MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, ON TUESDAY, 29 JANUARY 2019 ______

PRESENT Mayor Vonda Malone (Chair), Cr. Yen Loban (Deputy Mayor) Cr. John Abednego, Cr. Gabriel Bani, Cr. Thomas Loban, Dalassa Yorkston (Chief Executive Officer), Maxwell Duncan (Director Governance and Planning Services), Richard McKeown (Director Engineering and Infrastructure Services), Colin Duffy (Director Corporate and Community Services) and Nola Ward Page (Minute Secretary)

The meeting opened with a prayer by Cr. Gabriel Bani at 9.08am.

ACKNOWLEDGEMENT

Mayor Malone acknowledged the traditional owners of the people and all island elders both past and present.

CONDOLENCES a minute of silence was held for:

Mr Tom Sailor Mrs Gebi Mills Mr Daniel Sabatino Mr Danielle Ropeyarn

Mayor Malone, on behalf of Council, extended deepest condolences to the families of the loved ones who have passed.

COUNCIL REGISTER OF INTEREST

The Local Government Act 2009 requires a Councillor who has a “conflict of interest” (defined in the Act) in an issue to be considered at a Council or Committee meeting, to disclose the interest to the meeting and to determine whether the conflict of interest is:

(a) sufficiently significant such that the Councillor ought to leave the meeting room and not take part in the meeting whilst the issue is being considered or voted on

(b) not of sufficient significance that would lead the councillor to make a decision on the matter that is contrary to public interest and accordingly, the councillor ought to, in the best performance of the councillor’s responsibility of serving the overall public interest of the whole of the council’s area, continue to participate in the discussion and vote on the matter.

The Local Government Act 2009 requires a Councillor who has a “material personal interest” (defined in the Act) in an issue to be considered at a Council or Committee meeting, to disclose the interest to the meeting and leave the meeting room and not take part in the meeting whilst the issue is being considered or voted on.

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT

Cr. Abednego Tamwoy Development Association Working Group Meeting

Cr. Abednego Regional Governance in the Torres Strait Review

Deputy Mayor Loban Regional Governance in the Torres Strait Review

Mayor Malone Joint Standing Committee on Northern

Mayor Malone Abandoned Truck on Douglas Street, Thursday Island

Mayor Malone Rates Recovery Lots 9 and 10 Summer Street, Thursday Island

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 1

CONFIRMATION OF MINUTES

Min. 19/1/1 Moved Cr. Bani, Seconded Cr. Loban “That Council receive the Minutes of the Ordinary Meeting 11 December 2018 and confirm as a true and correct records of the proceedings.” Carried

BUSINESS ARISING AND MATTERS FOR ACTION FROM PREVIOUS MEETING

CEO referred to the ‘Matters for Action following a Council Meeting document provided to Councillors with updated information.

MAYOR’S PRESENTATION

The Mayor welcomed the Councillors to their first meeting of the year and looks forward to a successful year and new challenges

The Mayor provided a verbal report to the Council Meeting outlining the following:-

▪ Communication amongst Councillors was important ▪ Looks forward to receiving Calender of Events for 2019 ▪ Encouraged Councillors’ representations in all areas ▪ Commented on the Australia Day Awards and Ceremony ▪ Noted the Federal election looming in May 2019 ▪ Advised Councillors that TCICA has appointed a new Executive Officer, Melinda Eades ▪ Also advised Councillors that an invitation was received to attend the Women of the World Festival in London UK in March 2019

Adjournment: The meeting adjourned for Morning Tea at 10.20am and resumed at 10.50am.

1. CHIEF EXECUTIVE OFFICER

REPORT

Australia Day Awards 2019 and Ambassador – Mr Jay Larkins Annually Council particiaptes in the National Australia Day Ambassador Program which sends high achieving Australians to over 300 community celebrations nationwide every Australia Day. Ambassadors are sports and business people, scientists, actors and community workers who provide added inspiration and pride to Australia Day events and activities. The Program is coordinated by Australia Day Councils and Committees in each state and territory. It is proudly sponsored by Woolworths over the past 10 years. Mr Jay Larkins has been appointed as our Ambassador for 2019 and a brief Biography is provided for information

Biography for Jay Larkins

After his son was diagnosed with cerebral palsy, Jay Larkins became passionate about Paralympic football. Jay established the Brisbane Paralympic Football Program in 2006, and today coaches more than 100 children with a disability, giving them an opportunity to engage in team sport and exercise. As Director, Jay oversees a team of assistant coaches, managers, volunteers and regular physiotherapists and occupational therapists, who are all committed to helping the young athletes be the best they can. Jay’s ‘never say never’ attitude has been inspirational to many participants in the program, with four athletes representing Australia, and others working towards selection for the Australian Paralympic football team. More importantly, the Brisbane Paralympic Football Program provides an inclusive environment for young athletes with a disability to develop their skills and confidence. Jay is now helping to develop similar programs in other parts of and has established programs from the Gold Coast north to the Sunshine Coast. When asked about his coaching philosophy, Jay’s answer is simple: “I teach people motivation and self-belief.”

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 2

1. CHIEF EXECUTIVE OFFICER

REPORT

Australia Day Awards 2019 and Ambassador – Mr Jay Larkins (cont’d)

2019 Australia Award Recipients

Citizen of the Year Mrs Surinder Ahboo Young Citizen of the Year Mr Benjamin Yorkston Community Event of the Year 75th Anniversary of the Torres Strait Light Infantry Battalion Achievement Certificate Mr Learmoth James Moar Achievement Certificate Mr Cyrus Morseu

Citizenship Ceremony

Mr Vinay Rana

Community Christmas Lights Competition Torres Shire Council residents and businesses were encouraged to enhance the Festive Spirit with displays of Christmas Lights on their properties during the 2018- 2019 Festive Season.

Winners for the categories advertised in 2018-2019

Best Decorated Home and Garden: Miss Gibra Sambo, 25 Stephen Street, Thursday Is. Best Novelty Theme: Carey Laban and Family, 28 Blackall Street, Thursday Is.

Local Government Remuneration and Discipline Tribunal Report 2018 On 30 November 2018 the Local Government Remuneration and Discipline Tribunal concluded its review of remuneration for mayors, deputy mayors and councillors of Local Governments as required by Chapter 8, Part 1, Division 1 of the Local Government Regulation 2012.

Their determinations on the matters we are required to address, as well as the remuneration schedule to apply from 1 July 2019 and a summary and outcome of the discipline matters decided by the Tribunal in 2018, are included in the attached report

Discipline matters There were 20 complaints of misconduct referred to the Tribunal between 1 July 2018 and 30 November 2018.

Remuneration determination Chapter 8, Part 1, Division 1 of the Regulation sets out the processes which the tribunal is required to observe in deciding the remuneration that is payable to councillors.

In accordance with the Regulation, the tribunal has decided to increase remuneration levels for mayors, deputy mayors and councillors by 2.1% from 1 July 2019.

Remuneration determination for councillors Torres Shire Council is assigned to category 1 remuneration as per below:

Mayor $106,100 Deputy Mayor $61,211 Councillor $53,049

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 3

1. CHIEF EXECUTIVE OFFICER

REPORT

Local Government Remuneration and Discipline Tribunal Report 2018 (cont’d)

Notes to the remuneration schedule

Note 1 - The monetary amounts shown are the per annum figures to apply from 1 July 2019. If an elected representative only serves for part of a full year (that is, 1 July to 30 June) they are only entitled to a pro rata payment to reflect the portion of the year served.

Note 2 - For councillors in Category 1 councils, a base payment of $35,366 is payable for the 12 months commencing on 1 July 2019. A meeting fee of $1,473.60 per calendar month (or $736.79 per fortnight) is payable for attendance at, and participation in, scheduled meetings of council subject to certification by the mayor and/or chief executive officer of the council. Mayors and deputy mayors in Category 1 councils are to receive the full annual remuneration level shown.

Min. 19/1/2 Moved Cr. Abednego, Seconded Cr. Bani “That Council endorse (1) the remuneration for the Mayor, Deputy Mayor and Councillors of the Torres Shire Council be paid for the fulfilment of the duties of office, including performing the role of a Councillor and of the Mayor and Deputy Mayor to the best of their ability, with effective date from 1 July 2019; and (2) Category 1 Councillors (that is, not including Mayors and Deputy Mayors), be paid a base rate of $35,366 is payable for the 12 months commencing on 1 July 2019. A meeting fee of $1,473.60 per calendar month (or $736.79 per fortnight) is payable for attendance at, and participation in, scheduled meetings of council subject to certification by the mayor and/or chief executive officer of the council. Mayors and deputy mayors in category 1 councils are to receive the full annual remuneration level shown; and (3) the Remuneration Schedule (to apply from 1 July 2019) be Mayor $106,100, Deputy Mayor $61,211 and Councillors $53,049.” Carried

Torres Shire Council Strategic Planning To ensure that Executive Management continue to deliver the strategic direction of the Council, this session will set to review four (4) key areas of Council business:

(i) Corporate Plan Priority (ii) TSC Federal and State Priority Matters (iii) Capital Works 2018/2019 (iv) Council Priority Projects for funding and development

(i) Community Engagement – Community Survey Results Council ran a community survey during September 2017 to hear from our constituents on what are the priority issues that needs focus and attention. A high number of responses were received and the data and information collected from this survey has informed development of Torres Shire Council’s new Corporate Plan.

The top ten priority issues identified through the Community Survey were: Cost of Living, Housing, Better roads and footpaths, Employment, Education, Health and Wellbeing, Children and Youth, Water Supply and Infrastructure, Jetties and Boat Ramps and Internet/Telephone/Mobile.

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 4

1. CHIEF EXECUTIVE OFFICER

REPORT

Torres Shire Council Strategic Planning (cont’d)

(ii) Torres Shire Council Federal and State Priority Matters Advice was sought from Councillors as to the priority items for the attention of both state and federal governments, it was recommended that Council include telecommunications as a high priority (Federal).

Min. 19/1/3 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council endorse the State and Federal priorities for Torres Shire Council as follows:

State Government Priority 1 Homeownership and Land Tenure 2 Horn Island Affordable Housing Project 3 Regional Tourism Development 4 Regional Transport Infrastructure Investment – Public Transport 5 Torres Shire Council – main stream council 6 Regional High Costs of Living 7 Low Rate Base Council 8 State Government Contribution to Headworks Fees and Charges 9 Environmental Projection/Management

Federal Government Priority 1 Towards Greater Governance in Torres Strait – One Boat 2 Constitutional Recognition for Indigenous Peoples 3 Telecommunication in Torres Strait 4 National Partnership Agreement and Remote Indigenous Housing Investment 5 Horn Island Airport Investment 6 Torres Strait Regional Waste Management 7 Investment for the Establishment of Tourism Centre 8 High Cost of Living in Torres Strait 9 Economic Development – Employment Outcomes 10 Health Infrastructure Carried

(iii) Report on Capital Works Projects for Council

Through an extensive lobbying and grant funding application, Council will be delivering a number of projects during 2019, a brief overview report is prepared for Council to provide an update on what these projects will be including the priority projects Council set in the 2018-2019 Budget.

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 5

1. CHIEF EXECUTIVE OFFICER

REPORT

Torres Shire Council Strategic Planning (cont’d)

Projects for Construction 2019-2020

Name of Project Funding Amount Grant Funding Provider Completion Construction of POW Safe Landing $6,000,000 Torres Strait Regional Authority 30 June 2019 Facility Cooks Landing Beautification $500,000 W4Q 30 June 2019 POW Solar Lighting $40,000 W4Q + TSRA 30 June 2019 Thursday Island Sewerage Treatment $3,000,000 Major Infrastructure Program 30 June 2019 Plant Upgrade MIP6 TSRA Recreation facilities including Ken $1,423,000 Department of Sport & Recreation 30 June 2019 Brown Oval extension TSRA Roadworks JCU-Ken Brown Oval $600,000 James Cook University (JCU) Japanese Cemetery Grave Marker $62,000 Japanese Government 30 June 2019 Thursday Island Solar Lighting $100,000 W4Q + TSRA 30 June 2019 Horn Island Solar Lighting $40,000 W4Q + TSRA 30 June 2019 Horn Island Affordable Housing Sub $4,153,000 TSRA 31 Dec 2019 Division Prince of Wales Island Road $755,000 TSRA + LGGS 31 Dec 2019 300metres of concrete road Cycle Way Stage 3 $1,386,923 TSRA + State Govt. 31 Dec 2019 (Clark St to Hospital) Sadies Beach Heli Pad Project $565,000 Building Our Regions + W4Q 30 June 2020 Water Filtration Plant $12,000,000 DLGIP 30 June 2020 Horn Island New Land Fill Cell $500,000 Minor Infrastructure Funds TSRA 30 June 2020

(iv) Council Priority Projects (endorsed 2018-2019 Budget) Council, at the 2018-2019 Budget endorsed the following priority projects to be delivered in the Shire dependant on grant funding being sourced. Executive Management continuously are seeking grant funding opportunities to fund the exhaustive list of priorities for Council.

Project Funding Grant Funding Sources Priority Horn Island Airport Expansion $12,000,000 Torres Strait Regional Authority High Project Department of Transport and Infrastructure; Building our Regions; Regional Development Australia; Developing Northern Australia Tourism Information and Business $6,000,000 Building our Regions; High Centre Torres Strait Regional Authority; Tourism Queensland; Developing Northern Australia Roads and Drainage TI Cemetery $3,200,000 Tourism Grants; High Community Led Program PM&C; Mogi Trust Funds (Japanese section) ANZAC Park Public Toilet $180,000 Works for Queensland W4Q 2019-2020 Medium Rosehill Public Toilet $240,000 Works for Queensland W4Q 2019-2020 Medium Douglas Street Footpaths $600,000 Works for Queensland W4Q 2019-2020 Medium Paving & Rock Block making plant $450,000 Works for Queensland W4Q 2019-2020 Medium Mobile car crushing plant $550,000 Local Government Grants and Subsidy Program Medium (servicing all islands) Aplin Reserve Upgrade $175,000 Local Government Grants and Subsidy Program Medium (thru road) POW Road connections $12,500,000 Local Government Grants and Subsidy Program Low (6klm’s road) Torres Strait Regional Authority Department of Transport Tamwoy Beachfront improvements $1,000,000 Local Government Grants and Subsidy Program Low Department of Sports and Recreation Torres Strait Regional Authority Quarantine Sea Transport Hub $5,000,000 Local Government Grants and Subsidy Program Low Department of Transport Tourism Queensland Torres Strait Regional Authority

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 6

1. CHIEF EXECUTIVE OFFICER

REPORT

Installation of Grave Marker Posts, Japanese Cemetery In December 2018, the Japanese Government provided funding assistance of $68,500 to Torres Shire Council for the Restoration of Japanese Graves on Thursday Island. There are more that 750 graves along with a memorial in the Japanese section of the Thursday Island Cemetery and this project will entail marker posts being installed for approx. 450 unknown/unmarked Japanese graves.

Min. 19/1/4 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council write to the Consul-General of Japan, Brisbane and formally acknowledge and thank the Tokyo Government for funding $68,500 towards the Restoration of Japanese Graves on Thursday Island Project.” Carried

Trustee Lease on Lot 3 and Lot 5 SP292844 – Formal Acceptance Torres Shire Council tabled correspondence from the Department of Housing and Public Works in 2018 regarding Lots 3 and 5 on SP292844. The Department of Housing and Public Works had formally offered TSC a 30-year Trustee Lease over the said parcel of land for $1 per annum. Whilst Council accepted the formal offer, the Department is seeking a Council Resolution to finalise the transaction.

Min. 19/1/5 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council agrees to formally enter into a 30-year Trustee Lease over Lots 3 and 5 on SP292844 from the Department of Housing and Public Works as offered on 13 March 2018.” Carried

Works for Queensland 2019-2021 Torres Shire Council has received correspondence regarding the next round of the Palaszczuk Government’s Works for Queensland (W4Q) Program seeking advice on Council’s allocation of $1,490,000 under the 2019-21 round of the program.

The Honourable Stirling Hinchliffe MP, Minister for Local Government, Minister for Racing and Minister for Multicultural Affairs, has approved the 2019–21 W4Q Program Guidelines. The Minister has written to Council about the Guidelines, which will be available soon on the Department of Local Government, Racing and Multicultural Affairs’ website (www.dlgrma.qld.gov.au).

A sample List of Projects (LOP) template will also be made available on the Department’s website to assist Council with planning its W4Q project submissions. Council will be able to submit their LOPs through the Department’s portal in February and March 2019.

Min. 19/1/6 Moved Cr. Bani, Seconded Cr. Loban “That Council, in principle, endorse the following projects under the Works for Queensland 2019-2021 allocation:

1 ANZAC Park Public Toilet $180,000 Works for Queensland W4Q 2019-2021 2 Rosehill Public Toilet upgrade $140,000 Works for Queensland W4Q 2019-2021 3 New Rosehill Zarzar Toilet $100,000 Works for Queensland W4Q 2019-2021 4 Douglas Street Footpaths $600,000 Works for Queensland W4Q 2019-2021 5 Aplin Reserve upgrade $225,000 Works for Queensland W4Q 2019-2021 Total $1,245,000 Carried

Min. 19/1/7 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council receive the report of the Chief Executive Officer.” Carried

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 7

Adjournment: The meeting adjourned for lunch at 12.25pm and resumed at 1.15pm.

2. CORPORATE AND COMMUNITY SERVICES

REPORT

FINANCE

Min. 19/1/8 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council adopt the Financial Reports for Comprehensive Income, Financial Position, Cash Analysis, Capital Works, Grants Register, Monthly Financial Health Check, Horn Island Airport Financial Position and Quarry Financial Position as presented as at 31 December 2018.” Carried

Record of POW Community Consultation held Saturday 24 November 2018

Min. 19/1/9 Moved Deputy Mayor Loban, Seconded Mayor Malone “That Council receive the Record of the POW Community Consultation held at the Loban Road Hall on Thursday Island on Saturday 24 November 2018.” Carried

Min. 19/1/10 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council receive the report of the Director Corporate and Community Services.” Carried

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Drinking Water – Testing Normal Test samples of drinking water are carried out each week. Due to Queensland Tropical Health’s instructions the Boiled Water Precautionary Alert will remain in place until the temporary filtration plant is installed.

Water Conservation and Usage

Loggy Creek Dam volume 72.50% 1240 ML as at 18 January 2019

Water Consumption for December 2018

Average Monthly Consumption Consumption Volume Population Litres per person/ day Thursday Island 43.101 ML 3800 351 Horn Island 8.18 ML 900 281 Hammond Island 3459 KL 210 510

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 8

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Major Capital Works Update

PROJECT UPDATE INFORMATION POW Safe Landing Facility The project has now completed the State Government Town Planning approval. Objection period has closed and they are being responded to. Cultural Heritage Assessment will be carried out on Wednesday 23 January 2019 Ken Brown Oval Lighting The contractor R&R Spinella has completed 90% of the electrical works and has erected the lighting towers. Loggy Creek Water Filtration Plant The Filtration Plant has been installed and was commissioned on Friday 21st December. The tender for the Permanent Filtration Plant will be called on the first week of February. Ice – Pigging of all Water Mains Suez will have completed the scouring of the water (scouring) mains by Friday 25 January. Ken Brown Oval and Victoria This project is proceeding well, with the storm water Parade drainage being the first priority and then the extension of the field. The timber fencing will commence in the week of the 21 January Prince of Wales Island Tender for the construction of 300m of concrete road was awarded to Torres Strait Island Homes. The refuse skips have been moved from Blue Fish Point to the Council’s land on Lot 72 to alleviate any mess being left on the waterfront. The hard rubbish is being transported to Horn Island Landfill. Covered Structures and Toilet Supply of these buildings have been let to ASIbuild Block for the Cook Esplanade Horn Island Housing Subdivision RPS Surveyors arrived on 12 December to carry out survey works. PDR-SMEC are now doing the Engineering Design Solar Street Lighting Some of the solar street lighting has been installed at Rosehill, Seriat Crescent, TI Water front at Engineers Jetty and ANZAC Park Potholes and Bitumen Repairs Workforce are attending to these as time permits Horn Island Airport Changes It has been identified that the parking of the Buses and the discharging of the passengers directly in front of the terminal entry makes us non compliant under CASA regulations. It is therefore proposed to have the Buses relocated further to the east so as not to impinge on the door openings to the screened terminal.

Horn Island Airport Master Plan The Horn Island Airport Master Plan has been revisited and it has been now ascertained that the current terminal’s operations are not compliant with CASA ever since the Screen Baggage has been in operation. It basically means that the current terminal cannot be used for the passengers coming from the outer islands as it can only be for screened passengers. Currently passengers from the fixed wing flights cross the airport with their unscreened baggage whilst the QANTAS Dash 8 is boarding passengers. We are now redesigning the plan to accommodate this.

Min. 19/1/11 Moved Cr. Bani, Seconded Cr. Loban “That Council receive the report of the Director Engineering & Infrastructure Services.” Carried

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 9

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Council Policy Review

Min. 19/1/12 Moved Cr. Abednego, Seconded Cr. Bani “That Council note the revised Torres Shire Council policies pertaining to Section 4 - Elected Members include policies in relation to: • Complaint about an Elected Member; • Investigation; • Related Parties Disclosure; • Councillor use of information; • Teleconferencing by Councillor; • Councillor Code of Conduct; • Councillors Remuneration; and • Re-imbursement of Expenses ” Carried

Native Title and Cultural Heritage Considerations A core strategic outcome of TSC’s draft planning scheme is that “[a]ll developments in Torres Shire values, protects and promotes Aboriginal and Torres Strait Islander knowledge, culture and tradition.”. To achieve this strategic outcome, TSC employees must have a good understanding of the processes set out in native title and cultural heritage legislation as they relate to decisions TSC might make concerning proposed developments on land and sea country within TSC jurisdiction.

Under the Native Title Act 1993 (C’th) traditional owners are often provided with procedural right to be consulted about decisions or activities that could affect the enjoyment of their native title rights and interests. The common law dealing with native title is still evolving. The Federal and High Courts continue to clarify the extent to which native title rights and interests can be recognised and protected at common law.

Native Title processes and cultural heritage considerations should be added to all checklists dealing with land and waters and incorporated into all planning, development and management documents and processes.

TSC can adopt a precautionary approach to native title matters and cultural heritage considerations. This involves:

• identifying where native title and cultural heritage continues to exist or may continue to exist, and where native title and cultural heritage does not or no longer exists; • considering becoming a party to relevant native title determination applications in the Federal Court and participating in consultation and mediation with the National Native Title Tribunal or experienced facilitators; • consulting with and developing a working relationship with native title holders or applicants and the Torres Strait Regional Authority (TSRA) in its capacity as the native title representative body; and • having a reasonable understanding of what procedures the TSC will need to follow in order to carry out particular activities in areas where native title and cultural heritage exists or may exist.

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 10

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Native Title and Cultural Heritage Considerations (cont’d) The reasons for adopting a precautionary approach to native title matters and cultural heritage considerations are:

• the need for TSC to recognise everyone’s lawful rights; • the need to minimise the exposure of TSC to litigation, which could give rise to damages and compensation; • following the proper procedures in native title and cultural heritage legislation will ensure that development outcomes are lawful and valid (in so far as they affect native title and cultural heritage); and • the need for TSC to develop and maintain productive ongoing working relations with the Aboriginal and Torres Strait Islander people of the region.

Where native title and/or cultural heritage exists, TSC has a responsibility to ensure that its planning, development and management activities are carried out in ways that respect and protect native title and/or cultural heritage rights and interests. It may be necessary to make changes in the timing of particular routine activities or practices or allow more time to liaise with native title holders or registered native title applicants. These matters should be discussed with the relevant parties and, if possible, agreements negotiated in relation to procedural requirements.

Min. 19/1/13 Moved Cr. Abednego, Seconded Cr. Bani “That Council (1) endorse the adoption of a precautionary approach to Native Title matters and cultural heritage considerations as a governance measure to ensure the rights and interests of native title holders are taken into account at the earliest possible stages in TSC’s planning, development and management processes and (2) endorse, in principle, the adoption of a predevelopment Native Title and Cultural Heritage Checklist as part of the preliminary planning process prior to the undertaking of activity or development in areas where native title is determined or may exist and/or cultural heritage may exist.” Carried

Recent State Government Legislative Amendments and Policy Changes The State Government has passed and/or amended the following legislation:

• The Housing Legislation (Building Better Futures) Amendment Act 2017 (Qld) as it applies to the Retirement Villages Act 1999 (Qld) to enhance safe, secure and sustainable retirement homes and provide a fairer environment for residence and prospective residence. • Building Industry Fairness (Security of Payments) Act 2017 (Qld) to bring changes to progress payments, a fairer and simpler adjudication system, modernised and simplified provisions in relation to subcontractors’ charges and new requirements for handling retention monies.

Min. 19/1/14 Moved Cr. Abednego, Seconded Cr. Loban “That Council notes the letter of 16 November 2018 from the Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport to the CEO concerning the Housing Legislation (Building Better Futures) Amendment Act 2017 (Qld), (2) notes the letter of 17 December 2018 from the Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport to the Mayor concerning the Building Industry Fairness (Security of Payments) Act 2017 (Qld) and (3) notes the letter of 8 December 2018 from the Director-General, Department of Transport and Main Roads to the CEO advising that the Department had produced draft Regional Transport Plans across Queensland.” Carried

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 11

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

New Torres Shire Council Planning Scheme – Part I A new Torres Shire Council Planning Scheme is now in the final form. The Planning Scheme details the strategic intent and outcomes desired by the TSC for the development of the Shire.

New Torres Shire Council Planning Scheme – Part II The new Torres Shire Council Planning Scheme was developed over an extensive period through detailed consultation with State Government and key stakeholders.

The planning scheme reflects the strategic intent and outcomes of the Torres Shire as they relate to sustainable future development. The planning scheme addresses the Torres Shires need for sustainable housing and urban growth by reflecting the intent of the Wasaga Master plan. It also appropriately address to key issues, namely:

• Native Title and Cultural Heritage; • Biodiversity; • Natural Hazards and Sea Level Rise; and • Coastal Management.

Min. 19/1/15 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council (1) resolve to adopt the new Torres Shire Council Planning Scheme and (2) resolve that new Torres Shire Council Planning Scheme be submitted to the Minister for State Development, Manufacture, Infrastructure and Planning for State Interest Review.” Carried

Wasaga Masterplan Review On 21 December 2018 DGPS met with DATSIP to discuss the review of the Wasaga Masterplan and its interface with the new Torres Shire Council Planning Scheme. The proposed changes to the Wasaga Masterplan have been developed to reflect the intent of the new Torres Shire Council Planning Scheme. DATSIP have endeavoured to benchmark community expectations against infrastructure need at Wasaga as part of the review. DASIP has developed a draft masterplan and has requested that TSC officers meet with DATSIP in February to consider the draft and discuss the development of a community consultation programme.

Crocodile Sightings – Thursday Island and Prince of Wales Island

Thursday Island On Friday 4 January 2019 Ports North personnel advised Council’s compliance team about the sighting of a crocodile in the waters in front of the Federal Hotel at Thursday Island. In accordance with Council procedures, Ports North personnel were advised to further report the sighting to CrocWatch. Council’s Senior Compliance Officer immediately erected a crocodile sighting warning sign on Victoria Parade in the vicinity of the sighting.

Prince of Wales Island On Monday 7January 2019 a resident of Prince of Wales Island sighted a crocodile in the waters off Muralag Beach. The resident was also encouraged to contact CrocWatch.

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 12

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Crocodile Management The CEO authorised a media release concerning the sightings and Council’s Senior Compliance Officer conducted a radio interview to increase the awareness of the risks with crocodiles in the region, particularly during the extant crocodile mating season and to encourage the reporting of sightings to CrocWatch.

Min. 19/1/16 Moved Cr.Abednego, Seconded Cr. Loban “That Council received the Report of the Director Governance and Planning Services.” Carried IN COMMITTEE

1 Tamwoy Development Association 2 Torres Shire Council ATS Kaurareg Aboriginal Land Trust Supreme Court Proceedings 203 of 2016 (Horn Island Sand Extraction Lease Litigation – Lot 4 and 7 on SP142707) 3 Torres Shire Council – Notice of Intention to Resume Lots 4, 7 and 9 on SP142707 4 Torres Strait Regional Authority (TSRA) Regional Governance Committee Report 5 IDAS 18/04 Prince of Wales Island – Proposed Marine Safe Landing Facility 6 Torres Shire Council Temporary Water Filtration Unit 7 ERP Systems Managed Procurement Services 8 Sale of Properties for Overdue Rates 9 Staffing Matters

Min.19/01/17 Moved Cr. Bani, Seconded Cr. Loban “That Council go in Committee” Carried

Tamwoy Development Association

Cr. Abednego declares a Conflict of Interest I declare that I have a conflict of interest in the above matter (as defined the Local Government Act 2009, section 175D) as follows:

I am a member of the Tamwoy Development Association Inc and I have determined that this personal interest is not of sufficient significance that it will lead me to making a decision on the matter that is contrary to the public interest. I will best perform my responsibility of serving the overall public interest of the whole of the Council’s area by participating in the discussion and voting on this matter.

However, I acknowledge that the remaining councillors must now determine, pursuant to section 175E(4) of the Local Government Act 2009: -

(a) Whether I have a real conflict of interest in this matter or a perceived conflict of interest in this matter, and (b) if so, whether: - i. I must leave the meeting while this matter is discussed or voted on; or ii I may participate in the meeting in relation to the matter, including by voting on the matter.

Min. 19/1/18 Moved Cr. Loban, Seconded Deputy Mayor Loban “That Council has determined that Councillor John Abednego does not have either a real conflict of interest or perceived conflict of interest in the matter and is accordingly free to participate in the meeting while this matter is discussed, including by voting on the matter.” Carried

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 13

IN COMMITTEE

Torres Strait Regional Authority (TSRA) Regional Governance Committee Report

Cr. Abednego declares a Conflict of Interest I declare that I have a conflict of interest in the above matter (as defined the Local Government Act 2009, section 175D) as follows: I am a board member of the Torres Strait Regional Authority (TSRA). I will be dealing with this declared conflict of interest by leaving the meeting while this matter is discussed and voted on.

Min 19/1/19 Moved Cr. Loban, Seconded Cr. Bani “That Council has determined that Cr. Abednego has a real/perceived conflict of interest in the matter and, accordingly, must leave the meeting room, including any place set aside for the public and stay away while this matter is discussed and voted on.” Carried

Departure: Cr. Abednego departed the meeting at 4.45pm.

Torres Strait Regional Authority (TSRA) Regional Governance Committee Report

Deputy Mayor Loban declares a Conflict of Interest I declare that I have a conflict of interest in the above matter (as defined the Local Government Act 2009, section 175D) as follows: I am a board member of the Torres Strait Regional Authority (TSRA). I will be dealing with this declared conflict of interest by leaving the meeting while this matter is discussed and voted on.

Min 19/1/20 Moved Cr. Bani, Seconded Cr. Loban “That Council has determined that Deputy Mayor Yen Loban has a real/perceived conflict of interest in the matter and, accordingly, must leave the meeting room, including any place set aside for the public and stay away while this matter is discussed and voted on.” Carried

Departure: Deputy Mayor Loban departed the meeting at 4.47pm.

Attendance: Cr. Abednego and Deputy Mayor Loban returned to the meeting at 4.55pm.

IDAS 18/04 Prince of Wales Island – Proposed Marine Safe Landing Facility

Deputy Mayor Loban declares a Conflict of Interest I declare that I have a material personal interest in the above matter (as defined the Local Government Act 2009, section 175D) as follows: I am the owner operator of a Marine Ferry Service. I will be dealing with this declared material personal interest by leaving the meeting while this matter is discussed and voted on.

Min.19/01/21 Moved Cr. Loban, Seconded Cr. Bani “That Council has determined that Deputy Mayor Loban has a material personal interest in the matter and, accordingly, must leave the meeting room, including any place set aside for the public and stay away while this matter is discussed and voted on.” Carried

Departure: Deputy Mayor departed the meeting at 5.15pm and returned at 5.30pm.

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 14

IN COMMITTEE

Torres Shire Council Temporary Water Filtration Unit

ERP Systems Managed Procurement Services

Sale of Properties for Overdue Rates - 57 Summer Street

Mayor Malone declares a Conflict of Interest I declare that I have a material personal interest in the above matter (as defined the Local Government Act 2009, section 175D) as follows: I have a relationship as a niece of the resident/ratepayer of the above property in Summer Street. I will be dealing with this declared material personal interest by leaving the meeting while this matter is discussed and voted on.

Min.19/01/22 Moved Cr. Abednego, Seconded Cr. Bani “That Council has determined that Mayor Malone has a material personal interest in the matter and, accordingly, must leave the meeting room, including any place set aside for the public and stay away while this matter is discussed and voted on.” Carried

Departure Mayor Malone departed at 5.35pm and returned at 5.45pm.

Staffing Matters Departure: The Director Governance and Planning Services, Director Corporate and Community Services and Minute Secretary departed the meeting at 5.45pm whilst staff matters were discussed and returned at 5.55pm.

Min.19/01/23 Moved Cr. Bani, Seconded Cr. Loban “That Council come out of in Committee” Carried

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Tamwoy Development Association Min. 19/1/24 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council resolves (1) to institute proceedings against the Tamwoy Development to recover the outstanding rates and charges in accordance with Regulation 134 of the Local Government Regulations 2012 levied against the Tamwoy Development Association properties being Lot 6, 21 and 22 on Crown Plan T20733 County of Torres Parish of Kennedy; Lot 31 on Crown Plan T20722 County of Torres Parish of Kennedy and (2) to enforce any or all judgments awarded against the property situated at 21 Nazeer Street, Thursday Island being Lot 31 on Crown Plan T20722 County of Torres Parish of Kennedy by Warrant of Enforcement (3) approves the issue of a Notice of Intention to sell the property situated at 21 Nazeer Street, Thursday Island being Lot 31 on Crown Plan T20722 County of Torres Parish of Kennedy and delegates authority under the Local Government Act 2009 to the Chief Executive Officer to deal with matters relevant to the process of sale or acquisition.” Carried

Torres Shire Council ATS Kaurareg Aboriginal Land Trust Supreme Court Proceedings 203 of 2016 (Horn Island Sand Extraction Lease Litigation – Lot 4 and 7 on SP142707) Min. 19/1/25 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council resolves to make a formal offer of settlement of $170,000 plus costs in relation to Supreme Court Proceeding 203 of 2016 between Torres Shire Council and Kaurareg Aboriginal Land Trust.” Carried

Torres Shire Council – Notice of Intention to Resume Lots 4, 7 and 9 on SP142707 Min. 19/1/26 Moved Mayor Malone, Seconded Cr. Loban “That Council resolves - (1) to discontinue the preposed resumption of Lots 4, 7 and 9 on SP142707 by serving a Notice under section 16 of the Acquisition of Lands Act 1967 (Qld), and (2) to investigate the real economic value of the quarry operation the potential alternative sources for rock and sand on Council controlled land and undertake a resource assessment for the purposes of determining future potential sand and quarry operation on Horn Island.” Carried

Torres Strait Regional Authority (TSRA) Regional Governance Committee Report Min. 19/1/27 Moved Cr. Bani, Seconded Cr. Loban “That Council (1) notes the TSRA Regional Governance Committee Report, and (2) notes the letter dated 7 December 2018 from the Director-General of the Department of Local Government, Racing and Multicultural Affairs wrote to the TSRA Chair on behalf of the Honourable Jackie Trad MP, Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships and all key staking- holding Queensland Government Departments, to the Chair of TSRA, and (3) resolves to facilitate and assist in any regional response to the TSRA Regional Governance Committee Report.” Carried

IDAS 18/04 Prince of Wales Island – Proposed Marine Safe Landing Facility Min. 19/1/28 Moved Cr. Bani, Seconded Cr. Loban “That Council resolves to delegate to the Chief Executive Officer authority to enter into a Cultural Heritage Management Plan with the Kaurareg Native Title Aboriginal Corporation and the Applicant’s for the Kaurareg No.2 claim in relation to Prince of Wales Island.” Carried

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Torres Shire Council Temporary Water Filtration Unit Min. 19/1/29 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council gives permission to issue a variation to Membrane Systems Australia to design, supply, deliver, install and commission an additional Temporary Water Treatment Membrane Train, at a cost of $504,152,00 (incl. GST) which will come out of the $12million grant funding.” Carried

ERP Systems Managed Procurement Services Min. 19/1/30 Moved Cr. Loban, Seconded Mayor Malone “That Council resolves to confirm IT Vision as the ‘preferred supplier’ and undertake negotiations with them to establish their ‘best and final offer’ to inform contract finalisation for subsequent presentation to Council.” Carried

Sale of Properties for Overdue Rates Lot 57 Summer Street Min. 19/1/31 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council (1) resolves to sell Lot 9 and 10 on Registered Plan 700592 County of Torres Parish of Kennedy in accordance with the Local Government Regulation 2012 Chapter 4, Part 12, Division 3, selling or acquiring land for overdue rates and charges and, (2) approves the issue of a Notice of Intention to Sell and delegates authority under the Local Government Act 2009 to the Chief Executive Officer to deal with matters relevant to the process of sale or acquisition.” Carried

Staffing Matter - CEO Min. 19/1/32 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council approves the request received from Chief Executive Officer, Mrs Dalassa Yorkston to enrol in the MBA program at Deakin University.” Carried

Queensland Indigenous Tourism Strategy Min. 19/1/33 Moved Cr. Loban, Seconded Cr. Bani “That Council approves the Chief Executive Officer, Mrs Dalassa Yorkston to actively participate as a committee member of the Queensland Tourism Industry Council in the development of the Queensland Indigenous Stragety.” Carried

Financial Statements Min. 19/1/34 Moved Cr. Bani, Seconded Cr. Abednego “That Council, due to time constraint, request that the presentation of the In- Committee Financial Statements for December 2018 and January 2019 be included in the agenda for 19 February 2019 Council Meeting. “ Carried

COUNCIL MINUTES ORDINARY MEETING 29 JANUARY 2019 17

7. GENERAL BUSINESS

Cr. Loban  Tamwoy Court – requires upgrade

Deputy Mayor Loban  Horn Island High School–Oval MOU follow up  Horn Island - new development – stormwater overflow  Horn Island New Toilet Block – remove graffiti and replace damaged door

Mayor Malone  Roads and potholes around the Shire  Pooling of water and drain issues  Gym equipment requiring replacement  Claims for travel allowances dating back to 2016 (will be tabled at the next Council meeting)  Seeks Council support to provide travel allowance to attend the Women of the World Festival in London in March 2019

DATE OF NEXT MEETING: Tuesday, 19 February 2019

CLOSURE: The meeting closed with a prayer by Cr. Bani at 6.10pm.

Confirmed this day of

MAYOR

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