 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council write to Senator Scullion and provide an update of the Prince of Wales Island Safe Landing Facility and Council’s preferred location.” Carried

Deputations to Parliament House, Canberra – Wednesday 21 June 2017 Minister Ken Wyatt Min.17/06/36 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council formally invite Minister Ken Wyatt to visit the Torres Strait.” Carried

Deputations to Parliament House, Canberra – Wednesday 21 June 2017 Hon. Bill Shorten Min.17/06/37 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council formally invite the Hon. Bill Shorten to the Torres Strait and write to the Hon. Bill Shorten and advise the following three priorities are: (a) Progress and funding to construct the Horn Island Affordable Housing Project (b) Regional Waste Management (c) Closing the Gap (economic development, tourism, sustainability, health and health infrastructure including Thursday Island Cemetery Restoration & the Horn Island Airport Master Plan both of which are shovel ready)” Carried

Deputations to Parliament House, Canberra – Wednesday 21 June 2017 All State and Federal Ministers Min.17/06/38 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council (i) advise State and Federal Governments that Ministerial meetings, engagements and deputations be represented by all the Elected Councillors of Torres Shire Council, and (ii) write and advise State and Federal Government Departments to observe protocols of ensuring all contacts are made through the Office of Torres Shire Council.” Carried

Ken Brown Oval Tree Removal Min.17/06/39 Moved Cr. Abednego , Seconded Mayor Malone “That Council engage with the Bon family in relation to a possible plaque or memorial after the removal of the almond trees on Victoria Parade in relation to the Ken Brown Oval Extension Project.” Carried

Torres Shire (inner islands) Ranger Service Min.17/06/40 Moved Deputy Mayor Loban , Seconded Mayor Malone “That Council write to the Torres Strait Regional Authority expressing Council’s concern of the non-existent ranger services for the islands within Torres Shire Local Government boundaries.” Carried

Visit to TSC by Government Ministerial Champion - Minister Shannon Fentermin Min.17/06/41 Moved Deputy Mayor Loban , Seconded Cr. Abednego “That Council write and thank Minister Shannon Fentermin for her time in meeting with Council on Wednesday, 28 June 2017.” Carried

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7. GENERAL BUSINESS

Mayor Malone Rosehill Pontoon – edge protector required on the pontoon from damaging boats.

Deputy Mayor Loban Thursday Island Cemetery Memorial Wall Project – requesting a follow up for an update on this project.

DATE OF NEXT MEETING: Tuesday, 18 July 2017

CLOSURE: The meeting closed with a prayer by Cr. Bani at 2.20pm.

Confirmed this day of

MAYOR

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