Ordinary Council Meeting Agenda – Tuesday 22 December 2020

Committed to a sustainable future

Notice is hereby given pursuant to Section 83 of the Local Government Act 1999 that the next Ordinary Meeting of Council is to be held at the Community and Civic Centre, 61 Eighteenth Street, Renmark on Tuesday 22 December 2020 commencing at 7:00 PM.

Mr Tony Siviour Chief Executive Officer 16 December 2020 Agenda Ordinary Council Meeting - 22 December 2020

RENMARK PARINGA COUNCIL ORDINARY MEETING

Tuesday 22 December 2020

TABLE OF CONTENTS

1. OPENING BY THE MAYOR...... 5

2. PRESENT...... 5

3. APOLOGIES ...... 5

4. MEMBER'S DECLARATION OF INTEREST...... 6

5. DEPUTATIONS...... 7

6. QUESTIONS FROM THE GALLERY...... 7

6.1. Questions from the Gallery ...... 7

7. MOTION OF CONDOLENCE...... 7

8. MINUTES...... 7

8.1. Confirmation of Ordinary Council Meeting Minutes...... 7

8.1.1. Confirmation of Minutes of Ordinary meeting held 26 November 2020 ...... 7

8.1.2. Business arising from Ordinary Council Meeting Minutes...... 22

8.2. Confirmation of Special Council Meeting Minutes...... 22

8.2.1. Confirmation of Minutes of Special meeting held 8 December 2020 ...... 22

8.2.2. Business arising from Special Council Meeting Minutes...... 26

9. QUESTIONS...... 26

9.1. Questions with Notice ...... 26

9.2. Questions without Notice ...... 26

10. NOTICE OF MOTION...... 26

11. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES...... 26

11.1. Receive the Minutes and Recommendations of Council Committees ...... 26

12. ELECTED MEMBERS REPORTS ...... 32

13. LATE REPORTS...... 34

Page 2 | 215 Agenda Ordinary Council Meeting - 22 December 2020

14. CHIEF EXECUTIVE OFFICER REPORTS ...... 34

14.1. Delegations Register Update ...... 34

14.2. ABP project 2.1 18/19 Jane Eliza Commercial Marina & Slip Business Case

(Jarrett Memorial Gardens Houseboat Landing Project)...... 126

14.3. 17th/Cowra Streets Allotment Realignment ...... 129

15. DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORTS ...... 133

15.1. Asset Committee...... 133

15.2. Committee Schedule 2021...... 141

15.3. Donations - Community Grants Policy ...... 144

15.4. Works associated with 180 Murray Avenue, Renmark ...... 148

16. DIRECTOR INFRASTRUCTURE AND ENVIRONMENTAL SERVICES REPORTS ...150

16.1. Local Roads and Community Infrastructure Funding...... 150

16.2. Local Government Infrastructure Partnership Program ...... 154

16.3. Thurk Street Footpath ...... 159

16.4. Dridan Avenue Footpath ...... 161

17. INFORMATION ONLY REPORTS ...... 163

17.1. Chief Executive Officer...... 163

17.1.1. Chief Executive Officer's monthly activities ...... 163

17.1.2. Council Resolution Action report ...... 166

17.2. Director Corporate and Community Services...... 182

17.2.1. Financial Results for the Year Ended 30 June 2020 ...... 182

17.2.2. Community Grants Program 2020/21...... 187

17.2.3. Community Development Team - Quarterly report ...... 190

17.2.4. Environmental Officer - Quarterly Report ...... 196

17.2.5. Murray Darling Association (MDA) Region 5 Minutes ...... 207

17.3. Director Infrastructure and Environmental Services...... 212

17.3.1. Elected Member Requests - Monthly Report ...... 212

18. MOTIONS WITHOUT NOTICE...... 215

Page 3 | 215 Agenda Ordinary Council Meeting - 22 December 2020

19. GENERAL BUSINESS...... 215

20. MATTERS FOR CONSIDERATION IN CONFIDENCE ...... 215

20.1. Chief Executive Officer...... 215

20.2. Director Corporate and Community Services...... 215

20.3. Director Infrastructure and Environmental Services...... 215

21. CLOSURE ...... 215

Page 4 | 215 Agenda Ordinary Council Meeting - 22 December 2020

1. OPENING BY THE MAYOR

Acknowledgement of Country “I would like to acknowledge and pay respect to the First Peoples of the River Murray and Mallee region who are the traditional custodians of this land on which we meet.”

2. PRESENT

Mayor Neil Martinson

Deputy Mayor Henry Du Rieu

Councillors Allan Maddocks Maria Spano David Sims Ben Townsend Peter Hunter

Chief Executive Officer Tony Siviour

Director Corporate and Community Services Tim Pfeiffer

Director Infrastructure and Environmental Services Tim Tol

Executive Assistant/Minutes Julie Gregurec

3. APOLOGIES

Cr Sim Singh-Malhi (personal leave) Cr Margaret Howie

Page 5 | 215 Agenda Ordinary Council Meeting - 22 December 2020

4. MEMBER'S DECLARATION OF INTEREST

Member’s Declaration of Interest

Declarations of interest are to be made in writing prior to the commencement of the meeting.

Material – where any of a defined list of persons would gain benefit, or suffer a loss (whether directly or indirectly, personal or pecuniary) depending on the outcome of the consideration of the meeting.

Actual – where a Member has a Conflict of Interest (not being a material conflict of interest) between their own interests and the public interest that might lead to a decision that is contrary to the public interest.

Perceived – where from the perspective of an impartial, far-minded person it could reasonably be perceived that a Member has a Conflict of Interest in a matter.

Where an actual or perceived Conflict of Interest exists, the Member must inform the meeting of the interest and how (if they propose to participate in the meeting) they intend to deal with the actual / perceived Conflict of Interest. This information will be documented by the Minute Taker.

Page 6 | 215 Agenda Ordinary Council Meeting - 22 December 2020

5. DEPUTATIONS

Nil

6. QUESTIONS FROM THE GALLERY

6.1. Questions from the Gallery

7. MOTION OF CONDOLENCE

Recommendation: That Council acknowledges the following recently deceased person/s and formally record a motion of sympathy and condolence to the families;

LEVAK Kamal Mihovil GREGURKE, Herbert MOSELEY, Susan Margaret HERSEY, Colleen Edith LACEY, Christopher

8. MINUTES

8.1. Confirmation of Ordinary Council Meeting Minutes

8.1.1. Confirmation of Minutes of Ordinary meeting held 26 November 2020 8.1.1. Confirmation of Minutes of Ordinary meeting held 26 November 2020

Recommendation:

That the minutes of the Ordinary Council meeting held 26 November 2020 be received and confirmed.

Page 7 | 215 Minutes of the Ordinary Council Meeting

Thursday 26 November 2020

CommunityCommunity and and Civic Civic Centre, Centre 6161 EighteenthEighteenth Street, Street, Renmark Renmark

Attachment 8.1.1.1 Page 8 | 215 Minutes Ordinary Council Meeting - 26 November 2020

1. OPENING BY THE MAYOR

Mayor Martinson declared the meeting open at 07:05 pm.

Mayor Martinson read the Acknowledgement of Country.

“I would like to acknowledge and pay respect to the First Peoples of the River Murray and Mallee region who are the traditional custodians of this land on which we meet.”

2. PRESENT

Mayor Neil Martinson

Deputy Mayor Peter Hunter

Councillors Allan Maddocks Maria Spano David Sims Margaret Howie Henry Du Rieu Ben Townsend

Chief Executive Officer Tony Siviour

Director Corporate and Community Services Tim Pfeiffer

Director Infrastructure and Environmental Services Tim Tol via Zoom from 7.18pm

Executive Assistant/Minutes Julie Gregurec

3. APOLOGIES

Cr Sim Singh-Malhi (personal leave)

4. MEMBER'S DECLARATION OF INTEREST

Mayor Martinson advised Council that he had a Perceived Conflict of Interest in report 20.1.1 Sale or Lease of Council Land and will remain in the chamber.

Chief Executive Officer, T Siviour advised Council that he had a Perceived Conflict of Interest in report 20.1.1 Sale or Lease of Council Land and will remain in the chamber.

Director Corporate & Community Services, T Pfeiffer advised Council that he had a Perceived Conflict of Interest in report 20.1.1 Sale or Lease of Council Land and will leave the chamber.

5. DEPUTATIONS

Nil

Attachment 8.1.1.1 Page 9 | 215 Minutes Ordinary Council Meeting - 26 November 2020

6. QUESTIONS FROM THE GALLERY

Nil

7. MOTION OF CONDOLENCE

No known deaths were recorded in the Renmark Paringa Council district in the last month.

8. MINUTES

8.1. Confirmation of Ordinary Council Meeting Minutes 8.1.1. Confirmation of Minutes of Ordinary meeting held 27 October 2020 8.1.1. Confirmation of Minutes of Ordinary meeting held 27 October 2020

Council Resolution OC2020 - 240

Moved Deputy Mayor Hunter Seconded Cr Du Rieu

That the minutes of the Ordinary Council meeting held 27 October 2020 be received and confirmed. CARRIED 8.1.2. Business arising from Ordinary Council Meeting Minutes 8.1.2. Business arising from Ordinary Council Meeting Minutes

Nil

9. QUESTIONS

9.1. Questions with Notice

Nil

9.2. Questions without Notice

Nil

10. NOTICE OF MOTION

Nil

11. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES

11.1. Receive the Minutes and Recommendations of Council Committees

Attachment 8.1.1.1 Page 10 | 215 Minutes Ordinary Council Meeting - 26 November 2020

.1.1. Asset and Lease Committee Meeting - 2 November 2020 11.1.1. Asset and Lease Committee Meeting - 2 November 2020

Council Resolution OC2020 - 241

Moved Deputy Mayor Hunter Seconded Cr Spano

That the minutes of the Asset and Lease Committee meeting held on 2 November 2020 be noted and the following recommendations adopted; ALC2020–24 Boat Ramp Audit and Strategy ALC2020–25 Renmark Airport Masterplan ALC2020-26 Renmark Rovers Football Club – New Lease ALC2020-27 Renmark Rowing Club – New Lease ALC2020-28 Renmark Paringa Community Museum – New Lease. CARRIED

Council Resolution OC2020 - 242

Moved Deputy Mayor Hunter Seconded Cr Howie

That Council item ALC2020-21 - Sealed Road Maintenance improvements lay on the table until a full and proper discussion in relation to budget levers to reduce the deficit is agreed.

CARRIED 11.1.2. Audit Committee Meeting - 5 November 2020 11.1.2. Audit Committee Meeting - 5 November 2020

Council Resolution OC2020 - 243

Moved Cr Howie Seconded Cr Maddocks

That the minutes of the Audit Committee meeting held on 5 November 2020 be noted and the following recommendations adopted; AC2020–16 Audited Financial Statements AC2020–18 Debt Recovery Policy AC2020–19 Internal Financial Controls Policy AC2020-20 Credit Card Use Policy AC2020-21 Good Governance Self-Assessment Audit. CARRIED 11.1.3. Policy Review Committee - 11 November 2020 11.1.3. Policy Review Committee - 11 November 2020

Council Resolution OC2020 - 244

Moved Cr Howie Seconded Cr Townsend

That the minutes of the Policy Review Committee meeting held on 11 November 2020 be noted and the following recommendations adopted; PRC2020–38 Prudential Management Policy PRC2020–34 Cemetery Policy PRC2020–35 Road and Public Place Naming Policy

Attachment 8.1.1.1 Page 11 | 215 Minutes Ordinary Council Meeting - 26 November 2020

PRC2020-36 Policy Workplan PRC2020-37 Building Inspection Policy. CARRIED

12. ELECTED MEMBERS REPORTS

12.1. Elected Member Monthly Activities

Council Resolution OC2020 - 245

Moved Cr Maddocks Seconded Cr Sims

That the Elected Members reports be received

Mayor Martinson 20-21/10/20 Basin Community Committee meeting via zoom 21/10/20 Taylor Riverfront Precinct project on-site meeting 22/10/20 Economic Development Initiatives workshop 23/10/20 Murraylands & Riverland Local Govt. Association (MRLGA) General Meeting 23/10/20 MRLGA Regional Waste & RR Strategy Workshop 26/10/20 Weekly meeting with Executive Assistant (EA to CEO & Mayor) 26/10/20 Weekly meeting with Chief Executive Officer (CEO) 26/10/20 Citizenship Ceremony 26/10/20 Meeting with Regional Development Australia Murraylands & Riverland (RDAMR) representative and Hon Nicola Centofanti 26/10/20 Debrief meeting with CEO & Directors re; October Council meeting agenda 27/10/20 Informal Gathering of Council 28/10/20 Suicide Prevention session 28/10/20 Regional Development Australia (RDA) teleconference re; RDA future arrangements 28/10/20 Meeting with Renmark resident 29/10/20 Local Government Association (LGA) Annual General Meeting 30/10/20 Meeting with Paringa resident, Les Webb 2/11/20 Weekly meeting with EA to CEO & Mayor) 2/11/20 Weekly meeting with CEO 2/11/20 Asset & Lease Committee meeting 3/11/20 Australia Day 2021 meeting with relevant staff 4/11/20 KESAB Breakfast with Minister Spiers in Adelaide 5/11/20 Meeting with Olivewood representatives 5/11/20 Microsoft Teams round table meeting with Minister Pisoni re: Regional Workforce 5/11/20 Audit Committee meeting 9/11/20 KESAB Board zoom meeting 10/11/20 Weekly meeting with EA to CEO & Mayor 10/11/20 Weekly meeting with CEO 10/11/20 Informal Gathering of Tourism & Events Committee 10/11/20 Informal Gathering of Landcare Committee 11/11/20 Remembrance Day ceremonies and morning tea 11/11/20 Monthly meeting with Elected Members and Executive Team 11/11/20 Policy Review Committee meeting

Attachment 8.1.1.1 Page 12 | 215 Minutes Ordinary Council Meeting - 26 November 2020

12/11/20 Attended morning tea to farewell, Community Development Team Leader, Karen Wetherall 12/11/20 JP Signing 15/11/20 Opened Nunga Screen 2020 at Chaffey Theatre 16/11/20 Attended the Zonta Club meeting 16/11/20 Dean-Gurr Scholarship committee meeting 16/11/20 Meeting with Sir Angus Houston, Murray Darling Basin Authority

Deputy Mayor Hunter 20/10/20 Flinder’s University Mosaic Unveiling 22/10/20 Economic Development Initiatives workshop 23/10/20 MRLGA General meeting in Karoonda 23/10/20 MRLGA Regional Waste Management workshop in Karoonda 27/10/20 Informal Gathering of Council 29/10/20 Meeting with Community Development Team Leader re: Annual Report 2/11/20 Meeting re: Water issues and Minister Pitt 2/11/20 Asset & Lease Committee meeting 3/11/20 Australia Day planning options discussion 4/11/20 Friends of Parks – Paringa Paddocks 4/11/20 RIT Floodplains Watering meeting 5/11/20 Audit Committee meeting 6/11/20 Meeting with CEO re: Westpac and agenda items 9/11/20 Meeting with Director Infrastructure & Environmental Services (DIES) re: pigeons 13/11/20 RIT Wetlands meeting with Tim Whetstone 16/11/20 Calperum Station and CEWO/MDBA tour 16/11/20 MDBA Engagement session and Sir Angus Houston

Cr Maddocks 22/10/20 Economic Development Initiatives workshop 27/10/20 Informal Gathering of Council 2/11/20 Taylor Riverfront Precinct project on-site meeting 2/11/20 Asset & Lease Committee meeting 11/11/20 Monthly meeting with Elected Members and Executive Team 11/11/20 Policy Review Committee meeting 12/11/20 Attended morning tea to farewell, Community Development Team Leader, Karen Wetherall 12/11/20 Meeting with Mayor Martinson

Cr Du Rieu 27/10/20 Informal Gathering of Council 2/11/20 Asset & Lease Committee meeting 9/11/20 RTP Steering Committee meeting 10/11/20 Informal Gathering of Tourism & Events Committee 11/11/20 Remembrance Day ceremonies

Cr Howie 21/10/20 Taylor Riverfront Precinct project on-site meeting 21/10/20 PS Industry meeting 27/10/20 Informal Gathering of Council 5/11/20 Asset & Lease Committee meeting

Attachment 8.1.1.1 Page 13 | 215 Minutes Ordinary Council Meeting - 26 November 2020

6/11/20 Audit Committee meeting 10/11/20 Meeting with CEO 11/11/20 Informal Gathering of Landcare Committee 11/11/20 Monthly meeting with Elected Members and Executive Team 11/11/20 Policy Review Committee meeting CARRIED

13. LATE REPORTS

Nil

14. CHIEF EXECUTIVE OFFICER REPORTS 14.1. Deputy Mayor Position 14.1. Deputy Mayor Position

Council Resolution OC2020 - 246

Moved Deputy Mayor Hunter Seconded Cr Maddocks

That pursuant to Section 51 (3) of the Local Government Act 1999 Council appoint a Deputy Mayor for a term concluding at the General Election to be held in November 2022, and further: - That the choosing of a Deputy Mayor pursuant to Section 51 (4) of the Local Government Act 1999 shall be by way of an election, and further: -

That the Council determines that the method of voting for the election of Deputy Mayor will be by secret ballot with each Elected Member of Council being entitled to one vote (including the Mayor), and further: -

That the Council determines that in the event of two members being nominated for the position of Deputy Mayor, the method of voting be first past the post majority vote and in the event of three or more members being nominated for Deputy Mayor, the method of voting be lowest vote elimination until two candidates remain, and further: -

That in the event of a tie the matter be decided by drawing of lots, the candidate first drawn being the candidate excluded in accordance with the provisions of Section 51 (8) of the Local Government Act, 1999, and further: -

That the Chief Executive Officer be appointed the Returning Officer for the conduct of the ballot and shall at the conclusion advise the final number of votes cast for each candidate.

CARRIED

Council Resolution OC2020 - 247

Moved Cr Howie Seconded Cr Sims

That pursuant to Section 51(4) Local Government Act 1999 Council appoint Cr Henry Du Rieu to the position of Deputy Mayor for a period to conclude at the General Election in November 2022. CARRIED

15. DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORTS

Attachment 8.1.1.1 Page 14 | 215 Minutes Ordinary Council Meeting - 26 November 2020

15.1. Section 41 Committees 15.1. Section 41 Committees

Council Resolution OC2020 - 248

Moved Cr Howie Seconded Deputy Mayor Du Rieu

That Council: 1. Revoke the Section 41 Landcare Committee 2. Revoke the Section 41 Tourism and Events Committee 3. Revoke the Section 41 Asset and Lease Committee, create a Section 41 Asset Committee with membership limited to four elected members (excluding the Mayor who shall be an ex officio member) and acknowledge that all lease related matters will be managed through General Council Meetings. CARRIED 15.2. Annual Report - 2019/20 15.2. Annual Report - 2019/20

Council Resolution OC2020 - 249

Moved Cr Maddocks Seconded Cr Spano

That pursuant to Section 131 (1) of the Local Government Act 1999 and subject to the inclusion of the following alterations (if any), Council adopts the Renmark Paringa Council Annual Report 2018/19, including the audited financial statements, for the year ending 30 June 2020.

CARRIED 5.3. Grants Assessment Panel Appointments 15.3. Grants Assessment Panel Appointments

Council Resolution OC2020 - 250

Moved Cr Howie Seconded Cr Spano

That Council appoints Councillor Peter Hunter to the Renmark Paringa Council Grants Assessment Panel. CARRIED

Attachment 8.1.1.1 Page 15 | 215 Minutes Ordinary Council Meeting - 26 November 2020

C Cr Spano left the meeting at 8.08pm.

Cr Spano returned to the meeting at 8.11pm.

15.4. First Quarter Budget Review

Council Resolution OC2020 - 251

Moved Deputy Mayor Du Rieu Seconded Cr Howie

That Council: 1. Receives the report; 2. Considers the Operating Budget adjustments as at 30 September 2020 and adopt the amendments, giving Council a projected operating deficit of $680,000; 3. Considers the Capital Expenditure Budget adjustments of $3.13m as at 30 September 2020 and adopt the amendments. CARRIED

16. DIRECTOR INFRASTRUCTURE AND ENVIRONMENTAL SERVICES REPORTS 16.1. Stormwater Management - Riverside Estate 16.1. Stormwater Management - Riverside Estate

Council Resolution OC2020 - 252

Moved Cr Spano Seconded Deputy Mayor Du Rieu

That Council: 1. Resolves that its preferred option to upgrade the stormwater management in the locality of the Riverside Estate is to connect into the downstream end of an upgraded Council outlet pipe of the Cowra Street system. 2. Notes that an implementation plan for the preferred option will be developed. 3. Considers the implementation plan as part of the 2021/22 Annual Business Planning process and as part of the next review of the Infrastructure and Asset Management Plan.

AMENDMENT Moved Cr Hunter Seconded Cr Howie

That Council lay this matter on the table to seek clarity.

The Amendment became the motion and was put and CARRIED

Attachment 8.1.1.1 Page 16 | 215 Minutes Ordinary Council Meeting - 26 November 2020

16.2. Murraylands and Riverland Regional Public Health and Wellbeing Plan - D 16.2. Murraylands and Riverland Regional Public Health and Wellbeing Plan - Draft

Council Resolution OC2020 - 253

Moved Deputy Mayor Du Rieu Seconded Cr Sims

That Council: 1. Support the release of the draft Murraylands and Riverland Regional Public Health and Wellbeing Plan to the Minister for Health and Wellbeing and, subject to receiving the Minister’s permission, to the public for consultation. 2. Notes that the MRLGA Board has proposed a levy at the value of $5,000 per annum, per constituent council, for the 2020-21 and 2021-22 financial years as contribution to support the implementation of the Regional Public Health Plan and agrees to the payment of the levy. 3. Requests that the Regional Health and Wellbeing Co-ordinator role is reviewed after the initial two-year term to ensure that the aims of the Plan are being met, before consideration is given to a further extension of funding. CARRIED 16.3. - Stage 1A Waterway Allotments 16.3. Land Management Agreement - Stage 1A Waterway Allotments

Council Resolution OC2020 - 254

Moved Cr Spano Seconded Cr Hunter

That Council waives the relevant Clauses of the Land Management Agreement and approves the construction of a new fence at 6 Cocos Place, Stage 1A Waterway Allotments, Renmark.

CARRIED 16.4. Tree Removal Requests 16.4. Tree Removal Requests

Council Resolution OC2020 - 255

Moved Cr Hunter Seconded Cr Maddocks

That Council resolves to: 1. Remove 1 x Eucalyptus Erythrocorys at the Uniting Church Renmark and replace with a Bottlebrush “Kings Park Special” 2. Remove 4 x trees via the SAPN tree trimming program in the Paringa area at 4 & 14 Stoeckel Terrace and 5 Cudmore Avenue. Replace these trees with new trees planted in a more appropriate location 3. Allow removal of 1 x tree at 7 Barington Street at the expense of the property owner 4. Remove 1 dead tree and 1 leaning tree on Cowra Street. CARRIED

Director Infrastructure & Environmental Services left the meeting.

Attachment 8.1.1.1 Page 17 | 215 Minutes Ordinary Council Meeting - 26 November 2020

17. INFORMATION ONLY REPORTS

17.1. Chief Executive Officer

Council Resolution OC2020 - 256

Moved Cr Sims Seconded Deputy Mayor Du Rieu

That Council receive the Chief Executive Officer's Information Only reports. CARRIED 17.1.1. Chief Executive Officer's monthly activities 17.1.1. Chief Executive Officer's monthly activities 7.1.2. Council Resolution Action report 17.1.2. Council Resolution Action report 17.1.3. Murraylands & Riverland LGA General Meeting minutes 10/7/20 17.1.3. Murraylands & Riverland LGA General Meeting minutes 10/7/20 17.1.4. G3 Riverland Alliance meeting - 21 October 2020 17.1.4. G3 Riverland Alliance meeting - 21 October 2020

17.2. Director Corporate and Community Services

Council Resolution OC2020 - 257

Moved Cr Townsend Seconded Cr Spano

That Council receive the Director Corporate and Community Services Information Only reports. CARRIED 17.2.1. Elected Member Requests - Corporate & Community Services 17.2.1. Elected Member Requests - Corporate & Community Services

17.3. Director Infrastructure and Environmental Services

Council Resolution OC2020 - 258

Moved Cr Spano Seconded Cr Sims

That Council receive the Director Infrastructure and Environmental Services Information Only reports. CARRIED 17.3.1. Planning Portal and Planning and Design Code Implementation 17.3.1. Planning Portal and Planning and Design Code Implementation 17.3.2. Elected Member Requests - Monthly Report 17.3.2. Elected Member Requests - Monthly Report

Attachment 8.1.1.1 Page 18 | 215 Minutes Ordinary Council Meeting - 26 November 2020

18. MOTIONS WITHOUT NOTICE

Council Resolution OC2020 - 259

Moved Cr Howie Seconded Cr Spano

That Council invite the Renmark Rose Festival committee to address Council on the future plans of the Rose Festival. CARRIED

Council Resolution OC2020 - 260

Moved Cr Hunter Seconded Cr Spano

In line with Council's Disability Access and Inclusion Plan staff investigate as a matter of urgency to repair the pathway along Dridan Avenue towards 20th Street. CARRIED

19. GENERAL BUSINESS

Nil

20. MATTERS FOR CONSIDERATION IN CONFIDENCE

20.1. Chief Executive Officer 20.1.1. Sale or Lease of Council Land - Exclusion Motion 20.1.1. Sale or Lease of Council Land - Exclusion Motion

Mayor Martinson advised Council that he had a perceived conflict of Interest in agenda report 20.1, Sale or Lease of Council land due to his grandchildren currently attending St Joseph's Primary School and will remain in the chamber.

Director Corporate & Community Services declared a perceived conflict of interest in agenda report 20.1.1, Sale or Lease of Council land due to his spouse being employed by the organisation and his children currently attending St Joseph's Primary School and left the chamber at 9.27pm.

Chief Executive Officer declared a perceived conflict of interest in agenda report 20.1.1, Sale or Lease of Council land due to his children currently attending St Joseph's Primary School and will remain in the chamber.

Council Resolution OC2020 - 261

Moved Cr Townsend Seconded Cr Maddocks

That pursuant to the provisions of Section 90(2) and 90(3)(d)(i)(ii) of the Local Government Act, 1999, the Council orders that the public be excluded with the exception of the Chief Executive Officer and Executive Assistant to the Chief Executive Officer present on the basis that it will receive, consider and discuss the Chief Executive Officer’s report 20.1.1 relating to Sale or Lease of Council Land and that Council is satisfied that the principle, being that the

Attachment 8.1.1.1 Page 19 | 215 Minutes Ordinary Council Meeting - 26 November 2020

meeting should be conducted in a place open to the public, is outweighed in relation to the matters because receiving, considering and discussing these matters involves:

Section 90(3)(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest. CARRIED

Resumption of Open Council The Ordinary Council meeting resumed Open Council after considering the confidential report 20.1.1

Council Resolution Retention Motion OC2020 – 261.2

Moved Cr Maddocks Seconded Cr Spano Confidential Order to retain minutes and documents in confidence That pursuant to Section 91(7) of the Local Government Act, 1999 the Council orders the minutes and documents considered and discussed relating to report 20.1.1, Sale or Lease of Council Land for a period to be determined by the Chief Executive Officer. CARRIED 20.1.2. Jae Eliza Solar Farm - Exclusion motion 20.1.2. Jane Eliza Solar Farm - Exclusion motion

Council Resolution OC2020 - 262

Moved Cr Townsend Seconded Cr Sims

That pursuant to the provisions of Section 90(2) and 90(3)(b)(i)(ii) of the Local Government Act, 1999, the Council orders that the public be excluded with the exception of the Chief Executive Officer and Executive Assistant to the Chief Executive Officer present on the basis that it will receive, consider and discuss the Chief Executive Officer’s report 20.1.2 relating to Jane Eliza Solar Farm and that Council is satisfied that the principle, being that the meeting should be conducted in a place open to the public, is outweighed in relation to the matters because receiving, considering and discussing these matters involves:

Section 90(3)(b) information the disclosure of which (i) could reasonably be expected to confer a commercial advantage on a person with whom the Council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Council; and (ii) would, on balance, be contrary to the public interest. CARRIED

Attachment 8.1.1.1 Page 20 | 215 Minutes Ordinary Council Meeting - 26 November 2020

Council Resolution OC2020 – 262.1

Moved Cr Hunter Seconded Cr Howie

That Council agree to terminate the Jane Eliza Solar Farm project Ground Lease and Development Services Agreement with Jane Eliza Solar Farm Pty Ltd and advise Akuo Energy that Council has no interest in taking ownership of the Special Purpose Vehicle - Jane Eliza Solar Farm Pty Ltd.

Further that Council agree to receive the intellectual property from the Jane Eliza Solar Farm project from Akuo Energy Pty Ltd (Akuo) at no cost. CARRIED

This item did not remain in confidence.

20.2. Director Corporate and Community Services

Nil

20.3. Director Infrastructure and Environmental Services

Nil

21. CLOSURE

Mayor Martinson declared the meeting closed at 09:44 pm.

Attachment 8.1.1.1 Page 21 | 215 Agenda Ordinary Council Meeting - 22 December 2020

8.1.2. Business arising from Ordinary Council Meeting Minutes 8.1.2. Business arising from Ordinary Council Meeting Minutes

8.2. Confirmation of Special Council Meeting Minutes

8.2.1. Confirmation of Minutes of Special meeting held 8 December 2020 8.2.1. Confirmation of Minutes of Special meeting held 8 December 2020

Recommendation:

That the minutes of the Special Council meeting held 8 December 2020 be received and confirmed.

Page 22 | 215 Minutes of the Special Council Meeting

Tuesday 8 December 2020 Community and Civic Centre, 61 Eighteenth Street, Renmark

Attachment 8.2.1.1 Page 23 | 215 Minutes Special Council Meeting - 8 December 2020

1. OPENING BY THE MAYOR

Mayor Martinson declared the meeting open at 06:02 pm.

Mayor Martinson read the Acknowledgement of Country.

“I would like to acknowledge and pay respect to the First Peoples of the River Murray and Mallee region who are the traditional custodians of this land on which we meet.”

2. PRESENT

Mayor Neil Martinson

Deputy Mayor Henry Du Rieu

Councillors Maria Spano David Sims Margaret Howie Peter Hunter Ben Townsend Allan Maddocks

Chief Executive Officer Tony Siviour

Director Corporate and Community Services Tim Pfeiffer

Executive Assistant/Minutes Ashleigh Baker

3. APOLOGIES

Cr Sim Singh-Malhi (personal leave)

4. MEMBER'S DECLARATION OF INTEREST

Nil

5. CHIEF EXECUTIVE OFFICER REPORTS

Nil

Attachment 8.2.1.1 Page 24 | 215 Minutes Special Council Meeting - 8 December 2020

6. DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORTS

6.1. Westpac End of Lease

Council Resolution SC2020 - 32

Moved Cr Sims Seconded Cr Howie

That Council delegate authority to the Director Corporate & Community Services to accept the payment of $80,000 (+ GST) from Westpac Banking Corporation in lieu of rectification works and to execute all associated end of lease documentation.

CARRIED

7. DIRECTOR INFRASTRUCTURE AND ENVIRONMENTAL SERVICES REPORTS

Nil

8. CLOSURE

Mayor Martinson declared the meeting closed at 06:10 pm.

Attachment 8.2.1.1 Page 25 | 215 Agenda Ordinary Council Meeting - 22 December 2020

8.2.2. Business arising from Special Council Meeting Minutes 8.2.2. Business arising from Special Council Meeting Minutes

9. QUESTIONS

9.1. Questions with Notice

Nil

9.2. Questions without Notice

10. NOTICE OF MOTION

Nil

11. MINUTES AND RECOMMENDATIONS OF COUNCIL COMMITTEES

11.1. Receive the Minutes and Recommendations of Council Committees

11.1.1. Riverland Regional Assessment Panel - 10 December 2020

Recommendation: That the minutes of the Riverland Regional Assessment Panel meeting held 10 December 2020 be received.

Page 26 | 215

THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL MINUTES OF THE MEETING OF THE RIVERLAND REGIONAL ASSESSMENT PANEL HELD THURSDAY 10 DECEMBER 2020 AT 1.31 PM AT THE RENMARK PARINGA COUNCIL CHAMBER, 61 EIGHTEENTH STREET, RENMARK.

ITEM 1 WELCOME: Mr Ballantyne welcomed the Panel members and staff.

ITEM 2 PRESENT: Panel members Messrs B.G. Ballantyne, J.B. McVicar, G.D. Parsons, H.R. DuRieu, Ms J.A. Lewis. Council staff J.G. Hunt (Development Officer – Planning, District Council of Loxton Waikerie), R Semrau (Principal Planner, Renmark Paringa Council), Mr T Tol (Assessment Manager), Ms A Angeletti (Administration Officer).

ITEM 3 APOLOGIES: Nil

ITEM 4 CONFIRMATION OF MINUTES

MOTION (RRAP 134/20): That the minutes of the meeting held 15 October 2020 be taken as read and confirmed. G.D. Parsons / J.B. McVicar CARRIED

ITEM 5 BUSINESS ARISING FROM THE PREVIOUS MINUTES Nil

ITEM 6 DECLARATION OF INTEREST BY MEMBERS OF PANEL: Nil

ITEM 7 HEARING OF REPRESENTATIONS: Nil

ITEM 8 REPORTS:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Assessment Panel, held Thursday 10 December 2020 Page 190

Attachment 11.1.1.1 Page 27 | 215

Item 8.1 Development Application 752/D001/20 – M Tsakarellos

Application No: 752/D001/20 Council: Berri Barmera Council Relevant Authority: Riverland Regional Assessment Panel Applicant: Michael Tsakarellos Owner: James and Christine Rolfe Lodgement date: 17 February 2020 Description of development: Land division – two (2) allotments into two (2) allotments Property details: 33 (Section 221) Renfrey Road, Barmera as contained in Certificate of Title Volume 5964 Folio 285 & Allotment 6 DP 27336 CR 5405 778 Zone / Policy Area: Primary Production Zone, Horticulture Policy Area 1 as delineated on Map BeBa/23 Development plan provisions: Berri Barmera Council Development Plan, consolidated - 8 December 2016 Referrals / Agency consultations: State Commission Assessment Panel SA Water Central Irrigation Trust Form of assessment: Merit Public notification category: Category 1 Recommendation: • Refuse Development Plan Consent, Land Division Consent and Development Approval Officer: Consultant Planner on behalf of Berri Barmera Council File reference: A1758

MOTION (RRAP 135/20): 1. The Riverland Regional Assessment Panel determines that Development Application 752/D001/20 is not seriously at variance with the Berri Barmera Council Development Plan. 2. The Riverland Regional Assessment Panel determines to REFUSE Development Plan Consent and Land Division Consent to Development Application 752/D001/20 for the following reasons:

1. The proposed development application for a land division (boundary realignment) does not align with the desired character and intended land use within the Zone or Policy Area, insofar as creating a hammerhead rural living allotment that does not support the continued viability of primary production.

Primary Production Zone Objective 5, PDC 11; Horticulture Policy Area 1 Objective 3, PDC 5

2. The proposed development application does not comply with the relevant provisions in regards to preservation of the horticultural purpose of land.

Horticulture Policy Area 1 Objective 1

3. The proposed development is for a form of incompatible use that is likely to result in future undesired interface issues between an increase in the sensitivity of land uses on the land, and existing and future primary production and create land use conflict that jeopardises the future integrity of the Primary Production Zone and Horticulture Policy Area. The proposal has not been designed to cater for a minimising of future interface issues; &

General, Interface between Land Uses Objective 1, 3, PDC 4 and 5

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Assessment Panel, held Thursday 10 December 2020 Page 191

Attachment 11.1.1.1 Page 28 | 215

4. The proposed battle-axe residential allotment has an access handle greater than 50m in length and boundaries to allotments for potential horticulture use or already being used for such purposes less than 40 metres from the dwelling on the land to be excised.

Horticulture Policy Area 1 PDC 8 and 9

5. The proposal does not represent the orderly and sustainable development of land, due to land use conflicts, irregular and undesirable allotment configuration and a predisposition to undermining of the intent of the Zone and Policy Area through incursion of a standalone residential use in a Zone and Policy Area in which this is not desired, therefore prejudicing the Development Plan provisions.

General, Orderly and Sustainable Development Objective 3, 4 and PDC 1, 2 and 8

G.D. Parsons / J.B. McVicar CARRIED

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Assessment Panel, held Thursday 10 December 2020 Page 192

Attachment 11.1.1.1 Page 29 | 215

Item 8.2 Development Application 551/D015/20 - Sawley Lock O’Callaghan on behalf of K Schutz

Application No: 551/D015/20 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Sawley Lock O’Callaghan Owner: Kane Schutz Lodgement date: 20/06/2020 Description of development: Land Division – one (1) allotment into two (2) allotments Property details: Section 160, 50 Ohlmeyer Road, Waikerie as contained in Certificate of Title Volume 6046 Folio 287 Zone / Policy Area: Rural Living Zone, Precinct 8 Waikerie East Map LoWa/10 Development plan provisions: Loxton Waikerie Council Development Plan, consolidated 19 April 2017 Referrals / Agency consultations: State Commission Assessment Panel Central Irrigation Trust Native Vegetation Council SA Water Corporation Form of assessment: Merit Public notification category: Category 1 Recommendation: Refusal Officer: Jordan Hunt

MOTION (RRAP 136/20): 1. The Riverland Regional Assessment Panel determines that Development Application 551/D015/20 is not seriously at variance with the Loxton Waikerie Council Development Plan. 2. The Riverland Regional Assessment Panel determines to REFUSE Development Plan Consent to Development Application 551/D015/20, for the following reasons: 2.1 The application is at variance with • Objective 4 of the Land Division Module in that the proposed land division is not considered to integrate with the existing site features, specifically the existing remnant native vegetation; • Principle of Development Control 3 of the Land Division Module in that the proposed land division enables the fragmentation, reduction in size and clearance of native vegetation; • Principles of Development Control 4 (g), 7 (d), 11(a), 21 (d) of the Land Division Module in that the proposed land division requires the removal of native vegetation to facilitate new boundaries and therefore does not protect or retain the existing native vegetation; • Objectives 1 and 8 of the Natural Resources Module in that the proposed land division does not result in the retention, protection and restoration of the natural environment which includes native flora; • Principles of Development Control 30 and 31 of the Natural Resources Module in that the proposed division enables clearance and disturbance of a large patch of remnant native vegetation; • Principle of Development Control 32 of the Natural Resources Module in that the proposed land division compromises the existing native vegetation and does not seek to conserve its natural value and function; • Objective 4 of the Orderly and Sustainable Development Module in that the proposal prejudices the achievement of the provisions of the Development Plan. Ms J.A. Lewis / H.R. DuRieu CARRIED

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Assessment Panel, held Thursday 10 December 2020 Page 193

Attachment 11.1.1.1 Page 30 | 215

ITEM 9 OTHER BUSINESS: Nil

ITEM 10 NEXT MEETING: The next scheduled meeting of the RRAP is 21 January 2020

ITEM 11 CLOSE: 1:59pm

Date: , 2021 Signed Mr B.G. Ballantyne

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Assessment Panel, held Thursday 10 December 2020 Page 194

Attachment 11.1.1.1 Page 31 | 215 Agenda Ordinary Council Meeting - 22 December 2020

12. ELECTED MEMBERS REPORTS

12.1. Elected Member Monthly Activities

Reporting Officer Julie Gregurec – Executive Assistant to CEO & Mayor CEO/Director Tony Siviour - Chief Executive Officer

Recommendation:

That the Elected Members reports be received.

Purpose To provide residents and Staff with a record of the Elected Members monthly activities for November/December 2020.

Background Mayor Martinson 17/11/20 Weekly with Executive Assistant (EA) to Chief Executive Officer and Mayor 17/11/20 Weekly meeting with CEO 17/11/20 Zonta Club photo for Murray Pioneer 17/11/20 Economic Development Initiatives briefing to Members 18/11/20 Reconciliation Action Plan meeting via zoom 23/11/20 Weekly meeting with EA 23/11/20 Weekly meeting with CEO 25/11/20 Basin Community Committee meeting via teleconference 25/11/20 KESAB 2020 Annual General Meeting 25/11/20 KEASB 2020 Board Meeting 26/11/20 Shovel Ready Program webinar via zoom 26/11/20 Debrief meeting with CEO and Directors re: November council meeting agenda 26/11/20 Informal Gathering of Council 27/11/20 Mayor’s vehicle fire extinguisher check 28/11/20 ABC radio interview 1/12/20 Weekly meeting with EA 1/12/20 Weekly meeting with CEO 1/12/20 JP signing duties 1/12/20 Murraylands & Riverland RTA Committee meeting via zoom 2/12/20 Riverland Suicide Prevention meeting 2/12/20 Webinar on LGA procurement Shovel Ready Program 2/12/20 Regional Development Australia Murraylands & Riverland (RDAMR) board meeting 3/12/20 Regional Development SA meeting in Nurioopta 7/12/20 Present Renmark Primary School Year 7 graduation certificates 7/12/20 Weekly meeting with CEO 7/12/20 Weekly meeting with EA 7/12/20 Review of 2020-21 Community Grants meeting 7/12/20 Attended Renmark High School Presentation evening 8/12/20 Special Council meeting 8/12/20 Budget Levers workshop 9/12/20 Monthly meeting with Elected Members and Executive Team 10/12/20 LGA Procurement – Shovel Ready projects webinar 10/12/20 Renmark Paringa Landcare future options meeting 10/12/20 Father Christmas at St Joseph’s Primary School event

Page 32 | 215 Agenda Ordinary Council Meeting - 22 December 2020

11/1/20 Chaffey Community Centre Volunteer lunch 11/12/20 Presented graduation certificates to Year 7 students 14/12/20 Weekly meeting with CEO 14/12/20 Weekly meeting with EA 14/12/20 Australia Day nominations meeting 14/12/20 Attended welcome morning tea for new Records Officer

Deputy Mayor Du Rieu 17/11/20 Economic Development Initiatives briefing to Members 26/11/20 Informal Gathering of Council 3/12/20 Present University certificates to St Joseph’s Primary School students 7/12/20 Review 2020-21 community grants meeting 8/12/20 Special Council meeting 8/12/20 Budget Levers workshop 10/12/20 Meeting with Renmark resident Trevor Loxton re: Westpac building

Cr Maddocks 17/11/20 Zonta Club photo shoot (against domestic violence) 17/11/20 Economic Development Initiatives briefing to Members 26/11/20 Informal Gathering of Council 8/12/20 Special Council meeting 8/12/20 Budget Levers workshop 9/12/20 Monthly meeting with Elected Members and Executive Team 14/12/20 Attended welcome morning tea for new Records Officer

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Continuously improve our standard of service

4 A Positive Experience 4.2 Ensure elected members, staff and volunteers are well trained to effectively fulfil their responsibilities 4.2.1 Elected members and staff are able to access training and development regarding Council processes and procedures

Page 33 | 215 Agenda Ordinary Council Meeting - 22 December 2020

13. LATE REPORTS

Nil

14. CHIEF EXECUTIVE OFFICER REPORTS

14.1. Delegations Register Update 14.1. Delegations Register Update

Reporting Officer Tony Siviour - Chief Executive Officer CEO/Director Tony Siviour - Chief Executive Officer Relevant Legislation Local Government Act 1999 Attachments 1. Info sheet amended Instrument A under planning act 2016 [14.1.1 - 2 pages] 2. Track Change Version Instrument A PDI Act 30.10.20 [14.1.2 - 46 pages] 3. Instrument A PDI Act 2016 with changes 30.10.20 [14.1.3 - 41 pages]

Recommendation: That Council; Having considered Report 14.1 titled ‘Resolution to Delegate Powers of the Council as a Council, Designated Authority and Designated Entity under the Planning, Development and Infrastructure Act 2016’ as presented to the Ordinary Council meeting, receive and note the report.

Revocations 1. The Council hereby revokes its previous delegations to its Chief Executive Officer of those powers and functions under the following 1.1. Planning, Development and Infrastructure Act 2016, Regulations, Planning & Design Code and Practice Directions of Powers of a Council as a Council; a Designated Authority; a Designated Entity (Instrument A)

Delegations made under the Local Government Act 1999 2. In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Planning, Development and Infrastructure Act 2016 and statutory instruments made thereunder contained in the proposed Instrument of Delegation (annexed to the Report dated 22 December 2020 and entitled Resolution to Delegate Powers of the Council as a Council, Designated Authority and Designated Entity under the Planning , Development and Infrastructure Act 2016) are hereby delegated this twenty second of December 2020 to the person occupying or acting in the office of Chief Executive Officer of the Council subject to the conditions and/or limitations, if any, specified herein or in the Schedule of Conditions in the proposed Instrument of Delegation. 3. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation.

Purpose Seek endorsement from Council to review and adopt the recommended amendments to Instrument A of the Planning, Development and Infrastructure Act (PDI Act) delegations.

Page 34 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Background The Local Government Association have advised that amendments have been made to the delegation of powers and function of Instrument A under the PDI Act 2016.

Due to the amendments to Instrument A under the PDI Act 2016, the Council is required to replace the current Instrument with a new Instrument A. The reasons for the amendments are as follows;

 the delegation of powers and function under the Planning, Development and Infrastructure Act 2016 (the PDI Act) of a council as a council, designated authority and designated entity is made pursuant to Section 44 of the Local Government Act 1999 (the LG Act) which permits a council to delegate powers and functions of a council under the LG Act or another Act. The PDI Act only permits the delegation of the powers of a relevant authority;

 as Section 44 of the LG Act is relied on to delegate powers and functions of a council as a council, designated authority and designated entity the requirements and prohibitions for making delegations set out in Section 44 of the LG Act is applicable. One such prohibition is set out in Section 44(3)(i) which provides that a council may not delegate

‘the power to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister, being an application, recommendation, report or notice for which provision is made by or under (the LG) Act or another Act’

 the reference to ‘Minister’ in an Act is defined in the Acts Interpretation Act 1915 as the Minister to whom the administration of the Act has been committed by the Governor, or in whom the administration of the Act is otherwise vested;

 when instrument A was prepared:

 the LG Act was committed to the Minister for Local Government;  the PDI Act was committed to the Minister for Planning.

Therefore, at the time of the preparation of Instrument A, a council could delegate the power to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister for Planning (but not the Minister for Local Government being the Minister to whom the LG Act was at that time committed).

However, due to machinery of government changes, there is now one Minister for Planning and Local Government, both the LG Act and the PDI Act have been committed to the Minister for Planning and Local Government. Therefore in relation to Instrument A, the delegation of powers and functions of a council as a council, designated authority and designated entity to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister, being an application, recommendation, report or notice for which provision is made by or under the LG Act or another Act including the PDI Act is not permitted due to Section 44(3)(i) of the LG Act.

A track change version is provided to identify the amendments to Instrument A, also attached is clean format of Instrument A to show the delegations that have changed.

Page 35 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Review and improve governance structure, policies and decision- making processes on a regular basis

Engagement Stakeholder Nil Elected Members Nil Staff EA to CEO

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source No financial impact Current Budget Impact No financial impact Future Budget Impact No financial impact

Asset Management Impact N/A

Relevant documents Delegations Register 2020

Page 36 | 215 Attachment 14.1.1 Page 37 | 215 Attachment 14.1.1 Page 38 | 215 INSTRUMENT A

INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: • A COUNCIL; • A DESIGNATED AUTHORITY; • A DESIGNATED ENTITY

NOTES

1. Conditions or Limitations: conditions or limitations may apply to the delegations contained in this Instrument. Refer to the Schedule of Conditions at the back of this document.

2. Refer to the relevant Council resolution(s) to identify when these delegations were made, reviewed and or amended.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

1. Planning Regions and Greater Adelaide

1.1 The power pursuant to Section 5(5)(b) of the Planning, Development and Infrastructure Act 2016 (the PDI Act) to make submissions to the Minister on a proposed proclamation under Section 5 of the PDI Act.

2. Subregions

2.1 The power pursuant to Section 6(3)(b) of the PDI Act to make submissions to the Minister on the Minister’s proposed course of action.

3.1. Environment and Food Production Areas – Greater Adelaide

3.11.1 The power pursuant to Section 7(5)(b) of the Planning, Development and Infrastructure Act 2016 (the PDI Act), in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to concur in the granting of the development authorisation to the development.

4.2. Functions

4.12.1 The power pursuant to Section 22(4)(a)(i) of the PDI Act to, if an inquiry is conducted by the Commission under Section 22(1)(e) of the PDI Act make submissions or representations.

5.3. Planning Agreements

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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY

5.13.1 The power pursuant to Section 35(1)(a) of the PDI Act and subject to Section 35 of the PDI Act to enter into an agreement (a planning agreement) with the Minister relating to a specified area of the State subject to Section 35 of the PDI Act.

5.23.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:

5.2.13.2.1 the setting of objectives, priorities and targets for the area covered by the agreement; and

5.2.23.2.2 the constitution of a joint planning board including, in relation to such a board:

5.2.2.13.2.2.1 the membership of the board, being between 3 and 7 members (inclusive); and

5.2.2.23.2.2.2 subject to Section 35(4) of the PDI Act, the criteria for membership; and

5.2.2.33.2.2.3 the procedures to be followed with respect to the appointment of members; and

5.2.2.43.2.2.4 the terms of office of members; and

5.2.2.53.2.2.5 conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and

5.2.2.63.2.2.6 the appointment of deputy members; and

5.2.2.73.2.2.7 the procedures of the board; and

5.2.33.2.3 the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and

5.2.43.2.4 the staffing and other support issues associated with the operations of the joint planning board; and

5.2.53.2.5 financial and resource issues associated with the operations of the joint planning board, including:

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Attachment 14.1.2 Page 40 | 215 - 3 -

5.2.5.13.2.5.1 the formulation and implementation of budgets; and

5.2.5.23.2.5.2 the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and

5.2.63.2.6 such other matters as the delegate thinks fit.

5.33.3 The power pursuant to Section 35(5)(a) of the PDI Act, at the expiry of a planning agreement, to replace it with a new agreement (in the same or different terms).

5.43.4 The power pursuant to Section 35(5)(b) of the PDI Act, to vary or terminate a planning agreement by agreement between the parties to the agreement.

6. Appointment of Administrator

6.1 The power pursuant to Section 41(2)(a) of the PDI Act to make submissions to the Minister on the Minister appointing an administrator under Section 41 of the PDI Act.

7.4. Community Engagement Charter

7.14.1 The power pursuant to Section 44(6)(a) of the PDI Act, to make submissions in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 of the PDI Act that is relevant to the Council (unless the proposal has been initiated by the Council).

7.24.2 The power pursuant to Section 44(9)(b) of the PDI Act to the extent that Section 44(9)(a) of the PDI Act does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.

7.34.3 The power pursuant to Section 44(10) of the PDI Act to:

7.3.14.3.1 seek the approval of the Commission to adopt an alternative way to achieving compliance with a requirement of the charter; and

7.3.24.3.2 with the approval of the Commission, adopt an alternative way to achieving compliance with a requirement of the charter.

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Attachment 14.1.2 Page 41 | 215 - 4 -

8.5. Preparation and Amendment of Charter

8.15.1 The power pursuant to Section 45(2)(c) of the PDI Act to make representations (including in writing or via the SA planning portal) on a proposal to prepare or amend the charter.

9.6. Preparation and Amendment

9.1 The power pursuant to Section 73(2)(b)(iv) of the PDI Act to:

9.1.1 seek the approval of the Minister to initiate a proposal to amend a designated instrument; and

9.1.2 initiate a proposal to amend a designated instrument with the approval of the Minister acting on the advice of the Commission.

9.26.1 The power pursuant to Section 73(6) of the PDI Act where the Council is authorised or approved under Section 73 of the PDI Act, after all of the requirements of Section 73 of the PDI Act have been satisfied:

9.2.16.1.1 to prepare a draft of the relevant proposal; and

9.2.26.1.2 to comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and

9.2.36.1.3 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board – consult with the joint planning board; and

9.2.46.1.4 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally) – to take reasonable steps to give:

9.2.4.16.1.4.1 an owner or occupier of the land; and

9.2.4.26.1.4.2 an owner or occupier of each piece of adjacent land,

a notice in accordance with the regulations; and

9.2.56.1.5 to consult with any person or body specified by the Commission and any other person or body as the delegate thinks fit;

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Attachment 14.1.2 Page 42 | 215 - 5 -

and

9.2.66.1.6 to carry out such investigations and obtain such information specified by the Commission; and

9.2.76.1.7 to comply with any requirement prescribed by the regulations.

9.3 The power pursuant to Section 73(7) of the PDI Act, after complying with Section 73(6) of the PDI Act, to prepare a report in accordance with any practice direction that applies for the purposes of Section 73 of the PDI Act (including information about any change to the original proposal that the delegate considers should be made) and furnish a copy of the report to the Minister.

9.46.2 The power pursuant to Section 73(8) of the PDI Act, after the Council has furnished a report to the Minister under Section 73(7) of the PDI Act, to ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of Section 73 of the PDI Act.

9.56.3 The power pursuant to Section 73(9) of the PDI Act to enter into an agreement with a person for the recovery of costs incurred by the Council in relation to an amendment of the Planning and Design Code or a design standard under Section 73 of the PDI Act (subject to the requirement to charge costs under Section 73(4)(b) of the PDI Act (if relevant)).

10.7. Parliamentary Scrutiny

10.17.1 The power pursuant to Section 74(8)(c) of the PDI Act if the ERD Committee is proposing to suggest an amendment under Section 74(4) of the PDI Act and the amendment is specifically relevant to the Council, to provide a comment and response within the period of 2 weeks.

11.8. Complying Changes – Planning and Design Code

11.1 The power pursuant to Section 75(1) of the PDI Act to submit to the Minister a proposal to agree to an amendment to the Planning and Design Code under Section 75 of the PDI Act if:

11.1.1 the amendment comprises a change to:

11.1.1.1 the boundary of a zone or subzone; or

11.1.1.2 the application of an overlay; and

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Attachment 14.1.2 Page 43 | 215 - 6 -

11.1.2 the amendment is consistent with a recommendation in the relevant regional plan that, through the use of:

11.1.2.1 specific maps or other spatial information; and

11.1.2.2 specific information about the changes that are being proposed,

clearly and specifically identifies (in the opinion of the Minister) the changes that are considered to be appropriate.

11.28.1 The power pursuant to Section 75(3) of the PDI Act to effect an amendment under Section 75 of the PDI Act by an instrument deposited on the SA Planning database (in accordance with requirements established by the Chief Executive).

12.9. Entities Constituting Relevant Authorities

12.19.1 The power pursuant to Section 82(d) of the PDI Act, subject to the PDI Act, to appoint an assessment panel.

13.10. Panels Established by Joint Planning Boards or Councils

13.110.1 The power pursuant to Section 83(1) of the PDI Act in relation to an assessment panel appointed by the Council under Division 1 of Part 6 of the PDI Act, to:

13.1.110.1.1 appoint more than 1 assessment panel and if the delegate does so, to clearly specify which class of development each assessment panel is to assess;

13.1.210.1.2 determine:

13.1.2.110.1.2.1 the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a Council, and, if the delegate thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and

13.1.2.210.1.2.2 the procedures to be followed with respect to the appointment of members; and

13.1.2.310.1.2.3 the terms of office of members; and

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Attachment 14.1.2 Page 44 | 215 - 7 -

13.1.2.410.1.2.4 conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and

13.1.2.510.1.2.5 the appointment of deputy members; and

13.1.2.610.1.2.6 who will act as the presiding member of the panel and the process for appointing an acting presiding member.

13.210.2 The power pursuant to Section 83(1)(h) of the PDI Act to arrange the staffing and support required for the purposes of the operations of the panel.

13.310.3 The power pursuant to Section 83(1)(i) of the PDI Act to substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under Section 86 of the PDI Act.

13.410.4 The power pursuant to Section 83(2) of the PDI Act to form the opinion and be satisfied that a person to be appointed as a member of an assessment panel who is a member, or former member, of a Council is appropriately qualified to act as a member of the assessment panel on account of the person’s experience in local government.

14. Panels Established by Minister

14.1 The power pursuant to Section 84(1)(c)(ii)(A) of the PDI Act to request the Minister to constitute a regional assessment panel in relation to the combined areas of the Council and one or more other Councils.

14.2 The power pursuant to Section 84(1)(c)(ii)(B) of the PDI Act to make submissions to the Minister about the constitution of a regional assessment panel in relation to the area of the Council and one or more other Councils (or parts of such areas).

15.11. Substitution of Local Panels

15.111.1 The power pursuant to Section 86(2)(a) of the PDI Act to make submissions to the Commission in relation to an inquiry.

16.12. Notification of Acting

16.112.1 The power pursuant to Section 89(b) of the PDI Act to require an accredited professional to provide such information or documentation as the delegate FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

Attachment 14.1.2 Page 45 | 215 - 8 -

may require.

17. Relevant Authority - Commission

17.1 The power pursuant to Section 94(1)(g) of the PDI Act to make a request to the Minister that the Minister declare, by notice served on the proponent, that the Minister desires the Commission to act as the relevant authority in relation to the proposed development.

18.13. Matters Against which Development Must be Assessed

18.113.1 The power pursuant to Section 102(1)(c)(iv) of the PDI Act in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) where land is to be vested in the Council, to consent to the vesting.

18.213.2 The power pursuant to Section 102(1)(d)(iv) of the PDI Act in relation to a proposed division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 where land is to be vested in the Council, to consent to the vesting.

18.313.3 The power pursuant to Section 102(11)(b) of the PDI Act to impose a reasonable charge on account of an encroachment over land under the care, control and management of the Council when the relevant development is undertaken.

19.14. Restricted Development

19.114.1 The power pursuant to Section 110(2)(b) of the PDI Act to, in accordance with the regulations and within a period prescribed by the regulations, make representations to the Commission in relation to the granting or refusal of planning consent.

19.214.2 The power pursuant to Section 110(c)(ii) of the PDI Act to appear personally or by representative before the Commission to be heard in support of the Council’s representation.

19.314.3 The power pursuant to Section 110(7) of the PDI Act to appeal against a decision on a development classified as restricted development.

20.15. Level of Detail

20.115.1 The power pursuant to Section 112(b) of the PDI Act to express views in relation to the level of detail required in relation to an EIS.

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21. EIS Process

21.1 The power pursuant to Section 113(5)(a)(iii) of the PDI Act to comment and report within the time prescribed by the regulations on an EIS referred to the Council by the Minister.

22. Amendment of EIS

22.1 The power pursuant to Section 114(2)(b) of the PDI Act to make written submissions on the amendment to the Minister.

23.16. Essential Infrastructure – Alternative Assessment Process

23.116.1 The power pursuant to Section 130(6) of the PDI Act to report to the Commission on any matters contained in a notice under Section 130(5) of the PDI Act.

23.216.2 The power pursuant to Section 130(14) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 130(5) of the PDI Act, expressed opposition to the proposed development in its report under Section 130(6) of the PDI Act, withdraw the Council’s opposition.

24.17. Development Assessment – Crown Development

24.117.1 The power pursuant to Section 131(7) of the PDI Act to report to the Commission on any matters contained in a notice under Section 131(6) of the PDI Act.

24.217.2 The power pursuant to Section 131(15) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 131(6) of the PDI Act expressed opposition to the proposed development in its report under Section 131(7) of the PDI Act, withdraw the Council’s opposition.

25.18. Land Division Certificate

25.118.1 The power pursuant to Section 138(1) of the PDI Act to enter into a binding agreement supported by adequate security and if the regulations so require in a form prescribed by the regulations.

25.218.2 The power pursuant to Section 138(2) of the PDI Act to furnish the Commission with appropriate information as to compliance with a particular condition and to comply with any requirement prescribed by the regulations.

26.19. Action if Development Not Completed

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26.119.1 The power pursuant to Section 141(1) of the PDI Act, if:

26.1.119.1.1 an approval is granted under the PDI Act; but

26.1.219.1.2 -

26.1.2.119.1.2.1 the development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or

26.1.2.219.1.2.2 in the case of a development that is envisaged to be undertaken in stages - the development is not undertaken or substantially completed in the manner or within the period contemplated by the approval,

to apply to the Court for an order under Section 141 of the PDI Act.

26.1.319.1.3 The power pursuant to Section 141(5) of the PDI Act, if the Court makes an order under Section 141(3)(a), (b) or (d) of the PDI Act and a person fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and to recover the costs of that work, as a debt from the person.

26.1.419.1.4 The power pursuant to Section 141(6) of the PDI Act, if an amount is recoverable from a person by the Council under Section 141(5) of the PDI Act:

26.1.4.119.1.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

27.20. Completion of Work

27.120.1 The power pursuant to Section 142(1) of the PDI Act, if:

27.1.120.1.1 an approval is granted under the PDI Act; but

27.1.220.1.2 the development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,

to, by notice in writing, require the owner of the relevant land to complete the

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development within a period specified in the notice.

27.220.2 The power pursuant to Section 142(2) of the PDI Act, if an owner fails to carry out work as required by a notice under Section 142(1) of the PDI Act, to cause the necessary work to be carried out.

27.320.3 The power pursuant to Section 142(3) of the PDI Act to recover as a debt due from the owner, the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 142 of the PDI Act.

27.420.4 The power pursuant to Section 142(4) of the PDI Act, if an amount is recoverable from a person by the Council under Section 142 of the PDI Act:

27.4.120.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

28.21. Notification During Building

28.121.1 The power pursuant to Section 146(3) of the PDI Act to, subject to Section 146(4) of the PDI Act, direct a person who is carrying out building work to stop building work when a mandatory notification stage has been reached pending an inspection by an authorised officer who holds prescribed qualifications.

29.22. Classification of Buildings

29.122.1 The power pursuant to Section 151(2) of the PDI Act to assign to a building erected in the Council’s area a classification that conforms with the regulations.

29.222.2 The power pursuant to Section 151(3) of the PDI Act, if the Council assigns a classification under Section 151 of the PDI Act, to give notice in writing to the owner of the building to which the classification has been assigned, of the classification assigned to the building.

30.23. Certificates of Occupancy

30.123.1 The power pursuant to Section 152(2) of the PDI Act to issue a certificate of occupancy.

30.223.2 The power pursuant to Section 152(3)(a) of the PDI Act to require an application for a certificate of occupancy to include any information required by the delegate.

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30.323.3 The power pursuant to Section 152(3)(c) of the PDI Act to determine the appropriate fee.

30.423.4 The power pursuant to Section 152(5) of the PDI Act to consider any report supplied under Section 152(4) of the PDI Act before deciding the application.

30.523.5 The power pursuant to Section 152(6) of the PDI Act to issue the certificate if the delegate is satisfied (in accordance with procedures set out in the regulations and on the basis of information provided or obtained under Section 152 of the PDI Act) that the relevant building is suitable for occupation and complies with such requirements as may be prescribed by the regulations for the purposes of Section 152(6) of the PDI Act.

30.623.6 The power pursuant to Section 152(10) of the PDI Act, if the Council refuses an application to notify the applicant in writing of:

30.6.123.6.1 the refusal; and

30.6.223.6.2 the reasons for the refusal; and

30.6.323.6.3 the applicant’s right of appeal under the PDI Act.

30.723.7 The power pursuant to Section 152(12) of the PDI Act to issue a certificate of occupancy that applies to the whole or part of a building.

30.823.8 The power pursuant to Section 152(13) of the PDI Act to, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances.

31.24. Temporary Occupation

31.124.1 The power pursuant to Section 153(1) of the PDI Act to grant an approval to a person to occupy a building on a temporary basis without a certificate of occupancy.

31.224.2 The power pursuant to Section 153(2) of the PDI Act to grant an approval under Section 153(1) of the PDI Act on such conditions (if any) as the delegate thinks fit to impose.

31.324.3 The power pursuant to Section 153(3) of the PDI Act if the Council refuses an application to notify the applicant in writing of:

31.3.124.3.1 the refusal; and

31.3.224.3.2 the reasons for the refusal; and

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31.3.324.3.3 the applicant’s right of appeal under the PDI Act.

32.25. Emergency Orders

32.125.1 The power pursuant to Section 155(5) of the PDI Act, if an owner fails to carry out work as required by an emergency order, to cause the necessary work to be carried out.

32.225.2 The power pursuant to Section 155(6) of the PDI Act to recover as a debt due from the owner the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 155 of the PDI Act.

32.325.3 The power pursuant to Section 155(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 155 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

33.26. Fire Safety

33.126.1 The power pursuant to Section 157(16) of the PDI Act to establish a body and designate it as an appropriate authority under Section 157 of the PDI Act.

33.226.2 The power pursuant to Section 157(17) of the PDI Act to:

33.2.126.2.1 appoint to the appropriate authority:

33.2.1.126.2.1.1 a person who holds prescribed qualifications in building surveying; and

33.2.1.226.2.1.2 an authorised officer under Part 3 Division 5 or Section 86 of the Fire and Emergency Services Act 2005 who has been approved by the Chief Officer of the relevant fire authority to participate as a member of the appropriate authority; and

33.2.1.326.2.1.3 a person with expertise in the area of fire safety; and

33.2.1.426.2.1.4 if so determined by the delegate, a person selected by the delegate;

33.2.226.2.2 specify a term of office of a member of the appropriate authority (other than a member under Section 157(17)(a)(ii) of the

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PDI Act;

33.2.326.2.3 remove a member of the appropriate authority from office for any reasonable cause;

33.2.426.2.4 appoint deputy members;

33.2.526.2.5 determine the appropriate authority’s procedures (including as to quorum).

34. Initiation of Scheme

34.1 The power pursuant to Section 163(3)(b) of the PDI Act to request the Minister initiate a proposal to proceed under Section 163 of the PDI Act.

34.2 The power pursuant to Section 163(10) of the PDI Act to make submissions to the Minister in relation to the draft outline.

35. Initiation of Scheme

35.1 The power pursuant to Section 164(3) of the PDI Act to request the Minister initiate a proposal to proceed under Section 164 of the PDI Act.

35.2 The power pursuant to Section 164(12) of the PDI Act to make submissions to the Minister in relation to the draft outline.

36.27. Consideration of Proposed Scheme

36.127.1 The power pursuant to Section 166(1)(c) of the PDI Act to consult with a scheme coordinator in relation to a scheme in accordance with the Community Engagement Charter.

37. Adoption of Scheme

37.1 The power pursuant to Section 167(7) of the PDI Act to make submissions to the Minister in relation to a variation to an outline of a scheme.

38.28. Funding Arrangements

38.128.1 The power pursuant to Section 169(2)(b) of the PDI Act in relation to a scheme that provides for the collection of contributions under Subdivision 8 of the PDI Act to apply for any matter to be considered or determined by ESCOSA or some other prescribed person or body as part of a periodic review of the levels and amounts of those contributions.

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to the Commission in relation to a funding arrangement that is specifically relevant to the Council.

39. Contributions by Constituent Councils

39.1 The power pursuant to Section 177(4) of the PDI Act to make submissions to the Minister in relation to the Council’s share.

39.2 The power pursuant to Section 177(5) of the PDI Act to, at the request of the Minister, supply the Minister with information in the possession of the Council to enable the Minister to determine shares under Sections 177(2) and (3) of the PDI Act.

40.29. Imposition of Charge by Councils

40.129.1 The power pursuant to Section 180(7) of the PDI Act, if the Council incurs costs in recovering a charge as a debt, to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under subdivision 9, Division 1, Part 13 of the PDI Act.

41.30. Authorised Works

41.130.1 The power pursuant to Section 187(1) of the PDI Act, subject to Section 187(3) of the PDI Act, to carry out any infrastructure works if the Council is authorised to so do by or under the PDI Act or any other Act.

41.230.2 The power pursuant to Section 187(5) of the PDI Act, subject to Section 187(6) of the PDI Act, to in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road to:

41.2.130.2.1 inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and

41.2.230.2.2 give the relevant road maintenance authority a reasonable opportunity to consult with the Council in relation to the matter; and

41.2.330.2.3 ensure that proper consideration is given to the views of the road maintenance authority.

41.330.3 The power pursuant to Section 187(5)(b) of the PDI Act to make submissions to the designated entity in relation to the matter.

41.430.4 The power pursuant to Section 187(6) of the PDI Act, in a case of emergency, to only comply with Section 187(5) of the PDI Act to such extent

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as is practicable in the circumstances.

42.31. Entry onto Land

42.131.1 The power pursuant to Section 188(1) of the PDI Act to authorise a person for the purpose of undertaking any work or activity in connection with the exercise of a power under Division 2 of Part 13 of the PDI Act to:

42.1.131.1.1 enter and pass over any land; and

42.1.231.1.2 bring onto any land any vehicles, plant or equipment; and

42.1.331.1.3 temporarily occupy land; and

42.1.431.1.4 do anything else reasonably required in connection with the exercise of the power.

42.231.2 The power pursuant to Section 188(4) of the PDI Act to pay reasonable compensation on account of any loss or damage caused by the exercise of a power under Section 188(1) of the PDI Act.

43. Acquisition of Land

43.1 The power pursuant to Section 189(1) of the PDI Act, to:

43.1.1 seek the consent of the Minister to acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969; and

43.1.2 with the consent of the Minister, acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969.

44.32. Land Management Agreements

44.132.1 The power pursuant to Section 192(1) of the PDI Act to enter into an agreement relating to the development, management, preservation or conservation of land with the owner of the land or a designated entity.

44.232.2 The power pursuant to Section 192(2) of the PDI Act to enter into an agreement relating to the management, preservation or conservation of the land with a greenway authority.

44.332.3 The power pursuant to Section 192(4) of the PDI Act in considering whether to enter into an agreement under Section 192 of the PDI Act which relates to the development of land and, if such an agreement is to be entered into, in FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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considering the terms of the agreement, to have regard to:

44.3.132.3.1 the provisions of the Planning and Design Code and to any relevant development authorisation under the PDI Act; and

44.3.232.3.2 the principle that the entering into of an agreement under Section 192 of the PDI Act by the Council should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under the PDI Act.

44.432.4 The power pursuant to Section 192(5) of the PDI Act to register agreements entered into under Section 192 of the PDI Act in accordance with the regulations.

44.532.5 The power pursuant to Section 192(8) of the PDI Act to carry out on private land any work for which provision is made by agreement under Section 192 of the PDI Act.

44.632.6 The power pursuant to Section 192(9) of the PDI Act to include in an agreement under Section 192 of the PDI Act an indemnity from a specified form of liability or right of action, a waiver or exclusion of a specified form of liability or right of action, an acknowledgment of liability, or a disclaimer, on the part of a party to the agreement.

44.732.7 The power pursuant to Section 192(10) of the PDI Act to express a provision under Section 192(9) of the PDI Act as extending to, or being for the benefit of, a person or body who or which is not a party to the agreement.

44.832.8 The power pursuant to Section 192(11) of the PDI Act to consent to the owner of land entering into an agreement under Section 192 of the PDI Act where the Council has a legal interest in the land.

44.932.9 The power pursuant to Section 192(12) of the PDI Act to apply to the Registrar-General, to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

44.1032.10 The power pursuant to Section 192(15) of the PDI Act to apply to the Registrar-General in relation to an agreement to which a note has been made under Section 192 of the PDI Act that has been rescinded or amended, to enter a note of the recission or amendment against the instrument of title, or against the land.

44.1132.11 The power pursuant to Section 192(16) of the PDI Act to provide in an agreement under Section 192 of the PDI Act for remission of rates or taxes

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on the land.

44.12 The power pursuant to Section 192(17) of the PDI Act to seek the Minister’s consent to providing in an agreement under Section 192 of the PDI Act entered into by the Council for the remission of rates or taxes payable to the Crown.

44.1332.12 The power pursuant to Section 192(17) of the PDI Act to consent to an agreement entered into by the Minister under Section 192 of the PDI Act, providing for the remission of rates or taxes payable to the Council.

44.1432.13 The power pursuant to Section 192(18) of the PDI Act to take into account the existence of an agreement under Section 192 of the PDI Act when assessing an application for a development authorisation under the PDI Act.

45.33. Land Management Agreements – Development Applications

45.133.1 The power pursuant to Section 193(1) of the PDI Act to, subject to Section 193 of the PDI Act, enter into an agreement under Section 193 of the PDI Act with a person who is applying for a development authorisation under the PDI Act that will, in the event that the relevant development is approved, bind:

45.1.133.1.1 the person; and

45.1.233.1.2 any other person who has the benefit of the development authorisation; and

45.1.333.1.3 the owner of the relevant land (if he or she is not within the ambit of Sections 193(a) or (b) of the PDI Act and if the other requirements of Section 193 of the PDI Act are satisfied).

45.233.2 The power pursuant to Section 193(2) of the PDI Act to enter into an agreement under Section 193 of the PDI Act in relation to any matter that the delegate agrees is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under the PDI Act).

45.333.3 The power pursuant to Section 193(3) of the PDI Act to have regard to:

45.3.133.3.1 the provisions of the Planning and Design Code; and

45.3.233.3.2 the principle that the entering into of an agreement under Section 193 of the PDI Act by the Council should not be used as a substitute to proceeding with an amendment to the Planning and

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Design Code under the PDI Act.

45.433.4 The power pursuant to Section 193(5) of the PDI Act to register agreements entered into under Section 193 of the PDI Act in accordance with the regulations.

45.533.5 The power pursuant to Section 193(10) of the PDI Act to consent to an application to note the agreement against the relevant instrument of title or the land.

45.633.6 The power pursuant to Section 193(11) of the PDI Act to consent to an owner of land entering into an agreement or giving a consent under Section 192(10) of the PDI Act where the Council has a legal interest in the land.

45.733.7 The power pursuant to Section 193(13) of the PDI Act to apply to the Registrar-General to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

45.833.8 The power pursuant to Section 193(15) of the PDI Act to apply to the Registrar-General in relation to an agreement under Section 193 that has been rescinded or amended, to enter a note of the rescission or amendment against the instrument of title, or against the land.

45.933.9 The power pursuant to Section 193(16) of the PDI Act, if an agreement under Section 193 of the PDI Act does not have effect under Section 193 of the PDI Act within the period prescribed by the regulations, to by notice given in accordance with the regulations, lapse the relevant development approval.

46.34. Off-setting Contributions

46.1 The power pursuant to Section 197(1)(b) of the PDI Act to seek the approval of the Minister to act under Section 197 of the PDI Act.

46.234.1 The power pursuant to Section 197(2) of the PDI Act to establish a scheme under Section 197 of the PDI Act that is designed to support or facilitate:

46.2.134.1.1 development that may be in the public interest or otherwise considered by the delegate as being appropriate in particular circumstances (including by the provision of facilities at a different site); or

46.2.234.1.2 planning or development initiatives that will further the objects of the PDI Act or support the principles that relate to the planning system established by the PDI Act; or

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46.2.334.1.3 any other initiative or policy:

46.2.3.134.1.3.1 designated by the Planning and Design Code for the purposes of Section 197(2)(c)(i) of the PDI Act;

46.2.3.234.1.3.2 prescribed by the regulations for the purposes of Section 197(2)(c)(ii) of the PDI Act.

46.334.2 The power pursuant to Section 197(3) of the PDI Act to include in a scheme established under Section 197 of the PDI Act:

46.3.134.2.1 an ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under the PDI Act):

46.3.1.134.2.1.1 to make a contribution to a fund established as part of the scheme; or

46.3.1.234.2.1.2 to undertake work or to achieve some other goal or outcome (on an ‘in kind’ basis); or

46.3.1.334.2.1.3 to proceed under a combination of Sections 197(3)(a)(i) and (ii) of the PDI Act,

in order to provide for or address a particular matter identified by the scheme; and

46.3.234.2.2 an ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and

46.3.334.2.3 an ability for any relevant authority to act under or in connection with Sections 197(3)(a) or (b) of the PDI Act.

46.434.3 The power pursuant to Section 197(4)(b) of the PDI Act to apply the fund towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister.

46.534.4 The power pursuant to Section 197(4)(c) of the PDI Act to invest money that is not immediately required for the purposes of the fund in accordance with provisions included in the scheme.

46.6 The power pursuant to Section 197(7) of the PDI Act to:

46.6.1 seek the approval of the Minister to vary or wind up a scheme under Section 197 of the PDI Act; and

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46.6.2 to vary or wind up a scheme under Section 197 of the PDI Act with the approval of the Minister.

47.35. Open Space Contribution Scheme

47.135.1 The power pursuant to Section 198(1) of the PDI Act, where an application for a development authorisation provides for the division of land in the Council’s area into more than 20 allotments, and 1 or more allotments is less than 1 hectare in area to require:

47.1.135.1.1 that up to 12.5% in area of the relevant area be vested in the Council to be held as open space; or

47.1.235.1.2 that the applicant make the contribution prescribed by the regulations in accordance with the requirements of Section 198 of the PDI Act; or

47.1.335.1.3 that land be vested in the Council under Section 198(1)(c) of the PDI Act and that the applicant make a contribution determined in accordance with Section 198(8) of the PDI Act,

according to the determination and specification of the delegate, and to have regard to any relevant provision of the Planning and Design Code that designates land as open space and to seek the concurrence of the Commission to taking any action that is at variance with the Planning and Design Code.

47.235.2 The power pursuant to Section 198(3) of the PDI Act to enter into an agreement referred to in Section 198(2)(d) of the PDI Act.

47.335.3 The power pursuant to Section 198(4)(a) of the PDI Act to concur with an area being vested in the Council.

47.435.4 The power pursuant to Section 198(11) of the PDI Act in relation to money received under Section 198 of the PDI Act to immediately pay it into a fund established for the purposes of Section 198 of the PDI Act and apply it for the purpose of acquiring or developing land as open space.

47.535.5 The power pursuant to Section 198(12) of the PDI Act to form the opinion that the division of land is being undertaken in stages.

48.36. Urban Trees Fund

48.1 The power pursuant to Section 200(1) of the PDI Act to,

48.1.1 seek the approval of the Minister to establish a fund (an urban trees FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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fund) for an area designated by the delegate; and

48.1.2 to, with the approval of the Minister establish a fund (an urban trees fund) for an area designed by the delegate (a designated area).

48.236.1 The power pursuant to Section 200(2) of the PDI Act to effect the establishing of the fund by notice published in the Gazette.

48.336.2 The power pursuant to Section 200(3) of the PDI Act to define a designated area by reference to an area established by the Planning and Design Code.

48.436.3 The power pursuant to Section 200(5) of the PDI Act to invest any money in an urban trees fund that is not immediately required for the purpose of the fund and to pay any resultant income into the fund.

48.536.4 The power pursuant to Section 200(6) of the PDI Act to apply money standing to the credit of an urban trees fund:

48.5.136.4.1 to maintain or plant trees in the designated area which are or will (when fully grown) constitute significant trees under the PDI Act; or

48.5.236.4.2 to purchase land within the designated area in order to maintain or plant trees which are or will (when fully grown) constitute significant trees under the PDI Act.

48.636.5 The power pursuant to Section 200(7) of the PDI Act if, the Council subsequently sells land purchased under Section 200(6)(b) of the PDI Act, to pay the proceeds of sale into an urban trees fund maintained by the Council under Section 200 of the PDI Act, subject to the qualifications in Sections 200(7)(a) and (b).

49.37. Appointment of Authorised Officers

49.137.1 The power pursuant to Section 210(1) of the PDI Act to:

49.1.137.1.1 appoint a person to be an authorised officer for the purposes of the PDI Act; and

49.1.237.1.2 appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of the PDI Act if the Council is required to do so by the regulations.

49.237.2 The power pursuant to Section 210(2) of the PDI Act to make an appointment of an authorised officer subject to conditions.

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49.337.3 The power pursuant to Section 210(3) of the PDI Act to issue each authorised officer an identity card:

49.3.137.3.1 containing a photograph of the authorised officer; and

49.3.237.3.2 stating any conditions of appointment limiting the authorised officer's appointment.

49.437.4 The power pursuant to Section 210(5) of the PDI Act to, at any time, revoke an appointment which the Council has made, or vary or revoke a condition of such an appointment or impose a further such condition.

50.38. Enforcement Notices

50.138.1 The power pursuant to Section 213(1) of the PDI Act, if the delegate has reason to believe on reasonable grounds that a person has breached the PDI Act or the repealed Act, to do such of the following as the delegate considers necessary or appropriate in the circumstances:

50.1.138.1.1 direct a person to refrain, either for a specified period or until further notice, from the PDI Act, or course of action, that constitutes the breach;

50.1.238.1.2 direct a person to make good any breach in a manner, and within a period, specified by the delegate;

50.1.338.1.3 take such urgent action as is required because of any situation resulting from the breach.

50.238.2 The power pursuant to Section 213(2) of the PDI Act to give a direction under Section 213(1) of the PDI Act by notice in writing unless the delegate considers that the direction is urgently required.

50.338.3 The power pursuant to Section 213(5) of the PDI Act, if a person fails to comply with a direction under Section 213(1)(b) of the PDI Act within the time specified in the notice, to cause the necessary action to be taken.

50.438.4 The power pursuant to Section 213(6) of the PDI Act to recover the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 213 of the PDI Act, as a debt due from the person whose failure gave rise to the PDI Action

50.538.5 The power pursuant to Section 213(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 213 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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person.

51.39. Applications to Court

51.139.1 The power pursuant to Section 214(1) of the PDI Act to apply to the Court for an order to remedy or restrain a breach of the PDI Act or the repealed Act.

51.239.2 The power pursuant to Section 214(2) of the PDI Act to consent to proceedings under Section 214 of the PDI Act being brought in a representative capacity on behalf of the Council.

51.339.3 The power pursuant to Section 214(4) of the PDI Act to make an application without notice to any person and to make an application to the Court to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under Section 214 of the PDI Act.

51.439.4 The power pursuant to Section 214(6) of the PDI Act to make submissions to the Court on the subject matter of the proceedings.

51.539.5 The power pursuant to Section 214(9) of the PDI Act to appear before a final order is made and be heard in proceedings based on the application.

51.639.6 The power pursuant to Section 214(10) of the PDI Act to make an application to the Court to make an interim order under Section 214 of the PDI Act.

51.739.7 The power pursuant to Section 214(11) of the PDI Act to make an application for an interim order without notice to any person.

51.839.8 The power pursuant to Section 214(12) of the PDI Act, if the Court makes an order under Section 214(6)(d) of the PDI Act and the respondent fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and recover the costs of that work, as a debt, from the respondent

51.939.9 The power pursuant to Section 214(13) of the PDI Act, if an amount is recoverable from a person by the Council under Section 214(12) of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

51.1039.10 The power pursuant to Section 214(17) of the PDI Act to apply to the Court to vary or revoke an order previously made under Section 214 of the PDI Act.

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52.40. Proceedings for Offences

52.140.1 The power pursuant to Section 219(1) of the PDI Act to commence proceedings for an offence against the PDI Act.

53.41. Adverse Publicity Orders

53.141.1 The power pursuant to Section 223(2) of the PDI Act to make an application to the Court for an adverse publicity order.

53.241.2 The power pursuant to Section 223(4) of the PDI Act, if the offender fails to give evidence to the Council in accordance with Section 224(1)(b) of the PDI Act to:

53.2.141.2.1 take the PDI Action or actions specified in the order; and

53.2.241.2.2 authorise a person in writing to take the PDI Action or actions specified in the order.

53.341.3 The power pursuant to Section 223(5) of the PDI Act, if:

53.3.141.3.1 the offender gives evidence to the Council in accordance with Section 223(1)(b) of the PDI Act; and

53.3.241.3.2 despite the evidence, the delegate is not satisfied that the offender has taken the PDI Action or actions specified in the order in accordance with the order,

to apply to the court for an order authorising the Council, or a person authorised in writing by the Council, to take the PDI Action or actions and to authorise a person in writing to take the PDI Action or actions.

53.441.4 The power pursuant to Section 223(6) of the PDI Act, if the Council, or a person authorised in writing by the Council, takes an action or actions in accordance with Section 223(4) of the PDI Act or an order under Section 223(5) of the PDI Act, to recover from the offender an amount in relation to the reasonable expenses of taking the PDI Action or actions, as a debt, due to the Council.

54.42. Civil Penalties

54.142.1 The power pursuant to Section 225(1) of the PDI Act, subject to Section 225 of the PDI Act, if the delegate is satisfied that a person has committed an offence by contravening a provision of the PDI Act, to, as an alternative to criminal proceedings, recover, by negotiation or by application to the Court,

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an amount as a civil penalty in respect of the contravention.

54.242.2 The power pursuant to Section 225(2) of the PDI Act, in respect of a contravention where the relevant offence does not require proof of intention or some other state of mind, to determine whether to initiate proceedings for an offence or take action under Section 225 of the PDI Act, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.

54.342.3 The power pursuant to Section 225(3) of the PDI Act to serve on the person a notice in the prescribed form advising the person that the person may, by written notice to the Council, elect to be prosecuted for the contravention.

54.442.4 The power pursuant to Section 225(13) of the PDI Act to seek the authorisation of the Attorney-General to the commencement of proceedings for an order under Section 225 of the PDI Act.

54.542.5 The power pursuant to Section 225(17) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 225 of the PDI Act.

55.43. Make Good Order

55.143.1 The power pursuant to Section 228(7) of the PDI Act to apply to the Court to vary or revoke an order under Section 228 of the PDI Act.

56.44. Recovery of Economic Benefit

56.144.1 The power pursuant to Section 229(5) of the PDI Act to apply an amount paid to the Council in accordance with an order under Section 229(1) of the PDI Act for the purpose of acquiring or developing land as open space and to hold it in a fund established for the purposes of Section 198 of the PDI Act.

57.45. Enforceable Voluntary Undertakings

57.145.1 The power pursuant to Section 230(1) of the PDI Act to accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of the PDI Act.

57.245.2 The power pursuant to Section 230(4) of the PDI Act if the delegate considers that a person has contravened an undertaking accepted by the Council, to apply to the Court for enforcement of the undertaking.

57.345.3 The power pursuant to Section 230(7) of the PDI Act to agree in writing with

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a person who has made an undertaking to:

57.3.145.3.1 vary the undertaking; or

57.3.245.3.2 withdraw the undertaking.

57.445.4 The power pursuant to Section 230(11) of the PDI Act to accept an undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.

57.545.5 The power pursuant to Section 230(12) of the PDI Act if the delegate accepts an undertaking before the proceedings are finalised, to take all reasonable steps to have the proceedings discontinued as soon as possible.

57.645.6 The power pursuant to Section 230(14) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 230 of the PDI Act.

58.46. Advertisements

58.146.1 The power pursuant to Section 231(1) of the PDI Act, if, in the opinion of the delegate, an advertisement or advertising hoarding:

58.1.146.1.1 disfigures the natural beauty of a locality or otherwise detracts from the amenity of a locality; or

58.1.246.1.2 is contrary to the character desired for a locality under the Planning and Design Code,

to, by notice served in accordance with the regulations on the advertiser or the owner or occupier of the land on which the advertisement or advertising hoarding is situated, whether or not a development authorisation has been granted in respect of the advertisement or advertising hoarding, order that person to remove or obliterate the advertisement or to remove the advertising hoarding (or both) within a period specified in the notice (of at least 28 days from the date of service of the notice).

58.246.2 The power pursuant to Section 231(3) of the PDI Act if a person on whom a notice is served under Section 231(1) of the PDI Act fails to comply with a notice within the time allowed in the notice to enter on the land and take the necessary steps for carrying out the requirements of the notice and to recover the costs of so doing, as a debt, from the person on whom the notice was served.

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59.47. Professional Advice to be Obtained in Relation to Certain Matters

59.147.1 The power pursuant to Section 235(1) of the PDI Act, to, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.

59.247.2 The power pursuant to Section 235(2) of the PDI Act to seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under the PDI Act that is declared by regulation to be a matter on which such advice should be sought.

60.48. Charges on Land

60.148.1 The power pursuant to Section 239(1) of the PDI Act if a charge on land is created under a provision of the PDI Act in favour of the Council, to deliver to the Registrar-General a notice in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.

60.248.2 The power pursuant to Section 239(6) of the PDI Act if a charge in the Council’s favour exists and the amount to which the charge relates is paid, to by notice to the appropriate authority in a form determined by the Registrar- General, apply for the discharge of the charge.

61.49. Registering Authorities to Note Transfer

61.149.1 The power pursuant to Section 240(1) of the PDI Act to apply to the Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, to register or record in an appropriate manner the transfer to the Council of an asset, right or liability by regulation, proclamation or notice under the PDI Act.

62.50. Reporting

62.150.1 The power pursuant to Clause 13(3)(b) of Schedule 2 of the PDI Act to require a report under Clause 13(2) of Schedule 2 of the PDI Act to contain any other information or report required by the delegate.

63.51. Review of Performance

63.1 The power pursuant to Clause 3(3) of Schedule 4 of the PDI Act to explain the Council’s actions, and to make submissions (including, if relevant, an indication of undertakings that the Council is willing to give in order to take

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remedial action), to the Minister.

63.2 The power pursuant to Clause 3(14) of Schedule 4 of the PDI Act to make submissions to the Minister on the report on which the PDI Action to be taken by the Minister under Clause 3(13) of Schedule 4 of the PDI Act is based.

63.3 The power pursuant to Clause 3(15) of Schedule 4 of the PDI Act, if the Minister makes a recommendation to the Council under Clause 3(13)(a) of Schedule 4 of the PDI Act and the Minister subsequently considers that the Council has not, within a reasonable period, taken appropriate action in view of the recommendation, to make submissions to the Minister in relation to the directions of the Minister.

63.451.1 The power pursuant to Clause 3(16) of Schedule 4 of the PDI Act to comply with a direction under Clauses 3(13) or (15) of Schedule 4 of the PDI Act.

64. Planning and Design Code

64.1 The power pursuant to Clause 9(6)(a) of Schedule 8 of the PDI Act to apply to the Minister for approval to commence the process under Section 25 of the repealed Act.

65. General Schemes

65.1 The power pursuant to Clause 30(3) of Schedule 8 of the PDI Act to request the Minister make a declaration under Clause 30(2) of Schedule 8 of the PDI Act in relation to a scheme.

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (TRANSITIONAL PROVISIONS) REGULATIONS 2017

66. Adoption of DPAs

66.1 The power pursuant to Regulation 8(1)(c) of the Planning, Development and Infrastructure (Transitional Provisions) Regulations 2017 (the Transitional Provisions Regulations) to apply to the Minister under Regulation 8 of the Transitional Provisions Regulations in accordance with any requirement determined by the Minister.

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (GENERAL) REGULATIONS 2017

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67.52. Mutual Liability Scheme – Rights of Indemnity

67.152.1 The power pursuant to Regulation 11B(1) of the Planning, Development and Infrastructure (General) Regulations 2019 (the General Regulations) to:

67.1.152.1.1 in being responsible under Section 83(1)(h)(ii) of the PDI Act for the costs and other liabilities associated with the activities of an assessment panel appointed by the Council; and

67.1.252.1.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 84(1)(a) and (i) of the PDI Act,

have arrangements in place to indemnify the members of any such panel in respect of a claim against a member of the panel arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the PDI Act in their role as a member of the panel.

67.252.2 The power pursuant to Regulation 11B(5) of the General Regulations to:

67.2.152.2.1 in being responsible under Section 87(f) of the PDI Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the Council; and

67.2.252.2.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 87(1)(a) and (i) of the PDI Act,

have arrangements in place to indemnify an assessment manager for any such panel in respect of a claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the PDI Act in their role as an assessment manager.

68.53. Performance Assessed Development and Restricted Development

68.153.1 The power pursuant to Regulation 47(4)(d) of the General Regulations to determine the fee payable by the applicant as being appropriate to cover the reasonable costs of placing the notice on the land.

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69.54. Underground Main Areas

69.154.1 The power pursuant to Regulation 78(1) of the General Regulations if the delegate considers an area should be declared an underground mains area to seek a report from the relevant electricity authority in relation to the matter.

69.254.2 The power pursuant to Regulation 78(2) of the General Regulations after having received and considered a report from the electricity authority to declare the area to be an underground mains area.

70.55. Width of Roads and Thoroughfares

70.155.1 The power pursuant to Regulation 81(4) of the General Regulations to dispense with a width prescribed by Regulations 81(1) or (3) of the General Regulations (and specify a different width) if the delegate is of the opinion that the width so prescribed is not necessary for the safe and convenient movement of vehicles or pedestrians, or for underground services.

70.255.2 The power pursuant to Regulation 81(5) of the General Regulations to subject to Regulation 81(6) of the General Regulations specify the width of the road at the head of every cul-de-sac in such dimensions as may be acceptable to the delegate.

70.355.3 The power pursuant to Regulation 81(6) of the General Regulations to dispense with a requirement under Regulation 81(5) of the General Regulations if it appears to the delegate that the cul-de-sac is likely to become a through road.

71.56. Road Widening

71.156.1 The power pursuant to Regulation 82(1) of the PDI Act, subject to Regulation 82(2) of the General Regulations, if an existing road abuts land which is proposed to be divided, to form the view that the road should be widened in order to provide a road of adequate width having regard to existing and future requirements of the area.

72.57. Requirement as to Forming of Roads

72.157.1 The power pursuant to Regulation 83(1) of the General Regulations, subject to Regulation 83(2) of the General Regulations, to specify the width and manner of the formation of the roadway of every proposed road on a plan of division.

72.257.2 The power pursuant to Regulation 83(2) of the General Regulations to form the opinion that it is necessary to specify a width for a roadway to be formed under Regulation 83(1) in excess of 7.4m, in view of the volume or type of FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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traffic that is likely to traverse that road.

72.357.3 The power pursuant to Regulation 83(4) of the General Regulations, to dispense with the requirements under Regulation 83(3) of the General Regulations, if the delegate is of the opinion that the cul-de-sac is likely to become a through road.

72.457.4 The power pursuant to Regulation 83(5) of the General Regulations, subject to Regulation 83(6) of the General Regulations to require every footpath, water-table, kerbing, culvert and drain of every proposed road to be formed in a manner satisfactory to the delegate.

72.557.5 The power pursuant to Regulation 83(6) of the General Regulations, to dispense with a requirement under Regulation 83(5) of the General Regulations.

73.58. Construction of Roads, Bridges, Drains and Services

73.158.1 The power pursuant to Regulation 84(1) of the General Regulations to require the roadway of every proposed road within the relevant division to be constructed and paved and sealed with bitumen, tar or asphalt or other material approved by the delegate.

74.59. Supplementary Provisions

74.159.1 The power pursuant to Regulation 85(1) of the General Regulations to approve the road location and grading plan for the manner of forming any proposed road, footpath, water-table, kerbing, culvert or drain required under Division 6 of the General Regulations.

74.259.2 The power pursuant to Regulation 85(2) of the General Regulations, subject to Regulation 85(4) of the General Regulations, to require all work referred to in Regulations 83 and 84 of the General Regulations to be carried out in a manner satisfactory to the delegate and in conformity with detailed construction plans and specifications signed by a professional engineer or, at the discretion of the delegate, a licensed surveyor, and approved by the delegate before the commencement of the work.

74.359.3 The power pursuant to Regulation 85(4) of the General Regulations to form the opinion that all connections for water supply and sewerage services to any allotment delineated on the plan which, in the opinion of the Chief Executive of the South Australian Water Corporation are necessary and need to be laid under the surface of the proposed road, have been made.

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75.60. General Provisions

75.160.1 The power pursuant to Regulation 89(1) of the General Regulations to form the opinion that another form of arrangement is satisfactory for the purposes of Section 138(1) of the PDI Act.

75.260.2 The power pursuant to Regulation 89(3) of the General Regulations to provide a certificate which:

75.2.160.2.1 evidences the consent of the Council to an encroachment by a building over other land; and

75.2.260.2.2 sets out:

75.2.2.160.2.2.1 the date on which any relevant building was erected (if known); and

75.2.2.260.2.2.2 the postal address of the site.

75.360.3 The power pursuant to Regulation 89(6)(b) of the General Regulations to request a written copy of the certificate and plan (or certificates and plans) referred to in Regulation 89(3) of the General Regulations.

76.61. Notifications During Building Work

76.161.1 The power pursuant to Regulation 93(1)(b) of the General Regulations to specify by notice to the building owner and to the licensed building work contractor responsible for carrying out the relevant building work (if any), when development approval is granted in respect of the work, any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of the PDI Act relate.

76.261.2 The power pursuant to Regulation 93(1)(c) of the General Regulations to specify by notice in writing to the building owner on the granting of development approval in respect of the work any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of the PDI Act relate.

77.62. Essential Safety Provisions

77.162.1 The power pursuant to Regulation 94(13) of the General Regulations to require compliance with Regulation 94(10) of the General Regulations if:

77.1.162.1.1 the essential safety provisions were installed

77.1.1.162.1.1.1 under a condition attached to a consent or FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code; or

77.1.1.262.1.1.2 as part of a performance solution under the Building Code; or

77.1.262.1.2 the building has been the subject of a notice under Section 157 of the PDI Act.

78.63. Classification of Buildings

78.163.1 The power pursuant to Regulation 102(3) of the General Regulations to require an application under Regulation 102(1) or (2) of the General Regulations to be accompanied by:

78.1.163.1.1 such details, particulars, plans, drawings, specifications, certificates and other documents as the delegate may reasonably require to determine the building's classification.

78.263.2 The power pursuant to Regulation 102(4) of the General Regulations, to subject to Regulation 102(5) of the General Regulations, assign the appropriate classification under the Building Code to a building if the delegate is satisfied, on the basis of the owner's application, and accompanying documentation, that the building, in respect of the classification applied for, possesses the attributes appropriate to its present or intended use.

78.363.3 The power pursuant to Regulation 102(5) of the General Regulations, if an application under Regulation 102 of the General Regulations is made in respect of an existing Class 2 to Class 9 building, to require the applicant to satisfy the delegate that the provisions of any relevant Ministerial building standard relating to upgrading health and safety in existing buildings has been complied with (to the extent reasonably applicable to the building and its present or intended use).

78.463.4 The power pursuant to Regulation 102(6) of the General Regulations, on assigning a classification to a building (or part of a building) to, if relevant, determine and specify in the notice to the owner under Section 151(3) of the PDI Act:

78.4.163.4.1 the maximum number of persons who may occupy the building (or part of the building); and

78.4.263.4.2 if the building has more than 1 classification—the part or parts of the building to which each classification relates and the

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classifications currently assigned to the other parts of the building.

79.64. Certificates of Occupancy

79.164.1 The power pursuant to Regulation 103(2) of the General Regulations to, require the following documentation:

79.1.164.1.1 if the development has been approved subject to conditions, such evidence as the delegate may reasonably require to show that the conditions have been satisfied;

79.1.264.1.2 if the application relates to the construction or alteration of part of a building and further building work is envisaged in respect of the remainder of the building, such evidence as the delegate may reasonably require to show:

79.1.2.164.1.2.1 in the case of a building more than 1 storey - that the requirements of any relevant Ministerial building standard have been complied with; or

79.1.2.264.1.2.2 in any other case - that the building is suitable for occupation.

79.264.2 The power pursuant to Regulation 103(3) of the General Regulations, to, other than in relation to a designated building on which building work involving the use of a designated building product is carried out after 12 March 2018, dispense with the requirement to provide a Statement of Compliance under Regulation 103(2)(a) of the General Regulations if:

79.2.164.2.1 the delegate is satisfied that a person required to complete 1 or both parts of the statement has refused or failed to complete that part and that the person seeking the issuing of the certificate of occupancy has taken reasonable steps to obtain the relevant certification or certifications; and

79.2.264.2.2 it appears to the delegate, after undertaking an inspection, that the relevant building is suitable for occupation.

79.364.3 The power pursuant to Regulation 103(4) of the General Regulations if:

79.3.164.3.1 a building is:

79.3.1.164.3.1.1 to be equipped with a booster assembly for use by a fire authority; or

79.3.1.264.3.1.2 to have installed a fire alarm that transmits a FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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signal to a fire station or to a monitoring service approved by the relevant authority; and

79.3.264.3.2 facilities for fire detection, fire fighting or the control of smoke must be installed in the building pursuant to an approval under the PDI Act,

to not grant a certificate of occupancy unless or until the delegate has sought a report from the fire authority as to whether those facilities have been installed and operate satisfactorily and to seek such a report from the fire authority.

79.464.4 The power pursuant to Regulation 103(5) of the General Regulations if a report is not received from the fire authority within 15 business days, to presume that the fire authority does not desire to make a report.

79.564.5 The power pursuant to Regulation 103(6) of the General Regulations to have regard to any report received from a fire authority under Regulation 103(4) of the General Regulations before the delegate issues a certificate of occupancy.

79.664.6 The power pursuant to Regulation 103(6a) of the General Regulations, on receipt of a notification of intended completion of building work under Regulation 93(1)(f) of the General Regulations, to determine that building work will be inspected by an authorised officer.

79.764.7 The power pursuant to Regulation 103(9) of the General Regulations to revoke a certificate of occupancy:

79.7.164.7.1 if:

79.7.1.164.7.1.1 there is a change in the use of the building; or

79.7.1.264.7.1.2 the classification of the building changes; or

79.7.1.364.7.1.3 building work involving an alteration or extension to the building that will increase the floor area of the building by more than 300m2 is about to commence, or is being or has been carried out; or

79.7.1.464.7.1.4 the building is about to undergo, or is undergoing or has undergone, major refurbishment,

and the delegate considers that in the circumstances the certificate should be revoked and a new certificate sought; or

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79.7.264.7.2 if the delegate considers that the building is no longer suitable for occupation because of building work undertaken, or being undertaken, on the building, or because of some other circumstance; or

79.7.364.7.3 if a schedule of essential safety provisions has been issued in relation to the building and the owner of the building has failed to comply with the requirements of Regulation 94(10) of the General Regulations; or

79.7.464.7.4 if the delegate considers:

79.7.4.164.7.4.1 that a condition attached to a relevant development authorisation has not been met, or has been contravened, and that, in the circumstances, the certificate should be revoked; or

79.7.4.264.7.4.2 that a condition attached to the certificate of occupancy has not been met, or has been contravened, or is no longer appropriate.

80.65. Mining Production Tenements

80.165.1 The power pursuant to Regulation 109(1)(b) of the General Regulations to make submissions to the appropriate Authority and object to the granting of the tenement.

81.66. Register of Land Management Agreements (Section 193)

81.166.1 The power pursuant to Regulation 111(2) of the General Regulations to establish a register of agreements entered into by the Council under Section 193 of the PDI Act.

81.266.2 The power pursuant to Regulation 111(3) of the General Regulations to include in a register, or provide access to a copy of each agreement entered into by the Council under Section 193 of the PDI Act and such other information the delegate considers appropriate.

82.67. Authorised Officers and Inspections

82.167.1 The power pursuant to Regulation 112(1) of the General Regulations to appoint at least 1 authorised officer under Section 210(1)(b) of the PDI Act:

82.1.167.1.1 who is an accredited professional who is:

82.1.1.167.1.1.1 an Accredited professional - building level 1; FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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82.1.1.267.1.1.2 an Accredited professional - building level 2; or

82.1.1.367.1.1.3 an Accredited professional - building level 3; or

82.1.1.467.1.1.4 an Accredited professional - building level 4; or

82.1.267.1.2 who holds a current accreditation recognised by the Chief Executive for the purposes of this Regulation; or

82.1.367.1.3 who holds an approval from the Chief Executive.

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (FEES, CHARGES AND CONTRIBUTIONS) REGULATIONS 2019

83.68. Calculation of Assessment of Fees

83.168.1 The power pursuant to Regulation 5(1) of the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 (the Fees Regulations) in relation to an application which is duly lodged under a related set of regulations (including via the SA planning portal):

83.1.168.1.1 to require the applicant to provide such information as the delegate may reasonably require to calculate any fee payable under the Fees Regulations or a related set of regulations; and

83.1.268.1.2 to make any other determination for the purposes of the Fees Regulations or a related set of regulations (even if the Council is not a relevant authority).

83.268.2 The power pursuant to Regulation 5(2) of the Fees Regulations, if the delegate acting under Regulation 5(1) of the Fees Regulations, believes that any information provided by an applicant is incomplete or inaccurate, to calculate any fee on the basis of estimates made by the delegate.

83.368.3 The power pursuant to Regulation 5(3) of the Fees Regulations to at any time, and despite an earlier calculation or acceptance of an amount in respect of the fee, reassess a fee payable under the Fees Regulations or a related set of Regulations.

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84.69. Waiver or Refund of Fee

84.169.1 The power pursuant to Regulation 7 of the Fees Regulations to, as the delegate considers appropriate to do so:

84.1.169.1.1 waive the payment of the fee, or the payment of part of the fee; or

84.1.269.1.2 refund the whole or a part of the fee.

STATE PLANNING COMMISSION PRACTICE DIRECTION – 2 PREPARATION AND AMENDMENT OF DESIGNATED INSTRUMENTS

85.70. Requirements in Relation to Preparing an Engagement Plan

85.170.1 The power pursuant to clause 5(1) of the State Planning Commission Practice Direction – 2 Preparation and Amendment of Designated Instruments (PD2), to prepare a community engagement plan that:

85.1.170.1.1 meets the principles and performance outcomes of the Charter;

85.1.270.1.2 describes the persons or bodies to be consulted;

85.1.370.1.3 outlines any relevant previous engagement undertaken to inform the proposal;

85.1.470.1.4 describes the evaluation framework for the engagement.

85.270.2 The power pursuant to clause 5(2) of PD2 to submit the community engagement plan to the Commission for approval with the exception of an amendment to the Code and a Design Standard.

86.71. Requirements in Relation to Preparing an Engagement Report Following Consultation

86.1 The power pursuant to clause 6(1) of PD2, at the completion of engagement on a draft of a proposal to prepare or amend a designated instrument to provide an engagement report to the Minister.

86.271.1 The power pursuant to clause 6(2) of PD2 to set out in the report:

86.2.171.1.1 details of the engagement undertaken and how that engagement met the agreed community engagement plan, and FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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reasons for variations, if any to that plan;

86.2.271.1.2 the outcome of the engagement including a summary of the feedback made;

86.2.371.1.3 the response to the details of, and reasons for, changes to the proposal to prepare or amend a designated instrument when compared to the proposal that was engaged on, and to specifically indicate:

86.2.3.171.1.3.1 where changes are proposed to the designated instrument based on the engagement; and

86.2.3.271.1.3.2 any other changes proposed based on additional investigations or information not available when the proposal was released for engagement.

86.371.2 The power pursuant to clause 6(3) of PD2 to, in the engagement report also include an evaluation of the effectiveness of the engagement that considers whether:

86.3.171.2.1 the principles of the Charter have been achieved; and

86.3.271.2.2 all mandatory requirements identified in the Charter have been met where the consultation category is applicable.

87.72. Requirements in Relation to Initiating a Code Amendment Pursuant to Section 73 of the Act

87.172.1 The power pursuant to clause 7(1) of PD 2 to provide a proposal to the Commission to initiate a code amendment that sets out:

87.1.172.1.1 Scope - an explanation of the reasons for the preparation of the amendment and a description of the changes in circumstance leading the need for the amendment and the range of issues to be addressed in the amendment;

87.1.272.1.2 Code Modules - an outline of any overlay, general policy, zone or subzones being considered for amendment and/or the intended spatial application of an overlay, general policy, zone or subzone over an identified area, or draft instructions for the proposed amendments;

87.1.372.1.3 Area Affected - A map or description of the area affected by the proposed amendment;

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87.1.472.1.4 State Planning Policies - an identification of the relevant key state planning policies and a statement of assessment of the amendment’s consistency with those policies;

87.1.572.1.5 Regional Plans - An indication of how the matters or issues proposed to be addressed by the amendment will relate to the relevant regional plan and any relevant infrastructure planning;

87.1.672.1.6 Infrastructure Provision -

87.1.6.172.1.6.1 an explanation of any infrastructure provision that is required and how the infrastructure provision will be provided; and

87.1.6.272.1.6.2 an indication whether it is likely that an infrastructure agreement or agreements will need to be entered into in connection with the code amendment process, identifying the tools that will be used for this process;

87.1.772.1.7 Joint Planning Board Comments - that the Council has discussed the proposal with the relevant Regional Planning Board;

87.1.872.1.8 Consultation – information regarding any other consultation that has occurred;

87.1.972.1.9 in relation to designating a place as a place of local heritage value or a heritage area - a heritage review prepared by a heritage architect or historian or similar occupation in accordance with the Commission’s guidelines prepared under Section 67(2)(c) of the PDI Act;

87.1.1072.1.10 in relation to designating a tree a significant tree - an assessment of the tree against the criteria under Section 68(1)(a) of the PDI Act;

87.1.1172.1.11 in relation to designating a stand of trees to be significant trees – an assessment of the trees against the criteria under Section 68(1)(b) of the PDI Act.

87.272.2 The power pursuant to clause 7(2) of PD2 to, in addition, provide:

87.2.172.2.1 Timetable - an outline of the proposed timetable for each step of the process (ensuring that the process is completed within reasonable time limits), and a commitment on the part of the Council that it will take steps to update this timetable if it appears at any FXD\M00290402F06338688M00256275F05922934.DOC 1 January 2020

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stage that the Council will require an extension;

87.2.272.2.2 Investigations - an outline of the investigations and justifications that will be undertaken (and those that may have already been undertaken) and the form that those investigations will take in order to address the strategic and social, economic and environmental issues of the proposed amendment, or an explanation and summary of the investigations undertaken and how these support the amendment.

88.73. Requirements in Relation to Preparation of the Draft Proposal Prior to Consultation and Decision

88.173.1 The power pursuant to clause 8(1) of PD 2 to, prior to consultation, provide to the Department:

88.1.173.1.1 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;

88.1.273.1.2 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council;

88.1.373.1.3 in relation to heritage lists a local heritage data sheet and a significant trees data sheet.

88.273.2 The power pursuant to clause 8(2) of PD2, if amendments are proposed to the consultation versions, to provide to the Department:

88.2.173.2.1 instruction to write the amendments to the Code Policy;

88.2.273.2.2 amendments to the maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

89.74. Requirements in Relation to Preparation of the Draft Proposal for Consultation

89.174.1 The power pursuant to clause 9(1) of PD2 to, for engagement purposes, support a code amendment by the following information:

89.1.174.1.1 an explanation about why and how the Code is proposed to be amended;

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provisions of State Planning Policies and the relevant regional plan;

89.1.374.1.3 if any amendment is not fully consistent with the State Planning Policies or the region plan, to so specifically identify that and include an explanation setting out the reason or reasons for the inconsistency;

89.1.474.1.4 an explanation and summary of the investigations undertaken and how these support the amendment;

89.1.574.1.5 an explanation of any infrastructure provision that is required and how the infrastructure will be provided.

90.75. Requirements in Relation to Complying Changes Under Section 75

90.175.1 The power pursuant to clause 11(1) of PD2, in relation to a proposal to agree to a complying change, to provide the following information to the department:

90.1.175.1.1 a reference to the documentation and recommendation in relation to the proposed amendment in the relevant regional plan;

90.1.275.1.2 a summary of the consultation in accordance with the Charter that has occurred in relation to the proposal including reference to the Engagement Report prepared for the regional plan and any additional consultation that has occurred;

90.1.375.1.3 instructions that set out the intent of the proposed policy amendment for the purposes of the department writing the draft Code Policy for the Council;

90.1.475.1.4 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

91.76. Requirements in Relation to Early Commencement Under Section 78

91.176.1 The power pursuant to clause 12(1) of PD2, in relation to a request for a code amendment to come into operation without delay, to provide to the department:

91.1.176.1.1 an explanation about how early commencement is required to counter applications for undesirable development (development that would detract from, negate the object of the amendment) during consultation and consideration of the code amendment;

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91.1.276.1.2 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;

91.1.376.1.3 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

STATE PLANNING COMMISSION PRACTICE DIRECTION – 3 (NOTIFICATION OF PERFORMANCE ASSESSED DEVELOPMENT APPLICATIONS) 2019

92.77. Responsibility to Undertake Notification

92.177.1 The power pursuant to clause 6(3)(b) of the State Planning Commission Practice Direction – 3 (Notification of Performance Assessed Development Applications) 2019 (PD3) to determine the relevant fee as being appropriate to cover the relevant authority’s reasonable costs in giving public notice of the application under Section 107(3)(a)(i) of the PDI Act.

STATE PLANNING COMMISSION PRACTICE DIRECTION (COUNCIL INSPECTIONS) 2020 93.78. Mandatory Inspections

93.178.1 The power pursuant to clause 2(2) of Part 2 of the State Planning Commission Practice Direction (Council Inspections) 2020 (PD9) to, in carrying out an inspection under PD9, take all reasonable steps to ensure each inspection includes an inspection and assessment of the following elements (elements), as may be present at the time of inspection:

93.1.178.1.1 primary structural elements;

93.1.278.1.2 structural framing and roof trusses;

93.1.378.1.3 wet areas and waterproofing;

93.1.478.1.4 barriers to prevent falls;

93.1.578.1.5 cladding;

93.1.678.1.6 egress provisions;

93.1.778.1.7 bushfire protection systems;

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93.1.878.1.8 passive and active fire safety elements;

93.1.978.1.9 private bushfire shelters; and

93.1.1078.1.10 performance solutions.

94.79. Additional Inspections

94.179.1 The power pursuant to clause 3(2) of Part 2 of PD9 to consider carrying out an inspection in addition to any specified in clause 2 of Part 2 of PD9 (additional inspections) if the delegate has information to indicate that the circumstances warrant it, having regard to the objects of PD9.

95.80. Inspections Generally

95.180.1 The power pursuant to clause 4(3) of Part 2 of PD9, in relation to building work listed in Schedule 7 of the General Regulations to consider if an additional inspection may be appropriate.

96.81. General Requirements

96.181.1 The power pursuant to clause 1(2) of Part 3 of PD9 to ensure that an inspection under PD9 and subsequent assessment of each of the applicable elements in clause 2(2) of Part 2 of PD9 is carried out by a person who has the appropriate qualifications, skills, knowledge and experience to carry out an inspection assigned to that officer under PD9.

STATE PLANNING COMMISSION PRACTICE DIRECTION 10 (STAGED OCCUPATION OF MULTI-STOREY BUILDINGS) 2020

97.82. Conditions that Must be Met for the Staged Occupation of a Partially Completed Building

97.182.1 The power pursuant to clause 5(2) of the State Planning Commission Practice Direction 10 (Staged Occupation of Multi-Storey Buildings 2020 (PD10) to, agree to partial occupancy of a partially completed multistorey building.

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Attachment 14.1.2 Page 83 | 215 SCHEDULE OF CONDITIONS

CONDITIONS OR LIMITATIONS APPLICABLE TO DELEGATIONS CONTAINED IN THIS INSTRUMENT

[Instructions for use: any conditions or limitations which apply to delegations under this Act should be inserted here – DELETE this note once conditions/limitations are entered. If no conditions apply insert ‘NIL’]

Paragraph(s) in instrument to which conditions/limitations Conditions / Limitations apply

Nil Nil

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Attachment 14.1.2 Page 84 | 215 INSTRUMENT A

NOTES

1. Conditions or Limitations: conditions or limitations may apply to the delegations contained in this Instrument. Refer to the Schedule of Conditions at the back of this document.

2. Refer to the relevant Council resolution(s) to identify when these delegations were made, reviewed and or amended.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

1. Environment and Food Production Areas – Greater Adelaide

1.1 The power pursuant to Section 7(5)(b) of the Planning, Development and Infrastructure Act 2016 (the PDI Act), in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to concur in the granting of the development authorisation to the development.

2. Functions

2.1 The power pursuant to Section 22(4)(a)(i) of the PDI Act to, if an inquiry is conducted by the Commission under Section 22(1)(e) of the PDI Act make submissions or representations.

3. Planning Agreements

3.1 The power pursuant to Section 35(1)(a) of the PDI Act and subject to Section 35 of the PDI Act to enter into an agreement (a planning agreement) with the Minister relating to a specified area of the State subject to Section 35 of the PDI Act.

3.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes of the agreement and the outcomes that the agreement is intended to achieve and to provide for:

3.2.1 the setting of objectives, priorities and targets for the area covered

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by the agreement; and

3.2.2 the constitution of a joint planning board including, in relation to such a board:

3.2.2.1 the membership of the board, being between 3 and 7 members (inclusive); and

3.2.2.2 subject to Section 35(4) of the PDI Act, the criteria for membership; and

3.2.2.3 the procedures to be followed with respect to the appointment of members; and

3.2.2.4 the terms of office of members; and

3.2.2.5 conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and

3.2.2.6 the appointment of deputy members; and

3.2.2.7 the procedures of the board; and

3.2.3 the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and

3.2.4 the staffing and other support issues associated with the operations of the joint planning board; and

3.2.5 financial and resource issues associated with the operations of the joint planning board, including:

3.2.5.1 the formulation and implementation of budgets; and

3.2.5.2 the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and

3.2.6 such other matters as the delegate thinks fit.

3.3 The power pursuant to Section 35(5)(a) of the PDI Act, at the expiry of a planning agreement, to replace it with a new agreement (in the same or

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different terms).

3.4 The power pursuant to Section 35(5)(b) of the PDI Act, to vary or terminate a planning agreement by agreement between the parties to the agreement.

4. Community Engagement Charter

4.1 The power pursuant to Section 44(6)(a) of the PDI Act, to make submissions in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 of the PDI Act that is relevant to the Council (unless the proposal has been initiated by the Council).

4.2 The power pursuant to Section 44(9)(b) of the PDI Act to the extent that Section 44(9)(a) of the PDI Act does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.

4.3 The power pursuant to Section 44(10) of the PDI Act to:

4.3.1 seek the approval of the Commission to adopt an alternative way to achieving compliance with a requirement of the charter; and

4.3.2 with the approval of the Commission, adopt an alternative way to achieving compliance with a requirement of the charter.

5. Preparation and Amendment of Charter

5.1 The power pursuant to Section 45(2)(c) of the PDI Act to make representations (including in writing or via the SA planning portal) on a proposal to prepare or amend the charter.

6. Preparation and Amendment

6.1 The power pursuant to Section 73(6) of the PDI Act where the Council is authorised or approved under Section 73 of the PDI Act, after all of the requirements of Section 73 of the PDI Act have been satisfied:

6.1.1 to prepare a draft of the relevant proposal; and

6.1.2 to comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and

6.1.3 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to a regional plan that has been prepared by a joint planning board where the amendment is not being proposed by the joint planning board – ECM 698899 30 October 2020

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consult with the joint planning board; and

6.1.4 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally) – to take reasonable steps to give:

6.1.4.1 an owner or occupier of the land; and

6.1.4.2 an owner or occupier of each piece of adjacent land,

a notice in accordance with the regulations; and

6.1.5 to consult with any person or body specified by the Commission and any other person or body as the delegate thinks fit; and

6.1.6 to carry out such investigations and obtain such information specified by the Commission; and

6.1.7 to comply with any requirement prescribed by the regulations.

6.2 The power pursuant to Section 73(8) of the PDI Act, after the Council has furnished a report to the Minister under Section 73(7) of the PDI Act, to ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of Section 73 of the PDI Act.

6.3 The power pursuant to Section 73(9) of the PDI Act to enter into an agreement with a person for the recovery of costs incurred by the Council in relation to an amendment of the Planning and Design Code or a design standard under Section 73 of the PDI Act (subject to the requirement to charge costs under Section 73(4)(b) of the PDI Act (if relevant)).

7. Parliamentary Scrutiny

7.1 The power pursuant to Section 74(8)(c) of the PDI Act if the ERD Committee is proposing to suggest an amendment under Section 74(4) of the PDI Act and the amendment is specifically relevant to the Council, to provide a comment and response within the period of 2 weeks.

8. Complying Changes – Planning and Design Code

8.1 The power pursuant to Section 75(3) of the PDI Act to effect an amendment under Section 75 of the PDI Act by an instrument deposited on the SA Planning database (in accordance with requirements established by the Chief ECM 698899 30 October 2020

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Executive).

9. Entities Constituting Relevant Authorities

9.1 The power pursuant to Section 82(d) of the PDI Act, subject to the PDI Act, to appoint an assessment panel.

10. Panels Established by Joint Planning Boards or Councils

10.1 The power pursuant to Section 83(1) of the PDI Act in relation to an assessment panel appointed by the Council under Division 1 of Part 6 of the PDI Act, to:

10.1.1 appoint more than 1 assessment panel and if the delegate does so, to clearly specify which class of development each assessment panel is to assess;

10.1.2 determine:

10.1.2.1 the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a Council, and, if the delegate thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and

10.1.2.2 the procedures to be followed with respect to the appointment of members; and

10.1.2.3 the terms of office of members; and

10.1.2.4 conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and

10.1.2.5 the appointment of deputy members; and

10.1.2.6 who will act as the presiding member of the panel and the process for appointing an acting presiding member.

10.2 The power pursuant to Section 83(1)(h) of the PDI Act to arrange the staffing and support required for the purposes of the operations of the panel.

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10.3 The power pursuant to Section 83(1)(i) of the PDI Act to substitute the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under Section 86 of the PDI Act.

10.4 The power pursuant to Section 83(2) of the PDI Act to form the opinion and be satisfied that a person to be appointed as a member of an assessment panel who is a member, or former member, of a Council is appropriately qualified to act as a member of the assessment panel on account of the person’s experience in local government.

11. Substitution of Local Panels

11.1 The power pursuant to Section 86(2)(a) of the PDI Act to make submissions to the Commission in relation to an inquiry.

12. Notification of Acting

12.1 The power pursuant to Section 89(b) of the PDI Act to require an accredited professional to provide such information or documentation as the delegate may require.

13. Matters Against which Development Must be Assessed

13.1 The power pursuant to Section 102(1)(c)(iv) of the PDI Act in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) where land is to be vested in the Council, to consent to the vesting.

13.2 The power pursuant to Section 102(1)(d)(iv) of the PDI Act in relation to a proposed division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 where land is to be vested in the Council, to consent to the vesting.

13.3 The power pursuant to Section 102(11)(b) of the PDI Act to impose a reasonable charge on account of an encroachment over land under the care, control and management of the Council when the relevant development is undertaken.

14. Restricted Development

14.1 The power pursuant to Section 110(2)(b) of the PDI Act to, in accordance with the regulations and within a period prescribed by the regulations, make representations to the Commission in relation to the granting or refusal of planning consent.

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14.2 The power pursuant to Section 110(c)(ii) of the PDI Act to appear personally or by representative before the Commission to be heard in support of the Council’s representation.

14.3 The power pursuant to Section 110(7) of the PDI Act to appeal against a decision on a development classified as restricted development.

15. Level of Detail

15.1 The power pursuant to Section 112(b) of the PDI Act to express views in relation to the level of detail required in relation to an EIS.

16. Essential Infrastructure – Alternative Assessment Process

16.1 The power pursuant to Section 130(6) of the PDI Act to report to the Commission on any matters contained in a notice under Section 130(5) of the PDI Act.

16.2 The power pursuant to Section 130(14) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 130(5) of the PDI Act, expressed opposition to the proposed development in its report under Section 130(6) of the PDI Act, withdraw the Council’s opposition.

17. Development Assessment – Crown Development

17.1 The power pursuant to Section 131(7) of the PDI Act to report to the Commission on any matters contained in a notice under Section 131(6) of the PDI Act.

17.2 The power pursuant to Section 131(15) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 131(6) of the PDI Act expressed opposition to the proposed development in its report under Section 131(7) of the PDI Act, withdraw the Council’s opposition.

18. Land Division Certificate

18.1 The power pursuant to Section 138(1) of the PDI Act to enter into a binding agreement supported by adequate security and if the regulations so require in a form prescribed by the regulations.

18.2 The power pursuant to Section 138(2) of the PDI Act to furnish the Commission with appropriate information as to compliance with a particular condition and to comply with any requirement prescribed by the regulations.

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19. Action if Development Not Completed

19.1 The power pursuant to Section 141(1) of the PDI Act, if:

19.1.1 an approval is granted under the PDI Act; but

19.1.2 -

19.1.2.1 the development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or

19.1.2.2 in the case of a development that is envisaged to be undertaken in stages - the development is not undertaken or substantially completed in the manner or within the period contemplated by the approval,

to apply to the Court for an order under Section 141 of the PDI Act.

19.1.3 The power pursuant to Section 141(5) of the PDI Act, if the Court makes an order under Section 141(3)(a), (b) or (d) of the PDI Act and a person fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and to recover the costs of that work, as a debt from the person.

19.1.4 The power pursuant to Section 141(6) of the PDI Act, if an amount is recoverable from a person by the Council under Section 141(5) of the PDI Act:

19.1.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

20. Completion of Work

20.1 The power pursuant to Section 142(1) of the PDI Act, if:

20.1.1 an approval is granted under the PDI Act; but

20.1.2 the development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,

to, by notice in writing, require the owner of the relevant land to complete the ECM 698899 30 October 2020

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development within a period specified in the notice.

20.2 The power pursuant to Section 142(2) of the PDI Act, if an owner fails to carry out work as required by a notice under Section 142(1) of the PDI Act, to cause the necessary work to be carried out.

20.3 The power pursuant to Section 142(3) of the PDI Act to recover as a debt due from the owner, the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 142 of the PDI Act.

20.4 The power pursuant to Section 142(4) of the PDI Act, if an amount is recoverable from a person by the Council under Section 142 of the PDI Act:

20.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

21. Notification During Building

21.1 The power pursuant to Section 146(3) of the PDI Act to, subject to Section 146(4) of the PDI Act, direct a person who is carrying out building work to stop building work when a mandatory notification stage has been reached pending an inspection by an authorised officer who holds prescribed qualifications.

22. Classification of Buildings

22.1 The power pursuant to Section 151(2) of the PDI Act to assign to a building erected in the Council’s area a classification that conforms with the regulations.

22.2 The power pursuant to Section 151(3) of the PDI Act, if the Council assigns a classification under Section 151 of the PDI Act, to give notice in writing to the owner of the building to which the classification has been assigned, of the classification assigned to the building.

23. Certificates of Occupancy

23.1 The power pursuant to Section 152(2) of the PDI Act to issue a certificate of occupancy.

23.2 The power pursuant to Section 152(3)(a) of the PDI Act to require an application for a certificate of occupancy to include any information required by the delegate.

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23.3 The power pursuant to Section 152(3)(c) of the PDI Act to determine the appropriate fee.

23.4 The power pursuant to Section 152(5) of the PDI Act to consider any report supplied under Section 152(4) of the PDI Act before deciding the application.

23.5 The power pursuant to Section 152(6) of the PDI Act to issue the certificate if the delegate is satisfied (in accordance with procedures set out in the regulations and on the basis of information provided or obtained under Section 152 of the PDI Act) that the relevant building is suitable for occupation and complies with such requirements as may be prescribed by the regulations for the purposes of Section 152(6) of the PDI Act.

23.6 The power pursuant to Section 152(10) of the PDI Act, if the Council refuses an application to notify the applicant in writing of:

23.6.1 the refusal; and

23.6.2 the reasons for the refusal; and

23.6.3 the applicant’s right of appeal under the PDI Act.

23.7 The power pursuant to Section 152(12) of the PDI Act to issue a certificate of occupancy that applies to the whole or part of a building.

23.8 The power pursuant to Section 152(13) of the PDI Act to, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances.

24. Temporary Occupation

24.1 The power pursuant to Section 153(1) of the PDI Act to grant an approval to a person to occupy a building on a temporary basis without a certificate of occupancy.

24.2 The power pursuant to Section 153(2) of the PDI Act to grant an approval under Section 153(1) of the PDI Act on such conditions (if any) as the delegate thinks fit to impose.

24.3 The power pursuant to Section 153(3) of the PDI Act if the Council refuses an application to notify the applicant in writing of:

24.3.1 the refusal; and

24.3.2 the reasons for the refusal; and

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24.3.3 the applicant’s right of appeal under the PDI Act.

25. Emergency Orders

25.1 The power pursuant to Section 155(5) of the PDI Act, if an owner fails to carry out work as required by an emergency order, to cause the necessary work to be carried out.

25.2 The power pursuant to Section 155(6) of the PDI Act to recover as a debt due from the owner the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 155 of the PDI Act.

25.3 The power pursuant to Section 155(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 155 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

26. Fire Safety

26.1 The power pursuant to Section 157(16) of the PDI Act to establish a body and designate it as an appropriate authority under Section 157 of the PDI Act.

26.2 The power pursuant to Section 157(17) of the PDI Act to:

26.2.1 appoint to the appropriate authority:

26.2.1.1 a person who holds prescribed qualifications in building surveying; and

26.2.1.2 an authorised officer under Part 3 Division 5 or Section 86 of the Fire and Emergency Services Act 2005 who has been approved by the Chief Officer of the relevant fire authority to participate as a member of the appropriate authority; and

26.2.1.3 a person with expertise in the area of fire safety; and

26.2.1.4 if so determined by the delegate, a person selected by the delegate;

26.2.2 specify a term of office of a member of the appropriate authority (other than a member under Section 157(17)(a)(ii) of the PDI Act;

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reasonable cause;

26.2.4 appoint deputy members;

26.2.5 determine the appropriate authority’s procedures (including as to quorum).

27. Consideration of Proposed Scheme

27.1 The power pursuant to Section 166(1)(c) of the PDI Act to consult with a scheme coordinator in relation to a scheme in accordance with the Community Engagement Charter.

28. Funding Arrangements

28.1 The power pursuant to Section 169(2)(b) of the PDI Act in relation to a scheme that provides for the collection of contributions under Subdivision 8 of the PDI Act to apply for any matter to be considered or determined by ESCOSA or some other prescribed person or body as part of a periodic review of the levels and amounts of those contributions.

28.2 The power pursuant to Section 169(9) of the PDI Act to make submissions to the Commission in relation to a funding arrangement that is specifically relevant to the Council.

29. Imposition of Charge by Councils

29.1 The power pursuant to Section 180(7) of the PDI Act, if the Council incurs costs in recovering a charge as a debt, to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under subdivision 9, Division 1, Part 13 of the PDI Act.

30. Authorised Works

30.1 The power pursuant to Section 187(1) of the PDI Act, subject to Section 187(3) of the PDI Act, to carry out any infrastructure works if the Council is authorised to so do by or under the PDI Act or any other Act.

30.2 The power pursuant to Section 187(5) of the PDI Act, subject to Section 187(6) of the PDI Act, to in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road to:

30.2.1 inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and

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opportunity to consult with the Council in relation to the matter; and

30.2.3 ensure that proper consideration is given to the views of the road maintenance authority.

30.3 The power pursuant to Section 187(5)(b) of the PDI Act to make submissions to the designated entity in relation to the matter.

30.4 The power pursuant to Section 187(6) of the PDI Act, in a case of emergency, to only comply with Section 187(5) of the PDI Act to such extent as is practicable in the circumstances.

31. Entry onto Land

31.1 The power pursuant to Section 188(1) of the PDI Act to authorise a person for the purpose of undertaking any work or activity in connection with the exercise of a power under Division 2 of Part 13 of the PDI Act to:

31.1.1 enter and pass over any land; and

31.1.2 bring onto any land any vehicles, plant or equipment; and

31.1.3 temporarily occupy land; and

31.1.4 do anything else reasonably required in connection with the exercise of the power.

31.2 The power pursuant to Section 188(4) of the PDI Act to pay reasonable compensation on account of any loss or damage caused by the exercise of a power under Section 188(1) of the PDI Act.

32. Land Management Agreements

32.1 The power pursuant to Section 192(1) of the PDI Act to enter into an agreement relating to the development, management, preservation or conservation of land with the owner of the land or a designated entity.

32.2 The power pursuant to Section 192(2) of the PDI Act to enter into an agreement relating to the management, preservation or conservation of the land with a greenway authority.

32.3 The power pursuant to Section 192(4) of the PDI Act in considering whether to enter into an agreement under Section 192 of the PDI Act which relates to the development of land and, if such an agreement is to be entered into, in considering the terms of the agreement, to have regard to:

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32.3.1 the provisions of the Planning and Design Code and to any relevant development authorisation under the PDI Act; and

32.3.2 the principle that the entering into of an agreement under Section 192 of the PDI Act by the Council should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under the PDI Act.

32.4 The power pursuant to Section 192(5) of the PDI Act to register agreements entered into under Section 192 of the PDI Act in accordance with the regulations.

32.5 The power pursuant to Section 192(8) of the PDI Act to carry out on private land any work for which provision is made by agreement under Section 192 of the PDI Act.

32.6 The power pursuant to Section 192(9) of the PDI Act to include in an agreement under Section 192 of the PDI Act an indemnity from a specified form of liability or right of action, a waiver or exclusion of a specified form of liability or right of action, an acknowledgment of liability, or a disclaimer, on the part of a party to the agreement.

32.7 The power pursuant to Section 192(10) of the PDI Act to express a provision under Section 192(9) of the PDI Act as extending to, or being for the benefit of, a person or body who or which is not a party to the agreement.

32.8 The power pursuant to Section 192(11) of the PDI Act to consent to the owner of land entering into an agreement under Section 192 of the PDI Act where the Council has a legal interest in the land.

32.9 The power pursuant to Section 192(12) of the PDI Act to apply to the Registrar-General, to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

32.10 The power pursuant to Section 192(15) of the PDI Act to apply to the Registrar-General in relation to an agreement to which a note has been made under Section 192 of the PDI Act that has been rescinded or amended, to enter a note of the recission or amendment against the instrument of title, or against the land.

32.11 The power pursuant to Section 192(16) of the PDI Act to provide in an agreement under Section 192 of the PDI Act for remission of rates or taxes on the land.

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agreement entered into by the Minister under Section 192 of the PDI Act, providing for the remission of rates or taxes payable to the Council.

32.13 The power pursuant to Section 192(18) of the PDI Act to take into account the existence of an agreement under Section 192 of the PDI Act when assessing an application for a development authorisation under the PDI Act.

33. Land Management Agreements – Development Applications

33.1 The power pursuant to Section 193(1) of the PDI Act to, subject to Section 193 of the PDI Act, enter into an agreement under Section 193 of the PDI Act with a person who is applying for a development authorisation under the PDI Act that will, in the event that the relevant development is approved, bind:

33.1.1 the person; and

33.1.2 any other person who has the benefit of the development authorisation; and

33.1.3 the owner of the relevant land (if he or she is not within the ambit of Sections 193(a) or (b) of the PDI Act and if the other requirements of Section 193 of the PDI Act are satisfied).

33.2 The power pursuant to Section 193(2) of the PDI Act to enter into an agreement under Section 193 of the PDI Act in relation to any matter that the delegate agrees is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under the PDI Act).

33.3 The power pursuant to Section 193(3) of the PDI Act to have regard to:

33.3.1 the provisions of the Planning and Design Code; and

33.3.2 the principle that the entering into of an agreement under Section 193 of the PDI Act by the Council should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under the PDI Act.

33.4 The power pursuant to Section 193(5) of the PDI Act to register agreements entered into under Section 193 of the PDI Act in accordance with the regulations.

33.5 The power pursuant to Section 193(10) of the PDI Act to consent to an application to note the agreement against the relevant instrument of title or the land.

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33.6 The power pursuant to Section 193(11) of the PDI Act to consent to an owner of land entering into an agreement or giving a consent under Section 192(10) of the PDI Act where the Council has a legal interest in the land.

33.7 The power pursuant to Section 193(13) of the PDI Act to apply to the Registrar-General to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.

33.8 The power pursuant to Section 193(15) of the PDI Act to apply to the Registrar-General in relation to an agreement under Section 193 that has been rescinded or amended, to enter a note of the rescission or amendment against the instrument of title, or against the land.

33.9 The power pursuant to Section 193(16) of the PDI Act, if an agreement under Section 193 of the PDI Act does not have effect under Section 193 of the PDI Act within the period prescribed by the regulations, to by notice given in accordance with the regulations, lapse the relevant development approval.

34. Off-setting Contributions

34.1 The power pursuant to Section 197(2) of the PDI Act to establish a scheme under Section 197 of the PDI Act that is designed to support or facilitate:

34.1.1 development that may be in the public interest or otherwise considered by the delegate as being appropriate in particular circumstances (including by the provision of facilities at a different site); or

34.1.2 planning or development initiatives that will further the objects of the PDI Act or support the principles that relate to the planning system established by the PDI Act; or

34.1.3 any other initiative or policy:

34.1.3.1 designated by the Planning and Design Code for the purposes of Section 197(2)(c)(i) of the PDI Act;

34.1.3.2 prescribed by the regulations for the purposes of Section 197(2)(c)(ii) of the PDI Act.

34.2 The power pursuant to Section 197(3) of the PDI Act to include in a scheme established under Section 197 of the PDI Act:

34.2.1 an ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under the PDI ECM 698899 30 October 2020

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Act):

34.2.1.1 to make a contribution to a fund established as part of the scheme; or

34.2.1.2 to undertake work or to achieve some other goal or outcome (on an ‘in kind’ basis); or

34.2.1.3 to proceed under a combination of Sections 197(3)(a)(i) and (ii) of the PDI Act,

in order to provide for or address a particular matter identified by the scheme; and

34.2.2 an ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and

34.2.3 an ability for any relevant authority to act under or in connection with Sections 197(3)(a) or (b) of the PDI Act.

34.3 The power pursuant to Section 197(4)(b) of the PDI Act to apply the fund towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister.

34.4 The power pursuant to Section 197(4)(c) of the PDI Act to invest money that is not immediately required for the purposes of the fund in accordance with provisions included in the scheme.

35. Open Space Contribution Scheme

35.1 The power pursuant to Section 198(1) of the PDI Act, where an application for a development authorisation provides for the division of land in the Council’s area into more than 20 allotments, and 1 or more allotments is less than 1 hectare in area to require:

35.1.1 that up to 12.5% in area of the relevant area be vested in the Council to be held as open space; or

35.1.2 that the applicant make the contribution prescribed by the regulations in accordance with the requirements of Section 198 of the PDI Act; or

35.1.3 that land be vested in the Council under Section 198(1)(c) of the PDI Act and that the applicant make a contribution determined in accordance with Section 198(8) of the PDI Act,

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35.2 The power pursuant to Section 198(3) of the PDI Act to enter into an agreement referred to in Section 198(2)(d) of the PDI Act.

35.3 The power pursuant to Section 198(4)(a) of the PDI Act to concur with an area being vested in the Council.

35.4 The power pursuant to Section 198(11) of the PDI Act in relation to money received under Section 198 of the PDI Act to immediately pay it into a fund established for the purposes of Section 198 of the PDI Act and apply it for the purpose of acquiring or developing land as open space.

35.5 The power pursuant to Section 198(12) of the PDI Act to form the opinion that the division of land is being undertaken in stages.

36. Urban Trees Fund

36.1 The power pursuant to Section 200(2) of the PDI Act to effect the establishing of the fund by notice published in the Gazette.

36.2 The power pursuant to Section 200(3) of the PDI Act to define a designated area by reference to an area established by the Planning and Design Code.

36.3 The power pursuant to Section 200(5) of the PDI Act to invest any money in an urban trees fund that is not immediately required for the purpose of the fund and to pay any resultant income into the fund.

36.4 The power pursuant to Section 200(6) of the PDI Act to apply money standing to the credit of an urban trees fund:

36.4.1 to maintain or plant trees in the designated area which are or will (when fully grown) constitute significant trees under the PDI Act; or

36.4.2 to purchase land within the designated area in order to maintain or plant trees which are or will (when fully grown) constitute significant trees under the PDI Act.

36.5 The power pursuant to Section 200(7) of the PDI Act if, the Council subsequently sells land purchased under Section 200(6)(b) of the PDI Act, to pay the proceeds of sale into an urban trees fund maintained by the Council under Section 200 of the PDI Act, subject to the qualifications in Sections ECM 698899 30 October 2020

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200(7)(a) and (b).

37. Appointment of Authorised Officers

37.1 The power pursuant to Section 210(1) of the PDI Act to:

37.1.1 appoint a person to be an authorised officer for the purposes of the PDI Act; and

37.1.2 appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of the PDI Act if the Council is required to do so by the regulations.

37.2 The power pursuant to Section 210(2) of the PDI Act to make an appointment of an authorised officer subject to conditions.

37.3 The power pursuant to Section 210(3) of the PDI Act to issue each authorised officer an identity card:

37.3.1 containing a photograph of the authorised officer; and

37.3.2 stating any conditions of appointment limiting the authorised officer's appointment.

37.4 The power pursuant to Section 210(5) of the PDI Act to, at any time, revoke an appointment which the Council has made, or vary or revoke a condition of such an appointment or impose a further such condition.

38. Enforcement Notices

38.1 The power pursuant to Section 213(1) of the PDI Act, if the delegate has reason to believe on reasonable grounds that a person has breached the PDI Act or the repealed Act, to do such of the following as the delegate considers necessary or appropriate in the circumstances:

38.1.1 direct a person to refrain, either for a specified period or until further notice, from the PDI Act, or course of action, that constitutes the breach;

38.1.2 direct a person to make good any breach in a manner, and within a period, specified by the delegate;

38.1.3 take such urgent action as is required because of any situation resulting from the breach.

38.2 The power pursuant to Section 213(2) of the PDI Act to give a direction under ECM 698899 30 October 2020

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Section 213(1) of the PDI Act by notice in writing unless the delegate considers that the direction is urgently required.

38.3 The power pursuant to Section 213(5) of the PDI Act, if a person fails to comply with a direction under Section 213(1)(b) of the PDI Act within the time specified in the notice, to cause the necessary action to be taken.

38.4 The power pursuant to Section 213(6) of the PDI Act to recover the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 213 of the PDI Act, as a debt due from the person whose failure gave rise to the PDI Action

38.5 The power pursuant to Section 213(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 213 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

39. Applications to Court

39.1 The power pursuant to Section 214(1) of the PDI Act to apply to the Court for an order to remedy or restrain a breach of the PDI Act or the repealed Act.

39.2 The power pursuant to Section 214(2) of the PDI Act to consent to proceedings under Section 214 of the PDI Act being brought in a representative capacity on behalf of the Council.

39.3 The power pursuant to Section 214(4) of the PDI Act to make an application without notice to any person and to make an application to the Court to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under Section 214 of the PDI Act.

39.4 The power pursuant to Section 214(6) of the PDI Act to make submissions to the Court on the subject matter of the proceedings.

39.5 The power pursuant to Section 214(9) of the PDI Act to appear before a final order is made and be heard in proceedings based on the application.

39.6 The power pursuant to Section 214(10) of the PDI Act to make an application to the Court to make an interim order under Section 214 of the PDI Act.

39.7 The power pursuant to Section 214(11) of the PDI Act to make an application for an interim order without notice to any person.

39.8 The power pursuant to Section 214(12) of the PDI Act, if the Court makes an order under Section 214(6)(d) of the PDI Act and the respondent fails to ECM 698899 30 October 2020

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comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and recover the costs of that work, as a debt, from the respondent

39.9 The power pursuant to Section 214(13) of the PDI Act, if an amount is recoverable from a person by the Council under Section 214(12) of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

39.10 The power pursuant to Section 214(17) of the PDI Act to apply to the Court to vary or revoke an order previously made under Section 214 of the PDI Act.

40. Proceedings for Offences

40.1 The power pursuant to Section 219(1) of the PDI Act to commence proceedings for an offence against the PDI Act.

41. Adverse Publicity Orders

41.1 The power pursuant to Section 223(2) of the PDI Act to make an application to the Court for an adverse publicity order.

41.2 The power pursuant to Section 223(4) of the PDI Act, if the offender fails to give evidence to the Council in accordance with Section 224(1)(b) of the PDI Act to:

41.2.1 take the PDI Action or actions specified in the order; and

41.2.2 authorise a person in writing to take the PDI Action or actions specified in the order.

41.3 The power pursuant to Section 223(5) of the PDI Act, if:

41.3.1 the offender gives evidence to the Council in accordance with Section 223(1)(b) of the PDI Act; and

41.3.2 despite the evidence, the delegate is not satisfied that the offender has taken the PDI Action or actions specified in the order in accordance with the order,

41.4 The power pursuant to Section 223(6) of the PDI Act, if the Council, or a ECM 698899 30 October 2020

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person authorised in writing by the Council, takes an action or actions in accordance with Section 223(4) of the PDI Act or an order under Section 223(5) of the PDI Act, to recover from the offender an amount in relation to the reasonable expenses of taking the PDI Action or actions, as a debt, due to the Council.

42. Civil Penalties

42.1 The power pursuant to Section 225(1) of the PDI Act, subject to Section 225 of the PDI Act, if the delegate is satisfied that a person has committed an offence by contravening a provision of the PDI Act, to, as an alternative to criminal proceedings, recover, by negotiation or by application to the Court, an amount as a civil penalty in respect of the contravention.

42.2 The power pursuant to Section 225(2) of the PDI Act, in respect of a contravention where the relevant offence does not require proof of intention or some other state of mind, to determine whether to initiate proceedings for an offence or take action under Section 225 of the PDI Act, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.

42.3 The power pursuant to Section 225(3) of the PDI Act to serve on the person a notice in the prescribed form advising the person that the person may, by written notice to the Council, elect to be prosecuted for the contravention.

42.4 The power pursuant to Section 225(13) of the PDI Act to seek the authorisation of the Attorney-General to the commencement of proceedings for an order under Section 225 of the PDI Act.

42.5 The power pursuant to Section 225(17) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 225 of the PDI Act.

43. Make Good Order

43.1 The power pursuant to Section 228(7) of the PDI Act to apply to the Court to vary or revoke an order under Section 228 of the PDI Act.

44. Recovery of Economic Benefit

44.1 The power pursuant to Section 229(5) of the PDI Act to apply an amount paid to the Council in accordance with an order under Section 229(1) of the PDI Act for the purpose of acquiring or developing land as open space and to hold it in a fund established for the purposes of Section 198 of the PDI Act.

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45. Enforceable Voluntary Undertakings

45.1 The power pursuant to Section 230(1) of the PDI Act to accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of the PDI Act.

45.2 The power pursuant to Section 230(4) of the PDI Act if the delegate considers that a person has contravened an undertaking accepted by the Council, to apply to the Court for enforcement of the undertaking.

45.3 The power pursuant to Section 230(7) of the PDI Act to agree in writing with a person who has made an undertaking to:

45.3.1 vary the undertaking; or

45.3.2 withdraw the undertaking.

45.4 The power pursuant to Section 230(11) of the PDI Act to accept an undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.

45.5 The power pursuant to Section 230(12) of the PDI Act if the delegate accepts an undertaking before the proceedings are finalised, to take all reasonable steps to have the proceedings discontinued as soon as possible.

45.6 The power pursuant to Section 230(14) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 230 of the PDI Act.

46. Advertisements

46.1 The power pursuant to Section 231(1) of the PDI Act, if, in the opinion of the delegate, an advertisement or advertising hoarding:

46.1.1 disfigures the natural beauty of a locality or otherwise detracts from the amenity of a locality; or

46.1.2 is contrary to the character desired for a locality under the Planning and Design Code,

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hoarding (or both) within a period specified in the notice (of at least 28 days from the date of service of the notice).

46.2 The power pursuant to Section 231(3) of the PDI Act if a person on whom a notice is served under Section 231(1) of the PDI Act fails to comply with a notice within the time allowed in the notice to enter on the land and take the necessary steps for carrying out the requirements of the notice and to recover the costs of so doing, as a debt, from the person on whom the notice was served.

47. Professional Advice to be Obtained in Relation to Certain Matters

47.1 The power pursuant to Section 235(1) of the PDI Act, to, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.

47.2 The power pursuant to Section 235(2) of the PDI Act to seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under the PDI Act that is declared by regulation to be a matter on which such advice should be sought.

48. Charges on Land

48.1 The power pursuant to Section 239(1) of the PDI Act if a charge on land is created under a provision of the PDI Act in favour of the Council, to deliver to the Registrar-General a notice in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.

48.2 The power pursuant to Section 239(6) of the PDI Act if a charge in the Council’s favour exists and the amount to which the charge relates is paid, to by notice to the appropriate authority in a form determined by the Registrar- General, apply for the discharge of the charge.

49. Registering Authorities to Note Transfer

49.1 The power pursuant to Section 240(1) of the PDI Act to apply to the Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, to register or record in an appropriate manner the transfer to the Council of an asset, right or liability by regulation, proclamation or notice under the PDI Act.

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50. Reporting

50.1 The power pursuant to Clause 13(3)(b) of Schedule 2 of the PDI Act to require a report under Clause 13(2) of Schedule 2 of the PDI Act to contain any other information or report required by the delegate.

51. Review of Performance

51.1 The power pursuant to Clause 3(16) of Schedule 4 of the PDI Act to comply with a direction under Clauses 3(13) or (15) of Schedule 4 of the PDI Act.

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (GENERAL) REGULATIONS 2017

52. Mutual Liability Scheme – Rights of Indemnity

52.1 The power pursuant to Regulation 11B(1) of the Planning, Development and Infrastructure (General) Regulations 2019 (the General Regulations) to:

52.1.1 in being responsible under Section 83(1)(h)(ii) of the PDI Act for the costs and other liabilities associated with the activities of an assessment panel appointed by the Council; and

52.1.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 84(1)(a) and (i) of the PDI Act,

52.2 The power pursuant to Regulation 11B(5) of the General Regulations to:

52.2.1 in being responsible under Section 87(f) of the PDI Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the Council; and

52.2.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 87(1)(a) and (i) of the PDI Act,

have arrangements in place to indemnify an assessment manager for any ECM 698899 30 October 2020

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such panel in respect of a claim against the assessment manager arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the PDI Act in their role as an assessment manager.

53. Performance Assessed Development and Restricted Development

53.1 The power pursuant to Regulation 47(4)(d) of the General Regulations to determine the fee payable by the applicant as being appropriate to cover the reasonable costs of placing the notice on the land.

54. Underground Main Areas

54.1 The power pursuant to Regulation 78(1) of the General Regulations if the delegate considers an area should be declared an underground mains area to seek a report from the relevant electricity authority in relation to the matter.

54.2 The power pursuant to Regulation 78(2) of the General Regulations after having received and considered a report from the electricity authority to declare the area to be an underground mains area.

55. Width of Roads and Thoroughfares

55.1 The power pursuant to Regulation 81(4) of the General Regulations to dispense with a width prescribed by Regulations 81(1) or (3) of the General Regulations (and specify a different width) if the delegate is of the opinion that the width so prescribed is not necessary for the safe and convenient movement of vehicles or pedestrians, or for underground services.

55.2 The power pursuant to Regulation 81(5) of the General Regulations to subject to Regulation 81(6) of the General Regulations specify the width of the road at the head of every cul-de-sac in such dimensions as may be acceptable to the delegate.

55.3 The power pursuant to Regulation 81(6) of the General Regulations to dispense with a requirement under Regulation 81(5) of the General Regulations if it appears to the delegate that the cul-de-sac is likely to become a through road.

56. Road Widening

56.1 The power pursuant to Regulation 82(1) of the PDI Act, subject to Regulation 82(2) of the General Regulations, if an existing road abuts land which is proposed to be divided, to form the view that the road should be widened in order to provide a road of adequate width having regard to existing and future

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requirements of the area.

57. Requirement as to Forming of Roads

57.1 The power pursuant to Regulation 83(1) of the General Regulations, subject to Regulation 83(2) of the General Regulations, to specify the width and manner of the formation of the roadway of every proposed road on a plan of division.

57.2 The power pursuant to Regulation 83(2) of the General Regulations to form the opinion that it is necessary to specify a width for a roadway to be formed under Regulation 83(1) in excess of 7.4m, in view of the volume or type of traffic that is likely to traverse that road.

57.3 The power pursuant to Regulation 83(4) of the General Regulations, to dispense with the requirements under Regulation 83(3) of the General Regulations, if the delegate is of the opinion that the cul-de-sac is likely to become a through road.

57.4 The power pursuant to Regulation 83(5) of the General Regulations, subject to Regulation 83(6) of the General Regulations to require every footpath, water-table, kerbing, culvert and drain of every proposed road to be formed in a manner satisfactory to the delegate.

57.5 The power pursuant to Regulation 83(6) of the General Regulations, to dispense with a requirement under Regulation 83(5) of the General Regulations.

58. Construction of Roads, Bridges, Drains and Services

58.1 The power pursuant to Regulation 84(1) of the General Regulations to require the roadway of every proposed road within the relevant division to be constructed and paved and sealed with bitumen, tar or asphalt or other material approved by the delegate.

59. Supplementary Provisions

59.1 The power pursuant to Regulation 85(1) of the General Regulations to approve the road location and grading plan for the manner of forming any proposed road, footpath, water-table, kerbing, culvert or drain required under Division 6 of the General Regulations.

59.2 The power pursuant to Regulation 85(2) of the General Regulations, subject to Regulation 85(4) of the General Regulations, to require all work referred to in Regulations 83 and 84 of the General Regulations to be carried out in a manner satisfactory to the delegate and in conformity with detailed ECM 698899 30 October 2020

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construction plans and specifications signed by a professional engineer or, at the discretion of the delegate, a licensed surveyor, and approved by the delegate before the commencement of the work.

59.3 The power pursuant to Regulation 85(4) of the General Regulations to form the opinion that all connections for water supply and sewerage services to any allotment delineated on the plan which, in the opinion of the Chief Executive of the South Australian Water Corporation are necessary and need to be laid under the surface of the proposed road, have been made.

60. General Provisions

60.1 The power pursuant to Regulation 89(1) of the General Regulations to form the opinion that another form of arrangement is satisfactory for the purposes of Section 138(1) of the PDI Act.

60.2 The power pursuant to Regulation 89(3) of the General Regulations to provide a certificate which:

60.2.1 evidences the consent of the Council to an encroachment by a building over other land; and

60.2.2 sets out:

60.2.2.1 the date on which any relevant building was erected (if known); and

60.2.2.2 the postal address of the site.

60.3 The power pursuant to Regulation 89(6)(b) of the General Regulations to request a written copy of the certificate and plan (or certificates and plans) referred to in Regulation 89(3) of the General Regulations.

61. Notifications During Building Work

61.1 The power pursuant to Regulation 93(1)(b) of the General Regulations to specify by notice to the building owner and to the licensed building work contractor responsible for carrying out the relevant building work (if any), when development approval is granted in respect of the work, any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of the PDI Act relate.

61.2 The power pursuant to Regulation 93(1)(c) of the General Regulations to specify by notice in writing to the building owner on the granting of development approval in respect of the work any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of ECM 698899 30 October 2020

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the PDI Act relate.

62. Essential Safety Provisions

62.1 The power pursuant to Regulation 94(13) of the General Regulations to require compliance with Regulation 94(10) of the General Regulations if:

62.1.1 the essential safety provisions were installed

62.1.1.1 under a condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code; or

62.1.1.2 as part of a performance solution under the Building Code; or

62.1.2 the building has been the subject of a notice under Section 157 of the PDI Act.

63. Classification of Buildings

63.1 The power pursuant to Regulation 102(3) of the General Regulations to require an application under Regulation 102(1) or (2) of the General Regulations to be accompanied by:

63.1.1 such details, particulars, plans, drawings, specifications, certificates and other documents as the delegate may reasonably require to determine the building's classification.

63.2 The power pursuant to Regulation 102(4) of the General Regulations, to subject to Regulation 102(5) of the General Regulations, assign the appropriate classification under the Building Code to a building if the delegate is satisfied, on the basis of the owner's application, and accompanying documentation, that the building, in respect of the classification applied for, possesses the attributes appropriate to its present or intended use.

63.3 The power pursuant to Regulation 102(5) of the General Regulations, if an application under Regulation 102 of the General Regulations is made in respect of an existing Class 2 to Class 9 building, to require the applicant to satisfy the delegate that the provisions of any relevant Ministerial building standard relating to upgrading health and safety in existing buildings has been complied with (to the extent reasonably applicable to the building and its present or intended use).

63.4 The power pursuant to Regulation 102(6) of the General Regulations, on assigning a classification to a building (or part of a building) to, if relevant, ECM 698899 30 October 2020

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determine and specify in the notice to the owner under Section 151(3) of the PDI Act:

63.4.1 the maximum number of persons who may occupy the building (or part of the building); and

63.4.2 if the building has more than 1 classification—the part or parts of the building to which each classification relates and the classifications currently assigned to the other parts of the building.

64. Certificates of Occupancy

64.1 The power pursuant to Regulation 103(2) of the General Regulations to, require the following documentation:

64.1.1 if the development has been approved subject to conditions, such evidence as the delegate may reasonably require to show that the conditions have been satisfied;

64.1.2 if the application relates to the construction or alteration of part of a building and further building work is envisaged in respect of the remainder of the building, such evidence as the delegate may reasonably require to show:

64.1.2.1 in the case of a building more than 1 storey - that the requirements of any relevant Ministerial building standard have been complied with; or

64.1.2.2 in any other case - that the building is suitable for occupation.

64.2 The power pursuant to Regulation 103(3) of the General Regulations, to, other than in relation to a designated building on which building work involving the use of a designated building product is carried out after 12 March 2018, dispense with the requirement to provide a Statement of Compliance under Regulation 103(2)(a) of the General Regulations if:

64.2.1 the delegate is satisfied that a person required to complete 1 or both parts of the statement has refused or failed to complete that part and that the person seeking the issuing of the certificate of occupancy has taken reasonable steps to obtain the relevant certification or certifications; and

64.2.2 it appears to the delegate, after undertaking an inspection, that the relevant building is suitable for occupation.

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64.3 The power pursuant to Regulation 103(4) of the General Regulations if:

64.3.1 a building is:

64.3.1.1 to be equipped with a booster assembly for use by a fire authority; or

64.3.1.2 to have installed a fire alarm that transmits a signal to a fire station or to a monitoring service approved by the relevant authority; and

64.3.2 facilities for fire detection, fire fighting or the control of smoke must be installed in the building pursuant to an approval under the PDI Act,

64.4 The power pursuant to Regulation 103(5) of the General Regulations if a report is not received from the fire authority within 15 business days, to presume that the fire authority does not desire to make a report.

64.5 The power pursuant to Regulation 103(6) of the General Regulations to have regard to any report received from a fire authority under Regulation 103(4) of the General Regulations before the delegate issues a certificate of occupancy.

64.6 The power pursuant to Regulation 103(6a) of the General Regulations, on receipt of a notification of intended completion of building work under Regulation 93(1)(f) of the General Regulations, to determine that building work will be inspected by an authorised officer.

64.7 The power pursuant to Regulation 103(9) of the General Regulations to revoke a certificate of occupancy:

64.7.1 if:

64.7.1.1 there is a change in the use of the building; or

64.7.1.2 the classification of the building changes; or

64.7.1.3 building work involving an alteration or extension to the building that will increase the floor area of the building by more than 300m2 is about to commence, or is being or has ECM 698899 30 October 2020

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been carried out; or

64.7.1.4 the building is about to undergo, or is undergoing or has undergone, major refurbishment,

and the delegate considers that in the circumstances the certificate should be revoked and a new certificate sought; or

64.7.2 if the delegate considers that the building is no longer suitable for occupation because of building work undertaken, or being undertaken, on the building, or because of some other circumstance; or

64.7.3 if a schedule of essential safety provisions has been issued in relation to the building and the owner of the building has failed to comply with the requirements of Regulation 94(10) of the General Regulations; or

64.7.4 if the delegate considers:

64.7.4.1 that a condition attached to a relevant development authorisation has not been met, or has been contravened, and that, in the circumstances, the certificate should be revoked; or

64.7.4.2 that a condition attached to the certificate of occupancy has not been met, or has been contravened, or is no longer appropriate.

65. Mining Production Tenements

65.1 The power pursuant to Regulation 109(1)(b) of the General Regulations to make submissions to the appropriate Authority and object to the granting of the tenement.

66. Register of Land Management Agreements (Section 193)

66.1 The power pursuant to Regulation 111(2) of the General Regulations to establish a register of agreements entered into by the Council under Section 193 of the PDI Act.

66.2 The power pursuant to Regulation 111(3) of the General Regulations to include in a register, or provide access to a copy of each agreement entered into by the Council under Section 193 of the PDI Act and such other information the delegate considers appropriate.

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67. Authorised Officers and Inspections

67.1 The power pursuant to Regulation 112(1) of the General Regulations to appoint at least 1 authorised officer under Section 210(1)(b) of the PDI Act:

67.1.1 who is an accredited professional who is:

67.1.1.1 an Accredited professional - building level 1; or

67.1.1.2 an Accredited professional - building level 2; or

67.1.1.3 an Accredited professional - building level 3; or

67.1.1.4 an Accredited professional - building level 4; or

67.1.2 who holds a current accreditation recognised by the Chief Executive for the purposes of this Regulation; or

67.1.3 who holds an approval from the Chief Executive.

PLANNING, DEVELOPMENT AND INFRASTRUCTURE (FEES, CHARGES AND CONTRIBUTIONS) REGULATIONS 2019

68. Calculation of Assessment of Fees

68.1 The power pursuant to Regulation 5(1) of the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 (the Fees Regulations) in relation to an application which is duly lodged under a related set of regulations (including via the SA planning portal):

68.1.1 to require the applicant to provide such information as the delegate may reasonably require to calculate any fee payable under the Fees Regulations or a related set of regulations; and

68.1.2 to make any other determination for the purposes of the Fees Regulations or a related set of regulations (even if the Council is not a relevant authority).

68.2 The power pursuant to Regulation 5(2) of the Fees Regulations, if the delegate acting under Regulation 5(1) of the Fees Regulations, believes that any information provided by an applicant is incomplete or inaccurate, to calculate any fee on the basis of estimates made by the delegate.

68.3 The power pursuant to Regulation 5(3) of the Fees Regulations to at any ECM 698899 30 October 2020

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time, and despite an earlier calculation or acceptance of an amount in respect of the fee, reassess a fee payable under the Fees Regulations or a related set of Regulations.

69. Waiver or Refund of Fee

69.1 The power pursuant to Regulation 7 of the Fees Regulations to, as the delegate considers appropriate to do so:

69.1.1 waive the payment of the fee, or the payment of part of the fee; or

69.1.2 refund the whole or a part of the fee.

STATE PLANNING COMMISSION PRACTICE DIRECTION – 2 PREPARATION AND AMENDMENT OF DESIGNATED INSTRUMENTS

70. Requirements in Relation to Preparing an Engagement Plan

70.1 The power pursuant to clause 5(1) of the State Planning Commission Practice Direction – 2 Preparation and Amendment of Designated Instruments (PD2), to prepare a community engagement plan that:

70.1.1 meets the principles and performance outcomes of the Charter;

70.1.2 describes the persons or bodies to be consulted;

70.1.3 outlines any relevant previous engagement undertaken to inform the proposal;

70.1.4 describes the evaluation framework for the engagement.

70.2 The power pursuant to clause 5(2) of PD2 to submit the community engagement plan to the Commission for approval with the exception of an amendment to the Code and a Design Standard.

71. Requirements in Relation to Preparing an Engagement Report Following Consultation

71.1 The power pursuant to clause 6(2) of PD2 to set out in the report:

71.1.1 details of the engagement undertaken and how that engagement met the agreed community engagement plan, and reasons for variations, if any to that plan;

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71.1.2 the outcome of the engagement including a summary of the feedback made;

71.1.3 the response to the details of, and reasons for, changes to the proposal to prepare or amend a designated instrument when compared to the proposal that was engaged on, and to specifically indicate:

71.1.3.1 where changes are proposed to the designated instrument based on the engagement; and

71.1.3.2 any other changes proposed based on additional investigations or information not available when the proposal was released for engagement.

71.2 The power pursuant to clause 6(3) of PD2 to, in the engagement report also include an evaluation of the effectiveness of the engagement that considers whether:

71.2.1 the principles of the Charter have been achieved; and

71.2.2 all mandatory requirements identified in the Charter have been met where the consultation category is applicable.

72. Requirements in Relation to Initiating a Code Amendment Pursuant to Section 73 of the Act

72.1 The power pursuant to clause 7(1) of PD 2 to provide a proposal to the Commission to initiate a code amendment that sets out:

72.1.1 Scope - an explanation of the reasons for the preparation of the amendment and a description of the changes in circumstance leading the need for the amendment and the range of issues to be addressed in the amendment;

72.1.2 Code Modules - an outline of any overlay, general policy, zone or subzones being considered for amendment and/or the intended spatial application of an overlay, general policy, zone or subzone over an identified area, or draft instructions for the proposed amendments;

72.1.3 Area Affected - A map or description of the area affected by the proposed amendment;

72.1.4 State Planning Policies - an identification of the relevant key state planning policies and a statement of assessment of the ECM 698899 30 October 2020

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amendment’s consistency with those policies;

72.1.5 Regional Plans - An indication of how the matters or issues proposed to be addressed by the amendment will relate to the relevant regional plan and any relevant infrastructure planning;

72.1.6 Infrastructure Provision -

72.1.6.1 an explanation of any infrastructure provision that is required and how the infrastructure provision will be provided; and

72.1.6.2 an indication whether it is likely that an infrastructure agreement or agreements will need to be entered into in connection with the code amendment process, identifying the tools that will be used for this process;

72.1.7 Joint Planning Board Comments - that the Council has discussed the proposal with the relevant Regional Planning Board;

72.1.8 Consultation – information regarding any other consultation that has occurred;

72.1.9 in relation to designating a place as a place of local heritage value or a heritage area - a heritage review prepared by a heritage architect or historian or similar occupation in accordance with the Commission’s guidelines prepared under Section 67(2)(c) of the PDI Act;

72.1.10 in relation to designating a tree a significant tree - an assessment of the tree against the criteria under Section 68(1)(a) of the PDI Act;

72.1.11 in relation to designating a stand of trees to be significant trees – an assessment of the trees against the criteria under Section 68(1)(b) of the PDI Act.

72.2 The power pursuant to clause 7(2) of PD2 to, in addition, provide:

72.2.1 Timetable - an outline of the proposed timetable for each step of the process (ensuring that the process is completed within reasonable time limits), and a commitment on the part of the Council that it will take steps to update this timetable if it appears at any stage that the Council will require an extension;

72.2.2 Investigations - an outline of the investigations and justifications that will be undertaken (and those that may have already been ECM 698899 30 October 2020

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undertaken) and the form that those investigations will take in order to address the strategic and social, economic and environmental issues of the proposed amendment, or an explanation and summary of the investigations undertaken and how these support the amendment.

73. Requirements in Relation to Preparation of the Draft Proposal Prior to Consultation and Decision

73.1 The power pursuant to clause 8(1) of PD 2 to, prior to consultation, provide to the Department:

73.1.1 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;

73.1.2 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council;

73.1.3 in relation to heritage lists a local heritage data sheet and a significant trees data sheet.

73.2 The power pursuant to clause 8(2) of PD2, if amendments are proposed to the consultation versions, to provide to the Department:

73.2.1 instruction to write the amendments to the Code Policy;

73.2.2 amendments to the maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

74. Requirements in Relation to Preparation of the Draft Proposal for Consultation

74.1 The power pursuant to clause 9(1) of PD2 to, for engagement purposes, support a code amendment by the following information:

74.1.1 an explanation about why and how the Code is proposed to be amended;

74.1.2 an assessment of the amendment against the relevant provisions of State Planning Policies and the relevant regional plan;

74.1.3 if any amendment is not fully consistent with the State Planning Policies or the region plan, to so specifically identify that and include an explanation setting out the reason or reasons for the ECM 698899 30 October 2020

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inconsistency;

74.1.4 an explanation and summary of the investigations undertaken and how these support the amendment;

74.1.5 an explanation of any infrastructure provision that is required and how the infrastructure will be provided.

75. Requirements in Relation to Complying Changes Under Section 75

75.1 The power pursuant to clause 11(1) of PD2, in relation to a proposal to agree to a complying change, to provide the following information to the department:

75.1.1 a reference to the documentation and recommendation in relation to the proposed amendment in the relevant regional plan;

75.1.2 a summary of the consultation in accordance with the Charter that has occurred in relation to the proposal including reference to the Engagement Report prepared for the regional plan and any additional consultation that has occurred;

75.1.3 instructions that set out the intent of the proposed policy amendment for the purposes of the department writing the draft Code Policy for the Council;

75.1.4 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

76. Requirements in Relation to Early Commencement Under Section 78

76.1 The power pursuant to clause 12(1) of PD2, in relation to a request for a code amendment to come into operation without delay, to provide to the department:

76.1.1 an explanation about how early commencement is required to counter applications for undesirable development (development that would detract from, negate the object of the amendment) during consultation and consideration of the code amendment;

76.1.2 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;

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76.1.3 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.

STATE PLANNING COMMISSION PRACTICE DIRECTION – 3 (NOTIFICATION OF PERFORMANCE ASSESSED DEVELOPMENT APPLICATIONS) 2019

77. Responsibility to Undertake Notification

77.1 The power pursuant to clause 6(3)(b) of the State Planning Commission Practice Direction – 3 (Notification of Performance Assessed Development Applications) 2019 (PD3) to determine the relevant fee as being appropriate to cover the relevant authority’s reasonable costs in giving public notice of the application under Section 107(3)(a)(i) of the PDI Act.

STATE PLANNING COMMISSION PRACTICE DIRECTION (COUNCIL INSPECTIONS) 2020 78. Mandatory Inspections

78.1 The power pursuant to clause 2(2) of Part 2 of the State Planning Commission Practice Direction (Council Inspections) 2020 (PD9) to, in carrying out an inspection under PD9, take all reasonable steps to ensure each inspection includes an inspection and assessment of the following elements (elements), as may be present at the time of inspection:

78.1.1 primary structural elements;

78.1.2 structural framing and roof trusses;

78.1.3 wet areas and waterproofing;

78.1.4 barriers to prevent falls;

78.1.5 cladding;

78.1.6 egress provisions;

78.1.7 bushfire protection systems;

78.1.8 passive and active fire safety elements;

78.1.9 private bushfire shelters; and

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78.1.10 performance solutions.

79. Additional Inspections

79.1 The power pursuant to clause 3(2) of Part 2 of PD9 to consider carrying out an inspection in addition to any specified in clause 2 of Part 2 of PD9 (additional inspections) if the delegate has information to indicate that the circumstances warrant it, having regard to the objects of PD9.

80. Inspections Generally

80.1 The power pursuant to clause 4(3) of Part 2 of PD9, in relation to building work listed in Schedule 7 of the General Regulations to consider if an additional inspection may be appropriate.

81. General Requirements

81.1 The power pursuant to clause 1(2) of Part 3 of PD9 to ensure that an inspection under PD9 and subsequent assessment of each of the applicable elements in clause 2(2) of Part 2 of PD9 is carried out by a person who has the appropriate qualifications, skills, knowledge and experience to carry out an inspection assigned to that officer under PD9.

STATE PLANNING COMMISSION PRACTICE DIRECTION 10 (STAGED OCCUPATION OF MULTI-STOREY BUILDINGS) 2020

82. Conditions that Must be Met for the Staged Occupation of a Partially Completed Building

82.1 The power pursuant to clause 5(2) of the State Planning Commission Practice Direction 10 (Staged Occupation of Multi-Storey Buildings 2020 (PD10) to, agree to partial occupancy of a partially completed multistorey building.

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Page 124 | Attachment 14.1.3 215 SCHEDULE OF CONDITIONS

CONDITIONS OR LIMITATIONS APPLICABLE TO DELEGATIONS CONTAINED IN THIS INSTRUMENT

Paragraph(s) in instrument to which conditions/limitations Conditions / Limitations apply

Nil Nil

FXD\ECM_698899_V5_PDI-ACT-2016-DELEGATIONS-INSTRUMENT-A-OF-DELEGATION-UNDER-THE- PLANNING,-DEVELOPMENT-AND-INFRASTRUC (1) 30 October 2020

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Page 125 | Attachment 14.1.3 215 Agenda Ordinary Council Meeting - 22 December 2020

14.2. ABP project 2.1 18/19 Jane Eliza Commercial Marina & Slip Business Case (Jarrett Memorial Gardens Houseboat Landing Project) 14.2. ABP project 2.1 18/19 Jane Eliza Commercial Marina & Slip Business Case (Jarrett Memorial Gardens Houseboat Landing Project)

Reporting Officer Mark Bell - Economic Development Officer CEO/Director Tony Siviour - Chief Executive Officer Relevant Legislation Nil Attachments Nil

Recommendation: That Council resolve to not proceed with the planned temporary mooring facilities at Jarrett Gardens as previously resolved on 5/11/2019.

That Council resolve to reallocate funds from this project to deal with bank erosion/collapse and the subsequent relocation of Council assets like power, water and mooring posts at both Lock 5 and the small craft marina in the Jane Eliza.

Further that Council resolve to write to DEW bringing the issue of bank erosion/collapse to the Departments attention.

Purpose To update Elected Members on an outstanding issue from the Special Council Meeting of Council resolution on 5/11/2019. Also, to provide Elected Members with information on an ongoing issue with banks collapsing at mooring sites due to environment flows being created by the artificial rising of water levels between Lock 5 & Lock 6 and the subsequent recommended actions.

Background As part of the implementation of the Houseboat Management Plan, Council passed the following resolution at its Special Meeting on 5/11/2019.

8.1.1 Annual Business Plan (ABP) project 2.1_18/19 Jane Eliza Commercial Marina and Boat Slip – Business Case (confidential report)

Moved Cr Howie That this item be lifted of the table for further consideration by Council. Seconded Cr Maddocks

CARRIED

Moved Cr Howie

That Council, having considered the feedback from the Commercial Houseboat Industry, Government Departments and the General Public and Houseboat Owners adopt the Renmark Paringa Council Houseboat Management Plan October 2019 subject to page 24 of the Houseboat Management Plan to read ‘Consult with licensees about the possibility of relocating existing moorings to another suitable location as a long-term strategy’ noting the removal of Lock 5.

That Council undertake the following projects outlined in the action plan of the Houseboat Management Plan October 2019 utilising the budget allocation of $80,000 included in the 2019-2020 Annual Business Plan.

Small Craft Marina expression of interest for BBQ Boat compound and associated works (assuming 6 boats) - $13,500.

Page 126 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Creation of an additional 8 mooring berths at Lock 5 (subject to DEW approval) - $26,500

Creation of 5 temporary visitor houseboat areas close to town and shopping centre and provide infrastructure to enable safe and easy access to the Matulick Riverfront Walk - $40,000.

Seconded Cr Sims

CARRIED

In relation to the points of the resolution the following has been delivered.

Small Craft Marina expression of interest for BBQ Boat compound and associated works (assuming 6 boats) - $13,500 –

Expression of interest completed and $15,000 expended on completing 7 x 6m moorings for small craft and the completion of supporting road infrastructure to provide access to these moorings. - currently 4 moorings are being utilised.

Creation of an additional 8 mooring berths at Lock 5 (subject to DEW approval) - $26,500 –

This work was achieved without spending any of the capital budget with some minor maintenance work carried out.

Creation of 5 temporary visitor houseboat areas close to town and shopping centre and provide infrastructure to enable safe and easy access to the Matulick Riverfront Walk - $40,000 –

There has been a significant amount of work carried out on this project, including bank drilling to test for stabilization requirements and engineering design to allow boats to moor without causing damage to the proposed new infrastructure. Disabled access has also been considered.

$5,000 has been expended on this project to date, however no viable option has been produced that will achieve the desired result within the allocated budget.

Mooring bank collapse As part of the normal wear and tear of a river, banks are eroded, and rivers change course over an extended period. This issue has been exacerbated by the increase of frequency in the creation of artificial higher flows of up to 80mgs equivalent for environmental purposes.

While Council do not own the bank at Lock 5 (DEW land) it is in Councils care and control, however Council do own the Small Craft Marina at the Jane Eliza where the banks are also collapsing. Both sites have infrastructure (power, posts and in Lock 5 water) that are close to falling into the waterway and will need to be relocated. The infrastructure installed at Lock 5 has already been relocated once since it was originally installed and will now need to be either protected or relocated again. In some places at Lock 5, up to five metres of bank have been lost in recent years

Analysis In Summary $20,000 has been spent to date, with two of the three Outcomes completed. An additional $5000-$10,000 will need to be spent cleaning up the willows along James Avenue and Lock 5 marina to enable better bank access in troublesome areas for houseboats to moor at their own risk. This will allow $50,000 to be reallocated to dealing with the bank collapse issues.

Page 127 | 215 Agenda Ordinary Council Meeting - 22 December 2020

However, no stairs or landing platforms will be installed in the Jarrett Gardens main riverbank area, unless a substantially larger budget is allocated to this component of the project.

Strategic Alignment 2 A Vibrant Economy CORE ACTIVITY - Maintain and enhance infrastructure and amenities to ensure our appeal to national and international tourists

2 A Vibrant Economy 2.2 Ensure Renmark Paringa is known as a tourism destination of choice for local, interstate and international travellers. 2.2.2 Develop a Houseboat Strategy to investigate the options for improved management and increased utilisation and growth.

Engagement Stakeholder Commercial Houseboat Owner Elected Members Staff CEO, Phil Morris, Tarik Wolf

Risk Management Consideration This (bank collapsing) is a long term issue and it is a costly fix in multiple locations. The proposed Marina Upgrade at the Jane Eliza may provide a long term solution should that project go ahead. This proposed solution would take boats off the riverbank allowing the natural changes to the riverbank to have no effect on houseboats because permanent mooring sites and infrastructure would no longer be required.

Financial Implications Budget Source Current Budget Impact Nil Future Budget Impact Significant funding will be required for a permanent solution

Asset Management Impact Any solution will have a significant effect on Councils assets.

Relevant documents

Page 128 | 215 Agenda Ordinary Council Meeting - 22 December 2020

14.3. 17th/Cowra Streets Allotment Realignment 14.3. 17th/Cowra Streets Allotment Realignment

Reporting Officer Tony Siviour - Chief Executive Officer CEO/Director Tony Siviour - Chief Executive Officer Relevant Legislation Development Act 1993 (Development Plans) Amendment Act 2006 Attachments 1. survey plan 17 th street [14.3.1 - 1 page] 2. 05220 DETAIL NO SPOT HEIGHTS [14.3.2 - 1 page]

Recommendation: That Council amend proposed land division Allotment 11 in D114456 & Allotment 51 in D22189 Renmark Irrigation Trust as per attachment 14.4.2 of report 14.4

Purpose

To investigate further the potential use for land situated on Seventeenth/Cowra Street, Renmark.

Background

At the November meeting of Council the following was resolved

That Council acknowledge Catholic Education South Australia's letter of 10 November 2020 advising that they have withdrawn from the unsolicited bid process to purchase Proposed Land Division Allotment 11 in D114456 and Allotment 51 in D22189.

That Council instruct staff to investigate further the potential of Proposed Land Division Allotment 11 in D114456 and Allotment 51 in D22189 for further consideration of Council at the December 2020 meeting.

As Elected Members would now be aware the Catholic Education Secondary College is proposed to be sited on land on Twenty First Street. Staff are currently working through the assessment pathway for this Development Application with public notification due to commence early in the week commencing 21 December 2020.

Analysis

Council currently has a live proposed division of land application for Allotment 11 in D114456 and Allotment 51 in D22189. (attachment 14.4.1)

Elected Members should turn their mind to the potential of this area of land and, in particular, the area which doesn’t have any underground infrastructure on it which faces Cowra Street.

As highlighted in green in attachment 14.4.2 there is the potential to create an allotment of approximately 7,000m2. I have suggested that the North Eastern boundary be adjusted to retain the tree line on the boundary of the Bowling Club lease as well as exclude the water infrastructure which services the Alan Coulter Recreation Centre and Dog Park.

This will retain a street frontage of the proposed allotment of approximately 40m.

Over the last few years, we have fielded several inquiries for available land to undertake Specialist Disability/NDIS or Aged Care Housing. The land is situated within the Community Facilities Zone and would be a performance assessed application against the code.

Page 129 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Given the proximity to the town centre, Alan Coulter Recreation Centre and other support services the allotment potentially has plenty of appeal for this type of housing.

The site would require a reasonable level of fill imported to have a finished floor level equivalent to adjoining housing.

As Elected Members would be aware one of Council’s externally funded Drought Communities Program projects is the expansion of our class B water storage which is in close proximity to the site.

Preliminary estimates based on the engineered drawings of this project is that approximately 7,500m3 of fill will be excess from this project.

We are still awaiting testing of this soil for suitability for reuse on other sites. In the event this soil is suitable it is a short haulage distance to be utilised on the Cowra Street parcel of land.

Strategic Alignment 2 A Vibrant Economy CORE ACTIVITY - Ensure Renmark Paringa is an attractive region for new business and existing business looking to expand

Engagement Stakeholder David Altmann – Planning Consultant Elected Members Nil Staff Mark Bell

Risk Management Consideration Risk Rating 1 - Low (Acceptable Risk, managed by procedures)

Financial Implications Budget Source For budget consideration Current Budget Impact Minor cost to amend land division application Future Budget Impact Potential sale of excess land

Asset Management Impact

Relevant documents

Page 130 | 215 Proposed Land Division Allotment 11 in D114456 & Allotment 51 in D22189 4.24 N Renmark Irrigation District T E E CERTIFICATES OF TITLE R F VOLUME 5432 FOLIO 117 T I S 63 F VOLUME 6186 FOLIO 112 3.513ha T E E Renmark Paringa Council 8 4 NETBALL N 5. B 1 T 2 COURTS F D A R Y H O O RECREATION in the area named M F G F CENTRE EXISTING VEHICLE A S RENMARK IN / E 5 C T ACCESS TO NET- 6 2 R . U 3 9 0 N 9 A .0 . BALL COURTS 3 IT 0 3 P S m 5 0 20 40 80 120 160 200

m 1 9 1 3 3 . . 4 3 6 4 OFF-LEASH S 1 6 .6 1:2000 . 2 0 T

DOG 9 4

9 R 7 . 7 PARK 1 A .5 E 1 7 E .9 1 T S 2 Portion of Allotments 63 & 64 marked A is subject to E .9 RENMARK 55 V 64 7 BOWLING an easement to the Renmark Irrigation Trust for 3 E 4. CLUB N 2.861ha 1 water supply purposes (RE 6682063) T E E A Allotments 63 & 64 are subject to the reservations, N 1 3 1 provisions and conditions still subsisting and T . 1 0 1 8 H 5 5 2 T . . capable of taking effect contained in Land Grant 4 7 5 8 E E Vol. 537 Folio 187 0 5 .0 7 R 3 .0 5 0 T S 6 2 6 . D70677 0 1 . 2 5 0 7 2 0 0 T . 0 .0 .0 Dimensions and areas are approximate only and 0 0 5 3 E 0 3. 9 2 5 E S R are subject to amendment subsequent to detailed T T feature survey to determine location of existing civil R 6 D22189 .0 S E 0 A infrastructure and also to certified boundary survey E R T W O C

Original Sheet Size A3 K R U Anderson Surveyors Pty Ltd H T 26 Evans Street Renmark SA 5341 T (08) 8586 5342 M 0412 865 766 E [email protected] W www.andersonsurveyors.com.au

REF: 05220PROPrevA 22/06/2020 ABN 83 160 358 252 Page 131 | Attachment 14.3.1 215 4.24

K AN T IC PT N E S 63 3.513ha

/H F 8 M I .4 R F 5 W T 1 E T E 2 S E E E R N T 19 T S RECREATION H

CENTRE

2 9 FLOOR LEVEL 9 .3 5 NETBALL COURTS 5 6 . FLOOR LEVEL 0 3

SEP SEP

A G N I FLOOR LEVEL 8

R 1

1 8 A P

9 S 1 .3

3 3 . 6 1 T

4 4 6 R .6 E 2 E OFF-LEASH T DOG PARK 1 . 0

9 19 . 7 1 .9 1 7 A 7 . 9 5 0 1 m m P V C

2 .9 55 64 2.861ha 7 .3 14 S E P T S IC RENMARK E m BOWLING CLUB V 0m E 35 1

N E IN T L E IN A E M

N IT T R H T

E 1 E 3 1 . 1 R 0 1 5 5 4 T . 0 4 A 5 8 0 S .2 m 7 8 m

S/WTR M/H

0 S/WTR M/H .0 53

5 7 1

.0 9 0 S

1 R 9

E 6 6 E 0 .2 .0 1 T 2 FLOOR LEVEL 0

5 0 7 .0 .0 2 3 0 0 0 2 0 5. 3. 9 5 SEP

S/WTR M/H

6 .0 0 SEWR M/H PVC 150mmXFMR A SEP R W O C

LEGEND NOTE 44 6. 0 7.5 15 30 45 60 75 Anderson Surveyors Pty Ltd 1 LEVELS SHOWN THUS ARE IN METRES TO AUSTRALIAN HEIGHT DATUM BASED ON SIGN WATER METER GUTTER INVERT PAVERS m DETAIL SURVEY PM 7029/1532 (RL : 18.333) MARKER POST SA WATER VALVE TOP OF KERB WATER PIPE 26 Evans Street TREE SEWER PIPE 1:750 Renmark SA 5341 HYDRANT EDGE OF BITUMEN ORIGINAL SHEET SIZE A1 SPORT & EDUCATION PRECINCT THE POSITIONS OF UNDERGROUND SERVICES HAVE BEEN LOCATED WHERE POSSIBLE BY LIGHT POLE TELSTRA EDGE OF CONC S/WATER DRAIN T (08) 8586 5342 FIELD SURVEY. PRIOR TO EXCAVATION OR CONSTRUCTION ON THE SITE THE RELEVANT GRATED STORM WATER COORDINATES: PLANE (MGA2020 BASED) SEVENTEENTH STREET, RENMARK STOBIE POLE BUILDING (BRK) GATE M 0412 865 766 AUTHORITY SHOULD BE CONTACTED FOR POSSIBLE LOCATION OF FURTHER ELEC CONNECTION POINT HEIGHT DATUM: AHD SEWER I/P ELECTRICAL TELSTRA E [email protected] UNDERGROUND SERVICES AND DETAILED LOCATIONS OF ALL SERVICES. IRRIG. CONTROL VALVE FENCE CONTOUR INT: 0.20m W www.andersonsurveyors.com.au DRAWING No. SHEET1 OF 1 REVISION DOWNPIPE ROAD CENTRE TAP EDGE OF TRACK SURVEY : 30/06/2020 PLAN : 3/07/2020 Ref : 05220 ABN 83 160 358 252 06216DETAIL A Page 132 | Attachment 14.3.2 215 Agenda Ordinary Council Meeting - 22 December 2020

15. DIRECTOR CORPORATE AND COMMUNITY SERVICES REPORTS

15.1. Asset Committee 15.1. Asset Committee

Reporting Officer Ashleigh Baker - Executive Assistant to Director Corporate and Community Services CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Local Government Act 1999 Attachments 1. RPC Asset Committee Terms of Reference [15.1.1 - 6 pages]

Recommendation: That Council: 1. Adopt the Renmark Paringa Asset Committee Terms of Reference as a new Section 41 Committee. 2. Appoints ______, ______, ______and ______as members of the Asset Committee. 3. From those appointed (as per point 2), appoints______as the Presiding Member of the Asset Committee.

Purpose To adopt the Terms of Reference for the new Asset Committee and nominate four Elected Members, including a Presiding Member of the committee.

Background At the November Ordinary Council Meeting, Council passed the following resolution (Council Resolution OC2020 – 248): Revoke the Section 41 Asset and Lease Committee, create a Section 41 Asset Committee with membership limited to four elected members (excluding the Mayor who shall be an ex officio member) and acknowledge that all lease related matters will be managed through General Council Meetings.

The Asset Committee Terms of Reference have been drafted accordingly (attachment one).

The formation of the Asset Committee will provide a forum for Elected Members to focus on Council’s Asset Management strategic objectives, service levels and expenditure.

Analysis With the adoption of the Asset Committee terms of reference, there will only be three Section 41 Committees at Renmark Paringa Council, with the other two being:

 Audit Committee o Membership: Tim Muhlhausler (independent chair), Cr Du Rieu, Cr Howie, Cr Hunter and Mayor Martinson (ex-officio).

 Policy Review Committee o Membership: Cr Howie (chair), Cr Maddocks, Cr Hunter, Cr Singh-Malhi (on personal leave), Cr Townsend and Mayor Martinson.

(NB - Cr Sims & Cr Spano are not currently represented on a Section 41 Committee.)

Having an Audit Committee, a Policy Review Committee and an Asset Committee provides an optimal number of committees that are spread over a range of Council’s core functions, including financial accountability, policy setting/review and asset strategy.

Page 133 | 215 Agenda Ordinary Council Meeting - 22 December 2020

In addition to adopting the terms of reference for the new Asset Committee, it is recommended that Council appoint four elected members to the committee (noting that the Mayor is included as an ex-officio member within the terms of reference) and from those four members appointed to the committee, appoint a chairperson.

If there are more than four members that wish to nominate for appointment to the new Asset Committee, an election will need to be held.

Strategic Alignment 3 A Sustainable Region 3.5 Responsibly manage our infrastructure 3.5.1 Implement renewal and capital projects as documented in our Infrastructure and Asset Management Plans

4 A Positive Experience 4.4 Provide strong and informed leadership, advocacy and representation for our community 4.4.2 Appropriate Elected Member representation on community committees and external bodies.

Engagement Stakeholder Elected Members Through the Asset Committee Staff

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source No financial impact Current Budget Impact Future Budget Impact

Asset Management Impact

Relevant documents Nil

Page 134 | 215 RENMARK PARINGA COUNCIL ASSET COMMITTEE

TERMS OF REFERENCE

NAME Pursuant to section 41(1) of the Local Government Act 1999, the Renmark Paringa Council resolved on 22 December 2020 to establish a committee to be known as the Renmark Paringa Council Asset Committee

1. MEMBERSHIP 1.1 The members of the committee shall be appointed or removed by resolution of Council and shall consist of no more than 4 members.

1.2 Members shall hold office from the date of their appointment, for a term until the first meeting of Council following the next general Council election and shall be eligible for re-appointment.

1.3 The Presiding Member of the committee shall be appointed by the Council.

1.4 Only members of the committee are entitled to vote in committee meetings. Unless otherwise required by the Act not to vote, each member must vote on every matter that is before the committee for decision. Council staff members may attend any meeting as observers or be responsible for preparing reports for the committee.

1.5 In accordance with the principles of open, transparent and informed decision making, committee meetings must be conducted in a place open to the public. The agenda and minutes of the committee meetings, subject to any items that are discussed in confidence under Section 90 of the Local Government Act 1999 and subsequently retained as confidential under Section 91 of the Act, are also required to be made available to the public.

1.6 No additional allowance will be paid to an elected member representative over and above the allowance already received by the elected member in accordance with the Local Government (Members Allowances and Benefits) regulations 2010.

1.7 The Mayor shall be an ex officio member of the committee.

2. QUORUM 2.1 A quorum shall consist of half the appointed members plus one, but shall not include the Mayor unless actually present.

Asset Committee Terms of Reference 22 December 2020

Page 135 | Attachment 15.1.1 215 3. MEMBERS LIABILITY 3.1 No Civil Liability shall attach to a member of a committee for an honest act or omission in the exercise performance or discharge or purported exercise, performance or discharge of the members or committee’s functions or duties. A liability that would but for the foregoing attach to a member of a committee, attaches instead to the Council.

3.2 Pursuant to the Rules of the LGAMLS, the Council must apply prudent industry based risk management practices across all of its operations.

3.3 Any liability or risk management issues must be communicated within the Council.

4. CONFLICT OF INTEREST 4.1 The provisions of sections 73, 74 and 75 of the Local Government Act 1999 will apply to all members of the committee, in relation to meetings and any business or proposed business of the committee.

5. REGISTER OF INTEREST 5.1 The provisions of section 68 of the Local Government Act 1999 will not apply to members of the committee.

6. PROCEEDINGS THE COMMITTEE MEETINGS 6.1 The committee shall be subject to the provisions of the Local Government (Procedures at Meetings) Regulations 2000, Part 3.

6.2 The committee shall meet at least four (4) times a year at the appropriate times.

6.3 A notice of meeting and agenda shall be provided to each committee member at least 3 clear days before each meeting.

6.4 Special Meetings may be held at any time, at the request of the Presiding Member of the Committee or at least three members of the committee.

6.5 All resolutions of the committee shall act as recommendations to Council, subject to the committee being granted delegated authority to act according to Council policy and procedures in designated matters, or where Council has previously approved a course of action.

6.6 A question arising for decision at a meeting of the committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

6.7 All members of the committee who are present at a meeting shall have a deliberative vote.

6.8 The Presiding Member shall also have a casting vote if required.

6.9 All meetings of the committee are open to the public.

Asset Committee Terms of Reference 22 December 2020

Page 136 | Attachment 15.1.1 215 7. DUTIES AND VACANCIES 7.1 The duties of the Presiding Officer of the committee are: a) to preside at meetings of the committee b) preserve order at meetings so that the business may be conducted in due form and with propriety c) upon confirmation of the minutes, sign them in the presence of the meeting d) responsibility to the Council for the proper observance of these Terms of Reference e) if requested, to provide advice to the Executive Officer between committee meetings on the implementation of the decisions of the committee f) to act as the principal spokesperson of the committee g) to exercise other functions of the committee as the Council determines h) to carry out the ceremonial duties of the committee. i) to be consulted in the development of the Agenda.

7.2 General Duties of Members of the Committee Members are expected to: a) act honestly and within the law at all times b) act in good faith and not for improper or ulterior motives c) act in a reasonable, just and non discriminatory manner d) undertake their role with reasonable care and diligence e) conduct their ongoing relationship with fellow Council members, Council employees and the public with respect, courtesy and sensitivity f) use information in a careful and prudent manner.

7.3 Casual Vacancies The position of member on the committee becomes vacant if the member – a) resigns by notice in writing to the Presiding Member of the committee; or b) is removed from office by the Council on the grounds that he or she has been absent without leave of the Committee from three or more consecutive meetings, the first of which having been held three months or more before the last; or c) is removed by the Council at its sole discretion; or d) is declared a bankrupt or applies for the benefit of the law for the relief of insolvent debtors; or e) is convicted of an indictable offence punishable by imprisonment; or fails to meet the qualification criteria for membership contained in the membership clause above.

7.4 The Committee shall forthwith inform the Council if any member forfeits their seat in such a manner.

7.5 In respect of disqualification by reason of absence for three months or more, the member forfeiting their seat under these circumstances shall however be eligible for re-election to the committee of which they were a member.

Asset Committee Terms of Reference 22 December 2020

Page 137 | Attachment 15.1.1 215 7.6 If a casual vacancy occurs on the committee, the remaining members may, at their first meeting after the vacancy occurring, nominate a person to fill that vacancy, and shall submit that person’s name to the Council for consideration for appointment.

7.7 In the event that a casual vacancy occurs within five (5) months of the next date of appointment of the committee, the committee may elect to continue until the next date of appointment without filling the casual vacancy.

7.8 In the event that three (3) positions become vacant concurrently for whatever reason, the Committee must immediately suspend the performance of its duties and obligations conferred by this Term of Reference and forthwith inform the Chief Executive Officer of the Council, who shall give consideration to the cause of the casual vacancies and seek determination from Council.

8. FUNCTIONS OF THE COMMITTEE 8.1 The Asset Committee has the following functions:  Review Council’s asset portfolio with the aim to improve the strategic management of assets with a focus on Capital renewal as well as identifying opportunities to ensure an appropriate level of service is provided on behalf of the community.  Review Council’s asset portfolio to identify opportunities to reduce the financial impact on Council’s operating position and strengthen its financial sustainability.  Make recommendations to Council on the opportunities and outcomes identified, save and except where the various staff members supporting the Committee have existing delegated authority to act in an operational capacity.  To assist with the annual review of the Infrastructure and Asset Management Plan (IAMP).  Review annual budget proposals resultant of the IAMP.  Develop an annual work plan.

9. REPORTING AND ACCOUNTABILITY 9.1 Administration support will be provided by the Council.

9.2 Council will provide an Executive Officer of the committee.

9.3 A copy of the Minutes of every meeting, shall be provided to the Chief Executive Officer for inclusion in the Agenda of the next Council Meeting.

9.4 Where a particular matter requires a specific resolution or the attention of the Council, the minutes will adequately reflect a recommendation to be considered by Council.

9.5 The committee is accountable to the Renmark Paringa Council in all things.

9.6 Effectiveness of the Committee will be determined through annual self- Asset Committee Terms of Reference 22 December 2020

Page 138 | Attachment 15.1.1 215 assessment checks; additionally the Committees effectiveness and Terms of Reference will be reviewed by Council at the end of each general Council election.

10. DISPUTES 10.1 Should a dispute arise over any matter, the matter shall be handled in accordance with Council’s Grievance Procedures; however the decision of the Council will be final.

10.2 The Renmark Paringa Council is committed to transparent decision making processes and to providing access to a fair and objective procedure for the hearing of review of decisions. Grievances may arise as a result of dissatisfaction with a decision about a policy, procedure, service or fee.

10.3 All attempts will be made to resolve grievances quickly and efficiently, without the need for formal applications for review to be lodged. Sometimes this cannot be achieved. The procedure provides guidance for dealing with formal requests for review of decisions of Council, its employees, and other people acting on behalf of Council.

10.4 Dealing with grievances at the local level is the most effective way of resolving matters quickly. Applicants for review of decisions will be encouraged to participate in the review handling process co-operatively. However, this will not negate citizens’ rights to seek external review through the State Ombudsman, other legal appeal processes, or the Courts at any time during the complaint handling process.

10.5 Council's Procedure for Review of Decisions has been adopted in accordance with Section 270 of the Local Government Act.

11. REVIEW AND AMENDMENT TO TERMS OF REFERENCE 11.1 Council may at any time amend or alter these Terms of Reference by resolution of the Council. The committee shall at least annually, informally review these Terms of Reference to ensure that they properly reflect the role and function of the committee.

Approved at the meeting of Council held on: 22 December 2020

Asset Committee Terms of Reference 22 December 2020

Page 139 | Attachment 15.1.1 215 THE RENMARK PARINGA COUNCIL ASSET COMMITTEE

Schedule of Committee Members:

Name Appointment Status Date appointed or reappointed

Asset Committee Terms of Reference 22 December 2020

Page 140 | Attachment 15.1.1 215 Agenda Ordinary Council Meeting - 22 December 2020

15.2. Committee Schedule 2021 15.2. Committee Schedule 2021

Recommendation: That Council endorse the 2021 Committee Meeting Schedule, noting it may be adjusted by the Chief Executive Officer, as required.

Purpose For Council to consider the 2021 Committee Meeting Schedule.

Background Renmark Paringa Council has three section 41 committees: Audit, Policy Review and Asset Committee.

Within the Terms of Reference for all three committees it is stated that each committee shall meet at least four times a year in the reporting and audit cycle and other wise as required.

Most committees meet at regular quarterly intervals, however the Audit Committee meets at the appropriate times in the finance and audit cycle.

At the May 2020 Ordinary Council Meeting, the following resolution was carried, while accepting the minutes of the previous Audit Committee meeting: “That Council recommend that the Audit committee meet on a bi-monthly basis and that the terms of reference be amended to reflect this amendment.” (Council Resolution OC2020 – 102)

In accordance with this resolution, the Administration has adjusted the Audit Committee terms of reference. Within the committee meeting schedule (attached) two additional Audit Committee Meetings have been scheduled (for February and July), however due to the timing of when Audit Committee meetings must occur, it is not possible for the meetings to be spaced exactly bi-monthly.

As Council pays the independent chairperson $1,200 per meeting, holding two additional meetings per year that are out of cycle with the recurring business of the Audit Committee will add a further $2,400 of operating cost to Council.

The workload of the Audit Committee is well anticipated (and often consistent from one year to the next). If unexpected and urgent Audit Committee agenda items arise and require tabling, a Special Audit Committee meeting can be called. It is therefore recommended that Council consider rescinding Council Resolution OC2020-102 in the new year.

Analysis Attachment 1 is a calendar schedule of the proposed 2021 dates and times for all three committees.

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Review and improve governance structure, policies and decision making processes on a regular basis

Page 141 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Engagement Stakeholder Committee Members Elected Members Staff

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source No financial impact Current Budget Impact Future Budget Impact

Asset Management Impact

Relevant documents Committee Meeting Terms of Reference

Page 142 | 215 2021 Committee Meeting Schedule

January February March April May June

2020 M T W Th F M T W Th F M T W Th F M T W Th F M T W Th F M T W Th F

Council 1 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6 7 1 2 3 4

Policy 4 5 6 7 8 8 9 10 11 12 8 9 10 11 12 5 6 7 8 9 10 11 12 13 14 7 8 9 10 11 Review Audit 11 12 13 14 15 15 16 17 18 19 15 16 17 18 19 12 13 14 15 16 17 18 19 20 21 14 15 16 17 18

Asset 18 19 20 21 22 22 23 24 25 26 22 23 24 25 26 19 20 21 22 23 24 25 26 27 28 21 22 23 24 25

25 26 27 28 29 29 30 31 26 27 28 29 30 31 28 29 30

July August September October November December

2020 M T W Th F M T W Th F M T W Th F M T W Th F M T W Th F M T W Th F

Council 1 2 2 3 4 5 6 1 2 3 1 1 2 3 4 5 1 2 3

Policy 5 6 7 8 9 9 10 11 12 13 6 7 8 9 10 4 5 6 7 8 8 9 10 11 12 6 7 8 9 10 Review Audit 12 13 14 15 16 16 17 18 19 20 13 14 15 16 17 11 12 13 14 15 15 16 17 18 19 13 14 15 16 17

Asset 19 20 21 22 23 23 24 25 26 27 20 21 22 23 24 18 19 20 21 22 22 23 24 25 26 20 21 22 23 24

26 27 28 29 30 30 31 27 28 29 30 25 26 27 28 29 29 30 27 28 29 30 31

Policy: Wednesday 7pm. Audit: Friday 1pm. Asset: Monday 6pm.

Page 143 | Attachment 15.2.1 215 Agenda Ordinary Council Meeting - 22 December 2020

15.3. Donations - Community Grants Policy 15.3. Donations - Community Grants Policy

Reporting Officer Emma Warner - Community Development Officer CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Nil Attachments 1. Renmark High School Chaplaincy Program letter to Council [15.3.1 - 1 page]

Recommendation: That Council formalises past practices and endorses the inclusion of Chaplaincy – Renmark High School Inc and the Riverland Youth Theatre into the Donations section of the Community Grants Policy for the following amounts: a. Chaplaincy – Renmark High School Inc: $X,XXX b. Riverland Youth Theatre: $X,XXX

Purpose To review a request from Chaplaincy – Renmark High School Inc for ongoing annual funding from Council and consider a recommendation from the Grants Assessment Panel to provide ongoing annual funding to the Riverland Youth Theatre.

Background The Grants Assessment Panel recently reviewed applications for funding as part of the Community Grants Program. Two applications received did not meet the eligibility criteria for the program as they are reliant on ongoing funding.

Due to a change in the community grants policy, the Community Sponsorship funding stream that these two organisations were making annual applications to no longer exists. This funding stream allowed groups to apply for and receive donations annually (including recurring funding). The Community Grants program that is now the single grants program available for community organisations to seek grant funding does not enable organisations to apply for and receive funding annually nor does it permit recurring funding. These two organisations, Chaplaincy – Renmark High School Inc and Riverland Youth Theatre are both looking to continue receiving funding on an annual basis to support their programs.

Chaplaincy – Renmark High School Inc This community organisation has received Community Sponsorship annually since 2016/17 for amounts varying from $2,000 to $5,000. They are seeking ongoing funding to continue providing extra hours to the 3 Christian Pastoral Support Workers who are currently working at Renmark High School, Renmark North Primary School and Renmark Primary School.

This organisation has submitted a letter (attached) with their grant application formally requesting ongoing annual funding. Although a certain dollar amount was not requested for annual funding, in their community grants program application they requested the maximum community grant program amount of $4,000.

Riverland Youth Theatre This community organisation has also received Community Sponsorship annually since 2016/17 as part of Community Sponsorship, however prior to this they have been receiving an annual donation from Council since early-mid 2000’s. The annual amount has varied from $3,000 to $5,000. These funds have been put towards rental of the institute building as well as maintenance costs. The other 2 Riverland Councils also provide an annual contribution. Other sources of funding include state government funding, sponsorship from local and Adelaide based businesses and individuals as well as carrying out fundraising annually.

Page 144 | 215 Agenda Ordinary Council Meeting - 22 December 2020

From the youth theatre’s community grant application, it is noted that: “The grant to support our annual rental ensures RYT has a permanent home, an acknowledged ideal venue for youth arts as the space allows us to have permanent storage of our costumes, sets and props but critically a stage, with wings and backstage facilities. The two office spaces are utilised by staff, volunteers, visiting artists, local tutors, participants, and Board subcommittee members. RYT cannot operate in isolation. We have established partnerships and continue to develop new partnerships with both arts and non arts organisations, schools and significantly the three Riverland regional Councils.”

Analysis The Community Grants, Sponsorship and Donations budget line includes an allocation for donations (these currently amount to $14,300. Donation recipients and the amounts that they receive are included in the Community Grants Policy). Reallocating funds to the donations budget line (from either the Community Grants, Event Sponsorship or Youth Grants budget lines) can be done, however it will reduce the amount of funding available in the other funding programs.

It is also important to note the following from the Community Grants policy notes in the donations section: “Term of funding: Any resolutions of Council to donate funds on a recurring basis will be reviewed within each new term of Council. A report will be presented to Council with recommendations to assist with the review process.”

If Council wish to amend the Community Grants Policy with the addition of organisations to receive donations, an amount of allocated funding will also need to be considered.

Strategic Alignment 1 Community Health and Wellbeing CORE ACTIVITY - Assist sporting and community bodies to source funding for sporting and community facilities and programs CORE ACTIVITY - Provide and promote sporting, recreation and leisure facilities and programs for all ages in the region CORE ACTIVITY - Support projects that promote and foster the arts and culture within our community

Engagement Stakeholder Elected Members Staff

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source Within current budget Current Budget Impact Future Budget Impact

Page 145 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Asset Management Impact

Relevant documents

Page 146 | 215 Chaplaincy – Renmark High School Inc

PO Box 319

Renmark SA 5341

8/11/2020

Dear members of the Grants Assessment Panel / Renmark Paringa Council

COMMUNITY GRANTS PROGRAM 2020/21 - $4000

The Chaplaincy Committee is seeking ongoing annual funding to continue providing extra hours to the 3 Christian Pastoral Support Workers who are currently working at Renmark High School, Renmark North Primary School and Renmark Primary School.

The CPS Workers offer a unique dimension of care and support to students, families and staff. They are trained and experienced and work alongside and complement other wellbeing staff in schools.

Their programmes include being positive role models who offer genuine compassion and understanding and provide practical ongoing support to the students and families, helping them feel connected to the community in a positive way. They also provide breakfast with the opportunity to chat or debrief in the mornings , teach life skills including strategies to help cope with tough situations and the world around them, build positive relationships, cooking, budgeting and self- care.

We feel very passionate about the continuation of this vital project in the future years and are able to provide the 50% contribution to support this project in 2021.

Yours sincerely

Leona Rover

Treasurer

Page 147 | Attachment 15.3.1 215 Agenda Ordinary Council Meeting - 22 December 2020

15.4. Works associated with 180 Murray Avenue, Renmark 15.4. Works associated with 180 Murray Avenue, Renmark

Reporting Officer Tim Pfeiffer - Director Corporate and Community Services CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Local Government Act 1999 Attachments Nil

Recommendation: That Council release up to $15,000 of the $80,000 payment from Westpac to support a range of immediate works associated with the site and the expression of interest.

Purpose For Council to consider the release of up to $15,000 of the $80,000 payment from Westpac to support a range of works associated with the site and the expression of interest.

Background At the Special Council Meeting on 8 December 2020, Council resolved the following:

“That Council delegate authority to the Director Corporate & Community Services to accept the payment of $80,000 (+ GST) from Westpac Banking Corporation in lieu of rectification works and to execute all associated end of lease documentation.” (Council Resolution SC2020 – 32).

While the process to finalise the end of lease documentation is continuing, a small amount of funding is required to be released to support a range of works that needs to occur to support the security of the property in the immediate future and the next phase of the expression of interest process.

Analysis

A range of works is required in order to secure the site and progress the next phase of the expression of interest process. These minor works will include but not be limited to the following:  Security system – Some significant elements of the building’s alarm and security system will require replacement as parts of the existing system contains Westpac’s intellectual property and will be removed as part of the Make Good works.  Lighting – Most of the exterior security lighting requires replacement.  Locks – The locks on the residence will require replacement (the locks on the branch are to be replaced by Westpac as part of the approved Make Good works).  Doors – External doors with minor damage will need to be repaired.  Windows – External windows with minor damage will need to be repaired.  Expression of Interest – The expression of interest document has been drafted and is ready for issue. It is important to undertake a pre-market engagement process, which involves a soft market engagement, to confirm market interest, identify risks, develop the engagement process and validate potential uses. This part of the process needs to be funded, as it requires the use of a commercial experience skill set.

The release of up to $15,000 of the $80,000 payment from Westpac will support the delivery of these items.

Strategic Alignment 2 A Vibrant Economy CORE ACTIVITY - Ensure Renmark Paringa is an attractive region for new business

Page 148 | 215 Agenda Ordinary Council Meeting - 22 December 2020

and existing business looking to expand

4 A Positive Experience CORE ACTIVITY - Continuously improve our standard of service

Engagement Stakeholder Elected Members Staff

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source For budget consideration Current Budget Impact Future Budget Impact

Asset Management Impact

Relevant documents

Page 149 | 215 Agenda Ordinary Council Meeting - 22 December 2020

16. DIRECTOR INFRASTRUCTURE AND ENVIRONMENTAL SERVICES REPORTS

16.1. Local Roads and Community Infrastructure Funding 16.1. Local Roads and Community Infrastructure Funding

Reporting Officer Timothy Tol - Director Infrastructure and Environmental Services CEO/Director Timothy Tol - Director Infrastructure and Environmental Services Relevant Legislation Local Government Act 1999 Planning Development and Infrastructure Act 2016 Attachments Nil

Recommendation: That Council accepts the Local Roads and Community Infrastructure Program funding offer of $465,418 (exc GST) and that it is used to fund the Renmark Number 1 Oval Lighting Upgrade.

Purpose To seek Councils support to accept the additional Local Roads and Community Infrastructure funding available through the Federal Government and that it be used to fund the Renmark Number 1 Oval Lighting Upgrade.

Background On 22 May 2020 the Australian Government announced a new $500 million Local Roads and Community Infrastructure Program (LRCI Program).

Through the 2020–21 Budget, the Australian Government announced a $1 billion extension of the LRCI Program, following strong community and local government support. Under the LRCI Program Extension, Renmark Paringa Council will receive an additional funding allocation of $465,418.

This funding will be available from 1 January 2021, with the Program being extended until the end of 2021.

This program supports local councils to deliver priority local road and community infrastructure projects across Australia, supporting jobs and the resilience of local economies to help communities bounce back from the COVID-19 pandemic.

Program Guidelines and Grant Agreements are currently being drafted and will be provided in the coming weeks. In the meantime, Council is encouraged to consider projects to be nominated for funding under the Program Extension.

Whilst the program guidelines for the extension are yet to be received it is assumed the eligibility of projects will remain the same (or at least be very similar) to the previous funding rounds.

As such, eligible local road projects are projects that involve the construction or maintenance of roads managed by local governments. Local governments are encouraged to consider how works can support improved road safety outcomes.

This could include projects involving any of the following associated with a road:  traffic signs.  traffic control equipment.  street lighting equipment.  a bridge or tunnel.

Page 150 | 215 Agenda Ordinary Council Meeting - 22 December 2020

 a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station).  facilities off the road that support the visitor economy; and  road and sidewalk maintenance, where additional to normal capital works schedules.

Eligible community infrastructure projects are projects that involve the construction, maintenance and/or improvements to council-owned assets (including natural assets) that are generally accessible to the public. Projects that involve the construction, maintenance and/or improvements to state/territory and crown owned land/assets and Commonwealth owned land/assets, can also be eligible projects where the Council can confirm that they have the authority of the land or asset owner to undertake the project at the nominated site(s) and the sites are accessible to the public (including natural assets).

These projects must deliver benefits to the community, such as improved accessibility, visual amenity, and/or safety. Examples of eligible works include:  Closed Circuit TV (CCTV).  bicycle and walking paths.  painting or improvements to community facilities.  repairing and replacing fencing.  improved accessibility of community facilities and areas.  landscaping improvements, such as tree planting and beautification of roundabouts.  picnic shelters or barbeque facilities at community parks.  playgrounds and skate parks (including all ability playgrounds).  noise and vibration mitigation measures; and  off-road car parks (such as those at sporting grounds or parks).

To be considered an Eligible Project, projects also need to be additional to an Eligible Funding Recipient’s existing work plan for 2020-21. Projects that have been brought forward from post 2020-21 work plans will be considered additional. Projects will not be considered additional if Eligible Funding Recipients substitute LRCI Program funds for their own funding or other sources of funding.

The purpose of the LRCI Program funding is to enable Eligible Funding Recipients to undertake infrastructure projects additional to what they had planned to undertake using their own funds, to stimulate local economies and employment opportunities.

It is also noted that Council made the following resolution at its August 2020 meeting regarding the initial LRCI Program funding offer:

That Council accept the Local Roads and Community Infrastructure Program funding offer of $307,491 (exc GST) and that it is used to fund the Lyrup Sporting Complex ($80 000), the installation of safety lighting for the Dinghy Derby ($27 000) and 2 sections of the town riverfront, as detailed in Tonkin Consulting’s 2020 Wharf Report: - described as Ch 0 to Ch15 (option B - $160 000) and CH 15 to Ch 60 (Option B - $40 000).

Analysis Council staff have identified the following projects that may be eligible for the LRCI Program Extension funding:

Renmark Oval lighting Council have previously sought external funding for this project through the Office of Sport and Recreation Grassroots Football, Netball and Cricket funding but were unsuccessful in both Rounds 2 and 3.

Page 151 | 215 Agenda Ordinary Council Meeting - 22 December 2020

This project is not contained in Councils 2020/21 work plan.

Elected members will be aware that the Renmark Football Club has previously offered to contribute $50,000 towards this project, the football club has indicated this offer is still available.

Furthermore, the South Australian Cricket Association (SACA) has previously offered to contribute $40,000 towards this project, SACA has indicated this offer is still available.

As such, the total external funding available for this project would be $555,418. The initial estimated cost was $540,000 so the total funding available will provide a greater contingency and cover any unforeseen costs. If all the external funding was not required, then the contribution from the football club would be reduced accordingly.

Renmark Town Wharf (Section A) The estimated cost to upgrade the Renmark Town Wharf (Section A) is $2,000,000 and this project is subject to external funding being available to offset cost. However, a more appropriate external funding opportunity for this project may exist through the State Government's ‘Local Government Infrastructure Partnership Program’ which is detailed in report 16.2 of this agenda.

Renmark Paringa Cycleway The draft Infrastructure and Asset Management Plan (IAMP) has this project listed for completion in 2022/23 with an estimated cost of $380,000.

Council may wish to bring this project forward and use the grant funding for it but would need to find another project to make up the balance ($85,418).

Renmark Library Outdoor Community Hub The outdoor community hub at the Renmark Library is contained in the IAMP as a potential project subject to receiving external funding, the estimated cost for this project is $165,000.

Council may wish to bring this project forward and use the grant funding for it but would need to find another project to make up the balance ($300,418).

Heavy Vehicle Intersection Project Council has 7 intersections that concept plans have been developed as a result of the Heavy Vehicle Risk Analysis Project that were identified as high risk and were part funded through the MRLGA. The total estimated cost for these intersections is $2.1 million and they have been included in the IAMP for completion (subject to receiving external funding) in 2021/22 and 2022/23.

It should be noted that the Murraylands Riverland LGA are looking into funding opportunities for funding the upgrade of these intersections across the region. One such funding opportunity may be the Heavy Vehicle Safety and Productivity Program (HVSPP) which is an Australian Government initiative to fund infrastructure projects that improve the productivity and safety outcomes of heavy vehicle operations across Australia.

It is recommended that Council accept the funding offer through the Federal Government’s LRCI program and seek to allocate it to the upgrade of lighting at the Renmark Number 1 Oval. This is a project that Council have recently sought funding for on two previous occasions and will complement the other recent lighting upgrades at the tennis courts and soccer oval.

Page 152 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Strategic Alignment 3 A Sustainable Region 3.5 Responsibly manage our infrastructure 1 Community Health and Wellbeing CORE ACTIVITY - Assist sporting and community bodies to source funding for sporting and community facilities and programs

3 A Sustainable Region 3.5 Responsibly manage our infrastructure 3.5.1 Implement renewal and capital projects as documented in our Infrastructure and Asset Management Plans

Engagement Stakeholder N/A Elected Members N/A Staff N/A

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source For budget consideration Current Budget Impact Future Budget Impact

Asset Management Impact Refer to report

Relevant documents Nil

Page 153 | 215 Agenda Ordinary Council Meeting - 22 December 2020

16.2. Local Government Infrastructure Partnership Program 16.2. Local Government Infrastructure Partnership Program

Reporting Officer Terri Hentschke - Executive Assistant to Director Infrastructure and Environmental Services CEO/Director Timothy Tol - Director Infrastructure and Environmental Services Relevant Legislation Local Government Act 1999 Planning Development and Infrastructure Act 2016 Attachments Nil

Recommendation: That Council submit a funding application to the Local Government Infrastructure Partnership Program to upgrade the Renmark Town Wharf.

Purpose To seek Council support to lodge a funding application for the upgrade of the Renmark Town Wharf from the SA State Government’s ‘Local Government Infrastructure Partnership Program’.

Background The Local Government Infrastructure Partnership Program has been established to support Councils to accelerate spending on community infrastructure projects that contribute to the future economic growth of their region, support the Government’s Growth State agenda, or improve local infrastructure facilities for businesses and community organisations to enable them to grow in the future.

Under the program, the State Government will provide grants to councils for up to 50 per cent of the cost of approved infrastructure projects. Councils will fund the remaining 50 per cent either through their own reserves or borrowings. Infrastructure projects can include other funding partners, including the Commonwealth Government and/or local businesses. The total State Government contribution to the program is up to $100 million and is expected to result in a total program of at least $200 million in infrastructure investment.

Grant payments will be made to eligible local councils in line with key project milestones and as agreed with local councils in grant agreements.

The program is being administered by the Department of Treasury and Finance (DTF). DTF will consult with the Office for Local Government (OLG) in assessing proposals.

The following are eligible to apply for Local Government Infrastructure Partnership Program support:  Any council (as constituted under the Local Government Act 1999) can apply for program support.  Two or more councils may jointly apply for a single or related group of projects located across council boundaries, provided that the respective financing contributions of each council is agreed and documented between the applicable councils and both councils have the necessary authorities.  Councils may submit applications for more than one project.

Page 154 | 215 Agenda Ordinary Council Meeting - 22 December 2020

To be eligible for funding:  Proposed infrastructure projects must contribute to the future economic growth of the region, support the Government’s Growth State agenda, improve local infrastructure, facilities for businesses and community organisations to enable them to grow in the future or include upgrades to key community facilities.

Eligible infrastructure projects may include construction or major renewal, replacement or upgrades to community facilities including improved road access, energy, water and storm water infrastructure, tourism facilities, arts and cultural facilities (performance spaces, museums and galleries), the construction of affordable housing that supports attracting key workers, community centres (civic centres, libraries, lifelong learning facilities), early childhood and family support facilities (child care and preschool), education facilities, health facilities (community aged care, rehabilitation, primary care, private, diagnostics and screening), or sport and recreation (indoor and outdoor spaces and facilities including gyms, swimming pools, park infrastructure and walking and cycling paths).  Proposed infrastructure projects must not be in Council’s existing 12‑month budget. This does not preclude a further stage of a development being eligible where the council can demonstrate that that stage is not scheduled to commence and has yet to source sufficient funding.  Infrastructure funded through other State Government programs, for example. through Recreation and Sport grants or through grants from the Planning and Development Fund are not eligible for funding under this program. Infrastructure currently funded from Commonwealth grants are also not eligible for example, a project already funded from local government and Commonwealth funding.  Eligible projects can include contributions from third parties, for example from a sporting/community club towards an upgrade of the facilities or Commonwealth Government funding. The State Government’s contribution would be up to 50 per cent of the balance of the funding required once the third-party contribution(s) is considered.  Councils must demonstrate that the project expenditure will be in addition to existing expenditure plans and there is no offsetting reduction in planned other capital expenditure in 2020-21 and 2021-22.  Councils must be able to commence construction within 12 months of approval of the application for funding (i.e. be shovel ready, not commence the planning/design phase).  Councils must maximise the use of local contractors during the construction phase.  All other things being equal, councils that have supported ratepayers during COVID- 19, including through the provision of rate rebates and reductions (as distinct from temporary postponement of rates), will be given preference.  Projects must have a GST exclusive cost of at least $1 million. This amount may comprise, for example: o a single project/program (for example a library, a single road segment); o a group of different but related projects (for example redevelopment of community facilities clustered in a single location); o a group of projects of a similar nature that can be packaged as a single program (for example small road projects in different sites within the local government area which requires major periodic renewal).

While there is no maximum project size, depending on the level of application, the Treasurer may decline a project, seek staging of a project, or offer a lower grant to ensure more Councils are able to participate in the program.

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Ineligible projects The following types of infrastructure projects will not be eligible for program support:  Projects that are included in Council’s 2020-21 budget  Projects that have commenced or are scheduled to substantially commence before 30 June 2021  Projects that are for routine asset maintenance  Projects relating to Council administrative premises  Projects which largely result in commercial profits to private parties (for example construction of a retail shopping centre).

Assessment and approval The Department of Treasury and Finance (DTF), in consultation with the OLG, will assess applications against the eligibility criteria. Final decisions as to which projects will be supported through the program will be made by the Treasurer.

Applicants will be notified of final decisions by 19 March 2021.

Successful applicants will be required to sign a Grant Agreement with the Treasurer stipulating obligations of the applicant and the conditions under which assistance is given.

How to Apply Council will be required to provide:  a Business Case of the proposed project, including o demonstrating how the proposed project will contribute to the future economic growth of the region, supports the Government’s Growth State agenda, or improves local infrastructure facilities for businesses and community organisations to enable them to grow into the future or improved community facilities o cashflow projections for the construction phase and supporting documentation o details of project financing o evidence of the council’s capacity to meet the ongoing costs associated with any new/upgraded infrastructure  a project delivery timetable that includes provision for necessary approvals and market approach (where applicable) to demonstrate that project construction will commence within 12 months of approval of the grant  evidence that the proposed project expenditure will be in addition to existing expenditure plans and there is no offsetting reduction in planned other capital expenditure in 2020-21 and 2021-22 (i.e. that there will be a gross increase in capital expenditure due to program support)  information on how the project will maximise employment for South Australian residents and an undertaking to maximise the use of local contractors during the construction phase  where two or more councils are jointly applying, documentation supporting the agreed financing contributions of each council  information on how council supported ratepayers during COVID-19 (for example through the provision of rate rebates or reductions)  any other supporting project documentation as requested in the online application form.

Closing Date Applications close 29 January 2021. Applicants will be notified of final decisions by 19 March 2021.

Page 156 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Analysis Council has recently considered several options regarding the renewal of the Renmark Town Wharf at the Asset and Lease Committee meeting held in August, as well as during the informal gathering prior to the September Ordinary meeting of Council culminating in the following resolution at the September Council meeting:

That Council receives the Renmark Town Wharf Condition Assessment and Options Paper and resolves:  The renewal of Section A (Ch 60 to Ch 291) of the Renmark Town Wharf to include the construction of new steel sheet pile in front and provide concrete cap  Include the Renewal of the Renmark Town Wharf (Section A) at an estimated value of $2,000,000 in the draft Infrastructure and Asset Management Plan commencing in 2021/22.

It is also noted that Sections B & C of the Renmark Town Wharf will be funded through the Local Roads and Community Infrastructure Program as per the following resolution of Council at its August meeting:

As a result of the above resolutions detailed designs are being developed by Tonkin Consulting and they are expected to be completed early in 2021.

The only other project(s) that Council could consider to be eligible for this funding opportunity are the Heavy Vehicle Intersection Upgrades (total value of $2.1 million) that are currently staged in the Infrastructure and Asset Management Plan (IAMP) over 2021/22 and 2022/23. However detailed designs for the intersections are yet to be commenced and there is no capacity to commence them in 2020/21.

Similarly, future stages of the Urban Design Framework also need detailed designs that would need to be completed before being considered for this funding opportunity.

The Renmark Town Wharf (Section A) is the only Council project that could be shovel ready for commencement in 2021 and be of a value of over $1 million.

It is recommended that Council support a submission for funding through the Local Government Infrastructure Partnership Program for the Renmark Town Wharf (Section A).

Strategic Alignment 2 A Vibrant Economy CORE ACTIVITY - Maintain and enhance infrastructure and amenities to ensure our appeal to national and international tourists

3 A Sustainable Region 3.5 Responsibly manage our infrastructure 3.5.1 Implement renewal and capital projects as documented in our Infrastructure and Asset Management Plans

Page 157 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Engagement Stakeholder N/A Elected Members N/A Staff N/A

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source For budget consideration Current Budget Impact Future Budget Impact

Asset Management Impact Refer to report

Relevant documents Nil

Page 158 | 215 Agenda Ordinary Council Meeting - 22 December 2020

16.3. Thurk Street Footpath 16.3. Thurk Street Footpath

Recommendation: That Council receive the report titled ‘Thurk Street Footpath’.

Purpose To provide a cost estimate for potential footpath upgrade in Thurk Street Renmark.

Background The following motion without notice was resolved by Council at its October 2020 meeting:

That staff prepare a costing report to present to Council in relation to the paving at the Renmark Medical Clinic on Thurk Street.

Analysis Council staff sought a quote from a local contractor to assist with providing a cost estimate.

The works required would include:  Eight (8) new stormwater outlets  Removing existing pavers  Lay 240m2 interlocking pavers (paving the full width of the footpath).  Install one 2.4-metre-wide pram ramp.

The estimated cost for the above works is $35,000.

It should be noted that quotes have been sought to complete the ‘Footpath Defect/Condition Audit’. This will be awarded to the preferred tenderer prior to Christmas with the audit to be completed in the first quarter of 2021. The aim of this project is to ascertain an overall appreciation of the maintenance requirements of the entire footpath network and to prioritise required works.

It may be prudent to await the outcome of the audit prior to committing to any footpath works.

If Council wishes to proceed with the footpath replacement in Thurk Street in 2020/21 then it is recommended a similar type/sized project is removed/deferred from the capital works program as Council staff resources are at capacity.

Strategic Alignment 3 A Sustainable Region 3.5 Responsibly manage our infrastructure 3.5.1 Implement renewal and capital projects as documented in our Infrastructure and Asset Management Plans

Page 159 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Engagement Stakeholder N/A Elected Members N/A Staff N/A

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source For budget consideration Current Budget Impact Future Budget Impact

Asset Management Impact Refer to report

Relevant documents Nil

Page 160 | 215 Agenda Ordinary Council Meeting - 22 December 2020

16.4. Dridan Avenue Footpath 16.4. Dridan Avenue Footpath

Recommendation: That Council receive the report titled ‘Dridan Avenue Footpath’

Purpose To provide a report on investigations undertaken as a result of a motion without notice.

Background The following motion without notice was resolved at Councils November 2020 meeting:

In line with Council's Disability Access and Inclusion Plan staff investigate as a matter of urgency to repair the pathway along Dridan Avenue towards 20th Street.

Analysis The main issue in Dridan Avenue heading towards 20th Street appears to be the state of the kerb which was damaged by a tree that has recently been removed. The footpath surface could also be improved.

Regarding disability access the main issue appears to be the remaining tree in the footpath which blocks a proportion of the footpath. The tree is quite significant in size and whilst it is damaging the adjacent kerb it also adds to the amenity of this section of Dridan Avenue.

There are several options that Council may consider in this locality.

Option 1  Replace 15 metres of kerb following removal of tree. The estimated cost is $4,000.  This work is already planned and expected to be completed in January 2021 and as such can be funded from the existing maintenance budget.

Option 2  Replace 35m kerb following removal of tree. The estimated cost is $9,000.  This would ensure that the kerb will work correctly following works however has the risk of tree causing damage to new kerb.  This can be funded from existing maintenance budget but will impact other maintenance tasks.

Option 3  Replace 35m kerb following removal of tree and remove an additional 1 x red gum tree. The estimated cost is $10,000.  This would ensure that kerb would work correctly however would result in losing a large mature tree.  This can be funded from existing maintenance budget but will impact other maintenance tasks.

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Option 4  Re-sheet 100m of footpath with crusher dust. The estimated cost is $8,500.  This would ensure that the footpath is provided to a high standard free of trip/ slip hazards  This can be funded from existing maintenance budget but will impact other maintenance tasks.

It is recommended that Option 1 is undertaken as planned as Council only has a very tight footpath maintenance budget that staff try to share evenly over many reported defects across the network. Many of these reported defects are present in areas of town with much higher volumes and frequency of use such as the Renmark and Paringa CBD areas.

Strategic Alignment 3 A Sustainable Region 3.5 Responsibly manage our infrastructure 3.5.1 Implement renewal and capital projects as documented in our Infrastructure and Asset Management Plans

Engagement Stakeholder N/A Elected Members N/A Staff N/A

Risk Management Consideration No risk assessment has been carried out at this stage in Skytrust

Financial Implications Budget Source For budget consideration Current Budget Impact Future Budget Impact

Asset Management Impact Refer to report

Relevant documents Nil

Page 162 | 215 Agenda Ordinary Council Meeting - 22 December 2020

17. INFORMATION ONLY REPORTS

17.1. Chief Executive Officer

17.1.1. Chief Executive Officer's monthly activities

Reporting Officer Julie Gregurec - Executive Assistant to Chief Executive Officer and Mayor CEO/Director Tony Siviour - Chief Executive Officer Relevant Legislation Nil Attachments Nil

Purpose To provide Elected Members with a record of the Chief Executive Officer’s monthly activities.

Background 17/11/20 Weekly meeting with Executive Assistant to Chief Executive Officer (CEO) & Mayor Weekly meeting with Mayor Martinson Weekly meeting with Economic Development Officer (EDO) Local Govt. Functional Support Group (LGFSG) Operational Briefing via webinar Economic Development Initiatives briefing to Elected Members

18/11/20 Meeting with Directors re: November council meeting agenda LGFSG Operational briefing via webinar

19/11/20 COVID-19 response team meeting Weekly meeting with Director Corporate & Community Services (DCCS) Weekly meeting with Director Infrastructure & Environmental Services (DIES) LGFSG Operational briefing via webinar Meeting with EDO re: Jane Eliza

20/11/20 LGFSG Operational briefing via webinar COVID-19 response team meeting

21/11/20 LGFSG Operational briefing via zoom

23/11/20 COVID-19 response team meeting via zoom Weekly meeting with EA Weekly meeting with Mayor Martinson LGFSG Operational briefing via zoom

24/11/20 Weekly meeting with EDO

25/11/20 LGFSG Operational briefing via zoom

Page 163 | 215 Agenda Ordinary Council Meeting - 22 December 2020

26/11/20 COVID-19 response team meeting via zoom Weekly Executive Leadership Team (ELT) meeting via zoom November council meeting agenda overview with Mayor Martinson and Directors Weekly meeting with DIES Weekly meeting with DCCS Meeting with Alinea representatives via zoom and EDO - Jane Eliza Development Riverland Council’s CEO’s meeting via zoom - ICT Strategy Informal Gathering of Council November Ordinary Council meeting

27/11/20 Budget Levers monthly meeting with appropriate staff

1/12/20 Meeting with Alinea group via zoom - Jane Eliza Development Weekly meeting with EA Weekly meeting with Mayor Martinson Weekly meeting with EDO

2/12/20 G3 Alliance meeting in Loxton Taylor Riverfront Precinct inspection

3/12/20 Weekly ELT meeting Weekly meeting with DIES Weekly meeting with DCCS

4/12/20 Local Govt. Research & Development Scheme Advisory Committee meeting via zoom

7/12/20 Weekly meeting with EA Weekly meeting with Mayor Martinson

8/12/20 Mental Health First Aid course (8-9/12/20) Special Council meeting Budget Levers Workshop

9/12/20 Monthly meeting with Directors and Elected Members

10/12/20 Weekly ELT meeting Weekly meeting with DIES Weekly meeting with DCCS

11/12/20 Meeting with private developers: various housing projects

Page 164 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Continuously improve our standard of service

Page 165 | 215 Agenda Ordinary Council Meeting - 22 December 2020

17.1.2. Council Resolution Action report

Reporting Officer Julie Gregurec - Executive Assistant to Chief Executive Officer and Mayor CEO/Director Tony Siviour - Chief Executive Officer Relevant Legislation Nil Attachments 1. Council Resolution Action Dec Report [17.1.2.1 - 2 pages] 2. Completed resolutions report Dec 2020 [17.1.2.2 - 6 pages] 3. Outstanding resolutions report Dec 20 [17.1.2.3 - 7 pages]

Purpose To provide Council with an update of the actions taken following Council resolutions.

Background A table summarising the progress of resolutions passed at previous meetings of Council can be found in the following reports

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Continuously improve our standard of service

Page 166 | 215 COUNCIL RESOLUTION ACTION REPORT - DECEMBER 2020

COUNCIL MEETING MINUTE NUMBER AND RESOLUTION DETAILS DEPT. ACTION COMMENTS STATUS DATE Outstanding Council Resolutions 2019 18/11 - 'Lay on Table' register updated. Start up meeting held with interested party held 5/11. 19/2/20 - CEO & Economic Development Officer met consultant team in Adelaide to prepare briefing for Council on current progress. 24/3/20 - Presentation conducted to Elected Members via zoom. 12/5/20 - Further project presentation update 8.1.1 - ABP Project 2.1 18/19 Jane Eliza Commercial Marina & Special Council meeting 5 provided to Elected Members via zoom. Boat Slip - Business Case Executive Services IN PROGRESS November 2019 18/5/20 - Small Craft Marina works Refer to Special Council meeting minutes 5/11/19 completed. Additional berths filled at Lock 5. Temporary visitor houseboat areas near Jarrett Memorial Gardens engineering specs completed. 16/6/20 - Site exploration drilling completed. 20/7/20 - EOI for building and installation to be distributed this week. 12/10/20 - Engineering & design issues are yet to be resolved. 14/12/20 - Report to December 2020.

Page 167 | Attachment 17.1.2.1 215 12.1 Lease Committee - minutes of meeting held 30 July 2019 10/6/20 – Adam Property Coordinator has Item 11.2 Riverland Woodworkers Group been given the go ahead from the Principal That Council endorse the recommendation from the Lease for this agreement and is in the process of Committee meeting held 30 July 2019 being: drafting the legal request to go to their That the Lease Committee endorses: solicitors to create the new agreement. a) administration to write to the Minister for Education (the 17/7/20 – At the crown solicitors office for Ordinary Council meeting Minister) seeking an extension of the lease at a cost of $10 per Corporate Services drafting IN PROGRESS 27 August 2019 annum for the land and the Old Renmark High School Craft 17/8/20 – Have been advised by the Property building (the Premises) for 11 years per Clause 14. Coordinator that there is no further update b) the Riverland Woodworkers Group continue to operate and they will aim to have it finalised in the under a monthly rental arrangement per Clause 5.10 of their coming weeks. lease agreement with Council, until the outcome of the lease 13/10/20 – Draft lease has been received with the Minister for Education is known to Council, at which from the Minister, lease will be prepared for time a recommendation will be made to the Committee. the Riverland Woodworkers.

Page 168 | Attachment 17.1.2.1 215 Completed Actions

Action Register

Search Criteria

Showing Completed Items: Yes - Completed Actions Only Applied Filters

Date Completed Range: 17th Nov 2020 to 14th Dec 2020 Start Meeting Date: 17th Dec 2019 End Meeting Date: 14th Dec 2020 Action Statuses: Completed

Meeting Types: Asset and Lease Committee Meeting, Audit Committee Meeting, Lease Committee Meeting, Ordinary Council Meeting, Special Council Meeting

Generated By: Julie Gregurec Generated On: 14/12/2020 at 1:00pm

Action Register 14/12/2020 1:30 PM Page 1 Page 169 | Attachment 17.1.2.2 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken (Overdue)

28/07/2020 Ordinary 15.3 Committee Completed That Council: Ashleigh 17/08/2020 Julie Gregurec 24/11/2020 Council Membership 1. Appoint Cr Sim Singh-Malhi as a member of the Baker, Meeting - Asset & Lease committee and Policy Review committee Shannon 1. Asset & Lease committee and Policy 28 July 2. Accept Cr Sim Singh-Malhi's resignation from the Baxter Review committee terms of references 2020 Audit committee updated 3. Appoint Cr Henry DuRieu as a member of the Audit 2. Audit committee terms of reference committee updated 4. Request that the administration provide options for 3. Audit committee terms of reference managing assets and leases related business and the updated revocation of the Asset & Lease committee. 4. Administration currently examining options.

16/10/2020 Ashleigh Baker

Report to be tabled at November 2020 Ordinary Council Meeting.

25/08/2020 Ordinary 10.2 Notice of Completed That Council accept the Local Roads and Community Anthony 31/08/2020 Shannon Baxter 18/11/2020 Council Motion - Local Infrastructure Program funding offer of $307,491 (exc Pickering, Request for variation sent to funding body. Meeting - Roads & GST) and that is is used to fund the Lyrup Sporting Shannon 25 August Community Complex ($80,000), the installation of safety lighting for Baxter, Tim 2020 Infrastructure the Dinghy Derby ($27,000) and 2 sections of the town Pfeiffer, Program riverfront, as detailed in Tonkin Consulting's 2020 Timothy Tol Wharf Report:- described as Ch 0 to Ch 15 (option B - $160,000) and Ch 15 to Ch 60 (Option B - $40,000).

25/08/2020 Ordinary 15.2 Christmas on Completed That Council: Ashleigh 31/08/2020 Ashleigh Baker 09/12/2020 Council the Murray 1. Do not hold a pageant, fireworks or laser light display Baker, Karen Meeting - as part of the 2020 Christmas celebrations, and Wetherall, Elected Members and Staff were advised, a 25 August 2. Recommend that staff investigate different ways for Sue call for suggestions was requested. The 2020 Council to celebrate Christmas with the community. Whitbourne Events Team and Community Development will review.

7/10/2020 Karen Wetherall

Staff have met and are considering options, Community Development Team has planned to work with Library staff to provide programming specific to Christmas and will assist the Events Team in running an event.

12/11/2020 Ashleigh Baker

The following events and activities are currently being planned:

Action Register 14/12/2020 1:30 PM Page 2 Page 170 | Attachment 17.1.2.2 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken (Overdue)

 Twilight Christmas Gift Markets: To be held in Jarrett Memorial Park on Saturday 12 and Sunday 13 December. The markets will operate from 4pm to 9 pm in a fully fenced area with contact tracing details being taken upon entry. The markets will focus on niche and bespoke Christmas gifts and will include food stalls a visit from Santa and potentially some Christmas entertainment.

 Outdoor Cinema: To compliment the Christmas Gift Markets, an open air cinema will be set up in an adjacent area of Jarrett (in a separate fenced area). The cinema will be ticketed (but free) and also operate on Saturday 12 and Sunday 13 December with two screenings per evening at 6pm and 8.30pm. Movies will be selected in the next few days.

 Christmas Crafts: From Tuesday 15 December to Friday 18 December (inclusive), the Library will be holding Christmas craft sessions for children. The sessions will include decorating Christmas biscuits, snow globes and snowflake fairy lights. The sessions will be free but limited to 20 children per session with bookings essential. Two sessions will be run on each date, with Friday being set aside for children who attend Renmark Out of School Hours Care. Community

Action Register 14/12/2020 1:30 PM Page 3 Page 171 | Attachment 17.1.2.2 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken (Overdue)

Development Team and Library staff have worked together to program, promote and deliver the activities to celebrate Christmas.

9/12/2020 Ashleigh Baker

Due to the recent COVID-19 lockdown, the Twilight Christmas Gift Markers and Outdoor Cinema will not go ahead. However, the Christmas Crafts will continue.

27/10/2020 Ordinary 10.1 Relocation of 2 Completed That the two Gleditsia Tricanthos, which have been Tarik Wolf 16/11/2020 Terri Hentschke 10/12/2020 Council trees at Taylor planted closest to our significant Norfolk Pine tree Tree planting has been scheduled for the Meeting - Riverfront (closest to Murray Avenue) on the Taylor Riverfront completion as the on-site works schedule 27 October Precinct - Cr Development be relocated. 2020 Hunter allows.

10/12/2020 Julie Gregurec

Trees relocated.

27/10/2020 Ordinary 19.0 General Completed That Council put forward Cr Du Rieu as a candidate to Julie 17/11/2020 Julie Gregurec 10/12/2020 Council Business be the Local Government representative on the Gregurec, Awaiting on DCLW decision on this matter. Meeting - Destination Riverland Board. Tony Siviour 27 October 2020 4/12/2020 Julie Gregurec Three representatives have been nominated from the individual councils, a survey monkey will be sent to all Riverland elected members to vote for their preferred candidate.

10/12/2020 Julie Gregurec

Survey Monkey link sent to all Riverland and Mid-Murray Councils Elected Members, to complete survey by COB 11/12/20. Results will be forwarded to Destination Riverland week commencing 14/12/20.

Action Register 14/12/2020 1:30 PM Page 4 Page 172 | Attachment 17.1.2.2 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken (Overdue)

05/11/2020 Audit 11.1 Audited Completed Please action as per resolution. Ashleigh 9/12/2020 Ashleigh Baker 09/12/2020 Committee Financial Baker Meeting - 5 Statements Financial Statements have been signed and November included within the Annual Report. 2020

05/11/2020 Audit 11.2 Debt Recovery Completed Please action as per resolution. Ashleigh 2/12/2020 Ashleigh Baker 02/12/2020 Committee Policy Baker Meeting - 5 Policy has been updated on website and November policy register. 2020

05/11/2020 Audit 11.3 Internal Completed Please action as per resolution. Ashleigh 2/12/2020 Ashleigh Baker 02/12/2020 Committee Financial Baker Meeting - 5 Controls Policy Policy has been updated on the website and November register. 2020

26/11/2020 Ordinary 1.2 Jane Eliza Completed That Council agree to terminate the Jane Eliza Solar Tony Siviour 10/12/2020 Julie Gregurec 10/12/2020 Council Solar Farm - Farm project Ground Lease and Development Services Letter sent to AKUO advising of Council's Meeting - Exclusion Agreement with Jane Eliza Solar Farm Pty Ltd and resolution emailed 27/11/20. 26 motion advise Akuo Energy that Council has no interest in November taking ownership of the Special Purpose Vehicle - Jane 2020 Eliza Solar Farm Pty Ltd.

Further that Council agree to receive the intellectual property from the Jane Eliza Solar Farm project from Akuo Energy Pty Ltd (Akuo) at no cost.

26/11/2020 Ordinary 1.3 Policy Review Completed That the minutes of the Policy Review Committee Ashleigh 3/12/2020 Ashleigh Baker 03/12/2020 Council Committee - 11 meeting held on 11 November 2020 be noted and the Baker Policies updated. Meeting - November following recommendations adopted; 26 2020 PRC2020–38 Prudential Management Policy November PRC2020–34 Cemetery Policy 2020 PRC2020–35 Road and Public Place Naming Policy PRC2020-36 Policy Workplan PRC2020-37 Building Inspection Policy.

26/11/2020 Ordinary 15.2 Annual Report - Completed That pursuant to Section 131 (1) of the Local Ashleigh 7/12/2020 Stephanie Coughlin 12/12/2020 Council 2019/20 Government Act 1999 and subject to the inclusion of the Baker, Meeting - following alterations (if any), Council adopts the

Action Register 14/12/2020 1:30 PM Page 5 Page 173 | Attachment 17.1.2.2 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken (Overdue)

26 Renmark Paringa Council Annual Report 2018/19, Stephanie Final version has been uploaded to Council's November including the audited financial statements, for the year Coughlin website and printed copies are to be 2020 ending 30 June 2020. collected from printers.

10/12/2020 Ashleigh Baker

Hard copy has been sent to State Library edeposited online to State Library of South Australia.

26/11/2020 Ordinary 15.3 Grants Completed That Council appoints Councillor Hunter to the Renmark Emma 7/12/2020 Emma Warner 07/12/2020 Council Assessment Paringa Council Grants Assessment Panel Warner, Meeting - Panel Stephanie Action has been noted, Cr Hunter is now a 26 Appointments Coughlin member of the Grants Assessment Panel. November 2020

26/11/2020 Ordinary 15.4 First Quarter Completed That Council: Anthony 7/12/2020 Anthony Pickering 09/12/2020 Council Budget Review 1. Receives the report; Pickering, Budget loaded into Synergy Meeting - 2. Considers the Operating Budget adjustments Derek 26 as at 30 September 2020 and adopt the Martinson November amendments, giving Council a projected 2020 operating deficit of $680,000; 3. Considers the Capital Expenditure Budget adjustments of $3.13m as at 30 September 2020 and adopt the amendments.

Action Register 14/12/2020 1:30 PM Page 6 Page 174 | Attachment 17.1.2.2 215 Outstanding Actions

Action Register

Search Criteria

Showing Completed Items: No Applied Filters

Start Meeting Date: 17th Dec 2019 End Meeting Date: 14th Dec 2020 Action Statuses: Not yet started, In Progress, Awaiting Internal Response, Awaiting External Response, Budget approval pending, On Hold, Advertised, Hold Release

Meeting Types: Asset and Lease Committee Meeting, Landcare Committee Meeting, Ordinary Council Meeting, Policy Review Committee Meeting, Special Council Meeting, Tourism and Events Committee Meeting

Generated By: Julie Gregurec Generated On: 14/12/2020 at 12:15pm

Action Register 14/12/2020 12:45 PM Page 1 Page 175 | Attachment 17.1.2.3 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken Due Date (Overdue)

24/03/2020 Ordinary 16.2 Future of the In That Council; Tim Pfeiffer 16/06/2020 Ashleigh Baker 14/12/2020 Council Council Property Progress 1. endorse an approach to the market through an expression of Meeting - 24 at 180 Murray interest in order to determine a potential innovative long term Procurement process has been March 2020 Avenue, future use of the property at 180 Murray Street (Certificate of undertaking to appoint a Renmark Title Volume 5502, Folio 136) consultant to assist with the 2. allocate $10,000 to support the cost associated with development of Expression of developing an expression of interest Interest documentation. 3. acknowledge that options including expressions of interest The consultant has been will be subject to public consultation. appointed and will commence work in the near future.

20/10/2020 Julie Gregurec

The consultant has completed the Expression of Interest documentation for issuing out to the market.

12/11/2020 Ashleigh Baker

Public consultation will commence soon.

9/12/2020 Ashleigh Baker

Public Consultation commenced 2 December and will close 24 December 2020.

28/04/2020 Ordinary 17.4 Bookmark In That Council resolve to support the construction of a pedestrian Shannon 18/05/2020 Shannon Baxter 23/12/2020 Council Creek Progress and bicycle footbridge to provide year round access over Baxter, DPTI have commenced designing Meeting - 28 Pedestrian Bookmark and Salt Creek furthermore staff conduct research Timothy Tol the footbridge April 2020 Access on seeking grant funding and lobbying Federal Government to complete the pedestrian access, noting that the Department of 9/06/2020 Shannon Baxter Planning, Transport and Infrastructure is the delivery agency for the project. No further update to provide

17/08/2020 Shannon Baxter

No further updated to provide

10/09/2020 Timothy Tol

Contacted DPTI to follow up status of detailed designs.

Action Register 14/12/2020 12:45 PM Page 2 Page 176 | Attachment 17.1.2.3 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken Due Date (Overdue)

8/10/2020 Timothy Tol

Draft designs for the footbridge and path have been reviewed by Council staff and comments referred to DIT. It is expected cost estimates and final designs will be available for Councils consideration by the end of 2020.

25/08/2020 Ordinary 15.3 Rivafest 2021 In That Council postpones the Rivafest 2021 event, allowing the Ashleigh 9/09/2020 Ashleigh Baker 31/01/2021 Council Progress Events Team the opportunity to investigate alternate event Baker, Sue Meeting - 25 formats and timing while continuing to monitor the evolution of Whitbourne The Events Team will continue to August 2020 COVID-19 directions relating to events. monitor COVID-19 Directions to determine the next steps.

15/10/2020 Ashleigh Baker

The Events Teams are continually monitoring COVID-19 Directions.

25/08/2020 Ordinary 16.1 Lyrup Cemetery In That Council resolve that its community consultation for the Karen 10/09/2020 Timothy Tol 12/02/2021 Council Improvements Progress Lyrup Cemetery improvements project be to engage with the Wetherall, Staff are meeting on 21/9/20 to Meeting - 25 Project ‘Lyrup Progress Association’ to enable Council staff and the local Shannon determine cost estimates/schedule August 2020 community to propose a scope of works that will be within the Baxter, for the various elements and budget of $66,000. Timothy Tol options

15/10/2020 Timothy Tol

Cost estimates are being finalised prior to consultation with Lyrup Progress Association.

25/08/2020 Ordinary 16.2 Paringa Town In That Council: Karen 10/09/2020 Timothy Tol 12/02/2021 Council Centre Progress 1. Seek cost estimates for the following elements of Wetherall, Meeting - 25 Revitalisation the Paringa Town Centre Revitalisation: Shannon Staff are meeting on 21/9/20 to August 2020 1. The Median Strip (Murtho Road Median) Baxter, Tarik determine cost estimates/schedule 2. Town Centre Wolf, Timothy for the various elements and 3. Sturt Highway Tol options available. 4. Tourist Information Bay, and 5. Pauline Street Toilets 15/10/2020 Timothy Tol

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2. Note that several options may be considered, with cost Cost estimates are being finalised estimates, for the above elements prior to consultation process. 3. The cost estimates and options are presented to the community and presented back to Council.

25/08/2020 Ordinary 16.7 Argo Barge - Awaiting That Council endorses expenditure up to $1,500 ex GST for the Shannon 10/09/2020 Tarik Wolf 12/02/2021 Council Paint External donation of paint and oil to Olivewood Museum for volunteers of Baxter, Tarik 10/09/2020 - MID has made Meeting - 25 Response the Olivewood Museum to paint the Argo Barge. Wolf August 2020 contact with Olivewood Museum staff to arrange the supply of materials. Olivewood Museum staff have indicated that they are not yet ready to paint the barge and will get in touch when paint/ oil is required.

22/09/2020 Ordinary 15.1 Recreational In Refer to OCM Minutes 22.9.20 - Council resolution OC2020 - Sue 12/10/2020 Ashleigh Baker 28/12/2020 Council Vehicles & Progress 199 Whitbourne, Meeting - 22 Camping - By Tarik Wolf Drafting Terms and Conditions. September Law No 2 - 2020 Local 12/11/2020 Ashleigh Baker Government Gazette Notice scheduled for 12 Land Nov 2020. Murray Pioneer Notice scheduled for 18 Nov 2020. Fees and Charges now updated.

24/09/2020 Special 7.1 Donations In That the Policy Review Committee recommend that Council Emma 23/11/2020 Emma Warner 15/01/2021 Policy Review Progress authorise the administration to negotiate service contracts with Warner, Review the Renmark Lions Club, Renmark Rotary Club and Renmark Karen Karen Wetherall commenced Committee Tintra Lawn Tennis Club. Wetherall, discussions with corporate Meeting - 24 Stephanie services team, WHS/risk officer September Coughlin, and DIES team regarding 2020 Terri appropriate way to capture this Hentschke agreement. Community Development Officer and DIES EA are working through the requirements with corporate services officer - property and WHS/Risk officer of what is required to be included in

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agreement including contractor requirements, WHS requirements.

7/12/2020 Emma Warner

Discussion between Community Development Officer and DIES EA regarding current status, DIES team have now taken over the project and will work with the relevant community groups.

9/12/2020 Terri Hentschke

DIES team will progress with arranging MOU or similar early 2021.

27/10/2020 Ordinary 14.2 2021 January In That Council pursuant to Section 81(1) Local Government Act Ashleigh 16/11/2020 Julie Gregurec 01/01/2021 Council Ordinary Progress 1999 resolve the date of the Ordinary meeting of Council in Baker, Julie Advert to be placed in Murray Meeting - 27 Council meeting January 2021 be rescheduled to Tuesday 19 January 2021 Gregurec Pioneer edition 23/12/20. October commencing at 7pm. 2020

27/10/2020 Ordinary 14.3 Calperum In That Council instruct staff to obtain a fee proposal to undertake Tarik Wolf, 11/12/2020 Timothy Tol 01/01/2021 Council Industrial Estate Progress a stormwater management study of Calperum Industrial Estate Timothy Tol, Request for quote process to Meeting - 27 - sale of land for consideration in the 2021-2022 Annual Business Plan. Tony Siviour October and stormwater commence this project has 2020 design commenced with quotes to be received up to 22 December 2020. It is expected the project will commence early in 2021.

27/10/2020 Ordinary 16.2 Renmark CBD - In That Council support the installation of bike racks at the following Tarik Wolf 16/11/2020 Terri Hentschke 01/01/2021 Council Bike Racks Progress locations: Installation has been scheduled Meeting - 27  Visitor Information Centre for January 2020/21. October  Bank SA/Taylor Riverfront Precinct 2020  Town Toilet/Clock  Renmark Club  Lions Park

Action Register 14/12/2020 12:45 PM Page 5 Page 179 | Attachment 17.1.2.3 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken Due Date (Overdue)

27/10/2020 Ordinary 18.1 Motions without In That staff prepare a costing report to present to Council in Tarik Wolf, 17/11/2020 Terri Hentschke 31/12/2020 Council Notice Progress relation to the paving at the Renmark Medical Clinic on Thurk Terri Council staff have sought a quote Meeting - 27 Street. Hentschke October for this work and are waiting for a 2020 response.

9/12/2020 Terri Hentschke

Refer to report included in the December 2020 Council Meeting agenda.

26/11/2020 Ordinary 1.1 Asset and Not yet That Council item ALC2020-21 - Sealed Road Maintenance Tarik Wolf, 11/12/2020 Timothy Tol 22/01/2021 Council Lease started Improvements lay on the table until a full and proper discussion Terri Budget levers informal gathering Meeting - 26 Committee in relation to budget levers to reduce the deficit is agreed. Hentschke, November Meeting - 2 Timothy Tol occurred on 8 December 2020. 2020 November 2020

26/11/2020 Ordinary 16.1 Stormwater In That Council lay this matter on the table to seek clarity. Geoff 14/12/2020 Terri Hentschke 15/01/2021 Council Management - Progress Meaney, Tarik Meeting - 26 Riverside Estate Wolf, Terri Report to be provided at a future November Hentschke, Council Meeting 2020 Timothy Tol

26/11/2020 Ordinary 16.2 Murraylands In That Council: Anthony 7/12/2020 Anthony Pickering 15/01/2021 Council and Riverland Progress 1. Support the release of the draft Murraylands and Pickering, Noted for future budget review Meeting - 26 Regional Public Riverland Regional Public Health and Wellbeing Plan Derek process November Health and to the Minister for Health and Wellbeing and, subject Martinson, 2020 Wellbeing Plan - to receiving the Minister’s permission, to the public for Stephanie 11/12/2020 Timothy Tol Draft consultation. Coughlin, Timothy Tol 2. Notes that the MRLGA Board has proposed a levy at MRLGA notified of Councils the value of $5,000 per annum, per constituent resolution. council, for the 2020-21 and 2021-22 financial years as contribution to support the implementation of the 12/12/2020 Stephanie Coughlin Regional Public Health Plan and agrees to the payment of the levy. Regional Public Health and 3. Requests that the Regional Health and Wellbeing Co- Wellbeing Committee to meet on 17 December 2020 to determine a ordinator role is reviewed after the initial two-year joint and concurrent public term to ensure that the aims of the Plan are being consultation period and further met, before consideration is given to a further steps in the project. extension of funding.

Action Register 14/12/2020 12:45 PM Page 6 Page 180 | Attachment 17.1.2.3 215 Meeting Item Completed Date Document No. Item Status Action Required Assignee/s Action Taken Due Date (Overdue)

26/11/2020 Ordinary 16.4 Tree Removal In That Council resolves to: Tarik Wolf 11/12/2020 Terri Hentschke 15/01/2021 Council Requests Progress 1. Remove 1 x Eucalyptus Erythrocorys at the Uniting Trees have been added to depot Meeting - 26 Church Renmark and replace with a Bottlebrush staff's works schedule for removal. November “Kings Park Special” 2020 2. Remove 4 x trees via the SAPN tree trimming program in the Paringa area at 4 & 14 Stoeckel Terrace and 5 Cudmore Avenue. Replace these trees with new trees planted in a more appropriate location 3. Allow removal of 1 x tree at 7 Barington Street at the expense of the property owner 4. Remove 1 dead tree and 1 leaning tree on Cowra Street.

26/11/2020 Ordinary 18.1 Motions without In That Council invite the Renmark Rose Festival committee to Julie 10/12/2020 Julie Gregurec 15/01/2021 Council Notice Progress address Council on the future plans of the Rose Festival. Gregurec, Meeting - 26 Tarik Wolf, Rose Festival committee representative to attend informal November In line with Council's Disability Access and Inclusion Plan staff Terri gathering of council on19/1/21. 2020 investigate as a matter of urgency to repair the pathway along Hentschke, Dridan Avenue towards 20th Street. Timothy Tol, Tony Siviour 11/12/2020 Timothy Tol

Refer to report 16.4 of this agenda regarding Dridan Avenue.

Action Register 14/12/2020 12:45 PM Page 7 Page 181 | Attachment 17.1.2.3 215 Agenda Ordinary Council Meeting - 22 December 2020

17.2. Director Corporate and Community Services

17.2.1. Financial Results for the Year Ended 30 June 2020

Reporting Officer Anthony Pickering - Manger Corporate Services CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Local Government Act 1999 Attachments 1. December Review 2019 -20 Audited to budget [17.2.1.1 - 3 pages]

Purpose To provide Council with a report showing the audited financial results for the 2019/20 Financial Year compared with the estimated financial results set out in the Third Quarter Budget Review.

Background The Report on Financial Results is prepared following the endorsement by Council of the 2019/20 Audited Financial Statements.

Council operating result for 2019/20 was a $320,000 deficit, an improvement of $53,000 from a projected deficit of $373,000.

The result was mainly attributable to the following variations to budget:

Financial Statement Note Explanation Value Employee Costs Employee Leave expense costs as a result of increase in leave provisions due to ($63,000) enterprise bargaining increase and leave not taken. Employee Costs Superannuation costs estimated below ($27,000) actuals Employee Costs Workers compensation premium estimated ($72,000) below actuals Materials, Contracts & Other Reduction in the following estimated costs Expenses General maintenance materials: $55k Contractors for ICT Project: $83k Fuels and lubricants: $36k General Insurance: $56k $371,000 Publishing and advertising $32k Donations $20k

Depreciation Expense Depreciation increased based on final valuation reports received after end of ($557,000) financial year. This was noted in the budget reviews as unquantifiable. Grants, Subsidies and Additional grant commission funding paid in $261,000 Contributions Revenue advance over estimated budget amount. Other Income Jane Eliza Solar Farm lease $40,000 Other Income Workers Compensation Rebate income $60,000

Page 182 | 215 Agenda Ordinary Council Meeting - 22 December 2020

Relevant Legislation Local Government Financial Management Regulations 2011; Section 10—Report on financial results

1. A council, council subsidiary or regional subsidiary must, by no later than 31 December in each year, prepare and consider a report showing the audited financial results of each item shown in the statement of comprehensive income and balance sheet of the budgeted financial statements of the council, council subsidiary or regional subsidiary (as the case may be) for the previous financial year compared with the estimated financial results set out in the budget presented in a manner consistent with the Model Financial Statements.

2. A council must also include in a report under sub regulation (1) audited financial results for the previous financial year of the council's operating surplus ratio, net financial liabilities ratio and asset renewal funding ratio compared with estimates set out in the budget presented in a manner consistent with the note in the Model Financial Statements entitled Financial Indicators.

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Manage compliance with relevant State and National Government Statutory Requirements

Page 183 | 215 Renmark Paringa Council Statement of Comprehensive Income for the year ended 30 June 2020

2019/20 3/4 BUDGET $ '000 AUDITED REVIEW Variance Income Rates Revenues 9,475 9,468 7 Statutory Charges 290 247 43 User Charges 719 639 80 Grants, Subsidies and Contributions 4,260 3,999 261 Investment Income 105 113 (8) Reimbursements 368 482 (114) Other Income 580 424 156 Total Income 15,797 15,372 425

Expenses Employee Costs 5,002 4,805 (197) Materials, Contracts & Other Expenses 7,156 7,527 371 Depreciation, Amortisation & Impairment 3,952 3,395 (557) Finance Costs 7 18 11 Total Expenses 16,117 15,745 (372)

Operating Surplus / (Deficit) (320) (373) 53

Asset Disposal & Fair Value Adjustments (234) 72 (306) Amounts Received Specifically for New or Upgraded Assets 1,525 2,233 (708) Net Surplus / (Deficit) 971 1,932 (961)

Page 184 | Attachment 17.2.1.1 215 Renmark Paringa Council Statement of Financial Position as at 30 June 2020

2019/20 3/4 BUDGET $ '000 AUDITED REVIEW

ASSETS Current Assets Cash and Cash Equivalents 7,384 6,154 Trade & Other Receivables 1,212 1,000 Inventories 25 25 Total Current Assets 8,621 7,179

Non-Current Assets Financial Assets 130 Infrastructure, Property, Plant & Equipment 130,759 123,629 Total Non-Current Assets 130,889 123,629 TOTAL ASSETS 139,510 130,808

LIABILITIES Current Liabilities Trade & Other Payables 962 1,200 Borrowings 84 54 Provisions 1,002 875 Total Current Liabilities 2,048 2,129

Non-Current Liabilities Borrowings 144 14 Provisions 126 101 Total Non-Current Liabilities 270 115 TOTAL LIABILITIES 2,318 2,244 Net Assets 137,192 128,564

EQUITY Accumulated Surplus 34,608 36,613 Asset Revaluation Reserves 97,222 87,633 Other Reserves 5,362 4,318 Total Council Equity 137,192 128,564

Page 185 | Attachment 17.2.1.1 215 Renmark Paringa Council Financial Indicators for the year ended 30 June 2020

2019/20 3/4 BUDGET $ '000 AUDITED REVIEW

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

1. Operating Surplus Ratio Operating Surplus -2.0% -2.0% Total Operating Income

This ratio expresses the operating surplus as a percentage of total operating revenue.

2. Net Financial Liabilities Ratio Net Financial Liabilities -41.0% -32.0% Total Operating Income

Net Financial Liabilities are defined as total liabilities less financial assets (excluding equity accounted investments in Council businesses). These are expressed as a percentage of total operating revenue.

3. Asset Sustainability Ratio Net Asset Renewals 136.0% 86.0% Infrastructure & Asset Management Plan required expenditure

Net asset renewals expenditure is defined as net capital expenditure on the renewal and replacement of existing assets, and excludes new capital expenditure on the acquisition of additional assets.

Page 186 | Attachment 17.2.1.1 215 Agenda Ordinary Council Meeting - 22 December 2020

17.2.2. Community Grants Program 2020/21

Reporting Officer Emma Warner - Community Development Officer CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Nil Attachments Nil

Purpose To provide Council with an overview of the 2020/21 Community Grant Program applications received and approved for funding by the Grants Assessment Panel.

Background Following the endorsement by Council of the revised Community Grants Policy, the Community Grants Program ran throughout November with eight applications submitted for consideration for funding.

Projects totalling $220,118 were submitted for consideration for funding with the total grant amount requested being $23,228.

As per the Community Grants Policy requirements, Council staff (Community Development team) provided advice to the Grants Assessment Panel regarding applications utilising an assessment tool. The panel members also used the assessment tool to review applications and have supported funding of $10,755 to four of the applications, with the remaining four applications deemed to have not met the criteria. Two of these applications are included in this Council agenda for further review as a potential inclusion in the Community Grants Policy as donations.

Details of the applications received are as follows:

Applicant, Project cost Grant amount Decision of Comments Project Name sought request for and Project funding Description Chaplaincy – $16,700 $4,000 Application does Panel supports Renmark High not meet criteria the organisation School Inc. and is not for the work that supported for is done however Christian Pastoral Community Grant funding. application does Support Workers not meet the – additional hours Panel current criteria. to fund 8 recommends it hours/week for for consideration pastoral care at by Council as Renmark High part of School, Renmark Community North Primary Grants Policy School and (donations). Renmark Primary School, as well as resources required at school which may

Page 187 | 215 Agenda Ordinary Council Meeting - 22 December 2020

include breakfast, food hampers to families and encouragement awards. Friends of the PS $8,203 $4,000 Approved for The Panel wishes Industry Inc funding. to reinforce their appreciation for Renovations of $4,000 the committee’s cabins 1, 2, 3, 4 ongoing work for crew comfort carried out for and to retain the heritage this town appearance of attraction. the PS Industry. Funding subject Includes repairing to any required cabin walls and development / floors, water planning damage, reset windows, painting approvals being of door frames, sought (including remove and relay heritage floor coverings, requirements). new curtains. National Trust $777 $439 Application does As per Renmark Branch not meet criteria, Community Grant (Olivewood) not supported for policy, Community Grant operational costs funding. Purchase of are not funded. EFTPOS machine. National Trust $7,714 $3,034 Application does The Panel Renmark Branch not meet criteria, suggested that (Olivewood) not supported for the Committee Community Grant meet with Council funding. Promoting staff (Events Olivewood Estate Team and – planned program of Community advertising and Development promotion for the team) for 2020/21 financial assistance with year (Printed learning about media). different opportunities for promotion. Renmark Sub $3,430 $1,715 Approved for Valuable for Branch RSL of funding. community with Australia (SA outdoor events to Branch) Inc $1,715 have portable unit on site. Purchase of portable defibrillator and first aid kit for Renmark RSL Sub branch.

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Riverland Brass $2,080 $1,040 Approved for Well written and Community funding. presented Concert Band application. $1,040 Purchase of additional band equipment - new music stands and new music. Riverland Dinghy $9,934 $4,000 Approved for Well detailed Club Inc funding. application.

Shed storage $4,000 area fencing project.

Fencing 2 bay area adjacent to new shed with colourbond fencing (to match new shed building) and install double gate access to the area. Riverland Youth $171,280 $5,000 Application does Panel noted Theatre not meet criteria, ongoing financial not supported for support of the Community Grant A Space Called organisation and funding. Home – RYT. have referred This funding their request for would directly support the rental funding to for the Renmark Council for Institute as per consideration as the lease. part of the Community Grants Policy (donations).

Applicants will be notified following this meeting of the outcome of their funding application, with successful applicants being provided with funding agreements to review and sign prior to payment being made. Following completion of their projects, organisations are required to submit acquittal reports providing a detailed description of the outcomes of their project.

Funding is allocated within the current 2020/21 Community Grants budget and the Grants Assessment Panel has delegated authority to make final decisions regarding funding of applications within the parameters of the community grants policy.

Strategic Alignment 1 Community Health and Wellbeing CORE ACTIVITY - Assist sporting and community bodies to source funding for sporting and community facilities and programs

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17.2.3. Community Development Team - Quarterly report

Reporting Officer Stephanie Brookes – Community Development Team Leader Emma Warner – Community Development Officer Poppy Papageorgiou – CCC Coordinator CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Nil Attachments Nil

Purpose To provide Council with the quarterly report from the Community Development Team.

Background A number of projects are well underway, with some close to completion; The Regional Public Health and Wellbeing Plan Committee will meet mid to late December to discuss the next stages of the project. The most crucial aspect of this meeting is the committee agreeing to a joint and concurrent public consultation being carried out amongst the partnering organisations. It is expected to occur in February 2021.

Riverland Skillin’ It, is a project of Part of Things, in collaboration with Berri Barmera Council and Barmera Central and supported by District Council of Loxton Waikerie and Renmark Paringa Council. This project has received funding from the FRRR ABC Heywire Youth Innovation Grants Program, and the Department of Human Services Youth-led COVID-19 Recovery Grants and administered by the Local Government Association of South Australia. Riverland Skillin’ It is a youth-led, community-based and locally-driven initiative to nurture a culture of skills and knowledge-sharing between individuals and community organisations. Skillin’ It will recruit and train a core squad of young people aged 18-26 to develop and deliver a suite of workshops for their peers, culminating in a youth-led festival of knowledge sharing in August 2021.

Chaffey Community Centre Update; As a result of the Expression of Interest process earlier this year for the Chaffey Community Centre, Community Bridging Services (CBS) have signed a commercial lease for the Chaffey Community Centre, commencing 11 January 2021. This is an excellent outcome for the community, as CBS will run their own not-for-profit business from the site and will also run the facility as a Community Centre (with the backing of Community Centres SA), offering a wide range of community services and activities. CBS have committed to undertaking a Community Needs Analysis that will use data to identify actions to be undertaken to address local community needs. CBS have also advised that this data will be shared with Council. This is a fantastic result as it will inform Council’s social planning going forward. Council staff are currently in the process of ensuring that the handover is complete by late December and will also advise patrons and service providers of the new change in management.

The Riverland Local Drug Action Team met in December to discuss options for the Australian Drug Foundation’s Community Action Plan (CAP). Due to the recent COVID-19 lockdown with took place in November, a number of risks to the event have been identified in the current CAP and the team are considering other potential options.

Darnley Taylor Park Skate Park – Youth Mural At the August 2019 meeting of Council, it was resolved that: 16.3 Darnley Taylor Park Skate Park Street Art proposal Moved Cr Hunter

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1. That Council endorses the proposal by Ac.care to develop street art on the Skate Park at Darnley Taylor Park, subject to them receiving grant funding to carry the project out. 2. If grant funding is not received, funding of up to $1,500 towards the project cost will be committed by Council (subject to all other funds being sourced to complete the project). 3. Ac.care are to liaise with the Events Team at the Visitor Information Centre to comply with Event Application requirements and provide relevant documentation required as a part of this process. Approval must be given prior to any activity being carried out at the Skate Park at Darnley Taylor Park. Seconded Cr Maddocks CARRIED

Ac.care Berri have recently been notified that their application for Country Arts SA grant funding as part of the Australian Government’s Regional Arts Fund has been successful. An amount of $14,958 has been awarded to the organisation. This will cover all costs required for the project, and they no longer need the funding of up to $1,500 that Council had conditionally committed in August 2019. Artist Scott Rathman will lead a community capacity-building project to provide Aboriginal youth in the Riverland the opportunity to be involved in the design and creation of a large-scale artwork at the Renmark Skate Park. It also provides the opportunity for two local aboriginal artists, Sheryl and Daniel Giles, to receive mentoring from artist Scott Rathman. Staff from Ac.care will work with the Events Team at the Visitor Information Centre to submit event permit requirements prior to any work commencing. Planning for the project will commence in the new year and works are proposed to begin in the April 2021 school holidays. This is a very exciting project that will see the skate park area come to life with bright colours, creative artworks and community involvement. Progress updates will be provided as they become available.

School Holiday Program Following a challenging start to the planning of the school holiday program due to the recent COVID-19 lockdown, it has been exciting to be able to send the program to the printers and collect the printed copies of the program. They have now been distributed to local schools and throughout the community. Many exciting activities are planned for the December/January school holidays that includes:  Christmas activities at the library o Christmas biscuit decorating with gift box o Craft activity - light up snowman o Craft activity - glowing lights Christmas tree  Summer Reading Club - this initiative encourages children to borrow books from the library, read throughout the holidays, keep a record of the books read and return their reading record to the library at the end of the school holidays to go in the draw to win a prize.  Goo Roo animation workshops at the Civic Centre The workshop teaches children how to create their own Lego animation and claymation movies. The participants will get a behind the scenes glimpse of what goes into producing animation on a professional level. They will then create their own lego or plasticine characters and learn how to bring them to life using the Stop Motion Studio App available on mobile devices. The finished videos will be screened to the group and uploaded to YouTube via the GooRoo Animation Workshops channel to be shared with friends and family. The workshops are designed to inspire and provide the knowledge and tools to start making stop motion movies at home. o Lego animation - using Lego to build characters and create stop motion animations with a variety of backdrops and themes.

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o Claymation - creating plasticine characters and learning how to bring them to life using the Stop Motion Studio App.  Crafty science activities at the library o Make a CD hovercraft and psychedelic spinner. o Make a rainbow in a jar.

All activities have been thoroughly planned with COVID-19 requirements in mind and associated risk management strategies. Included in the program has been a note informing the community that all activities are subject to change or cancellation at anytime, in the instance that further COVID-19 restrictions come into place. We are sure that local and visiting families will be very excited to get back to school holiday activities and staff are very much looking forward to welcoming them back. The school holiday program and flyers can be downloaded from Council’s website - www.renmarkparinga.sa.gov.au/community/community/school-holiday-program

Youth Grant Approvals 3 applications for youth grant funding have been recently approved, with the following local youth receiving funding:  Dylan White  Jordan White  Bailey White $100 was awarded to each applicant to assist with their participation in the West Adelaide Football Club Centre of Excellence Training that they will be attending throughout December 2020 and January 2021 in Adelaide. Following their participation, a report will be included in a future Council agenda that details their experience as well as photos. Upon notification of their successful funding, the following was received from their mother, Nicki: “Please thank all those necessary for the boys approval, very very grateful.”

Community Grants Program After an extensive review of the Community Grants Policy, the 20/21 round of Community Grants Program was opened to community organisations throughout November. The Grants Assessment Panel has since met and reviewed all applications received. An information only report has been included in this agenda, please refer to this report for details on applications received and organisations that have been successful in obtaining community grant funding.

Children’s University – Community Hub 2021 Renmark Paringa Council will be participating in an educational program for local children in 2021, signing up to be a Community Hub of Children’s University (CU).

Children’s University Australasia is an international partner of Children’s University Trust (UK) and managed by the University of Adelaide, South Australia. The Children’s University concept offers educational experiences for local children aged between 8 and 13 years outside of school and will recognise their achievements through the award of formal certificates and graduations. The model leverages local educational and learning activity providers (including sports clubs, museums, school holiday activities etc) as well as a wide variety of online learning options including via Council’s website and the CU online portal. It has a strong emphasis on experience as a significant learning tool, acknowledging the value of the range of different learning experiences and environments in which children engage. For each activity a child participates in, they will earn hours towards their learning that is calculated at the end of the year to determine the level of participation that has been achieved. CU is child led, meaning that children choose what activities they would like to participate in, and participation occurs on a voluntary basis.

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Each child who becomes a member of the Community Hub will be issued with a ‘Passport to Learning’ in which the hours of each validated activity are recorded. Once they have reached the required number of hours children will graduate from the CU. Certificates are presented at graduation ceremonies held at the end of the year. Representatives from CU coordinate the ceremony, with all participants from the Riverland region in attendance.

Currently there are 2 schools in this Council area – Renmark North School and St Joseph’s School Renmark – who have participated in the program for the past 2 years and will again in 2021. The aim of creating a community hub is to:  Engage with children in our local community who are not members of CU (their schools have not yet become members) and provide a wide variety of new and exciting learning opportunities that will allow them to develop new skills as well as getting out and about in the community they live in. Also engaging with other local children who are already members of CU through their school and children visiting the area who are members of CU through their school.  Offer activities to all local and visiting members of CU that they can attend as well as developing activity sheets that can either be downloaded from Council’s or CU website or collected from Council locations.  Get children out and about in the community they live in by participating in Council run activities, activities run by community organisations and explore and discover their community.  Encourage children to be active in their community and continue their participation in the CU program through their school, or as part of the community hub if the program is not offered in their school.

Council have been supporting CU since the start of 2018 by:  Offering members the opportunity to receive validated hours in their ‘passport to learning’ when attending Council run school holiday activities (such as library and Chaffey Community Centre activities).  When promoting Council run school holiday activities, we include on the flyers the CU logo so that children who have a passport to learning know that they can attend that session and have their attendance validated by having their passport stamped by the organiser of the activity.  Hosted the first Riverland graduation of CU at the Civic Centre in November 2018.  Signed up Council (that includes the Library, Chaffey Community Centre, Visitor Centre and Land Care) as learning destinations. Being a learning destination means they are locations that CU participants can go to take part in activities where they will have their passport stamped.  Provide a link to Council’s school holiday program and flyers each holiday period to promote the program on the CU website.  Hosted two CU school holiday activities, run by CU, at Chaffey Community Centre in April 2019 and the Civic Centre in October 2020 that was for any child to attend, if a child with a passport attended, they were able to have it stamped.  The Visitor Information Centre created a Riverfront Discovery Trail Activity Sheet that is on both the Council website as well as the CU website. Once completed children can have their passport stamped.

The Community Development team look forward to coordinating the community hub and look forward to providing Council with updates once the program has commenced in February 2021.

Connecting with People - Suicide Response Training Renmark Paringa Council hosted a one-day workshop ‘Connecting with People’ which was presented by Adam Clay, Principal Project Officer, Suicide Prevention – Wellbeing SA. The

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workshop included the following modules: Suicide Awareness, Compassion at Work and Emotional Resilience for Professionals. Each module was specifically chosen to help participants become more aware of the ways in which we can create a culture of recognising the signs with empathy, responding with compassion and supporting people to find the help they need sooner. The training was free and available to anyone, with a specific focus on people in the community and organisations whose roles may bring them into contact with community members who may have fallen below the radar. The workshop was held at the Renmark Club on Wednesday 28 October 2020 between 9.00am – 4.30pm with 14 people participating. Participants included members of the community, CORES, Rotary, council officers and various business representatives.

Participants Comments;

“I found the concepts very interesting and reaffirmed what we are doing is on the right track. I would recommend the workshop to others. The presenter delivered the workshop in a light and informative manner.” - Josephine

“The course was of a very high standard; the Renmark Club was ideal in a serene and beautiful environment. Adam clay as course presenter did a brilliant coverage and humanised the presentation, highlighting the importance of community awareness and education. There were opportunities for open discussion which opened pathways to further gain knowledge and understanding about the complexities of mental health. Thank you to our Renmark Paringa Council for making this training session possible to community members. I would highly recommend other members of the community to attend a course presented by Adam Clay – Wellbeing SA. The learning experience for the day was a very empowering one.” - Kathryn

“I praise the excellent organisation of the day. Adam Clay was very easy to communicate with and gave ideal references to gain support materials – for example ‘Towards Zero’. He encouraged open and frank discussion and listened to personal concerns which sometimes distracted from the topic. ‘The Classification of Suicidal Thoughts’ process, (Cole-King & Prof Stephen Platt updated 2016) was most helpful into gaining insight and awareness to the level of help required. Adam highlighted the exploration of compassion and to become non- judgemental and to gain an understanding of the various disorders. This was highlighted with the exercise, ‘Match the mental health issue with the famous person’ which also was most beneficial. I would recommend this course to others in our community.” - Bert

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(Pictured above left to right; Adam Clay, Suicide Prevention – Wellbeing SA Officer, Council staff Clara DiCerbo and Poppy Papageaorgiou

Page 195 | 215 Agenda Ordinary Council Meeting - 22 December 2020

17.2.4. Environmental Officer - Quarterly Report

Reporting Officer Myles Fauser - Environmental Officer CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Environment Protection Act 1993 Attachments 1. EO Quarterly Report December 2020 [17.2.4.1 - 8 pages] 2. LBCFC Overall Timeline November Update [17.2.4.2 - 2 pages]

Purpose To provide Council with quarterly environmental data and updates from the Environmental Officer. This includes a Lake Bonney Caring for Country project update which the Environmental Officer has recently presented to relevant stakeholder groups.

Background

Strategic Alignment 1 Community Health and Wellbeing 1.1 Provide vibrant and activated spaces for recreation and leisure which embrace Renmark’s natural environment and history 1.1.1 Utilise Renmark’s natural environment in a way that creates fun and new experiences for all generations. 1.1.4 Implement outcomes as detailed in Council’s Tracks and Trails Strategy to develop a network of sustainable trails, rides and walks in the area.

2 A Vibrant Economy CORE ACTIVITY - Maintain and enhance infrastructure and amenities to ensure our appeal to national and international tourists

3 A Sustainable Region 3.2 Adopt environmentally sustainable practices in the effective management of Council resources 3.2.1 Secure long term funding for the position of Environmental Officer through negotiations with National Landcare Program or through other means

3 A Sustainable Region 3.3 Renmark to the Border Local Action Plan 3.3.1 Work with Renmark to the Border Local Action Planning to promote a healthy future for our community, land and water resources through execution of the Renmark to the Border Local Action Plan.

Page 196 | 215 Connecting and Rehabilitating the Lower Ral Ral Floodplain

The 2019/2020 stages of the Connecting and Rehabilitating the Lower Ral Ral Floodplain project were successfully completed and have been put to the test with recent environmental watering. The 2019/2020 project was focused on enhancing connectivity across the floodplain and included 2.5 km of flow path enhancement, the construction of a regulating structure. These works were targeted at enhancing the connectivity between the Johnsons Waterhole and Jane Eliza Woodlot environmental watering sites, and the Lower Ral Ral Floodplain as a whole. Approximately 481 megalitres of environmental water has been delivered to the Ral Ral Floodplain from the two sites, which has resulted in connection and inundation across the entire lower Ral Ral Floodplain through the newly created flow paths.

The 2020/2021 project will involve reconstructing and enhancing the inlet and outlet structure between Johnsons Waterhole and Ral Ral Creek. This will require reforming, raising, and enhancing the road crossing that has been badly damaged by recreational vehicle users, and enhancing the structure to enable higher levels of water to be held on the Ral Ral Floodplain. This structure limited the volumes of water that could be held across the Ral Ral Floodplain this watering year. In order to facilitate full utilisation of new flow paths and connectivity, and achieve optimal inundation, the enhancement of this structure is pivotal. This has been identified as a priority for this year, alongside the implementation of the Warrego Street environmental watering site.

Page 197 | Attachment 17.2.4.1 215 Paringa Paddoks Tracks and Trails

The Environmental Officer has continued negotiations and collaboration with the Department of Environmental and Water (National Parks) in Paringa Paddocks since its proclamation and inclusion in Murray River National Park in 2019. These discussions have been focused on the ongoing maintenance of the 6 tracks and trails in Paringa Paddocks and the related wayfinding signage. To date the Environmental Officer has conducted a full audit, revealing 18 missing and damaged signs. The Environmental Officer is now nearing completion of a signage plan and complete trail audit for Paringa Paddocks, which will outline how the Renmark Paringa Council branded signage and wayfinding will be replaced by National Parks branded signage and wayfinding. Bookmark Creek Master Plan

The Environmental Officer and RPC staff have been engaging with the Department of Environment and Water (DEW) in regards to the Master Plan for the Bookmark Creek and surrounding floodplain. The DEW team is looking at multiple key threats causing ecological decline in the region including reduced frequency and duration of floodplain inundation, loss of variability in water levels, salinity load and obstruction to fish passage. 37.6 million has been committed by the Australian Government over two years from 2020-21 to work with the South Australian Government to deliver projects that will sustain Riverland environments. The Bookmark Creek complex has subsequently been identified as a key project that will be implemented with this funding.

Page 198 | Attachment 17.2.4.1 215 Renmark and Riverland BioQuest The 2019/2020 Riverland BioQuest has come to an end. Over this 1 year period, visitors and community members of all ages made 4,722 sightings and 17,550 identifications contributed to 2,950 species being mapped in the Riverland Region. This competition has been made a significant contribution to biodiversity data in the region and is available on the Atlas of Living Australia. An awards ceremony was held at the Renmark Paringa Council Civic Centre for those individuals who won different competition categories. The results of this competition are available at: https://questagame.com/2019-riverland-bioquest

The Renmark North Primary School defended their April title in the Global Schools BioQuest competition, which resulted in the team being the overall winners of this global competition. The students competed against teams from schools from all over the world in two rounds of the competition. This required students to actively engage in the natural environment both sighting and identifying flora and fauna to earn points. This led them to learn about and see things they wouldn't have normally seen in their own backyards, local parks, and natural spaces. The grand prize for the students is yet to be announced.

Alliance for Water Stewardship Certification

Renmark Paringa Council is now seeking the world's first Local Government Alliance for Water Stewardship (AWS) Certification. Renmark Paringa Council has recently registered with AWS as seeking certification to the AWS Standard, making it the first local government body in the world to seek AWS certification. Funding for Renmark Paringa Council Alliance for Water Stewardship Certification has been secured through the Murraylands and Riverland Landscape Board Grassroots Grant Program 2020-21. The Environmental Officer is working closely with AWS in the early stages of the project, gathering data related to Renmark Paringa Council water usage and putting together a framework for a Water Stewardship Plan. It is anticipated that the project will be complete by end of 2020/2021 financial year.

Page 199 | Attachment 17.2.4.1 215 THE PLAN

The Lake Bonney/Barmera Caring for Country Management Plan (the Plan) has been created to support the ongoing management of Lake Bonney lands under the intended joint care, control and management of RMMAC and the Berri Barmera Council.

The Plan provides the framework for RMMAC and Council to give effect to their joint responsibility for care, control and management of Lake Bonney. It has been developed to identify outcomes for the protection, preservation, access and use of Lake Bonney and to describe the policies, guidelines and actions to achieve those outcomes. Council has been successful in securing funding support from the State and Federal Government to undertake works associated with the plan for the Lake Bonney Recreation, Nature and Cultural Access project .

RIVER MURRAY MALLEE ABORIGINAL CORPORATION AND BERRI BARMERA COUNCIL MEMORANDUM OF UNDERSTANDING

In 2014 RMMAC and Council established a Memorandum of Understanding (MOU) providing a framework to guide administration of joint care, control and management arrangements of lands around Lake Bonney subject to the native title determination. In accordance with the MOU, relevant decisions require the authority of each party. It is within this MOU that the plan was developed.

Page 200 | Attachment 17.2.4.1 215 DESIGN PHILOSOPHY An integrated landscape approach

CULTURAL ECONOMIC Design that minimises invasiveness, Engineering and design for common enhances capabilities for cultural practice. This is design and engineering conservation, and restricts or for common use, not stress case and eliminates access to cultural sites. outlier cases. The design and construction Provides opportunity for cultural for these cases is costly, complicated and tourism and heritage interpretation. impacts project viability and long-term sustainability. Design that facilitates year round demand ENVIRONMENTAL and attractiveness to diverse users, opposed to peak demand to more Design that minimises access to areas homogeneous user groups. outside of provisioned amenity to support natural regeneration and SOCIAL landscape restoration efforts. Design for diversity of amenity that A design process that considers attracts new user groups, as well as natural features and topography and catering for the existing. integrates amenity in the least Promotes safe, sustainable, and inclusive invasive manner. use from both local and non-local users.

WALK AND HIKE IN CAMPING SITES LARGE MULTIUSE DRIVE IN SITES SMALL MULTIUSE DRIVE IN SITES 22 SITES 130 ESTIMATED CAPACITY 39 SITES 211 ESTIMATED CAPACITY 12 SITES 97 ESTIMATED CAPACITY

THRU HIKERS DAY WALKERS AND CAR CAMPERS AND GLAMPERS AND CARAVAN AND RV GENERAL HIKERS GENERAL WALKERS TENT CAMPERS LARGE GROUPS USERS Page 201 | Attachment 17.2.4.1 215 PROJECT TIMELINES

2020 2021 2022 Site 3 to 9 design and development. Section 21 and 23 application review Site 3 to 9 construction. Walking trail route development. and approval process. Walking trail construction. Cultural heritage managemnt plan Site 3 to 9 construction. Implementation of revegetation ﬁnalisation and approval. Walking trail route and plan plan year 2. Revegetation plan development. development. Amenity construction. Major accesss rationalisation works Walking trail approval processes. Investigation and implementation of completion. Implementation of revegetation plan. booking system. Design approval processes . Minor accesss rationalisation works Final signage plan approval. Section 21 and 23 applications. completion. Signage plan implementation. RMMAC Rangers commencement. Investigating booking systems. Walking trial launch.

AUTHORISATION UNDER SECTION 21 AND 23 OF THE ABORIGINAL HERITAGE ACT

Aboriginal Heritage An application for authorisation under section 21 and 23 of the Aboriginal Heritage Act 1988 (Act) Act 1988 has been submitted on behalf of the Berri Barmera Council and RMMAC in order to minimise the risk of damage to Aboriginal heritage and to eliminate risk of liability in the case of breaching the Act.

Page 202 | Attachment 17.2.4.1 215 ABORIGINAL CULTURAL SIGNIFICANCE AND EXTENT

AUTHORISATION UNDER SECTION 21 AND 23 OF THE ABORIGINAL HERITAGE ACT

Before the Premier can consider granting an authorisation under the Act, he must ﬁrst consult with interested Aboriginal parties as well as the State Aboriginal Heritage Committee. Prior to the Premier’s consideration of the application, the Crown Solicitor must certify that AAR’s processes were procedurally Aboriginal fair and that it afforded natural justice to all parties. Heritage Act 1988 Following this process, a report is provided to the Premier for his consideration. Given this, applications for authorisation can take around nine months to ﬁnalise from the date that AAR receives all relevant information from an applicant. Any changes to the designs deemed necessary by the Premier and Aboriginal Affairs and Reconciliation following the section 21 and 23 approval will be made.

Page 203 | Attachment 17.2.4.1 215 SUPPORTING SUSTAINABLE CHANGE

Today, Lake Bonney and its surrounds are actively promoted to tourists and have become popular for camping, off-road biking and driving, picnics, horse riding, jet skiing, walking and cycling. These activities are not always conducted in sustainable ways and are major contributors to the ecological and cultural degradation around Lake Bonney.

These activities are also predominantly undertaken in peak holiday seasons, and result in higher impacts on Lake Bonney and surrounds. Without protection, conservation and restoration efforts of the ecology and culture, there is no future for activities that generate economic benets for the community.

WHAT IS OUR GOAL?

The goal is to ensure that Lake Bonney can be sustainably utilised by community and visitors into the future, rst and foremost without compromising cultural and ecological sustainability. Through the implementation of the Plan and the Lake Bonney Recreation, Nature and Cultural Access project, facilities and associated barriers will be provided that ensure use remains within sustainable bounds.

A TRANSITION FROM PREDOMINANTLY PEAK HOLIDAY SEASON USE TO MORE CONSISTENT AND SUSTAINED YEAR ROUND USE SUPPORTS THE ECOLOGY AND THE ECONOMY

Page 204 | Attachment 17.2.4.1 215 2020 2021 Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Today

Jul 1 - Jul 3 Fencing and Access Rationalisation Request for Quote Development Jul 1 - Jul 15 Fencing and Access Rationalisation Request for Quote Jul 1 - Aug 21 Project Management Plan Development Jul 14 - Aug 21 Site 3-9 Design Development Jul 22 - Aug 14 Indigenous Ranger Work Plan Development

Planning and Jul 23 - Aug 24 Cultural Heritage Management Plan Development Development Aug 3 - Aug 17 Vegetation Management Plan Request for Quote Development Aug 14 - Jul 9 Signage Plan Development Aug 17 - Sep 4 Vegetation Management Plan Request for Quote Sep 4 - Nov 27 Vegetation Management Plan Development Nov 27 - Dec 4 Vegetation Management Contract Request for Tender Feb 1 - Feb 15 Walking Trail Planning and Request for Tender Sep 24 - Oct 8 Site 9 Construction RFT

Aug 31 - Dec 25 RMMAC, Barmerara Meru Committee, Lake Bonney Caring for Country Advisory Committee, and Berri Barmera Council Site 3-9 Design Approval RMMAC, Barmerara Meru Committee, Lake Bonney Caring for Country Nov 13 - Dec 25 RMMAC Cultural Heritage Management Plan Approval Aug 21 - Oct 11 Advisory Committee, and Berri Barmera Council Signage Plan Approval Approvals RMMAC, Barmerara Meru Committee, Lake Bonney Caring for Country Advisory Committee, and Berri Barmera Dec 25 - Jan 29 Council Walking Trail Design Approval Sep 30 - Jun 25 Authorisation under Section 21 and 23 of the Aboriginal Heritage Act 1988

Jun 1 - Jun 26 Site 1 Construction Jun 15 - Jul 3 Site 2 Construction Jul 3 - Jul 17 Site 1 and 2 Access Rationalisation Improvements On Ground Aug 14 - Dec 4 Fencing and Access Rationalisation Jul 9 - Sep 2 Walking Trail Construction Works Jan 1 - Jan 1 Vegetation Management Nov 16 - Nov 30 Signage Instillation Jun 25 - Sep 24 Site 3-8 Construction Nov 8 - Dec 6 Site 9 Construction

Jul 1 - Jul 22 Vegetation Mapping Indigenous Jul 1 - Jul 22 Invasive Plant Removal Rangers Jul 22 - Dec 18 Cultural Site Surveys, Identification and Mapping Aug 5 - Dec 18 Walking Trail Planning

Page 205 | Attachment 17.2.4.2 215 2020 2021 Jul Sep Nov Jan Mar May Jul Sep Nov Today

PlanningJul 14 and - Aug 21 Site 3-9 Design Development Development Sep 24 - Oct 8 Site 9 Construction RFT

Aug 31 - Dec 25 RMMAC, Barmerara Meru Committee, Lake Bonney Caring for Country Advisory Committee, and Berri Barmera Council Site 3-9 Design Approval Approvals Nov 13 - Dec 25 RMMAC Cultural Heritage Management Plan Approval Sep 30 - Jun 25 Authorisation under Section 21 and 23 of the Aboriginal Heritage Act 1988

On Ground Jun 25 - Sep 24 Site 3-8 Construction Works Nov 8 - Dec 6 Site 9 Construction

Page 206 | Attachment 17.2.4.2 215 Agenda Ordinary Council Meeting - 22 December 2020

17.2.5. Murray Darling Association (MDA) Region 5 Minutes

Reporting Officer Ashleigh Baker - Executive Assistant to Director Corporate and Community Services CEO/Director Tim Pfeiffer - Director Corporate and Community Services Relevant Legislation Nil Attachments 1. MDA Region 5 Minutes - 26 October 2020 [17.2.5.1 - 4 pages]

Purpose To provide Elected Members with a record of the MDA Region 5 Minutes from the previous meeting held on 26 Ocotber 2020.

Background The Murray Darling Association is a membership-based peak representative organisation representing local government and communities across the Murray Darling Basin. It was established in 1944 and has a strong history in the traditions and achievements of local government.

Ensuring that communities affected by the decisions of federal and state government have a clear voice at the table, informing the direction and realising the impact of those decisions.

The MDA consists of 12 regions across the basin covering 4 states along with the ACT. Each region is led by a chairing council or individual, supported by a committee of no less than two and no more than five members.

Region 5 meetings are held quarterly within the region at various locations. The meetings are an opportunity for councils and members to access and contribute important information on the management of the Murray-Darling Basin resources, and issues affecting local communities.

The next MDA Region 5 meeting was scheduled for Monday 14 December 2020, has been cancelled by the Chairman Cr Peter Raison, the next meeting will be re-scheduled for February 2021, date to be advised.

Strategic Alignment 4 A Positive Experience 4.4 Provide strong and informed leadership, advocacy and representation for our community 4.4.2 Appropriate Elected Member representation on community committees and external bodies.

Page 207 | 215

Murray Darling Association Inc.

Region 5 www.mda.asn.au ABN: 64 636 490 493

Chairperson: Hosting Council: Cr Peter Raison Mid Murray Council

Ph: 0409 594 720 Ph: 08 8569 0100

Region 5 – Ordinary Meeting MINUTES

Monday 26 October 2020 Mid Murray Council, Morgan & Via Zoom Video Conferencing

Meeting commenced at 10-00am

1. ATTENDANCE Present: Cr Peter Raison - Chair Mid Murray Council Cr Jeff Hall Mid Murray Council Ian Mann Mid Murray Private Member Cr Kym Webber District Council of Loxton Waikerie Cr Peter Walker District Council of Loxton Waikerie Cr Andrew Kassebaum Berri Barmera Council Cr Yvonne Smith District Council of Karoonda East Murray Emma Bradbury Chief Executive Officer, Murray Darling Association Tim Smythe Chief Executive Officer, Murraylands and Riverland Local Government Association Deana Mildren Murray-Darling Basin Authority Tracy Brophy Minute Secretary, Mid Murray Council

Apology: Peter Hunter Renmark Paringa Council

2. WELCOME The Chair welcomed everyone to the meeting.

3. DECLARATION OF INTERESTS Nil

4. MINUTES Moved Cr Hall Seconded I Mann That the Minutes of the Murray Darling Association Region 5 Ordinary Meeting held on the 1 June 2020, are a true and accurate record of the meeting. CARRIED

MDA Region 5 Page 1

Page 208 | Attachment 17.2.5.1 215 5. PRESENTATIONS

Emma Bradbury The following was discussed: • Basin Communities Leadership Program and its roll out • Regional boundary realignment and the consultation process • National Conference – can access all presentations online • Preparing next years conference – Hybrid model • Discussed the value of MDA membership and attendance at the MDA AGM

Deana Mildren Opened with Acknowledgement of Country. The following was discussed: • Black Water events and blue-green algal bloom outbreaks. See the Murray Darling Basin Authority website for maps. • Water storage across the Basin • Basin Plan Evaluation 2020 – mid-point review • New Chair of the Murray Darling Basin Authority – Air Chief Marshal Sir Angus Houston AK, AFC (ret) • Basin Community Committee • Minister Pitt’s announcement of an additional $37.5 million for the Riverland region

Tim Smythe The following was discussed: • Murraylands and Riverland Local Government Association Water Positon Paper Working Group  Regions 5 & 6 Chairs, 1 representative & 1 proxy from each of the Regions.  Meet at least 4 times over the lifetime of the project, maybe more.  Draft Scope  Seeking a representative from the Region 5 Committee • Discussed changes in population between 2001-2016.

Murraylands and Riverland Local Government Association Water Position Working Group Moved I Mann Seconded Cr Kassebaum That the Murray Darling Association Region 5 join the Murraylands and Riverland Local Government Association Water Position Working Group. CARRIED

Region 5 Representative Moved Cr Hall Seconded Cr Webber That Cr Andrew Kassebaum be appointed as the Region 5 representative for the Murraylands and Riverland Local Government Association Water Position Working Group. CARRIED

Region 5 Proxy Moved Cr Kassebaum Seconded Cr Hall That Cr Peter Walker be appointed as the Region 5 proxy for the Murraylands and Riverland Local Government Association Water Position Working Group. CARRIED

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Page 209 | Attachment 17.2.5.1 215 6. MDA CEO / NATIONAL AGM

MDA CEO’s Report Moved Cr Kassebaum Seconded Cr Hall That the MDA CEO’s report for September 2020 be received. CARRIED

MDA Ordinary Board Meeting & 76th AGM Minutes Moved I Mann Seconded Cr Hall That the MDA Ordinary Board Meeting held on the 19 October 2020 and 76th AGM Minutes held on the 16 September 2020 be received. CARRIED

76th National Conference – links to recorded sessions Moved I Mann Seconded Cr Hall That the links to the 76th National Conference recorded sessions be noted. CARRIED

7. BUSINESS ARISING

Climate Variation Position Statement and Action Plan • Cr Kassebaum discussed the need to have a Position Statement and has reviewed other Regions. Liked Region 9’s with some amendments. • Discussed what was relevant to Region 5 • Cr Smith also likes Region 9 with amendments relevant to Region 5. • Discussed members providing input and creating a document for discussion at the next meeting. Email the Region 5 Secretariat thoughts and ideas. • Cr Kassebaum discussed a document regarding climate adaption, will locate the document.

8. GENERAL BUSINESS

The Sefton Report located at https:/www.mdba.gov.au/publications/independent-reports/independent- assessment-social-economic-conditions-basin and RAMJO Postion Statement https://ramjo.nsw.gov.au/about/publications/ was discussed.

9. PLANNING & COORDINATION

Region 5 Meeting Dates / Time • 14 December 2020 – 10 am – Karoonda (TBC) • 08 March 2021 – 10 am • 14 June 2021 – 10 am • 13 September 2021 – 10 am

10. OTHER BUSINESS Riverland Region - $37.5 Million Cr Walker asked if anyone knew what the $37.5 million Deana mentioned earlier was going to be spent on. Cr Kassebaum to confirm what it will be spent on.

MDA Region 5 Page 3

Page 210 | Attachment 17.2.5.1 215 11. NEXT MEETING

Date: 14 December 2020 Time: 10am Location: Karoonda (TBC) & Via Zoom Video Conferencing

12. CLOSURE 11.15am The Chair declared the meeting closed.

MDA Region 5 Page 4

Page 211 | Attachment 17.2.5.1 215 Agenda Ordinary Council Meeting - 22 December 2020

17.3. Director Infrastructure and Environmental Services

17.3.1. Elected Member Requests - Monthly Report

Purpose To provide Council with a system that ensures appropriate feedback is provided for each Councillor request.

Background A table summarising each request, action taken, and the Council Officer undertaking the action has been provided, refer to attachment 1.

Strategic Alignment 4 A Positive Experience CORE ACTIVITY - Continuously improve our standard of service

Page 212 | 215 Infrastructure and Environmental Services Elected Member Action Requests Requests from 1 September 2020 - 9 December 2020

Request CA1990/920 Received: 01/09/2020 Status: Completed Information:

CR HUNTER: The kerb near the corner of Dridan & 20th Street (Renmark Avenue Side) has been raised, then broken for a considerable period, causing a blockage of water travelling down the gutter. In addition, the path is Description very uneven, with out pavement on either side. Recently I have observed a resident with sight issues (cane) waking down Driden to the Square & having difficulty with the surfaces. Is this area on the books for improvement? If not, please view re making it safe for her daily walks.

Actions Refer to report 16.4 in the December 2020 Council Meeting Agenda.

Request CA2166/920 Received: 28/09/2020 Status: Ongoing Information:

CR HUNTER: Most Laneways seemed to have drained well following recent rains but Cresp Lane (particularly Description the Northern End) retains considerable water & continues to deteriorate. Please check re filling / compacting & grading.

Acknowledged request. Staff are currently assessing the potential to improve surface drainage through Actions maintenance type works in this lane.

Request CA2166/920 Received: 06/10/2020 Status: Completed Information:

CR MADDOCKS: Please inspect 2 Stoeckel Terrace Paringa and 15 Eleventh Street Renmark for fire risk and Description unsightly conditions.

Actions Inspections have been undertaken and correspondence/notices have been issued.

Request CA2277/1020 Received: 12/10/2020 Status: Completed Information:

CR HUNTER: A resident living on the corner of Pyap & Ruston Street has a bare side path area & is willing to Description water & support trees / shrubs along the path. There are no overhanging wires in this section. Are we able to supply /plant such trees for residents to support for the long run?

Actions Footpath has been re-sheeted and trees have been planted.

Request CA2352/1020 Received: 19/10/2020 Status: Completed Information:

CR HUNTER: following up a residents concern on watering stations for dogs / walkers during the construction Description of the Taylor Riverfront Park. Can staff list the current facilities available & share whether consideration has been given to a temporary station during the summer months prior to completion of the current works?

Actions A plan has been provided to Cr Hunter. No temporary watering stations will be installed.

Page 213 | Attachment 17.3.1.1 215 Request CA2664/1120 Received: 27/11/2020 Status: Ongoing Information: CR HOWIE The road edges on the left hand side of Cooltong Avenue heading towards the Cooltong store have deteriorated significantly with approximately a 6 inch (15cm) drop from the bitumen to the road’s edge Description and in particular around 16 Cooltong Avenue. This has been an ongoing issue for several years and Council has been informed several times in the past. Member of public that has reported request to Cr Howie is Terry Petersen. His phone number is 0427 865 282.

Actions Acknowledgement email sent.

Request CA2671/1120 Received: 27/11/2020 Status: Completed Information:

CR HOWIE The footpath on the opposite side of the St Joseph’s Primary School on Thurk Street is in Desperate need of re-laying. For approximately 10 metres the pavers are undulating and many of the pavers Description have lifted creating a serious tripping hazard. There is a lot of foot traffic in this area and does create and risk hazard to student and their parents/grandparents.

Actions This work has been programmed to occur during the school holidays.

Request CA2750/1220 Received: 09/12/2020 Status: Completed Information:

CR SPANO: Could someone please phone Ann Ryan concerning brass signs on Paringa bridge. Where are Description they?

Council staff are currently discussing with Department for Infrastructure and Transport staff the best location to Actions re-install signs. Staff did respond to Ann Ryan who advised she does not want the signs put back in their original locations.

Page 214 | Attachment 17.3.1.1 215 Agenda Ordinary Council Meeting - 22 December 2020

18. MOTIONS WITHOUT NOTICE

19. GENERAL BUSINESS

Nil

20. MATTERS FOR CONSIDERATION IN CONFIDENCE

20.1. Chief Executive Officer

Nil

20.2. Director Corporate and Community Services

Nil

20.3. Director Infrastructure and Environmental Services

Nil

21. CLOSURE

Page 215 | 215