MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, ON TUESDAY, 21 MARCH 2017 ______

PRESENT Mayor Vonda Malone (Chair), Deputy Mayor Yen Loban, Cr. John Abednego, Cr. Gabriel Bani, Cr. Thomas Loban, Andrew Brown (Director Corporate and Community Services), Keith Yorkston (Director Engineering and Infrastructure Services) William Cuthbertson and Nola Ward Page (Minute Secretary)

The meeting opened with a prayer by Cr. Bani at 9.10am.

Note: The Chief Executive Officer Dalassa Yorkston will arrive later in the morning.

ACKNOWLEDGEMENT

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

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

Mrs Agnes Fox Mr Warren Hughes (Cairns)

Mayor Malone offered condolences, acknowledgement and respect to the late Mrs Agnes Fox and the families of Mrs Fox and stated Mrs Fox was a well- respected and highly acclaimed former elected leader of our Shire. Her massive contribution over the years has enabled considerable improvements in services for our communities.

Cr. Abednego acknowledged the achievements of the late Mrs Agnes Fox as a strong advocate as a former Councillor for Torres Shire Council especially representing Horn Island community in health and education matters during her terms of office.

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT –

Mayor Vonda Malone and Councillor Thomas Loban Engineering & Infrastructure Services Section 3 Item 3.12 - TI Hospital Dialysis Unit - Proposed Expansion

Cr. John Abednego In Committee Finance - Aged Debtors

CONFIRMATION OF MINUTES - deferred to later in the meeting

BUSINESS ARISING AND MATTERS FOR ACTION FROM PREVIOUS MEETING –

The Mayor requested a community update on current dam level and water restrictions and to publicise for community information.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 1

REPORT FROM MAYOR

Acknowledgement to the traditional owners of Kaiwalagal and of the Torres Strait & elders past & present

Department Of Aboriginal and Torres Strait Islander Partnership (DATSIP) – 1 March, 2017

Regular dialogue has now been established with DATSIP to progress long-term tenure issues for the Torres Shire area. The meeting with Allen Cunneen, Deputy Director-General and Joanne Bryant of DATSIP covering:  Ken Brown Oval – reconfiguration of boundaries  Tamwoy Basketball Courts – reconfiguration of boundaries  Horn Island Affordable Housing Project (HIAHP) - Council submission to the Department of Natural Resource and Mines (DNRM) is at assessment stage with an outcome to be forthcoming. DATSIP will work with Council to start the consultation, master planning and housing design process so HIAHP is at stage ready to be funded, should housing funding become available.  156 Douglas Street – potential future use  Department of Natural Resources and Mines dealings with 41/43 Loban Road  TRAWQ State Reserves – provided overview on 99 year lease verses rural and residential lease options for tenancy. Further exploration and follow up required.  TSC Planning Scheme – press release being developed advising of the start of the process and that the draft scheme will be available by the end of 2017.  Orlando Hall – general operations  TSC Community Capacity Statement and Indigenous Employment Opportunity Plan for Star of the Sea redevelopment – DATSIP is pleased with the reformatted statement and sought signed off so the document can be utilised for pressing negotiations with Star of the Sea contractors and other looming works to embedd the Indigenous Employment Opportunity Plan (IEOP).

Monthly meetings with DATSIP will ensure Council matters are progressed and regularly monitored.

Torres Strait Employment and Training Committee Meeting – 2 March, 2017

DATSIP facilitated the Torres Strait Employment and Training Committee Meeting providing key stakeholders the forum to identify and maximise opportunities for people within the Torres Strait region with educational, employment and training pathways. Representatives were keen to focus on providing more opportunities locally, building true capacity to grow our own. Topic of discussion included:  DATSIP programmes including the Youth Employment Program targeted at support for senior students, the role of Technical Working Group and Torres Strait Community Capacity Statement to enhance local business opportunities.  TSC – council projects/update – including Works4Qld Projects  TSIRC – council projects/update – including Works4Qld Projects  Prime Minister and Cabinet (PM&C) – program updates, CDP & Funding Incentives/Grants  TSRA – program updates and activities  My Pathway – CDP Activity Update  One Way Solutions – Business update by David Ahboo insight on the NPA model of maximising the Indigenous Employment Opportunity Plan (IEOP) past 20% employment outcome.  DET – initiatives currently available

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 2

REPORT FROM MAYOR (cont’d)

Royal Commission into Institutional Responses to Child Sexual Abuse (The Royal Commission) – 6 March, 2017

Met with Nici Wilson and Edie Coe from The Royal Commission along with Ivy Trevallion and MacRose Elu who are part of the advisory group. The purpose of the meet was to get an understanding of the Royal Commission and to for the group to seek guidance, advice and support about the proposed Torres Strait engagement.

The Royal Commission has been operational for the past 4 years and was initiated by the former Gillard Government. Over that period, it has worked with many communities with the aim of creating a safer future for children. The Royal Commission’s work has, to date, included over 6400 private sessions with individual survivors of child sexual abuse, 50 public hearings into particular institutions or policy issues, and consultation processes such as community meetings and policy roundtables. The Royal Commission wants to ensure that key organisations, their clients and community members have the opportunity to provide valuable insights to help with the scope of work. The final report will be presented to government at the end of 2017.

Upon completion of the initial engagement process it is planned that on 6-7 April, 2017 two Royal Commissioners (Commissioner Helen Milroy and Commissioner Robert Fitzgerald) will hold a Community Forum(s) on Thursday Island to discuss issues associated with the work of the Royal Commission with community leaders, support services and community members.

Gold Coast Commonwealth Games Relay Baton Announcement – 7 March, 2017

Torres Shire announced that it will host the 2018 Commonwealth Games Queens Baton Relay and boast to be the first town to receive the baton. The baton will arrive in the Shire on 3 March, 2018 and will continue onto TSIRC jurisdiction of Hammond Island. Members of the community are encouraged to nominate to be a baton bearer with nominations open till 15 May, 2017. The baton started its global journey at Buckingham Palace on Commonwealth Day on 13 March, 2017.

Horn Island Airport Masterplan Consultation – 7 March, 2017

PDR consultants facilitated consultation over the past weeks with stakeholders and community members on the proposed Horn Island Airport Masterplan. The draft plan will guide the future development of the Horn Island Airport. A number of matters were put forward specifically around ensuring that the current statistics and future usage it accurately detailed also reflecting potential growth/expansion of the current precinct including allowances for defined baggage claim area and parking for easier traffic flow.

Malil Forward Steel TSI Corporation – 7 March, 2017

Barbara Ibuai, Vice President, elder Patrick Whop, President and Flora Warria have formed a working group to establish the Malil Forward Steel TSI Corporation. The working group is specifically focused on holding a commemorative celebration next year to mark 50 years and give due recognition to the hundreds of who made significant contribution to the establishment of the railway system in Western . As part of the commemorative project the working group is:  Finalising registration of the corporation with the Office of Aboriginal Corporations (ORIC) so that they can be eligible to apply for grants to support the project.  Seeking Council support to allocate a suitable site on the esplanade for the erection of the bronze plaque.  Produce a documentary to capture the stories of the railway men. The 50th anniversary falls on 8 May 2018, however to allow sufficient time to acquire support the advisory group proposes to hold the event in September 2018.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 3

REPORT FROM MAYOR (cont’d)

Community Cabinet Meeting, 13 March, 2017

An urgent community cabinet was called in Cairns by the Palaszuck government to host a full cabinet meeting with respective Mayors of Indigenous communities. The short notice left all Councils limited time to prepare for discussion. Prior to the Cabinet meeting Mayors were able to first formally meet the newly appointed Minister for Aboriginal and Torres Strait Islander Partnership, the Hon. Mark Furner and provide an overview of the key issues affected by Councils. Minister Furner made a commitment to host regular meetings with Mayors and the Indigenous Leaders Forum (ILF) to keep abreast of issues. During Cabinet discussions and in his opening statement Mayor Alf Lacey, Palm Island, put forward to the Deputy Premier the need to establish a statement of intent, similar to the Redfern Statement, to call on government for urgent action and focus on critical ongoing issues faced in our communities. The Deputy Premier was receptive to the proposal and offered the assistance of her staff to work with the ILF to develop the statement.

The remaining discussion focussed on strategic issues:  Alcohol Management Plan  Restoration of the SGFA  Continuation of the Works for Queensland IniInitiative  Focus on local employment and best possible outcome and effective use of resources  Greater focus on Primary Health Care and the review of the fly-in-fly-out of health professionals  Housing strategy post NPARIH in 2018  Economic Development  Recognition as leaders

Ernie Dingo – 14 March, 2017

As part of his six part series Going Places with Ernie Dingo, the Torres Shire will feature as one of Australia’s most iconic destinations along with other landmark places including Uluru, Kakadu National Park and the Great Barrier Reef. Ernie’s show will capture the uniqueness of our area and the characters. The program will also feature the community garden and highlight it as a good community initiative.

Ministers Visit – 14 March, 2017

The Hon. Shannon Fentiman, Minister for Communities, Women and Youth, Minister for Child Safety and Prevention of Domestic and Family Violence, the Hon. Coralee O’Rourke, Minister for Disability Services, the Hon. Dr Anthony Lynham Minister for State Development and Natural Resources and Mines made a quick visit to region following the Community Cabinet Meeting. During their visit I facilitated a field visit to the surrounding islands of the Shire, including Prince of Wales Island, for Minister Fentiman and Minister O’Rourke. Minister O’Rourke was also able to visit the aged care facility and meet with staff.

I also had a brief engagement with Minister Lynham to follow up on the transfer of the Horn Island Affordable Housing Project and various unallocated state land matters. Minister Lynham is undertaking urgent follow up on these outstanding issues.

Other Representation: • 15 March, 2017 – Dinner with Minister Fentiman and Minister O’Rourke

RECOMMENDATION

That Council: 1. Notes this brief; 2. Endorses the revised TSC Community Capacity Statement.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 4

REPORT FROM MAYOR (cont’d)

Min. 17/03/1 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council endorse the revised TSC Community Capacity Statement.” Carried

Min. 17/03/2 Moved Cr. Bani, Seconded Cr. Loban “That Council receive the Mayor’s Report.” Carried

Adjournment: The Meeting adjourned for Morning Tea at 10.20am and resumed at 10.45am.

CONFIRMATION OF MINUTES

Min. 17/3/3 Moved Mayor Malone, Seconded Cr. Abednego “That Council receive the Minutes of the Ordinary Meeting of 28 February 2017 and confirm as a true and correct record of the proceedings.” Carried

1. CHIEF EXECUTIVE OFFICER

REPORT

This report is deferred until later in the meeting upon the arrival of the CEO Dalassa Yorkston from this morning’s QANTAS flight.

Attendance: The Finance Manager Mr. Colin Duffy arrived at the meeting at 10.50am.

2. CORPORATE AND COMMUNITY SERVICES

REPORT

FINANCE

Attendance: The Mayor welcomed the Finance Manager to the meeting to deliver the financial statements.

Attendance: The Chief Executive Officer arrived at the meeting at 11.02am.

Financial Statements Financial statements and reports as at 28th February 2017 inclusive of adopted budget and revised budget for 2016/2017 as at February 2017 are:

Statement of Comprehensive Income Statement of Financial Position

Adjournment: Councillors were invited to join staff for a Harmony Day buffet and adjourned at 11.17am and resumed at 11.30am.

Cash Analysis Capital Works Grants Register Monthly Financial Health Check Financial Statement - Horn Island Airport Financial Statement - Quarry Operation

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 5

2. CORPORATE AND COMMUNITY SERVICES

REPORT

Financial Statements (cont’d)

Min. 17/03/4 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council adopt the Reports for Comprehensive Income, Financial Position, Cash Analysis, Capital Works Financial Statements, Grants Register, Monthly Financial Health Check, Horn Island Airport Financial Position and Quarry Financial Position as presented for the 28th February 2017.” Carried

Departure: The Financial Manager departed the meeting at 12.20pm.

Adjournment: The meeting adjourned for lunch at 12.20pm and resumed at 1.15pm

Grant Application Submission

Cemetery Grant funding (This item was deferred from the February Council Meeting)

Trustee 180,000 subject to confirmation Japan Electricity and Japanese consultant 390,000 Building Better Regions Fund Federal 2,100,000 Total 2,670,000

Consulting Engineer is preparing roadworks, drainage and landscaping for cemetery for use in application process. Council will need to set aside a budget amount for this of approximately $30,000 including design layout.

Supporting letters are required from Japanese consultant, TI Japanese committee, Federal and State members, TSRA, Regional Health, tourist operators, and as many supporters as possible from community and representatives of community organisations.

Horn Island Airport Subject to Council adopting the Master Plan for the Horn Island Airport, a submission be made under the Better Regions Fund program for the completion of stage 1 of the master plan. The program amount will be in excess of $10 million.

National Winds of Zenadth Cultural Festival Council and contributions $120,000 Building Better Regions Fund Federal $360,000 Total $480,000

This event has to be packaged as a National event with international visitors. The present business plan will need to be amended to reflect this. There is also required extensive numbers of letters of support from Federal, State and community organizations.

Min. 17/03/5 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council endorse the submissions for the , Horn Island Airport and National Winds of Zenadth Cultural Festival projects for the Federal Building Better Regions Fund program grant process.” Carried

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 6

2. CORPORATE AND COMMUNITY SERVICES

REPORT

Internal Audit At present Council output for audit is related to legislative requirements. In a planning context audit requirements will be aligned to legislative requirements with effort being made to satisfy the Audit Office should resources be available.

Min. 17/03/6 Moved Cr. Deputy Mayor, Seconded Cr. Bani “That Council hold at least four Audit Committee meetings each year aligned to:

(a) Adoption of draft annual financial statements (tentatively September/October) (b) Adoption of annual statement (October) (c) Two meetings aligned to activities of internal auditor to be held in the second half of the year.” Carried

Note: Council requested that further information around the internal audit charter be provided to them prior to dates and times of future internal meetings.

Min. 17/03/7 Moved Mayor Malone, Seconded Cr. Deputy Mayor Loban “That Council receive the report of the Director of Corporate and Community Services.” Carried

1. CHIEF EXECUTIVE OFFICER

REPORT

Chief Executive Officer’s Forum in Cairns The Local Government Chiefs Forum facilitated by Peta Irvine CEO of Local Government Managers Association was held in Cairns in March 2017. Chief Executive Officers from all the Indigenous Councils in North Queensland are members along with the CEO’s from both Cook Shire and Torres Shire. The Forum was sponsored by McInnes Wilson Lawyers and the Mead Perry Group.

Torres Strait Regional Authority and Torres Shire Council – MoU The Torres Strait Regional Authority (TSRA) and Torres Shire Council (TSC) Memorandum of Understanding Meeting was held on 14 December 2016 at the Joey Nona Boardroom.

Further to the MoU, under section 4.3 Working Relationship, the CEO’s of both TSRA and TSC met on Tuesday 14 March 2017 to progress matters from the MoU Meeting and included any emerging issues and/or future opportunities.

Items progressed during the 14 March 2017 CEO Meeting included:

a) Joint Media Release on the POW Bore Site b) TSC Events Calendar c) Discuss table of POW Local Government priorities d) Horn Island Affordable Housing Project

During this time it was also revealed that TSRA had firm deputations with three State Government Ministers, whereby there were some matters raised of joint interest to TSC.

Min. 17/03/8 Moved Cr. Bani, Seconded Cr. Loban “That Council receive the Minutes of the Torres Strait Regional Authority and Torres Shire Council Memorandum of Understanding Meeting held on 14 December 2016.” Carried

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 7

1. CHIEF EXECUTIVE OFFICER

REPORT

Register of Interest and Related Persons Update Section 171b Local Government Act 2009 Section 292 - Local Government Regulation 2012  Form 2 Register of Interest of a councillor and their related persons– update completed and signed by Cr. John Abednego on 3 March 2017  Form 1 Register of interest of a chief executive officer or senior executive employee and their related persons - new form completed and signed by the Director Engineering and Infrastructure Service Mr. Keith Yorkston including the declaration of Related Parties on 6 March 2017

Media Releases and Public Notices Media Releases and Public Notices for this month:

Media Release Horn Island and Thursday Island to welcome Queen’s Baton in lead up to Gold Coast 2018 Commonwealth Games. Media Release Torres Shire Council Preparing a New Planning Scheme Public Notice Waiben Esplanade Water Main Replacement Works Public Notice Community Meeting – Port Kennedy

Queens Baton Relay 2018 Official announcements have now been made in relation to the towns the Queens Baton Relay will visit in lead up to the Gold Coast 2018 Commonwealth Games. Horn Island and Thursday Island are proud to be the first communities in Queensland to host the Queen’s Baton in March 2018. A community nomination program, which opened 5 March 2017, will offer the people of Horn and Thursday Islands and the surrounding region with an opportunity to carry the Baton.

GC2018 are looking for people who:

 Have achieved something extraordinary or inspired others to achieve something extraordinary; or  Have made a significant contribution to either sport, education, the arts, culture, charity or within their community; or  Have excelled, or aspire to excel athletically or personally; or  Contribute to a fun, friendly, vibrant and inclusive community;  Are at least 10 years old as at 25 December 2017; and  Are an Australian citizen or lawfully entitled to reside in Australia during the Relay period (25 December 2017 – 4 April 2018).

The nominations close on 15 May 2017, anyone can nominate a person who inspires them to be great. Nominations can be made at gc2018.com/qbr.

Council Selected Batonbearer Nomination Program. Separate to the public nomination process for batonbearer, a Council Selected Batonbearer Nomination Program is also open.

1. Information pack: this document provides more details on the Queen’s Baton Relay, the Batonbearer process and the steps to submit your nominations.

2. Nomination Spreadsheet: showing your allocated Council selected Batonbearer positions.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 8

1. CHIEF EXECUTIVE OFFICER

REPORT

Queens Baton Relay 2018

Council Selected Batonbearer Nomination Program (cont’d)

3. A printable nomination form: this can be used to assist in obtaining nominee details (not to be returned to GOLDOC).

4. Nominee terms and conditions: nominees are required to read and agree to these terms and conditions. . Council selected batonbearers: To ensure local participation in each Australian Celebration Community the QBR visits, an allocation of Batonbearer positions have been assigned to host local councils to nominate a community representative to participate as a Batonbearer. Final positioning of batonbearers will be at the discretion of the GOLDOC QBR team. Frequently asked questions can be found in the appendix of your information pack. Please Note: The nomination process closes at 5pm AEST on Friday 2 June 2017. Strictly no nominations can be accepted after this date.

Facts around the Queens Baton Relay  The Queen’s Baton Relay takes a message from Her Majesty The Queen around the Commonwealth to the Opening Ceremony of the Gold Coast 2018 Commonwealth Games.

 The GC2018 Relay is the longest in history, travelling for 388 days and 230,000 kilometres.

 In Australia the Baton will travel for 100 days through every state and territory, showcasing Australia’s history, culture, traditions, geography and people to the world.

 Approximately 3800 batonbearers will take the Queen’s message around Australia.

 The GC2018 Relay has been designed to be inclusive and accessible, giving as many people as possible an opportunity to spend quality time with the Baton.

 On Commonwealth Day, Monday 13 March, at Buckingham Palace, Her Majesty The Queen will place Her message into the Baton and hand it to the first Batonbearer.

 From London, the Baton will travel to all Commonwealth nations and territories for 288 days before arriving in Australia for the final leg of the journey.

 The Baton will reach its final destination at Carrara Stadium for the Games’ Opening Ceremony on 4 April 2018. The Games are declared open when the Queen’s message is read aloud.

 Each host city is responsible for delivering a new design for the Queen’s Baton. The GC2018 Queen’s Baton design was revealed on 20 November 2016 and captures the boundless energy of the Gold Coast.

 The QBR is a longstanding Games tradition and the ultimate symbol of the Commonwealth Games. Since the Cardiff 1958 British Empire and Commonwealth Games, the Queen’s Baton has carried a message from Her Majesty Queen Elizabeth II calling the Commonwealth’s athletes to come together in peaceful and friendly competition at the Games.

. QBR URL: gc2018.com/qbr . QBR Hashtag: #QBR2018 . GC2018 Hashtag: #GC2018, #SHARETHEDREAM

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 9

1. CHIEF EXECUTIVE OFFICER

REPORT

Minutes of Prince of Wales Island Public Meeting Council has received correspondence from Dr. Robert Miller in relation to the Minutes of the Prince of Wales Island Public Meeting. Council has formally accepted the Minutes of the Prince of Wales Public Consultation as a true record.

Note: The Mayor will review Minutes and bring this item back to the April Council Meeting.

The CEO advised that the Minutes dated 29 October 2016 were received at the Council Meeting held on 15 November 2016 under: Resolution Minute Number - Min. 16/11/10

Port Kennedy Community Consultation Meeting The planned community consultation meeting as approved by Council is schedule to be held on Saturday, 1 April 2017. The agenda is set out as below:

Port Kennedy Community Consultation Meeting

AGENDA

Welcome & Introductions – Mayor Malone

Opening Prayer - Cr. Gabriel Bani

Welcome to Country – Traditional Owners

Current works and projects Works for Queensland Projects (TI construction works) Bikeway/Shared Pathway Project New Planning Scheme Tourism Information & Business Centre Ken Brown Oval Development

Community feedback session

Close

Attendees will be:

Mayor Vonda Malone, Deputy Mayor Yen Loban Cr. Gabriel Bani, Cr. Thomas Loban Director Engineering and Infrastructure Services Keith Yorkston Director Corporate and Community Services Andrew Brown and Manager Community Services Michael Zitha.

Apologies: Chief Executive Officer Dalassa Yorkston offered an apology with being absent from the Shire at the time of the Community Meeting. Cr. John Abednego offered his apology in not being able to attend.

Kaurareg Traditional Owners Advisory Committee The Kaurareg Traditional Owners Advisory Committee meeting is scheduled for Tuesday 4 April at 4pm. Mayor Vonda Malone, Deputy Mayor Yen Loban and the Chief Executive Officer form the membership of this Committee on behalf of Torres Shire Council. All Councillors have been requested to attend this meeting on 4 April 2017.

Cr. John Abednego offered his apology in not being able to attend.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 10

1. CHIEF EXECUTIVE OFFICER

REPORT

Corporate Events - Update LGAQ have announced a Disaster Management Conference to be held at the Mackay Entertainment Centre from Tuesday 9th to Thursday 11th May 2017

Event Date - 2017 Venue Crs. to attend LGAQ Local Government Financial 29-30 March Cairns Deputy Mayor Sustainability Summit LGAQ Elected Members Update (EMU) 12 April Thursday Island All Councillors Disaster Management Conference 9 – 11 May Mackay Mayor LGAQ Indigenous Leaders Forum (ILF) 7-8 June (TBA) Cairns All Councillors ALGA National General Assembly 19-21 June Canberra Deputy Mayor Loban and Cr. Loban 121st Annual LGAQ Conference & ILF 16-18 October Gladstone All Councillors Meeting Kushimoto Friend City Visit 20-31 July Kushimoto-Japan Mayor & Cr Bani

Departure: The Deputy Mayor departed the meeting at 3pm.

Min. 17/03/9 Moved Cr. Abednego Seconded Cr. Bani “That Council endorse the attendance of the Mayor and Chief Executive Officer at the Disaster Management Conference being held in Mackay from 9th to 11th May 2017.” Carried

Min. 17/03/10 Moved Cr. Loban, Seconded Cr. Bani “That Council receive the report from the Chief Executive Officer.” Carried

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Horn Island Airport QANTAS will be changing its flight schedule for the afternoon flight, to be arriving into Horn at 1340. This is an hour earlier than the current schedule and it is expected that this new schedule will apply from end of March 2017.

Attendance: The Deputy Mayor returned to the meeting at 3.03pm.

MIP 5 Wasaga Roads and Drainage Stage 2 (including Loggy Creek Dam Water Pumping Station) Both the Loggy Creek Dam water pump station works and the Wasaga Village Roads and Drainage Stage 2 projects were inspected and issued practical completion in December 2016. The minor outstanding works are being addressed as the wet season allows and the Program Manager will be inspecting the progress of these works at the end of March 2017.

Tender 02/16 - Local Buy Vendor Panel for MIP5 Project Council utilized the Local Buy Vendor Panel of pre-qualified suppliers for Contract BUS 256-0416 - Supply of Storm Water Structures for the MIP 5 project. The successful supplier was Humes Pty Ltd Humes to the value of $137,858.34.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 11

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

MIP 6 – Approved Projects Torres Shire Council has been formally advised that it can commence the upgrading of the Thursday Island Sewage Treatment Plant as per the application lodged for MIP 6 projects consideration. A meeting has been scheduled for April 2017 with the Program Manager, PDR Engineers and the Project Manager, GHD.

Waste Solutions – Project Update Staff have met with Cairns Regional Council Waste Management to assess the opportunity for jointly managing the disposal of recyclables in Cairns on behalf of Torres Shire Council. Recycling for the Torres Shire was discussed with the local business community and a start date of 1 July 2017 has been established for this group. A strategy for the commencement of the Prince of Wales Island waste management upgrade was developed and an inspection of the facilities on the island was conducted with a view to preparation of solutions and appropriate budget allocations.

Ken Brown Oval Extension Project Council has responded to requests from the Department of Natural Resources and Mines in regards to the process of finalising the tenure arrangements. The project is now reaching a crucial stage in relation to the provision of funding through the Department of National Parks Sport and Racing and it is expected that Council may be able to submit the required documentation to DNPSR by the end of March 2017. The project timing will see the nominated completion date of 30 June 2018 and submission of the final acquittal and project close out form by 30 September 2018.

Thursday Island Shared Bikeway/Pathway Project The Department of Transport and Main Roads has now received the amended design drawings and has provided an approval. Following a meeting with My Pathway it is expected that the commencement of this project will be 1 April 2017. An application from Torres Shire Council for a second stage of the Thursday Island Shared Bikeway/Pathway Project has now been lodged and this will cover the section from the Tagai College to the Stephen Street and Clark Street intersection.

Queensland Disaster Relief and Recovery Arrangements (QDRRA) In early March the DEIS attended the annual QDRRA workshop held in Cairns. Attendance was represented by 70 plus Councils and other various emergency management agencies. The information session was chaired by the Queensland Reconstruction Authority Policy Manager.

Review of the State Disaster Management Plan

Local Arrangements As referred to in the Queensland State Disaster Management Plan, September 2016 it is the function of a local government under section 80 of the Local Government Act 2009 to ensure it:

• has a disaster response capability; • approves its Local Disaster Management Plan (LDMP); • promptly collects and disseminates information about an event or a disaster in its area to the District Disaster Coordinator (DDC); and • performs other functions given to local government under the Act; • it is primarily the responsibility of local government to manage events in their local government area.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 12

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Review of the State Disaster Management Plan (cont’d)

The Torres Strait and Torres Shire Local Governments currently do not have the capability to manage the above without the support from the district and state agencies, this has been flagged for some time.

A meeting held with IGEM tabled scenarios of pre and post disaster management and the complexities in evacuation and housing of persons due to a disaster in the area. IGEM will take on board the issues and consider the material for their report. The review process is currently at phase 2 with an expected final report to be delivered to the Minister by June 2017

Attendance: The Regulatory Manager Diana Russell arrived at the meeting at 3.32pm.

Water Conservation and Usage This year 726mm of rain is recorded at Loggy Creek Dam as compared to the 985mm for Horn Island (Airport) on the Bureau of Meteorology data. The Loggy Creek Dam is currently holding 86.32% and 930ML (reading as at 13/3/2017). The current TSC Water Restrictions will remain at Level 3.

Drinking Water Quality Management Plan Audit Council has now received the completed Drinking Water Quality Management Plan audit. The document has been forwarded to the Regulator, Department of Energy and Water Supply for their review and response. Council will now need to complete a review of the Drinking Water Quality Management Plan and have that submitted no later than 31 July 2017 to the Regulator.

Declaration: Cr. Thomas Loban declared a Material Personal Interest I declare a Material Personal Interest in the following matter (as defined in section 172 of the Local Government Act 2009) due to being an employee of Queensland Health and propose not to exclude myself from this meeting as no debate or vote is taken.

Declaration: Mayor Vonda Malone declared a Material Personal Interest I declare a Material Personal Interest in the following matter (as defined in section 172 of the Local Government Act 2009) due to being an employee of Queensland Health and propose not to exclude myself from this meeting as no debate or vote is taken.

TI Hospital Dialysis Unit - Proposed Expansion Discussions have recently been held with the local TI Hospital Renal Unit Manager and a Baxter Healthcare consultant to determine the requirements for expanding the number of services available to patients who require dialysis in the Torres Strait area.

The current usage is for 6 patients and the proposed expansion will eventually cater for 24 patients.

The current requirement treatment per patient per week is around 6000L. With 6 patients the usage is around 36KL per week.

COUNCIL MINUTES ORDINARY MEETING 21 MARCH 2017 13

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

TI Hospital Dialysis Unit - Proposed Expansion The increase to 24 patients will increase demand to 144KL per week which is 7.488ML on average per year. The average total current usage for the Shire is 840ML per annum. The added usage is an increase of approximately 0.9%. Further investigations will be undertaken as required to analyse water supply and also the sewer system capability for the increased flow.

Min. 17/03/11 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That the report of the Director of Engineering and Infrastructure Services be received.” Carried

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/03 Nevgold Pty Ltd – Reconfiguring a Lot (20 Lots & Common Property on Community Title and Balance Lot) Milman Hill – Lot 6 on SP219771 Council has received a development application from Nevgold Pty Ltd. The proposal is to change the approved subdivision of 20 lots into a Community Title Scheme (CTS) that includes the road as common property and a balance of the land in a separate lot. The easements over the road remain to provide access for Council, Ergon, Telstra and Air Services Australia. Council will not accept the road as a public road until further works have been completed so the intention of this application is to progress this subdivision so that lots can be sold.

IDAS 17/01 GBR Helicopters – Material Change of Use (Undefined Use – Helicopter maintenance, passenger and support facility) – Horn Island Airport Airport Road Horn Island – Leases J & K on SP211686 The application from GBR Helicopters for their helicopter passenger and maintenance facility needs to be decided as soon as possible in order that the company can meet Council’s leasing requirements. The agreement with Council is that the structure be completed by 30 June 2017.

Min. 17/03/12 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council agrees that the Chief Executive Officer can use the delegated power to decide the application IDAS 17/01 for GBR Helicopters Material Change of Use (Undefined Land Use – helicopter maintenance passenger and support facility) subject to conditions.” Carried

Request for Council Support for change of tenure to leasehold – adjacent to 81 Waiben Esplanade Thursday Island – Lot 124 on TS155 Council has received a request from PR Planning on behalf of Remote Technical Services for a letter of support from Council to convert the waterfront land adjacent to 81 Waiben Esplanade from State owned coastal land to leasehold land. The letter of support will accompany an application to the Department of Natural Resources and Mines to lease the subject land.

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Request for Council Support for change of tenure to leasehold – adjacent to 81 Waiben Esplanade Thursday Island – Lot 124 on TS155 (cont’d)

Min. 17/03/13 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council does not support the proposed change of tenure from State owned coastal land to leasehold land adjacent to Lot 124 on TS155 which will limit future uses in the adjacent industrial zone.” Carried

Gudang People Native Title Determination Application Torres Shire Council is a party to the Gudang Yadhaykenu People Native Title claim and the Cape York Land Council (CYLC) has advised that they propose to discontinue the claim and replace it with two new sea claims.

Min. 17/03/14 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council agrees to consent to the discontinuation of the Gudang Yadhaykenu People Native Title claim on the basis there be no order for costs.” Carried

Residential and Industrial Land Study The consultants undertaking the Residential and Industrial Land Study for the Planning Scheme project visited the Torres Shire from 12 to 14 March 2017.

Biodiversity Study A consultant was selected to undertake the biodiversity study including preparation of mapping for the planning scheme project.

Local Government Infrastructure Plan (LGIP) Integran has completed the work.

Clean Up Australia Day Clean Up Australia Day events were held on Thursday Island, Horn Island and Prince of Wales Island during which approximately 30 people participated and about 40 bags of rubbish were collected.

Min. 17/03/15 Moved Mayor Malone, Seconded Deputy Mayor Loban “That the report of the Regulatory Manager on Planning and Environmental matters be received.” Carried

Departure: The Regulatory Manager departed the meeting at 4.40pm.

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5 LATE ITEMS

CHIEF EXECUTIVE OFFICER – REPORT

New Industrial Relations Act

NEW ACT - The Industrial Relations Act 2016 (Qld), along with changes to the subordinate legislation aligned to the new IR Act commences on 1 March. Information on the new Act is available on the Queensland Treasury website. This Act differs significantly from the 1999 Act and will affect all Councils.

KEY CHANGES (NEW ACT) - Awards - All Councils will be subjected to the new modern award/s from 1 March, with all pre-modernised awards effectively ceasing to operate from this date. Transitionary arrangements exist where the new award might clash with conditions provided for in continuing certified agreements and/or where the continuing agreement calls up the former award/s.

Queensland Employment Standards (QES) - The new and amended Queensland Employment Standards are binding on all councils from 1 March. Much of the Queensland Employment Standards (QES) are based on the IR Act 1999. However, where the old IR Act 1999 had employees straddling old and new (i.e Chapter 2 'Pre- modernisation employment conditions' OR Chapter 2A 'QES') based on whether a modern award applied or not, under the new Act the standards cover all employees regardless of the award, certified agreement or employing legislation that applies.

The QES also introduces a range of new entitlements for employees e.g. domestic and family violence leave, compassionate leave as well as changes to some existing standards (e.g. what carers leave may be used for, required notice for directing employees to take annual leave). It is important that councils familiarise themselves with the new standards and apply them accordingly.

Referendum Council

Further to the update provided to Councillors at the 13 December 2016 Ordinary Council Meeting on the Referendum Council, First Nations Regional Dialogues have continued to be rolled out, Referendum Council Members are required to attend these Dialogues.

Dates Location 1 9-11 December 2016 Hobart, Tasmania - attended 2 10-12 February 2017 Broome, WA - 3 17-19 February 2017 Dubbo, NSW - 4 22-24 February 2017 Darwin, NT - 5 3-5 March 2017 Perth, WA - 6 10-12 March 2017 Sydney, NSW - 7 17-19 March 2017 Melbourne, VIC - 8 24-26 March 2017 Cairns, QLD Friday, Saturday, Sunday 9 31 March – 2 April 2017 Ross River, NT Friday, Saturday, Sunday 10 7-9 April 2017 Adelaide, SA Friday, Saturday, Sunday 11 21-23 April 2017 Brisbane, QLD Friday, Saturday, Sunday 12 5-7 May, 2017 Thursday Island, QLD Friday, Saturday, Sunday 13 24-26 May, 2017 Uluru – National Convention Wednesday, Thursday, Friday

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5 LATE ITEMS

CHIEF EXECUTIVE OFFICER – REPORT

Community Capacity Statement

As tabled under the CEO’s Report to Council at our 13 December 2016 Ordinary Council Meeting:

Min.16/12/3 Moved Deputy Mayor Loban, Seconded Cr. Bani "That Council endorse the TSC Community Capacity Statement as an official document to be used by Council in its current form until the review process is completed".

The Community Capacity Statement document has recently been reviewed by Mayor Vonda Malone and Mr. Bernard Keenan, Senior Project Officer, Department of Aboriginal and Torres Strait Islander Partnerships.

A list of noted changes, amendments, deletions and additions since the last version was adopted by Council on 13 December 2016 (Min.16/12/3) are contained in the spreadsheet which was tabled at this meeting by the CEO.

6 IN COMMITTEE

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

1. Finance – Aged Debtors 2. Finance – Horn island Airport 3 Finance - Quarry 4 Debt Collection Agency 5 Tender - Horn Island Airport Kiosk

Min. 17/03/16 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council go into Committee” Carried

Declaration: Cr. Abednego declared a Conflict of Interest I declare I have a real conflict of interest in the following matter (as defined in section 173 of the Local Government Act 2009) due to my association with Tamwoy Development Association and propose to exclude myself from the meeting while this matter is debated and the vote is taken.

Departure: Cr. Abednego departed the meeting at 4.27pm.

Finance – Aged Debtors Tamwoy Development Association

Attendance: Cr. Abednego returned to the meeting at 4.40pm.

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6 IN COMMITTEE (cont’d)

Min. 17/03/17 Moved Cr. Abednego, Seconded Mayor Malone “That Council come out of Committee” Carried

Debt Collection Agency Min. 17/03/18 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council endorse the use of Collection House for debt collections subject to positive effectiveness of service delivery.” Carried

Tender - Horn Island Airport Kiosk Min. 17/03/19 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council award Tender No. 01/17 Horn Island Airport Kiosk Lease to:

(a) K & RJ’s Kiosk for the amount of $3000 per month (ex GST) for a period of three (3) years as from 29 April 2017, with an option to extend to two (2) years conditional upon Council approval;

(b) Extend the current lease for the present provider to the 21st April 2017.” Carried

7 GENERAL BUSINESS

Mayor Malone  Requested that a letter be sent to Queensland Police to request regular surveillance patrols of Ken Brown Oval including grandstands be made to ensure the area is not used by delinquents late at night and early mornings (preferably between 2am to 6am).

Deputy Mayor Loban  Asked for an update on the TI Cemetery Memorial Wall Project CEO advised that contact has been made with the Committee’s Co-Chair Bruce Ranga and Co-Chair Chris Lemke and awaiting their response.

 Prince of Wales Island community – requires speed signs and traffic mirror DEIS to include in TSC Works Operation Program.

 Horn Island Waiting Shed DEIS has noted and progress report will be given to CEO for next Council meeting.

 Horn Island Kaurareg Cemetery – request for temporary grave cover at times of funerals DEIS advised a grave cover will be provided by Council

Cr. Thomas Loban  Maintenance required to potholes generally including those in the vicinity and at the Rosehill Ramp  Rosehill Ramp surface maintenance required DEIS advised is included in the Works Program and delayed due to rain

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DATE OF NEXT MEETING: Tuesday, 18 April 2017

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

Confirmed this day of

MAYOR

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