Shire of Carnarvon Minutes Ordinary Council Meeting

SHIRE OF

CARNARVON

MINUTES

ORDINARY COUNCIL MEETING

26 MAY 2015

CONFIRMATION OF MINUTES

These minutes were confirmed by the

Council on –

………………………………………………. As a true and accurate record

……………………………………………….. CHAIRMAN

SHIRE OF CARNARVON DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or Councillors. The Shire of Carnarvon disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person's or legal entity's own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Carnarvon in respect of the application.

Gary Martin ACTING CHIEF EXECUTIVE OFFICER

TABLE OF CONTENTS TO MINUTES – 26 MAY 2015

1.0 ATTENDANCES & APOLOGIES :

2.0 PUBLIC QUESTION TIME :

3.0 DECLARATIONS OF INTEREST:

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:

5.0 CONFIRMATION OF MINUTES:

Minutes of Meeting held on Tuesday 28 April 2015 ...... 6

6.0 PETITIONS AND MEMORIALS:

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION:

8.0 DEPARTMENTAL REPORTS:

8.1 GOVERNANCE

8.1.1 Actions Performed Under Delegated Authority – May 2015 ...... 6 8.1.2 Lyndon Land Conservation District Committee – Nomination ...... 9 8.1.3 Delegation Register – Review ...... 12 8.1.4 Proposed Transfer of Management Order – Coral Bay Airstrip ...... 14 8.1.5 Carnarvon Land Conservation District Committee – Nomination ...... 20 8.1.6 Cyclone Olwyn – Further Actions ...... 22 8.1.7 Kenya Enforcement ...... 26

8.2 CORPORATE & COMMUNITY SERVICES

8.2.1 Accounts for Payment – April 2015 ...... 28 8.2.2 Management Report – April 2015 ...... 30 8.2.3 Investments – April 2015 ...... 33 8.2.4 Carnarvon Speedway Club – Absorption of Legal Fees – Lease Agreement ...... 35 8.2.5 Differential Rates ...... 37 8.2.6 Carnarvon Airport Fees and Charges ...... 43

8.3 DEVELOPMENT SERVICES

8.3.1 Traders Licence within Robinson Street – Norwest Surfstore ...... 47 8.3.2 Alfresco Dining within Robinson Street Road Reserve – Galleon Coffee Shop ...... 55 8.3.3 Town Planning Scheme No. 10 – Amendment 71 - Initiation ...... 64 8.3.4 Gascoyne Regional Investment Blueprint – Review of ...... 71 8.3.5 Proposed Policy – Mobile Trading in Public Places ...... 75

8.4 INFRASTRUCTURE SERVICES

No Report

9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:

9.1 Use of ABS Statistics ‘Population by Count’ in Preference to ‘Population by Residence (Cr A Fullarton) ...... 78

9.2 Preparation of a Shire of Carnarvon Sustainability Strategy ...... 81

10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL:

11.0 DATE OF NEXT MEETING:

The next meeting of Council will be held on Tuesday 23 June 2015 at Bills Tavern, Coral Bay commencing at 10.30am.

12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC:

12.1 Tender Award – RFT 03/2015 – Contract Environmental Health Services ...... 86

13.0 CLOSE:

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE NEW COUNCIL CHAMBERS, STUART STREET, CARNARVON ON TUESDAY 26 MAY 2015

The meeting was declared open at 8.30am

1.0 ATTENDANCES, APOLOGIES AND APPROVED LEAVE OF ABSENCE:

Mr K Brandenburg ...... President Mr N Ganzer ...... Deputy Shire President/Councillor Town Ward(instantaneous communication) Ms J Nelson ...... Councillor Town Ward Mr K Simpson ...... Councillor, Coral Bay Ward Mrs N McMahon ...... Councillor, Town Ward Dr A Fullarton ...... Councillor, Gascoyne/Minilya Ward

Mr G Martin ...... Acting Chief Executive Officer Mr J Nuttall ...... Executive Manager Corporate Services Mr R Paull ...... Executive Manager, Development Services Mr M Hudson ...... Executive Manager, Infrastructure Services Mr M Shepherd ...... Manager, Planning Mr T Roberts ...... Planning Officer Mr D Wallace ...... Environmental Health Officer Mrs D Hill ...... Executive Officer

Press ...... 1 Observers ...... 4 Leave of Absence ...... Nil Apologies ...... Cr March

2.0 PUBLIC QUESTION TIME:

Nil

3.0 DECLARATIONS OF INTEREST:

Cr Simpson (Proximity Interest) – Item 8.1.7 - Kenya Enforcement Cr Brandenburg (Financial/Indirect Interest) – Item 8.1.7 - Kenya Enforcement Cr Nelson (Impartiality Interest) – Item 8.2.4 - Carnarvon Speedway Club – Absorption of Legal Fees – Lease Agreement Cr Nelson (Impartiality Interest) – Item 8.3.1 - Traders Licence within Robinson Street – Norwest Surfstore

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION:

Nil

5.0 CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING OF COUNCIL- 28 APRIL 2015

FC 1/5/15 COUNCIL RESOLUTION Cr Fullarton/Cr Simpson

That the minutes of the Ordinary Meeting of Council held on 28 April 2015 be confirmed as a true record of proceedings. CARRIED F6/A0 6.0 PETITIONS AND MEMORIALS

Nil

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION:

The Shire President advised that the recent announcement by the State Government that Carnarvon Community College will receive $17.6 million for long-awaited Stage 2, which will involve completion of the primary school facilities through provision of a mix of new and refurbished buildings and a new kindergarten to Year 12 administration building is welcome news. However, Council will continue to be proactive in urging the State Government to provide further funding to enable this project to come to fruition and be finalised. The local member, the Hon Vince Catania is to be commended for his efforts in bringing this matter to the attention of the Premier.

The Shire President expressed the Council’s thanks to Dannielle Hill for her exceptional effort in establishing the new Council Chambers.

8.0 REPORTS:

8.1 GOVERNANCE

8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF MAY 2015

File No: AO3403 Date of Meeting: 26TH May 2015 Location/Address: 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Gary Martin, Acting Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To report back to Council actions performed under delegated authority for the month of June 2014.

Description of Proposal: Refer to summary above.

Background: Council were previously advised of actions performed under delegated authority by means of the information bulletin which was circulated to Councillors on a month by month basis. This bulletin is not a public document and so as it increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –

- Development Approvals issued - Building Permits issued; - Health Approvals issued; - One off delegations to the Chief Executive Officer; - Affixing of Common Seal

Consultation: Nil

Statutory Environment: Local Government Act 1995 - Section 9.49A Planning & Development Act 2005 – Part 10 Div. 2 TPS No. 10 – Section 2.4

Relevant Plans and Policy: Nil

Financial Implications: Nil

Risk Assessment: No risk to the Shire – reporting requirement only.

Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

5.2.1 Maintain a high standard of corporate planning and reporting.

5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: The following tables outline the action performed within the organization relative to delegated authority for the month of May 2015 and are submitted to Council for information.

COMMON SEAL

Date Affixed Documentation 04.05.15 Lease Agreement –Gladstone Camping Ground – Portion Reserve 11706

Building The following approvals and advice were issued for the month April-May 2015 under delegated authority:

Application Owners Name Lot & Street Type of Building Work No. B15/014 M& J STANFORD 62 DOUGLAS STREET PATIO CARNARVON WA 6701 B15/015 D. LENSTRA LOT 76 SHALLCROSS SHED STREET CARNARVON WA 6701 B15/017 F SULLIVAN 36 WISE STREET DEMOLITION CARNARVON WA 6701 B15/020 N HATT LOT 873 ORR STREET RE ROOFING CARNARVON WA 6701 B15/021 T COVZENS LOT 20 RIDLEY STREET RE ROOFING CARNARVON WA 6701 B15/022 GASCOYNE WATER LOT 58 ROBINSON RE ROOFING STREET CARNARVON WA 6701 B15/023 WATTS FAMILY TRUST LOT 108 ROBINSON ABLUTION BLOCK DEMOLITION STREET CARNARVON WA 6701 B15/025 D DANN 773 PINCOMBE STREET 2 BEDROOM DWELLING B15/026 WATTS FAMILY TRUST LOT 108 ROBINSON NEW ABLUTION FACILITY STREET CARNARVON WA 6701 B15/027 G KAY SITE 29 ‘KANYA’ CORAL VERANDAH/CARPORT BAY WA 6701 B15/028 D KAVANAGH SITE 32 ‘KANYA’ CORAL CARAVAN ANNEXE BAY WA 6701

Environmental Health

Exercise of delegations requiring to be reported for period 22 April 2015 to 17 May 2015 The following approvals and advice were issued for the month of April 2015 under delegated authority:

HEALTH ACT 1911 AND REGULATIONS AND LOCAL LAWS MADE THEREUNDER HEALTH (TREATMENT OF SEWAGE AND DISPOSAL OF EFLLUENT AND LIQUID WASTE) REGULATIONS 1974 Date of File Ref: Decision details Persons affected decision Approval to construct apparatus for the treatment of sewage issued Applicant: Christian Reid, Coral 30/4/15 A3481 for 231 Williams St, East Carnarvon Coast Plumbing Permit to use apparatus for the treatment of sewage issued for 231 Applicant: Christian Reid, Coral 5/5/15 A3481 Williams St, East Carnarvon Coast Plumbing Approval to construct apparatus for the treatment of sewage issued Applicant: Craig Myles, 29/4/15 A214 for 12 Pincombe St, South Carnarvon Mainbreak Plumbing and Gas Approval to construct apparatus for the treatment of sewage issued Applicant: Christian Reid, Coral 17/4/15 A205 for 32 Douglas St, South Carnarvon Coast Plumbing

PLANNING

PLANNING AND DEVELOPMENT ACT 2005 - PART 10: DIVISION 2 Applications to subdivide, re-subdivide, or amalgamate land parcels Applicant/ File Ref: WAPC Ref: Subject Land Purpose Advice Sent Proponent Lot 211 DP300709 William St East P18/15 151656 2 Lot Subdivision HTD Surveyors 10/04/2015 Carnarvon

DISTRICT ZONING SCHEME 11 - SECTION 8.3 Applications to use/develop land Application Applicant/ File Ref: Subject Land Purpose Date Granted Ref: Proponent 25 Wahoo Court on Lot 46 Coral Garage (Replace Like-for- Coswecan A2297 P16/15 1/04/2015 Bay Like Cyclone Olwyn) Enterprises P/L

LOCAL LAW – HAWKER/TRADER/STALL HOLDER LICENSING

Applications decided Type Locations 21 3 Traders 18 Stall holders The stalls were for the Carnarvon Courtyard Craft Markets and Christmas Markets at the Carnarvon Civic Centre and the Carnarvon TropiCOOL Festival at the Town Oval.

Cyclone Olwyn – Fencing Permits Issued Under Delegation April – MAY 2015 To Date: 40 Permits have been issued under delegation for Cyclone Rated Fencing replacement

OFFICER’S RECOMMENDATION That Council accept the report outlining the actions performed under delegated authority for the month of May 2015.

FC 2/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr Simpson

That Council accept the report outlining the actions performed under delegated authority for the month of May 2015.

CARRIED F6/A0

8.1.2 LYNDON LAND CONSERVATION DISTRICT COMMITTEE – NOMINATION FOR APPOINTMENT

File No: 4A0112 Date of Meeting: 26th May 2015 Location/Address Lyndon Name of Applicant Department Agriculture and Food (DAFWA) Name of Owner: N/A Author/s: Dannielle Hill, Executive Officer Declaration of Interest: N/A Voting Requirements: Simple Majority

Summary of Item The Department of Agriculture and Food (DAFWA) are seeking Council’s nomination for re-appointment to the Lyndon Land Conservation District Committee (Schedule 8.1.2)

Description of Proposal To appoint a Council representative to the Lyndon Land Gascoyne Land Conservation District Committee (LLCDC).

Background Council has previously appointed Ms Alexandra Harper as the Council representative to the Lyndon Land Conservation District Committee (LLCDC) however the term of that appointment expired on 31 March 2014 and the Commissioner of Soil and Land Conservation is requesting the Shire of Carnarvon’s nomination for re-appointment to this committee.

Ms Harper has been approached regarding her possible renomination to this Committee however Council has been advised that she does not wish to renominate as Council’s representative on this Committee therefore Council will need to seek a new representative for the LLCDC.

Under section 24(1) of the Act, LCDCs have the following functions:  On behalf of, and in accordance with any direction, approval or authorisation given by, the Commissioner: o to manage projects o to carry out or cause to be carried out works or practices, for preventing, remedying or mitigating land degradation and for promoting soil conservation and reclamation.  Review, assess and report to the Commissioner on the effects of land use or land management on the condition of the land within its land conservation district.  Develop, promote and, in accordance with any direction, approval or authorisation given by the Commissioner, implement programs of soil and land conservation within its land conservation district.  If any matter relating to land use, land degradation or soil conservation is referred to it by the Minister or the Commissioner, to consider and report on that matter to the Commissioner or the Minister, as the case requires.  Make recommendations to, and to consult with, the Commissioner concerning any works, research, experimental or educational programs which may be necessary or desirable within its land conservation district.  Make recommendations to the Minister in relation to rates and service charges.  Make recommendations to the Minister or the Commissioner, as the case requires, on payment of funds from the Land Conservation District Fund.  Perform such functions relating to land degradation and soil conservation as may be agreed between the Council and the Commissioner. 'Land degradation' as defined in the Act includes:  soil erosion, salinity, eutrophication and flooding  the removal or deterioration of natural or introduced vegetation, that may be detrimental to the present or future use of land.

In addition, an LCDC has such powers as are reasonably necessary to enable it to perform the functions set out above, including the power to employ persons to assist the committee carry out its functions.

Consultation Ms Alexandra Harper was contacted and advised that she no longer wished to participate.

Councillor A Fullarton - As Council’s representative for the Pastoral Ward, Councillor Fullarton was approached to determine his interest in representing Council on the LLCDC wherein he has indicated his willingness to nominate.

Statutory Environment Land Conservation District’s are established under the section 22 of the Soil and Land Conservation Act 1945 with their committee’s constitutions and memberships established under section 23 of the same Act.

The Act provides for the following persons/organisations to be represented on the LCDC:  The Commissioner for Soil and Land Conservation or his/her nominee;  Where both pastoral and agricultural activities are contained within the land conservation district, three persons are to be appointed to represent the Pastoralists and Grazier’s Association and the WA Farmers Federation;  One or more persons nominated by the local government; and  Other persons appointed by the Commissioner from agricultural, government or community backgrounds.

Section 5.10 of the Local Government Act 1995 deals with the appointment of Council members to committees

Relevant Plans and Policy Nil

Financial Implications There are no financial implications affecting Council as this matter relates to membership of a Committee only.

Risk Assessment There is no risk to Council.

Community and Strategic Objectives

Outcome 2.1 Continued conservation and enhancement of the natural environs.

2.1.2 Support the development of regional natural resource management.

Outcome 5.1 A well engaged and informed community.

5.1.3 Develop processes to facilitate improved communication with all other stakeholders.

Comment As Councillor Fullarton has indicated his willingness to represent Council on the Lyndon Land Conservation District Committee it is recommended that Council endorse his nomination.

OFFICER’S RECOMMENDATION

That Councillor Fullarton be nominated as Council’s representative to the Lyndon Land Conservation District Committee in accordance with Section 5.10 of the Local Government Act 1995. 11

FC 3/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr McMahon

That Councillor Fullarton be nominated as Council’s representative to the Lyndon Land Conservation District Committee in accordance with Section 5.10 of the Local Government Act 1995.

CARRIED F6/A0

8.1.3 REVIEW OF DELEGATION REGISTER – MAY 2015

File No: 4A0102 Date of Meeting: 26th May 2015 Location/Address: Shire of Carnarvon Name of Applicant: N/A Name of Owner: Shire of Carnarvon Author/s: Dannielle Hill, Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: 27th May 2014

Summary of Item: This item is the annual review of Council’s delegations of authority.

Description of Proposal: To review Council’s delegations of authority and endorse as presented.

Background: Local Governments are empowered under a number of pieces of State Government legislation (Acts and Regulations) to perform certain duties and exercise certain powers.

In many instances a piece of legislation empowers the Chief Executive Officer (CEO) or another officer of the Local Governments to perform duties, but often the Act or Regulations (particularly the Local Government Act, 1995) defaults to the Local Government Council with the ability to delegate some of its powers and duties to the CEO or to Committees in order to expedite the effective operations and implementation of the Shire’s functions.

A requirement of Council delegating its authority is that a ‘Register of Delegations’ needs to be maintained and reviewed annually. Therefore, the purpose of this report is to review the list of delegations to the CEO and sub-delegation of duties to other nominated officers within the organization (Schedule 8.3.1 (i)).

A further ‘Schedule of Authorised Persons’ has been prepared by the CEO that empowers various staff to perform specific/designated roles and duties under sub-delegtion. These Schedules do not require Council endorsement (refer to Statutory Environment below), but will be tabled for Council to note.

Consultation: Nil

Statutory Environment: The Council is empowered pursuant to Sections 5.16 and 5.42 of the Local Government Act 1995 to delegate roles and responsibilities, while Section 5.46 (2) requires an annual review of delegations by Council.

The Act also allows the Chief Executive Officer to sub-delegate any of his/her powers to another employee with the sub-delegations to be in writing.

The Chief Executive Officer is also permitted under the Act to place conditions on any sub-delegation passed onto another Shire employee.

Relevant Plans and Policy: There are no evident policy implications in relation to this review.

Financial Implications: Nil

Risk Assessment: No risk to Council as this is a reporting requirement only.

Community & Strategic Implications:

Objective 5: Leadership and community engagement to ensure the best use of our physical, financial and human resources.

Voti Outcome 5.2 A high standard of governance and accountability. ng Req 5.2.1 Maintain a high standard of corporate planning and reporting. uire me 5.2.2 Ensure compliance with all relevant legislation and regulations. nts: Sect ion 5.46(2) of the Local Government Act 1995 states Council must review its Delegation Register annually, however, if no amendments are made to the existing register a vote by simple majority can apply. However, Section 5.42 (1) further states that any decision to amend or revoke a delegation by a Local Government is to be by an absolute majority.

Comment: The Delegation Register is to formalise the Council’s “day to day” functions/operations through empowerment of staff to operate efficiently, effectively and productively in the interest of good governance. However, the level of delegation should not extend beyond the Council losing (or perceived to be losing) control of its responsibilities under applied legislation.

It is also pertinent that such delegations to staff on “day to day” matters are reported back to Council to ensure the grant of delegated authority, in the Council’s opinion, is not misused and abused in any way. Should Council not be satisfied it may at any time amend or remove the delegation to the CEO or another officer. It is to be noted that during the last year only minor amendments have been made to existing delegations and no new delegations have been endorsed.

OFFICER’S RECOMMENDATION

That Council: 1. Adopt the Delegation Register - May 2015 as presented in Schedule 8.1.3(i) to this report. 2. Note the ‘Schedule of Authorised Persons’ that includes the sub-delegation of roles and responsibilities from the CEO to other employees, as tabled.

FC 4/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Nelson/Cr Fullarton

That Council:

1. Adopt the Delegation Register - May 2015 as presented in Schedule 8.1.3(i) to this report. 2. Note the ‘Schedule of Authorised Persons’ that includes the sub-delegation of roles and responsibilities from the CEO to other employees, as tabled.

CARRIED F6/A0

8.1.4 PROPOSED TRANSFER OF MANAGEMENT ORDER – CORAL BAY AIRSTRIP - CROWN RESERVE 50805 BEING LOT 352 ON DP 69599

File No: Date of Meeting: 26 May 2015 Location/Address: Reserve 50805 - Lot 352 on Deposited Plan 69599 Coral Bay Name of Applicant: Department of Transport Name of Owner: Department of Transport Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report to Council: N/A

Summary of Item: This item relates to a request from the Department of Transport (DoT) seeking the Council’s consideration for the Shire of Carnarvon (SoC) to accept responsibility for the management and maintenance of Crown Reserve 50805, being the Coral Bay aviation landing strip.

Description of Proposal: This proposal involves an approach to the transfer of responsibility of the Coral Bay airstrip from DoT to the SoC Council for ease of management, recurrent annual maintenance, and future upgrades works.

For reference purposes the airstrip, located on Crown Reserve 50805 to the north-east and adjacent to the Coral Bay Settlement, is shown in Figures 1 and 2 below:

Figure 1 – Reserve 50805 – Lot 352

Coral Bay Aircraft Landing Strip

Figure 2 – Land Tenure Plan – Coral Bay Settlement Structure Plan

Background: The airstrip is a critical piece of infrastructure heavily relied upon by the local community and visitors to Coral Bay. This reliance primarily relates to medical evacuations by the Royal Flying Doctor Service (RFDS) and commercial flights conducted by tour operators for aerial ‘spotting’ of whale shark and manta rays. With this acknowledged, for some years the DoT has been responsible for management of the Coral Bay airstrip from its Perth office. This management has mainly involved grading of the clay/gravel formed airstrip on the existing salt pan to ensure the facility meets relative civil aviation compliance.

However, DoT holds the view that managing a small public airstrip from Perth is both impractical and not the core business of the state, but rather should rest with a Local Government, who is better suited and equipped to fulfil this function. Accordingly, the Council is in receipt of a letter from DoT requesting consideration for the Shire to accept responsibility for the Coral Bay airstrip. A copy of this correspondence is offered at Schedule 8.1.??

In support of this request, DoT’s Gascoyne Regional Manager has researched:

 The main user of the facility (other than RFDS) is the charter operators conducting spotter flights for charter boats to the Whale Sharks and/or Manta Rays in the Coral Bay region.  These operators accommodate approximately 9,500 passengers per annum that generates considerable revenue each season;  Each charter operator pays the Department of Parks and Wildlife (DPAW) $18/$9 per adult/child passenger and an initial licence application fee of approximately $1000 to operate within the Coral Bay Marine Park;  Each charter operator receives a five year licence, with an option for another five years from DPAW;  The Shire could partly recover costs for maintenance of the airstrip by charging a fee on the number of passengers;  With approximately 9,500 passengers, a fee of $2.00 per passenger could potentially generate $19,000 per annum.

Consultation: The only form of consultation on this matter to date has occurred at an officer level between Shire and DoT.

Statutory Environment: Land Administration Act, 1997 The management order for Coral Bay Crown Reserve 50805 is presently vested with DoT for the purpose of ‘Aerial Landing Ground’ only, under the provisions of the Land Administration Act, 1997.

If the Council is to support the request from DoT, a formal notice will in turn be lodged with the Department of Lands (DoL) for the management order for Reserve 50805 to be relinquished by DoT in favour of vesting with the Shire of Carnarvon. This action of change in reserve vesting will require the consent of the Minister for Lands.

Local Government Act, 1995 With regard to imposing a commercial cost for use of the Coral Bay airstrip, the Council is able to:

1. Set the level of fees in accordance with Section 6.17(1) of the Local Government Act, 1995 subject to a vote by absolute majority; and

2. Give public notice of fees and charges before they are introduced under Section 6.19 of the Local Government Act 1995 announcing:

(a) Its intention to do so; and (b) The date from which it is proposed the fees or charges will be imposed.

Relevant Plans and Policy: Section 6.7 of the Coral Bay Settlement Structure Plan 2014 recognises the existing management of the airstrip by DoT, which primarily involves inspecting the unsealed airstrip at least twice per month to assess the surface condition and undertaking maintenance on an as-needed basis. The document also acknowledges:

 DoT is generally not the agency responsible for the management and maintenance of regional airstrips in Western Australia;  The current airstrip should be viewed as ‘limited’ and an interim arrangement unit demand generates the need for a new airstrip, proposed to be constructed on a portion of Unallocated Crown Land approximately 9km to the east of Coral Bay.

Financial Implications: Should the Council entertain the request from DoT it will need to consider the recurrent inspection and maintenance costs of the Coral Bay airstrip, which presently amounts to $20,000 per annum (approx.).

As suggested by DoT the management of the airstrip could be offset through application of a booking fee on whale shark/manta ray tours as reflected in the Background Section of this report. This approach appears to be logically, reasonable, consistent with the charging arrangement established by DPaW, that can be applied under Section 6.17(1) of the Local Government Act, 1995 – refer to Statutory Section above.

However, the Council needs to be aware the financial return from a booking fee could vary based on seasonality of tours for whale sharks and manta rays. This may mean that any shortfall in funding for maintaining the airstrip will need to be covered through other means, such as revenue from the municipal rates applied in Coral Bay.

In this regard the Council can (should it accept the DoT’s request) include the applicable booking fee in its annual ‘Scheduled of Fees’ for the coming municipal 2015/2016 Budget. This fee could then take effect from the date the management order for Reserve 50805 is vested with SoC.

Conversely, the Council could apply an additional specified area rate to Coral Bay to primarily fund the airstrip maintenance. However, this would result the landowners incurring the cost for management/maintenance for the airstrip, as opposed to the tour operators who realise the greatest benefit. This approach is not recommended as the airstrip is considered to have wider community benefits.

With regard to more significant remedial or upgrade works for the airstrip, it has been confirmed by DoT that grant funding can be sought under the Regional Airport Development Scheme (RADS).

Risk Assessment: As reflected above, there is limited financial risk should the Council accept management responsibility for the Coral Bay Airstrip.

Community & Strategic Objectives:

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

Outcome 3.7 Housing and transport options that respond to our community’s needs.

3.7.2 Advocate for improved air and public transport services for the district. Comment: As flagged in the endorsed Coral Bay Settlement Structure Plan 2014, DoT would not usually manage small regional airstrips for the benefit of a local community. Rather, it would be the Local Government that would fulfil this need as a social obligation to provide services to its community, as is the case with the Carnarvon Airport.

Therefore, the Department’s request is not considered unreasonable or out of step with usual practice, and should receive serious consideration by Council given this position is already acknowledged in the Shire’s strategic planning.

However, in accepting this management responsibility it is accepted the Council should proceed to levy a commercial charge for use of the facility to reduce the financial burden on the ratepayers. In this regard, the suggestion by the DoT of an initial $2.00 aerial spotting fee applied to the cost of each booking for a whale shark/manta ray tour is supported. While specific detail of payment/collection may require refinement in consultation with the DoT and the DPaW, at initial glace, is possible an aerial spotting fee could be paid by tour companies on a monthly basis, calculated and validated on actual tour bookings supplied to DPaW under licence. With this information, the Shire could invoice tour operators based on the number of bookings presented to DPaW at the prescribed fee.

OFFICER’S RECOMMENDATION That Council:

1. Advise the Department of Transport (DoT) it is prepared to accept the vesting (Management Order) of Crown Reserve 50805 - Lot 352 on Deposited Plan 69599, being the Coral Bay Airstrip, subject to:

a) Written agreement from the Department Parks and Wildlife (DPaW) that information will be provided (in the form of tour bookings or similar) on a monthly basis to assist the Shire in imposing a charge on tour operators (ie whale shark/manta ray tours) licenced in Coral Bay that gain a commercial benefit through use of the Coral Bay Airstrip. b) Maintenance grading of the Coral Bay Airstrip being completed by DoT and deemed compliant with the relevant Civil Aviation Safety Authority standards prior to transfer of Crown Reserve 50805 to the Shire of Carnarvon.

2. Incorporate in its draft 2015/2016 Schedule of Fees the following aviation fee applicable to the Coral Bay airstrip:

‘Aerial Spotting Fee’ - $2.00 for each tour passenger booking.

Note: This fee will:  Apply to each tour passenger booking where commercial use of Coral Bay Airstrip is required.  Take affect at the time management of Crown Reserve 50805 is transferred to the Shire of Carnarvon.  Be levied on Coral Bay tour operators under licence with the Department Parks and Wildlife.  Be charged on a monthly basis based on information supplied by the Department Parks and Wildlife applicable to the tour operator’s licence.”

FC 5/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Fullarton/Cr Simpson

That Council:

1. Advise the Department of Transport (DoT) it is prepared to accept the vesting (Management Order) of Crown Reserve 50805 - Lot 352 on Deposited Plan 69599, being the Coral Bay Airstrip, subject to: c) Written agreement from the Department Parks and Wildlife (DPaW) that information will be provided (in the form of tour bookings or similar) on a monthly basis to assist the Shire in imposing a charge on tour operators (ie whale shark/manta ray tours) licenced in Coral Bay that gain a commercial benefit through use of the Coral Bay Airstrip. d) Maintenance grading of the Coral Bay Airstrip being completed by DoT and deemed compliant with the relevant Civil Aviation Safety Authority standards prior to transfer of Crown Reserve 50805 to the Shire of Carnarvon.

2. Incorporate in its draft 2015/2016 Schedule of Fees the following aviation fee applicable to the Coral Bay airstrip:

‘Aerial Spotting Fee’ - $2.00 for each tour passenger booking. Note: This fee will:  Apply to each tour passenger booking where commercial use of Coral Bay Airstrip is required.  Take affect at the time management of Crown Reserve 50805 is transferred to the Shire of Carnarvon.  Be levied on Coral Bay tour operators under licence with the Department Parks and Wildlife.  Be charged on a monthly basis based on information supplied by the Department Parks and Wildlife applicable to the tour operator’s licence.”

FC 6/5/15 COUNCIL RESOLUTION Cr Nelson/Cr Fullarton

That Standing Orders Section 13 be suspended at 8.52am in order to discuss the matter in a more informal manner. CARRIED F6/A0 FC 7/5/15 COUNCIL RESOLUTION Cr Brandenburg/Cr Fullarton

That Standing Orders Section 13 be resumed at 9.21am. CARRIED F6/A0

Motion FC 5/5/15 was put. CARRIED F5/A1 Cr Fullarton voted against the motion.

8.1.5 CARNARVON LAND CONSERVATION DISTRICT COMMITTEE – NOMINATION FOR APPOINTMENT

File No: 4A0112 Date of Meeting: 26th May 2015 Location/Address Carnarvon Name of Applicant Department Agriculture and Food (DAFWA) Name of Owner: N/A Author/s: Dannielle Hill, Executive Officer Declaration of Interest: N/A Voting Requirements: Simple Majority

Summary of Item The Department of Agriculture and Food (DAFWA) are seeking council’s nomination for re-appointment to the Carnarvon Land Conservation District Committee (Schedule 8.1.5)

Description of Proposal To appoint two Council representatives to the Carnarvon Land Conservation District Committee (LLCDC).

Background Council has previously appointed Cr Naomi McMahon and Mr Charles Brown as the Council representatives to the Carnarvon Land Conservation District Committee (LLCDC) however the term of that appointment expired on 31 March 2015 and the Commissioner of Soil and Land Conservation is requesting the Shire of Carnarvon’s nomination for re-appointment to this committee.

Consultation Department Agriculture and Food (DAFWA)

Section 5.10 of the Local Government Act 1995 deals with the appointment of Council members to committees

Relevant Plans and Policy Nil

Financial Implications There are no financial implications affecting Council as this matter relates to membership of a Committee only.

Risk Assessment There is no risk to Council.

Community and Strategic Objectives

Outcome 2.2 Continued conservation and enhancement of the natural environs.

2.1.2 Support the development of regional natural resource management.

Outcome 5.1 A well engaged and informed community.

5.1.3 Develop processes to facilitate improved communication with all other stakeholders.

Comment Meeting frequency is unknown but from feedback received, it is probable that there would be only 1 to 2 meetings per year. The term of appointment is for a 3 year period and in accordance with the Soil & Land Conservation Act 1945 s23 (2b)b, Council is required to have representation on this District.

OFFICER’S RECOMMENDATION That Councillor ……………………. and Mr John Nuttall(Executive Manager, Corporate Services) be nominated as Council’s representatives to the Carnarvon Land Conservation District Committee in accordance with Section 5.10 of the Local Government Act 1995.

FC 8/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr McMahon/Cr Fullarton

That Councillor Nelson and Mr John Nuttall(Executive Manager, Corporate Services) be nominated as Council’s representatives to the Carnarvon Land Conservation District Committee in accordance with Section 5.10 of the Local Government Act 1995.

CARRIED F6/A0

8.1.6 CYCLONE OLWYN – UPDATE ON CYCLONE OLWYN CLEAN-UP AND FURTHER BUDGET VARIATION TO THE BROWNS RANGE FACILITY FOR DAMAGED NETTING FROM HORTICULTURAL ESTABLISHMENTS

File No 4EO415 Date of Meeting: 26 May 2015 Location/Address Carnarvon generally Reserve 36476 Speedway Road Brown Range specifically Name of Applicant Shire of Carnarvon Author Gary Martin, Acting Chief Executive Officer Rob Paull, Director Development Services Declaration of Interest: Nil Voting Requirements: Simple Majority (Recommendation 1) Absolute Majority (Recommendation 2) Previous Report: 24 March 2015

Summary of Item: This item is presented to Council for the following reasons:

a) To update Council on the Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) funding provisions associated with Tropical Cyclone Olwyn. b) To further suspend for one month, local government fees and charges applicable to waste management at the Browns Range facility for damaged netting from horticultural establishments.

Background: In a response to the impact of Cyclone Olwyn on the community of Carnarvon, Council resolved on 24 March 2015 as follows:

“That Council:

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1

1. Approve a budget variation through the reallocation of $42,000 for fit out of the Town Beach Kiosk (COA R032) to a new Charter of Account and line in the budget titled ‘Emergency Management - Natural Events’ in order to cover some of the costs incurred by Tropical Cyclone Olwyn.

2. Suspend the local government fees and charges applicable to waste management at the Browns Range facility for the period of 13 March 2015 to 10 April 2015 inclusive, and waive the planning and building application local government fees for repairs to damaged buildings and structures, including replacement of damaged fences.

(Absolute Majority Required)

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2

1. Endorse the Chief Executive Officer’s actions in response to the impacts from Tropical Cyclone Olwyn, including decision to suspend of local government fees and charges as outlined in point b) above.

2. Express its formal appreciation to the responsiveness efforts of the Government Agencies, staff, contractors, volunteers and other local governments that assisted in the response and recovery from Tropical Cyclone Olwyn.

(Simple Majority Required)”

Description of Proposal: As the Council is aware the Shire experienced the brunt from Tropical Cyclone Olwyn on Friday 13 March 2015 resulting in considerable damage and loss to private and public property.

It is noted that at the 24 March Ordinary meeting 2015, Council waived certain fees for a period of time including fees and charges applied at the Browns Range Waste Facility. As an attempt to encourage the speedy cleanup of road reserves and horticultural areas of netting, it is suggested that waste facility fees be waived for a further 30 days.

Consultation: Consultation on the suspension of fees and charges was undertaken between the Acting CEO and Shire President.

Statutory Environment The payment of charges is required pursuant to provisions of the Local Government Act, 1995. Specifically, Section 6.2(b) of the Act affords Council the ability to waive payments as outlined below:

6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government.

* Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges. (3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government. (4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

Relevant Plans and Policy: None known

Financial Implications: The further suspension of fees and charges for one month at the Browns Range Waste Facility will result a loss of income to the Shire. At this stage it is extremely difficult to estimate this cost due to the unknown extent of netting generated and to be disposed of. However, the Shire is investigating means to reuse all or some of the netting which could result in some degree of financial offset.

Risk Assessment: The perceived level of risk is considered to be ‘low’ risk and can be managed by routine procedures, and is unlikely to need specific application of external resources.

Community & Strategic Objectives: The requested direction and proposed approach accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Outcome 3.8 Improved community health, safety and well being.

3.8.1 Support and assist fire and other emergency service organisations in the preparation for, and delivery of, emergency operations. 3.8.5 Administer the Shire’s responsibilities under the Emergency Management Act.

Comment Funding provided to the Shire residential green waste, debris and asbestos clean-up from Cyclone Olwyn is almost complete. Under the strict Federal and State governments Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) funding provisions, the Shire was only permitted to arrange for contractors to remove trees and other green waste along with asbestos from residential properties.

The WANDRRA funding has also been extended to now allow primary producers that have suffered direct damage as a result of the Cyclone are eligible for a grant of up to $ 25,000 for the clean-up and immediate restoration as a result of the damage. The period for growers to seek and expend the funds is 2 years. The grants will not cover loss of income. The Shire is not eligible to seek or be reimbursed for work associated with this funding.

The extended WANDRRA assistance is managed by the Department of Food and Agriculture. As an attempt to encourage the speedy cleanup of road reserves and horticultural areas of netting, it is suggested that waste facility fees be waived for a further 30 days.

OFFICER’S RECOMMENDATION 1

That Council: 1. Note that: a) funding provided to the Shire of Carnarvon’s residential green waste, debris and asbestos clean-up from Cyclone Olwyn is almost complete; b) under the strict Federal and State governments Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) funding provisions, the Shire was only permitted to arrange for contractors to remove trees and other green waste along with asbestos from residential properties;

c) the WANDRRA funding has now been extended to now allow primary producers that have suffered direct damage as a result of the Cyclone to be eligible for a grant of up to $ 25,000 for the clean-up and immediate restoration as a result of the damage. 24

(Simple Majority Required)

OFFICER’S RECOMMENDATION 2 That Council: 1. As an incentive for growers to cleanup up netting from their properties and adjoining road reserves, suspend the local government fees and charges applicable to waste management at the Browns Range facility for damaged netting (only) from horticultural establishments until 23 June 2015.

(Absolute Majority Required)

FC 9/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Nelson/Cr McMahon

That Council:

1. Note that:

a) funding provided to the Shire of Carnarvon’s residential green waste, debris and asbestos clean-up from Cyclone Olwyn is almost complete;

b) under the strict Federal and State governments Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) funding provisions, the Shire was only permitted to arrange for contractors to remove trees and other green waste along with asbestos from residential properties;

FC 10/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr Fullarton/Cr Nelson

That Council:

1. As an incentive for growers to clean-up up netting from their properties and adjoining road reserves, suspend the local government fees and charges applicable to waste management at the Browns Range facility for damaged netting (only) from horticultural establishments until 23 June 2015.

CARRIED BY ABSOLUTE MAJORITY F6/A0

8.1.7 REQUEST FOR COUNCIL DELEGATE AUTHORITY TO THE CEO TO INITIATE LEGAL ACTION TO ACHIEVE COMPLIANCE WITH THE SAT CONSENT ORDERS AT LOT 2 FRENCH STREET (‘LITTLE KENYA’), CORAL BAY

9.31am – Cr Simpson declared a Proximity Interest in this item as he holds a lease in the area in question. He therefore left the meeting and did not participate or vote on the matter.

File No 4A0102 Date of Meeting: 26 May 2015 Location/Address Lot 2 French Street, Coral Bay Name of Applicant Shire of Carnarvon Author Gary Martin, Acting Chief Executive Officer Rob Paull, Director Development Services Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report: 8 April 2015 (Special Council Meeting)

Summary of Item: An inspection of ‘Kanya’ on 6 May 2015 revealed significant improvement in the layout and use of what is a caravan park. However, there were some sites that had yet complied with the State Administration Tribunal (SAT) consent orders. Council is requested to delegate authority to the Chief Executive Officer (CEO) to where deemed necessary, initiate legal action to achieve compliance with the State Administration Tribunal (SAT) consent orders in relation to building notices served on the various owners of workers’ accommodation at Lot 2 French Street (‘Little Kenya’), Coral Bay.

Background: At a Special Council meeting on 8 April 2015, Council resolved as follows:

“COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1

That Council pursuant to Section 5.42 of the Local Government Act, 1995 delegate authority to the Chief Executive Officer to, where deemed necessary, grant extension of time to the State Administration Tribunal (SAT) consent orders in relation to building notices served on the various owners of workers’ accommodation at Lot 2 French Street (‘Little Kenya’), Coral Bay.”

In light of the above delegation and in consideration of the seven requests received, the CEO has resolved to extend the period of time for compliance with the SAT consent orders to 20 May 2015. In advising applicants, the CEO noted that the extension did not override any requirements for compliance that may have been issued by the caravan park owner and that should the SAT consent orders not be carried out, the Shire reserves the right to refer the matter to the relevant court for enforcement without further notice.

Description of Proposal: The Shire is requesting authority from Council to undertake legal action, where necessary, for non- compliance.

Consultation: Consultation on the matter was undertaken between the Acting CEO, Shire President, Coral Bay Ward Councillor and Executive Manager, Development Services.

Statutory Environment Local Government Act, 1995 Section 5.42 of the Local Government Act, 1995 empowers Council to delegate its authority to the Chief

Executive Officer, particularly on matters deemed to be of operational significance. The Act also allows the Chief Executive Officer to sub-delegate any of his/her powers to another employee subject to such delegation being done in writing. The Chief Executive Officer is also permitted under the Act to place conditions on any sub-delegation passed onto another staff employee.

Relevant Plans and Policy: There is no plan or policy that applies to this matter.

Financial Implications: It is likely that should enforcement action be required, the Shire will need to engage legal representation to refer this matter through the Court system. However it is anticipated that the Shire would be awarded Court costs should the action be successful. From discussions with the Shire’s legal advisers, it is anticipated that the Shire’s enforcement action would be successful.

Risk Assessment: Should Council not grant delegated authority to the CEO to pursue enforcement through the Courts in relation to the SAT consent orders, such requests for legal action will need to be presented to Council for assessment and determination.

Community & Strategic Objectives: The requested direction and proposed approach accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Outcome 5.2 A high standard of governance and accountability

5.2.2 Ensure compliance with all relevant legislation and regulations

Comment An inspection of ‘Little Kanya’ on 6 May 2015 revealed significant improvement in the layout and use of what is a caravan park. However, there were some sites that had not yet complied with the SAT consent orders. It is possible that a further inspection would reveal that all sites had complied, noting that a small number of sites had negotiated with the SAT to have until 6 June 2015 to comply.

From an operational perspective, the granting of delegated authority to the CEO will afford flexibility to pursue those site occupants that determine not to comply with the SAT consent orders.

OFFICER’S RECOMMENDATION That Council pursuant to Section 5.42 of the Local Government Act, 1995 delegate authority to the Chief Executive Officer to, where deemed necessary, initiate legal action to achieve compliance with the State Administration Tribunal (SAT) consent orders in relation to building notices served on the various owners of workers’ accommodation at Lot 2 French Street (‘Little Kenya’), Coral Bay.

FC 11/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Fullarton/Cr McMahon

That Council pursuant to Section 5.42 of the Local Government Act, 1995 delegate authority to the Chief Executive Officer to, where deemed necessary, initiate legal action to achieve compliance with the State Administration Tribunal (SAT) consent orders in relation to building notices served on the various owners of workers’ accommodation at Lot 2 French Street (‘Little Kenya’), Coral Bay.

CARRIED BY ABSOLUTE MAJORITY F5/A0 27

9.34am – Cr Simpson returned to the meeting and was advised of Council’s decision on the matter.

8.2 CORPORATE & COMMUNITY SERVICES

FC 12/5/15 COUNCIL RESOLUTION Cr Nelson/Cr McMahon

That Items 8.2.1 to 8.2.3 inclusive as follows, be adopted en-bloc by Council -

8.2.1 ACCOUNTS FOR PAYMENT APRIL 2015

File No: 2F0504 Date of Meeting: 26th May 2015 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Author/s: Stacy Martyn, Senior Finance Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996.

Background: Council delegated to CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund.

Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13

Relevant Plans and Policy: All accounts are paid as per the Shire of Carnarvon’s 2014/15 Budget.

Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made.

Strategic Implications”

Outcome 5.2 A high standard of governance and accountability.

Maintain a high standard of corporate planning and reporting.

Ensure compliance with all relevant legislation and regulations.

Develop and implement audit and risk management processes.

Develop an understanding of the roles and responsibilities of elected members.

Implement ongoing professional development of best practice governance for elected members and staff.

Outcome 5.4 Long-term financial viability.

Continue to comply with national financial reporting frameworks.

Maintain a high standard of financial management.

Comment: Accounts paid to 30th April 2015 are listed at Schedule No. 8.2.1 (1)

OFFICER’S RECOMMENDATION That Council a) Receive the list of payments totalling $1,315,859.72 as presented for the month of April 2015 incorporating  BD1541 To BD1545 Bank Direct $ 112,243.44  45625 To 45662 Muni $ 112,014.61  7159 To 7160 Trust $ 2,200.00  EFT16119 To EFT16327 Muni $ 1,089,401.67 Totalling $1,315,859.72 be endorsed by Council. b) Note Sundry Creditors as at 30th April 2015 totalling $525,626.26.

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION

That Council a) Receive the list of payments totalling $1,315,859.72 as presented for the month of April 2015 incorporating

 BD1541 To BD1545 Bank Direct $ 112,243.44  45625 To 45662 Muni $ 112,014.61  7159 To 7160 Trust $ 2,200.00  EFT16119 To EFT16327 Muni $ 1,089,401.67

Totalling $1,315,859.72 be endorsed by Council. b) Note Sundry Creditors as at 30th April 2015 totalling $525,626.26.

8.2.2 FINANCIAL ACTIVITY STATEMENT – 30 APRIL 2015

File No: 2F0513 Date of Meeting: 26th May 2015 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the council is to prepare a monthly Statement of Financial Activity for approval by Council.

Description of Proposal: N/A

Background: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005, the change was implemented to provide elected members with a better idea of operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items and reconcile with the end of month balances.

Consultation: Nil

Statutory Environment: Local Government (Financial Management) Regulation 34 (1).

34. Financial activity statement required each month (Act s. 6.4) (1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a specific purpose. (1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail — (a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and (b) budget estimates to the end of the month to which the statement relates; and (c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; and (d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and (e) the net current assets at the end of the month to which the statement relates. (2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; and (b) an explanation of each of the material variances referred to in subregulation (1)(d); and

(c) such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be — (a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and (b) recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

Relevant Plans and Policy: Nil

Financial Implications: Nil

Risk Assessment: Council would be contravening the Local Government act should these statements not be submitted.

Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

Maintain a high standard of corporate planning and reporting.

Ensure compliance with all relevant legislation and regulations.

Develop and implement audit and risk management processes.

Develop an understanding of the roles and responsibilities of elected members.

Implement ongoing professional development of best practice governance for elected members and staff.

Outcome 5.4 Long-term financial viability.

Continue to comply with national financial reporting frameworks.

Maintain a high standard of financial management.

Comment: Attached for consideration is the completed Statement of Financial Activity for the period ended 30 April 2015. Schedule 8.2.2.

In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%, or $10,000, whichever is the higher.

OFFICER’S RECOMMENDATION

That Council;

1. In accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996 receives the Statement of Financial Activity for the period ended 30 April 2015.

2. Adopt the following budget variations for the period 30 April, as listed below.

COA Description Budget Variation Comments

TRANS FROM UNSPENT GRANTS Transfer pf previous years carry over surplus for Youth 2013 -72,448.00 RESERVE Outreach Services program EXTRAORDINARY ITEMS - GRANT Expenditure to offset carry over surplus funds for 6902 44,141.00 SURPLUS Youth Services Expenditure to offset carry over surplus funds for 6112 YOUTH SERVICES 2,800.00 Youth Services Expenditure to offset carry over surplus funds for Youth Services and additional income received for 6132 EMPLOYEE COSTS - YDO 40,000.00 Youth staff to carry out additional programs and services for youth REPAIRS AND MAINTENANCE - Expenditure to offset carry over surplus funds for 6162 2,500.00 YOUTH Youth Services Expenditure to offset income received for Heywire 6182 OTHER YOUTH PROJECTS 7,273.00 Grant Income received from Salvation Army for support 1343 GRANTS OTHERS -16,993.00 provided by Youth officers in delivery of Education Re- Entry Program

1383 YOUTH GRANT (INCOME) -7,273.00 Receipt of Heywire Grant

Budget decrease - reallocate to Bar Sales account for 9582 ADVERTISING - CIVIC CENTRE -3,296.00 Civic Centre Budget increase - reallocated from Advertising account 93A2 BAR SALES - PURCHASES 3,296.00 for Civic Centre BUDGET VARIATIONS TOTAL 0.00 ADJUSTMENTS

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION

That Council;

1. In accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996 receives the Statement of Financial Activity for the period ended 30 April 2015.

2. Adopt the following budget variations for the period 30 April, as listed below.

COA Description Budget Variation Comments

TRANS FROM UNSPENT GRANTS Transfer pf previous years carry over surplus 2013 -72,448.00 RESERVE for Youth Outreach Services program EXTRAORDINARY ITEMS - GRANT Expenditure to offset carry over surplus funds 6902 44,141.00 SURPLUS for Youth Services Expenditure to offset carry over surplus funds 6112 YOUTH SERVICES 2,800.00 for Youth Services Expenditure to offset carry over surplus funds for Youth Services and additional income 6132 EMPLOYEE COSTS - YDO 40,000.00 received for Youth staff to carry out additional programs and services for youth REPAIRS AND MAINTENANCE - Expenditure to offset carry over surplus funds 6162 2,500.00 YOUTH for Youth Services Expenditure to offset income received for 6182 OTHER YOUTH PROJECTS 7,273.00 Heywire Grant Income received from Salvation Army for 1343 GRANTS OTHERS -16,993.00 support provided by Youth officers in delivery of Education Re-Entry Program

1383 YOUTH GRANT (INCOME) -7,273.00 Receipt of Heywire Grant

Budget decrease - reallocate to Bar Sales 9582 ADVERTISING - CIVIC CENTRE -3,296.00 account for Civic Centre Budget increase - reallocated from Advertising 93A2 BAR SALES - PURCHASES 3,296.00 account for Civic Centre BUDGET VARIATIONS TOTAL 0.00 ADJUSTMENTS

8.2.3 INVESTMENTS AS AT 30 APRIL 2015

File No: 2F0502 Date of Meeting: 26th May 2015 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Finance Manager Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To seek Council’s endorsement of surplus funds invested to 30 April 2015

Description of Proposal: N/A

Background: Nil

Consultation: Takes place with Financial institutes prior to renewal of investments

Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds.

Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy.

Financial Implications: Nil

Risk Assessment: No risk identified

Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

Maintain a high standard of corporate planning and reporting.

Ensure compliance with all relevant legislation and regulations.

Develop and implement audit and risk management processes.

Develop an understanding of the roles and responsibilities of elected members.

Implement ongoing professional development of best practice governance for elected members and staff.

Comment: The attached monthly report on investments (Schedule No. 8.2.3) has been compiled in accordance with the reporting framework included as part of Council’s investment policy.

OFFICER’S RECOMMENDATION

That Council receive the investments report as at 30 April 2015.

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION

That Council receive the investments report as at 30 April 2015. CARRIED F6/A0

8.2.4 CARNARVON SPEEDWAY CLUB – ABSORPTION OF LEGAL FEES ASSOCIATED WITH PREPARATION OF THE LEASE AGREEMENT

9.38am – Cr Brandenburg declared a Financial/Indirect Financial interest in this item as he has business dealings with the applicant relative to plant hire. He therefore vacated the Chair, left the meeting and did not participate or vote on the matter.

9.38am – Cr Nelson declared an Impartiality Interest in this item as one of her employees is involved on the Speedway Committee. Cr Nelson was not required to leave the meeting and was able to participate and vote on the matter.

9.39am – Cr Ganzer, Deputy Shire President, assumed the Chair (via instantaneous communication).

File No: A3010 Date of Meeting: 26 May 2015 Location/Address: Reserve 31896, Speedway Road Brown Range Name of Applicant: Carnarvon Speedway Club (Inc) Name of Owner: Shire of Carnarvon Author/s: Tahlia Heitman-Taylor, Governance Officer - Contracts Declaration of Interest: Nil Previous Item to Council: Item 4.8 – Request for New Lease – Carnarvon Speedway Club – Reserve 31896 Voting Requirements: Simple Majority

Summary of Item: This report details a request from the Carnarvon Speedway Club (Inc) seeking Council’s absorption of the legal fees associated with preparing the lease agreement in order to renew their existing lease. The Officers recommendation detailed for this report advocates support for the Carnarvon Speedway Club’s request for a new lease to facilitate the continuity of the club activities on the current site.

Description of Proposal: A request to Council to absorb the costs associated with the preparation of the lease of Speedway Club.

Background: At the Special Council meeting 28th January 2015 Council resolved to:

SFC 9/1/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Brandenburg/Cr Fullarton

That Council: 1. In accordance with Local Government (Functions and General) Regulations 1996 regulation 30(2)(b) grant in favour of the Carnarvon Speedway Club a new lease over Reserve 31896, being Lot 1297 Speedway Road, Carnarvon generally modelled on the Motorcycle Club’s existing lease with the new Speedway Lease document structured around:

(a) A ten (10) year lease period with a further one (1) option for ten (10) years at the Shire’s discretion; (b) An annual lease payment of $300 (excluding GST) and payment of annual rates against the lease portion of land; (c) Compliance provisions applicable dust and noise issues under relevant legislation , including but not limited to the Health Act 1911 (as amended), Environmental Protection (Noise) Regulations 1997, and the Health Public Buildings Regulations 1992;

(d) The need to co-ordinate events programing and training times with the Carnarvon Motorcycle Club to ensure nuisance issues as outlined in point (c) above are appropriately managed.

2. Authorise the Shire President and the Chief Executive Officer to execute the relevant lease agreement and affix the common seal of the Shire of Carnarvon on the relevant documentation as specified in point 1 above.

CARRIED F7/A0 Consultation: No public consultation required as per Section 3.58 ‘Disposing of Property’ of the Local Government Act 1995.

Statutory Environment: The Council may entertain a formal lease pursuant to Section 3.58 ‘Disposing of Property’ of the Local Government Act 1995.

However, with this acknowledged, the Local Government (Functions and General) Regulations 1996 regulation 30(2)(b) provides an exemption where the proposed disposition is for charitable purpose, which is deemed applicable in this situation.

Relevant Plans and Policy: Nil

Financial Implications: The preparation of the new lease is estimated to be approximately $2,000. The Speedway Club has requested that Council absorb the costs associated with the preparation of the lease which if accepted by Council will need to be allocated in the current 2014/15 budget – COA 0018 (Tenders and Leases).

The lease should yield annual recurrent rates and charges as per the existing lease. In this regard an annual lease fee should continue to be payable, the existing lease fee being raised from $10 to $300 per annum which is consistent with the Motocross Club Lease and will assist in the cost of the lease preparation paid for over the term of a new lease.

Risk Assessment: Unfavourable precedence could be set allow similar clubs to request absorption of shire related costs.

Community & Strategic Objectives:

Outcome 3.1 Carnarvon is a proud community and is a desirable place to live, invest and visit.

3.1.5 Provide opportunities for community participation to promote a sense of belonging.

Outcome 3.4 Improved passive and active leisure and recreation facilities.

3.4.3 Encourage residents to lead healthy lifestyles through participation in passive and active recreational pursuits.

Comment: As a robust and active sporting club with strong membership it is appropriate the Council continue to support the Carnarvon Speedway Club’s existence through the grant of a new lease generally modelled on the new Motorcycle Club lease for consistency. This proposal is in line with similar sporting clubs and the legal fees associated with the preparation of the lease agreement.

OFFICER’S RECOMMENDATION That Council:

1. That Council note the cost associated with the preparation of the lease and resolved to make a donation of that cost up to $2000.

FC 13/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Fullarton/Cr McMahon

That Council note the cost associated with the preparation of the lease and resolved to make a donation of that cost up to $2000. CARRIED F4/A1 Cr Nelson voted against the motion.

9.34am – Shire President returned to the meeting, resumed the Chair and was advised of Council’s decision on the matter.

8.2.5 INTENTION TO IMPOSE DIFFERENTIAL RATES FOR 2015/2016

File No: 2F0514 Date of Meeting: 26 May 2015 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Finance Manager Declaration of Interest: Nil Voting Requirements: Absolute Majority

Summary of Item: To seek Council’s endorsement to impose differential rates relating to properties valued on an unimproved basis for the 2015/2016 financial year.

Description of Proposal: The Shire of Carnarvon has historically applied differential rates only to land parcels affected by unimproved valuations (UV). It is proposed to continue the same model for the 2015/2016 financial year.

The differential rate objective is one of equity and assurance that specific land parcels are not subsidising others. It can also be used if Council desires growth stimulation in a particular area of the district or may be used to offset dramatic increases in valuations in particular areas.

Background: The power to set differential rates is contained in section 6.33 of the Local Government Act 1995 and is provided to assist Councils with particular rating difficulties to achieve rating equity between different land characteristics. A Council may impose general differential rates and minimum value differential rates on properties within its district according to one or more combinations of the following characteristics:-

 the zoning of the land under Council’s Town Planning Scheme;  the predominant purpose for which the land is held or used as determined by Council; or  whether or not the land is vacant.

UV Mining and Pastoral Traditionally, in the Shire of Carnarvon the number of mining assessments has been in excess of pastoral leases while overall valuations have been around one third of pastoral valuations. This low valuation reflects the predominance of lower-value prospecting and exploration leases rather than higher value mining leases.

UV Intensive Horticulture Following Council’s decision in October 2006 to rate horticultural (plantation) properties on unimproved values it is necessary to impose a differential rate that offsets the high unimproved valuations associated with such land uses.

Given that unimproved values are assessed annually by Landgate, it is likely that the proposed horticultural differential rate will need to be reduced to compensate for any increase in such values.

As is the formal procedure for imposing differential and general minimum rates, Council need to advertise the proposed rates for public comment and also seek Ministerial approval prior to adopting the budget.

The rates proposed for advertising using existing values with the intention that overall rate revenue increases by 5 to 10 percent. Due to legislative requirements outlined in section 6.35, subsection (3) (b) of the Local Government Act 1995, when imposing a general minimum rate Council must ensure that they do not apply the general minimum rate to more than 50% of the number of properties in each rating category.

In reference to the total number of Council’s mining tenements (made up of prospecting and exploration leases, as stated above) there are currently 47 listed on our rating system and 50% of this is 23.5. It is impractical to apply a differential rate to half of a mining tenement and a general minimum rate to the other half, therefore the maximum number of “properties” that can have the minimum applied in this case is a total of 23.

In order to be compliant as per the relevant sections of the Act pertaining to imposing differential and general minimum rates, two rate models have been calculated to give Council an indication of the estimated rate revenue anticipated for 2015/16.

The first model is based on a 10 percent increase to UV Mining and a 5 percent increase to UV Pastoral and Intensive Horticulture, whilst the second model is a 6 percent increase overall with a general minimum rate of $200 applied to UV mining.

The results and explanations for both models can be reviewed under “Financial Implications” section of this report as listed below.

Consultation: Nil

Statutory Environment: 6.33. Differential general rates (1) A local government may impose differential general rates according to any, or a combination, of the following characteristics — (a) the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and Development Act 2005; (b) a purpose for which the land is held or used as determined by the local government; (c) whether or not the land is vacant land; or (d) any other characteristic or combination of characteristics prescribed. (2) Regulations may — (a) specify the characteristics under subsection (1) which a local government is to use; or (b) limit the characteristics under subsection (1) which a local government is permitted to use. (3) In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it. (4) If during a financial year, the characteristics of any land which form the basis for the imposition of a differential general rate have changed, the local government is not to, on account of that change, amend the assessment of rates payable on that land in respect of that financial year but this subsection does not apply in any case where section 6.40(1)(a) applies. (5) A differential general rate that a local government purported to impose under this Act before the Local Government Amendment Act 2009 section 39(1)(a) came into operation 1 is to be taken to have been as valid as if the amendment made by that paragraph had been made before the purported imposition of that rate. [Section 6.33 amended by No. 38 of 2005 s. 15; No. 17 of 2009 s. 39; No. 28 of 2010 s. 34.] 6.35 . Minimum payment (1) Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land. (2) A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district. (3) In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than — (a) 50% of the total number of separately rated properties in the district; or (b) 50% of the number of properties in each category referred to in subsection (6), on which a minimum payment is imposed. (4) A minimum payment is not to be imposed on more than the prescribed percentage of — (a) the number of separately rated properties in the district; or (b) the number of properties in each category referred to in subsection (6), unless the general minimum does not exceed the prescribed amount. (5) If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land. (6) For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories — (a) to land rated on gross rental value; and (b) to land rated on unimproved value; and (c) to each differential rating category where a differential general rate is imposed

Relevant Plans and Policy: There are no policies that affect this agenda item.

Financial Implications: The following calculations are based upon actual Valuations (not confirmed by Landgate at the time this report was produced) and bearing in mind the need to accommodate at least a 5-10 percent rate revenue increase, the following differential rates are proposed:

Option One - Increase of 10% on UV Mining and 5% on Pastoral and Intensive Horticulture

By applying the 10% increase to the current UV Mining category, it calculated 23 properties from the total of 47 at a minimum payment. This total number of properties on minimum payments meets the criteria set by the Local Government Act and therefore, makes the Council compliant as per the Act.

As a result of meeting these legislative requirements, considerations were also made with regards to the general minimum payment. The general minimum set for 2014/15 was $350 and to meet the 50% threshold as per the Act, Council will need to consider setting a general minimum payment of $303 – a reduction of $47.

The following calculations for Option One are as follows:

Actual Actual Estimated Rateable Category Rate in the $ Minimum Rate Rate Revenue Rate Revenue Valuations (Inc. Mins) (Inc. Mins) 14/15 15/16 14/15 15/16 15/16 14/15 15/16

UV 10.054 Mining 2 11.0596 350 303 943,765 119,853 111,340 UV Pastoral 5.7453 6.0326 350 368 3,984,888 225,943 241,862 UV Intensive Horticultu re 0.7159 0.7517 700 735 67,528,000 481,527 509,078 TOTALS 72,456,653 827,323 862,280

Option Two - Increase of 6% overall with $200 General Minimum payment applied to UV Mining

In section 6.35, subsection (4) of the Local Government Act 1995, it reiterates the message that Council cannot impose a minimum payment on more than the prescribed percentage of the number of properties within each category. Unless, the general minimum does not exceed the prescribed amount - the prescribed amount being $200.

Option two seeks to increase the rate in the dollar and the general minimum applied across each category overall by 6 per cent, with exception to the general minimum rate applied to UV Mining which has been set to the prescribed amount of $200.

By applying the prescribed amount it means that the restriction of having to meet the 50% threshold in reference to applying the general minimum is lifted. However, as stated previously, this is still subject to Ministerial approval.

The following calculations for Option Two are as follows:

Actual Actual Estimated Rateable Category Rate in the $ Minimum Rate Rate Revenue Rate Revenue Valuations (Inc. Mins) (Inc. Mins) 14/15 15/16 14/15 15/16 15/16 14/15 15/16

UV 10.054 Mining 2 10.6575 350 200 943,765 119,853 104,582 UV Pastoral 5.7453 6.0900 350 371 3,984,888 225,943 244,164 UV Intensive Horticultu re 0.7159 0.7589 700 742 67,528,000 481,527 511,799 TOTALS 72,456,653 827,323 862,699

It must be understood the purpose of this Agenda Item is to set an estimated Differential Rate so a request can be sent to the Minister after advertising and seeking submissions from the electorate. Invariably the actual rate amount set will differ from the estimate once the valuations have been received from Landgate for the next financial year.

However the legislation allows these rate in dollar amounts to be adjusted to reflect the actual valuations by making notation in the Shires Adopted Budget and on the Rate Notices sent out. Such notation is to explain the reason for the difference between the advertised Differential Rate and that imposed being due to valuation adjustments from Landgate. The actual Rate Revenue raised will not differ significantly.

Section 6.35 of the Local Government Act needs to be considered here, “in applying a minimum rate a Local Government is to ensure the general minimum is imposed on not less than-

(a) 50% of the total number of separately rated properties in the district; or (b) 50% of the number of properties in each category.

To accommodate this requirement the above Rate in the Dollar and minimum rates are proposed.

Risk Assessment: The risk of Council not adopting either one of the above proposed differential and general minimum rates could result in the Shire being in breach of the Act.

The legislation states that Council must give sufficient notice to the public advising of the intention to impose differential rates and invite submissions from any ratepayers or electors in respect to the proposal.

The time allowed for the submissions to be made is 21 days, after this period expires Council are then required to write to the Department of Local Government requesting Ministerial approval to impose the proposed rates.

The process as outlined above, all needs to be carried out prior to the adoption of the 2015/16 Annual Budget.

Community & Strategic Objectives:

Outcome 5.4 Long-term financial viability.

Continue to comply with national financial reporting frameworks.

Maintain a high standard of financial management.

Implement long term financial planning.

Comment: The difficulty with the legislative requirements surrounding the imposition of Differential Rates is the time factor involved to:

 Obtain the valuations for the forthcoming financial year from Landgate;  Advertise the proposed differential rates based upon estimates; and  Seek Ministerial approval.

All this needs to be completed at a time before the adoption of Council’s budget for the next financial year; hence the reason the differential rates are based upon estimations using:

 the previous year valuations;  estimated UV increase for the next year; and  estimated possible rate revenue increases for the next year.

An overall increase of 5% was applied to the 2014/15 imposed Differential Rates and this was not seen to be unreasonable. Although the first rate model option of an increase up to 10% may be perceived as being unfair between the UV categories, the overall variance between the estimated net totals calculated for 15/16 and the actual rate revenue received in 14/15 is an average of 5%. It should also be noted that there is equality in the provision and availability of services.

For example, the comparison between Mining and Pastoral is evident in the form of unimproved valuations applied to the mining leases being significantly lower than those applied to pastoral properties, however the pastoral properties benefit from services provided such as maintenance of rural roads.

In this instance it is not uncommon for the proposed differential rate set for the UV mining rate in the dollar to be at least twice that of pastoral lands, by doing this it attempts to achieve equitable sharing of the rate burden.

As mentioned previously, due to unimproved values being assessed annually it is likely that the proposed horticultural differential rates will need to be reduced to compensate for any increases in such values, again this is in our efforts to be equitable.

Overall, both rate models are comparable with the variance between the two estimated net values not being significant. However, it is the officer’s recommendation that Council consider to adopt the 5-10 percent increase (option one) keeping in line with the pattern of previous years proposals but also being mindful that efforts have been made to try and accommodate each category on its own merit.

Councils Budgeted Rate Revenue in 2014/2015 of $4,240,803 was 23.21% of its Operating Revenue for this year. Council’s Auditors have indicated that a “Rate Coverage Ratio” of 40% is acceptable, as it indicates a lower dependency on government grants and other funding sources.

OFFICER’S RECOMMENDATION

1. That Council seeks approval under section 6.33 of the Local Government Act to impose differential rates for 2015/16 land parcels that have unimproved valuations assigned to them as follows;

Category Rate in the $ Minimum Rate $ UV Mining 11.0596 303.00 UV Pastoral 6.0326 368.00 UV Plantations 0.7517 721.00

2. That Council publicly advertises its intention to impose differential rates, pursuant to section 6.36 (1) of the Local Government Act 1995 and invites public submissions for a period of twenty one days; and

3. That Council consider any submissions in respect of imposition of differential rates as part of the 2015/2016 Budget deliberations

FC 14/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Fullarton/Cr Nelson

1. That Council seeks approval under section 6.33 of the Local Government Act to impose differential rates for 2015/16 land parcels that have unimproved valuations assigned to them as follows;

Category Rate in the $ Minimum Rate $ UV Mining 11.0596 303.00 UV Pastoral 6.0326 368.00 UV Plantations 0.7517 721.00

3. That Council consider any submissions in respect of imposition of differential rates as part of the 2015/2016 Budget deliberations

CARRIED BY ABSOLUTE MAJORITY F6/A0

8.2.6 CARNARVON AIRPORT FEES AND CHARGES FOR 2015/16

File No: 5S0104 Date of Meeting: 26th May 2015 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Finance Manager Declaration of Interest: Nil Voting Requirements: Absolute Majority

Summary of Item: To seek Council’s endorsement of proposed fees and charges with respect to the Carnarvon Airport for 2015/2016.

Description of Proposal: N/A

Background: A financial summary with respect to the Carnarvon airport actuals for the years 2008/2009 to 2013/2014 and Year to Date figures for 2014/15 are included at Schedule No. 8.2.6(ii).

Included at Schedule No. 8.2.6(i) is a comparison of the fees that would be charged for a regular transport passenger service at a number of regional airports based upon the use of a Fokker F50 aircraft. In reality, few airports are serviced by the F50 but the comparison is made to determine the competitiveness of Carnarvon fees relative to other regional airports.

The Shire of Carnarvon existing fees are:

1. Passenger Levies at Carnarvon Airport Terminal (e.g. R.P.T/Charter Aircraft) a) Full Fare Passengers $17.85 $1.79 $19.64 b) Passengers under twelve years of age $10.30 $1.03 $11.33 2. Aircraft Landing Charges Fixed wing aircraft for each landing at Carnarvon Airport of a fixed wing aircraft where the maximum take-off weight of that aircraft is :- a) Less than 2000kg, $11.85 per 1000kg or part thereof with a minimum monthly charge of $21.50 plus GST.

Discounted to $7.25/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

b) More than 2000kg and less than or equal to 15,000kg, the $19.60 for each 1000kg of part thereof plus GST.

Discounted to $16.20/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box c) More than 15,001kg and less than or equal to 40,000kg, $23.50 for each 1000kg or part thereof plus GST.

Discounted to $16.20/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

d) more than 40,001kg, $31.45 for each 1000kg or part thereof plus GST

Discounted to $21.30/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box e) Rotary Winged Aircraft: For each landing $11.20/1000k plus GST

Discounted to $7.25/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box. 3. Locally Based Aircraft a) Annual Rate Charge – General Aviation Commercial and Private. This allows for unlimited number of take-offs and landings and no $519.65 per 1,000 kg take-off weight plus GST parking fees.

b) Annual Rate Charge – General Aviation Recreation Pro rata, based on weight of Item 3a. eg aircraft This allows for unlimited number of take-offs and landings and no weighing 300 kg =$519.65*300/1000 parking fees. 44

Consultation: Nil

Statutory Environment: Section 6.16 (2) of the Local Government Act 1995 enables the charging of fees for “….providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local government”. Fees and charges imposed or amended outside of the normal budget process must be advertised locally.

Relevant Plans and Policy: No existing Policy affected.

Financial Implications: As can be gleaned from the airport operational analysis report, the airport has, with the exception of 2008/09, 2009/10 and 2012/13, run at a profit after the depreciation of assets is removed. These profits are currently being absorbed into general revenue.

As can be seen from the attachments, increasing the fees and charges by the March quarter CPI (1.4%), places Carnarvon airport in the middle value of charges.

Risk Assessment: N/A

Community & Strategic Objectives:

Outcome 1.2 Improved Shire infrastructure

1.3.1 Advocate for the timely provision of enhanced infrastructure and utilities to facilitate economic growth. e.g., water, power, sewerage, boat launching facilities, air transport infrastructure and telecommunications.

1.3.2 Progress development of a new Carnarvon Airport.

Comment: Extending the life of the present airport while future options are considered remains critical to ensure continued provision of air transport services to Carnarvon.

There are still some remedial works required at the airport over the coming months and with this in mind it is suggested that a 1.4% increase in both Landing fees and Passenger fees be imposed for the 2015/2016 financial year.

OFFICER’S RECOMMENDATION

That Council in accordance with section 6.16 of the Local Government Act, impose the following airport regular passenger transport levies and landing charges, effective 1st July 2015:

1. Passenger Levies at Carnarvon Airport Terminal (e.g. R.P.T/Charter Aircraft) a) Full Fare Passengers $18.09 $1.81 $19.90 b) Passengers under twelve years of age $10.45 $1.05 $11.50 2. Aircraft Landing Charges Fixed wing aircraft for each landing at Carnarvon Airport of a fixed wing aircraft where the maximum take-off weight of that aircraft is :-

a) Less than 2000kg, $12.00 per 1000kg or part thereof with a minimum monthly charge of $21.80 plus GST.

Discounted to $7.35/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

b) More than 2000kg and less than or equal to 15,000kg, the $19.90 for each 1000kg of part thereof plus GST.

Discounted to $16.45/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box c) More than 15,001kg and less than or equal to 40,000kg, $23.85 for each 1000kg or part thereof plus GST.

Discounted to $16.45/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

d) more than 40,001kg, $31.90 for each 1000kg or part thereof plus GST

Discounted to $21.60/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box e) Rotary Winged Aircraft: For each landing $11.35/1000k plus GST

Discounted to $7.35/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box. 3. Locally Based Aircraft a) Annual Rate Charge – General Aviation Commercial and Private. This allows for unlimited number of take-offs and landings and no $527.00 per 1,000 kg take-off weight plus GST parking fees.

FC 15/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr Fullarton

That Council in accordance with section 6.16 of the Local Government Act, impose the following airport regular passenger transport levies and landing charges, effective 1st July 2015:

Discounted to $7.35/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

b) More than 2000kg and less than or equal to 15,000kg, the $19.90 for each 1000kg of part thereof plus GST.

Discounted to $16.45/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box c) More than 15,001kg and less than or equal to 40,000kg, $23.85 for each 1000kg or part thereof plus GST.

Discounted to $16.45/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

d) more than 40,001kg, $31.90 for each 1000kg or part thereof plus GST

Discounted to $21.60/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box e) Rotary Winged Aircraft: For each landing $11.35/1000k plus GST

CARRIED BY ABSOLUTE MAJORITY F6/A0

8.3 DEVELOPMENT SERVICES

8.3.1 ‘PLANNING APPLICATION’ & ‘APPLICATION FOR TRADER LICENCE’ AT LOT 180 (HN 26) ROBINSON STREET, CARNARVON (NORWEST SURF SHOP)

9.42am – Cr Nelson declared an Impartiality Interest in this item as the applicants are personal acquaintances. Cr Nelson was not required to leave the meeting and could participate and vote on the matter.

File No: A1922 P26/15 Date of Meeting: 26th May 2015 Location/Address: Lot 180 (HN26) on Plan 222239 Robinson Street, Carnarvon Name of Applicant: Kathy Holla Name of Owner: Kathy & Burke Holla Author/s: Timothy Roberts Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: The Shire of Carnarvon has recently reviewed its traders licence register and business usage within the Robinson Street road reserve. Under this review, it became apparent that many businesses were using the Robinson Street road reserve under an expired licence. A new Development Application has been received seeking approval to use the Robinson Street road reserve for trading purposes. Concurrent to the

47 application for planning approval, an application for a traders licence was also lodged seeking to renew their annual licence. It recommended that Council approve the application subject to conditions.

Background: An application was lodged with the Shire seeking permanent approval for usage of the Robinson Street road reserve for trading purposes at Norwest Surf Shop. Under the Robinson Street road reserve usage review, it became apparent that three businesses currently use the Robinson Street road reserve for trading purposes. Norwest Surf Shop is the first business seeking approval to use the Robinson Street road reserve for trading purposes. Both ‘Heddi’s Hair Salon’ and ‘Jewels by the Sea’ continue to use the Robinson Street road reserve without a valid licence. This Development Application, if approved, will provide approval for the ability to trade within the Robinson Street road reserve, whilst the trader licence will act upon this approval and require renewal on an annual basis. The location of Lot 180 (HN26) Robinson Street, Carnarvon is illustrated in Figure 1 below.

Figure 1 – Norwest Surf Shop Locality Plan (Intramaps)

Description of Proposal: On 29th April 2015, a Development Application was received requesting approval for the use of the Robinson Street road reserve for trading purposes. This proposal seeks to increase their trading space within these road reserves to attract customers to the store. This application is additional to renewing their annual licence through an application for a traders licence. The proponent seeks Council’s discretion to allow trade within the Robinson Street road reserve.

The trading area is situated along the lot boundary adjoining Robinson Street. Figure 2 below outlines the location of the trading area in relation to the site and adjoining area.

Figure 2 – Proposed trading area in respect to site and surrounding area

Consultation: Under Shire of Carnarvon Town Planning Scheme No. 10, no statutory community consultation is required. Internal correspondence was undertaken with Shire of Carnarvon Development Control Unit as required.

Statutory Environment: Planning and Development Act 2005 The Shire of Carnarvon Town Planning Scheme No. 10 is in force under this Act (Part 5 Local Planning Schemes) and has the objective of making suitable provision for the improvement, development and use of the land as described in the local planning scheme area.

Shire of Carnarvon Town Planning Scheme No. 10 Part III – Reserved Land The land on which the trading is proposed falls within the Robinson Street road reserve, which under TPS 10 is reserved as “Important Local Road. No use classes are identified for reserves under the Scheme and in fact land use in reserves is addressed as follows:

“3.2 (a) Land set aside under this Scheme for the purpose of a reservation is deemed to be reserved for the purpose indicated on the Scheme Map.

(c) In granting its Planning approval, the Council shall have regard to the ultimate purposes intended for the reserve and shall in the case of land reserved for the purpose of a Public Authority confer with that Authority before giving its approval.”

It is important to note that the definition of development within the Town Planning Scheme No. 10 also includes ‘the use of any land’. It is therefore appropriate that a Development Application be lodged for this purpose. Council is required to decide whether or not a proposed use is in accord with the intended purpose of a reserve. In this case, it should be considered determined because Council has previously approved alfresco dining uses in road reserves before. All current alfresco dining licenses also require annual approval through an application for a traders licence. 49

The Norwest Surf Shop is situated on Lot 180 (HN 26) Robinson Street and zoned ‘Commercial’ under TPS 10. Shop is listed as a permissible use (‘P’) under the Scheme within ‘Commercial’ zoned land. By extension trading within a main street should be considered incidental to the adjacent ‘Shop’ usage and should therefore be permitted provided it complies with the relevant standards and requirements laid down in the Scheme and all conditions (if any) imposed by Council in granting planning consent.

Relevant Plans and Policy: Shire of Carnarvon Local Laws The Shire of Carnarvon Local Laws provides provision for hawkers, traders and stallholders. The Shire of Carnarvon Local Laws defines ‘trading’ to mean selling goods, wares, merchandise or services, or offering goods, wares, merchandise or services for sale, in a thoroughfare or other public place and includes displaying goods, wares or merchandise for the purpose of offering them for sale, inviting offers for sale, soliciting orders or carrying out any other transaction therein, but does not include the setting up of a stall, or the conducting of business at a stall, under the authority of a licence issued under these Local Laws.

The proposal seeks to ‘trade’ outside the proponent’s property boundary within the Robinson Street road reserve. This law does not allow for any trading in any thoroughfare or public place unless that person is acting in compliance with the requirements, terms and conditions of a current licence issued under these Local Laws and for which all fees and charges have been paid. The application for a trader licence will need to be renewed on an annual basis and is to be assessed against the relevant policy statements and the desirability and location of the proposed activity.

Financial Implications: Shire of Carnarvon will receive $25 from annual fees associated with the application for a trader licence.

Risk Assessment: There are no significant risks identified with the proposal.

Community & Strategic Objectives: The proposed amendment is considered to be in accord with the following goals & outcomes in the Carnarvon Strategic Community Plan 2011:

Outcome 1.3 Increased tourism within the region

1.1.9 Streetscape and Town Centre enhancement

Outcome 1.5 A thriving and diverse business environment

1.5.3 Develop strong alliances with local businesses to effectively enhance and support economic growth 1.5.5 Engage and educate the local community to assist their understanding of statutory compliance and procedures

Outcome 2.3 Improve physical quality of the built environment.

.5.1 Develop and maintain township streetscapes, parks, gardens and open spaces in accordance with the aspirations of the community

Outcome 10.2 A high standard of governance and accountability

5.2.2 Ensure compliance with all relevant legislation and regulations

Comment: Shire of Carnarvon Local Laws provides for the appropriate provision of trading within road reserves. No person shall carry on trading in any thoroughfare or public place unless that person is acting in compliance with the requirements, terms and conditions of a current licence issued under these Local Laws and for which all fees and charges have been paid. In considering an application for a licence or renewal of a licence Council shall have regard to any relevant policy statements, the desirability of the proposed activity, the location of the proposed activity and the circumstances in the case. Council may issues a licence specifying requirements, terms and conditions when Council consider that the location and proposed activity of trading is considered desirable.

Trading within the Robinson Street road reserve should not obstruct sight lines for vehicles or pedestrians at road junctions and vehicle crossovers. With more enjoyable weather on offer coming into the high season, it can be expected that business will increase and trading within the Robinson Street road reserve can assist to advertise the business whilst also creating a vibrant and bustling street. Trading with the road reserve should be contained under the building verandah immediately to allow for the steady and uninterrupted flow of pedestrian traffic. With the trading area defined, there is still enough space within the road reserve for a pedestrian zone of 2 metres. This zone has been taken from Shire of Carnarvon Policy Statement No. 9 Alfresco Dining which demonstrates appropriate zones/buffers when trading within road reserves.

The proponent currently advertises her business via the use of flags within the Robinson Street road reserve. These advertising signs have permanent planning approval since September 2012. All clothing racks and fittings used are of a portable nature and are removed upon the completion of trading. Fittings and furniture should be appropriately secured so that they are stable and secure in all conditions.

The Carnarvon Tourism Development Strategy aims to strengthen Carnarvon’s competitiveness by leveraging its unique advantages of weather and socialising. The strategy supports this through encouraging trading at outdoor venues. Carnarvon’s year-round average temperature of 26oC is truly mediterranean however there is currently very limited opportunity for visitors to use Robinson Street to its full potential and socialise outdoors. There is potential to invite outdoor use by visitors and residents through increased outdoor trading licences and public amenities. The Carnarvon Tourism Development Strategy encourages initiatives that improve the range, quality, style and value of commercial establishments in Carnarvon. The use of commercial trading within the Robinson Street road reserve encourages a vibrant town and community in line with this strategy to create a positive consumer experience.

It is the officers recommendation that Council approve the applications to use the Robinson Street road reserve for trading purposes subject to conditions.

OFFICER’S RECOMMENDATION 1

That Council approve the Planning Application Shire Ref: P26/15 for trading within the Robinson Street road reserve adjacent to Lot 180 on Plan 222239 (HN 26) Robinson Street, Carnarvon generally in accordance with the approved plans (Schedule 8.3.1(i)) modified by conditions of this Approval and in accordance with Clause 2.4 of the Shire of Carnarvon Town Planning Scheme No. 10 subject to the following conditions:

1) The trading area is limited to commercial purposes only and is to be setback a minimum of 1.0m from the road pavement.

2) Prior to commencement of the trading use under the existing awning, the Shire Building Surveyor shall inspect the awning, and if required by the Building Surveyor, the applicant shall submit to the satisfaction of the Shire of Carnarvon an Engineer’s certificate of structural adequacy for the awning.

3) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

4) All outdoor furniture and other structures associated with the trading activity should be strong, durable, waterproof, rustproof and weather resistant and shall be removed at the end of each day of trading, or as directed by the Shire Chief Executive Officer (CEO).

5) The operator shall, prior to the traders licence activity commencing, submit to the Local Government:

i) A letter that indemnifies the Shire of all responsibility and legal liability associated with the trading activity being conducted within the Robinson Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved trading and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

Advice Notes a) This approval does not confer approval under other relevant legislation, including but not limited to, the Health Act 1900. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire Health Department on (08) 9941 0000. b) Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 2005 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal on (08) 9219 3111 or 1300 306 017.

OFFICER’S RECOMMENDATION 2

That Council, under section 29 of the Shire of Carnarvon Local Government Act Local Laws, approve the application for a trader licence subject to the following conditions:

1) This traders application is valid for a period of 12 months and will expire on 26th May 2016 whereby a fresh application will be required for the continued use of Robinson Street for trading purposes.

2) Prior to commencement of the traders licence under the existing awning, the Shire Building Surveyor shall inspect the awning, and if required by the Building Surveyor, the applicant shall submit to the satisfaction of the Shire of Carnarvon an Engineer’s certificate of structural adequacy for the awning.

3) The traders licence is non-transferable and the types of goods to be traded will be limited to retail only and is to be setback a minimum of 1.0m from the road pavement. 4) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

5) All outdoor furniture and other structures associated with the trading activity should be strong, durable, waterproof, rustproof and weather resistant and shall be removed at the end of each day of trading, or as directed by the Shire CEO.

6) The operator shall not without the prior written approval of the CEO.

a) Cause noise nuisance (i.e. live music, record, radio etc.) b) Carry out any specific functions (i.e. fashion parades, art exhibitions etc.) c) Prevent the public from traversing the trading area, whether paying customers or not.

7) The operator shall keep the trading area clean and free from rubbish at all times to the satisfaction of the Council.

8) The operator shall, prior to the traders licence activity commencing, submit to the Local Government:

i) A letter that indemnifies the Shire of all responsibility and legal liability associated with the trading activity being conducted within the Robinson Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved traders licence and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

Advice Notes a) With regard to condition (1) a failure to comply with the conditions of approval or provisions of the Local Law may result in renewal of the traders license being declined.

FC 16/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Nelson/Cr Simpson

1) The trading area is limited to commercial purposes only and is to be setback a minimum of 1.0m from the road pavement.

3) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

5) The operator shall, prior to the traders licence activity commencing, submit to the Local Government:

ii) A letter that indemnifies the Shire of all responsibility and legal liability associated with the trading activity being conducted within the Robinson Street road reserve; and

CARRIED F6/A0

FC 17/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr Nelson/Cr McMahon

That Council, under section 29 of the Shire of Carnarvon Local Government Act Local Laws, approve the application for a trader licence subject to the following conditions:

6) The operator shall not without the prior written approval of the CEO.

7) The operator shall keep the trading area clean and free from rubbish at all times to the satisfaction of the Council.

8) The operator shall, prior to the traders licence activity commencing, submit to the Local Government:

i) A letter that indemnifies the Shire of all responsibility and legal liability associated with the trading activity being conducted within the Robinson Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved traders licence and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

Advice Notes a) With regard to condition (1) a failure to comply with the conditions of approval or provisions of the Local Law may result in renewal of the traders license being declined.

CARRIED F6/A0

8.3.2 PLANNING APPLICATION FOR ALFRESCO DINING & APPLICATION FOR TRADER LICENCE AT LOT 180 (HN 26) ROBINSON STREET, CARNARVON (GALLEON CAFE)

File No: A1922 P24/15 Date of Meeting: 26th April 2015 Location/Address: Lot 180 (HN26) on Plan 222239 Robinson Street, Carnarvon Name of Applicant: Zhong Biaolin Name of Owner: Kathy & Burke Holla Author/s: Timothy Roberts Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: The Shire of Carnarvon has recently reviewed its Alfresco Dining Policy and business usage of the Robinson Street road reserve. In this review, it became apparent that many businesses were using the Robinson Street road reserve under an expired licence. A new Development Application has been received seeking permanent approval for dining (26 chairs and 6 tables) within the Robinson Street road reserve. Concurrent to the application for planning approval, an application for a traders licence was also lodged seeking to renew their annual licence. The proponent has requested Council’s discretion for an increase in the allowable amount of tables and chairs as per the Shire of Carnarvon Policy Statement No. 9. It recommended that Council approve the application subject to conditions.

Background: An application was lodged with the Shire seeking permanent approval for usage of the Robinson Street road reserve for alfresco dining purposes at the Galleon Cafe. From the alfresco dining review, it became apparent that four businesses currently use the Robinson Street road reserve for alfresco dining purposes. The Galleon Café is the sole remaining business seeking approval to use the Robinson Street road reserve for alfresco dining purposes. This Development Application, if approved, will provide continuous approval for a set number of table and chairs, whilst the trader licence will act upon this approval and require approval/renewal on an annual basis. The location of Lot 180 (HN26) Robinson Street, Carnarvon is illustrated in Figure 1 below.

Figure 1 – Galleon Cafe Locality Plan (Intramaps) Description of Proposal: On 20th March 2015, a Development Application was received requesting approval for the use of the Robinson Street road reserve for alfresco dining purposes. This proposal seeks to increase the allowable amount of tables and chairs within these road reserves additional to renewing their annual licence through an application for a traders licence. The proponent seeks Council’s discretion to allow 6 tables and 26 chairs within the Robinson Street road reserve for alfresco dining purposes.

The alfresco dining area is situated along the lot boundary adjoining Robinson Street. Figure 2 below outlines the location of the alfresco dining area in relation to the site and adjoining area.

Figure 2 – Alfresco Dining Area in respect to site and surrounding area

Shire of Carnarvon Town Planning Scheme No. 10 The land on which the alfresco dining is proposed falls within the Robinson Street road reserve, which under TPS 10 is reserved as “Important Local Road. No use classes are identified for reserves under the Scheme and in fact land use in reserves is addressed as follows:

“3.2 (a) Land set aside under this Scheme for the purpose of a reservation is deemed to be reserved for the purpose indicated on the Scheme Map.

(b) Except as otherwise provided in this Part, a person shall not carry out any development on land reserved under this Scheme, including the erection of a boundary fence, without firstly applying for and obtaining from the Council a planning approval pursuant to Part 2 hereof. (c) In granting its Planning approval, the Council shall have regard to the ultimate purposes intended for the reserve and shall in the case of land reserved for the purpose of a Public Authority confer with that Authority before giving its approval.”

Council is required to decide whether or not a proposed use is in accord with the intended purpose of a reserve. In this case, it is considered determined because Council approved alfresco uses in road reserves before (current alfresco business included) and also endorsed Policy Statement No 9 – Alfresco Dining confirming Council’s view that alfresco dining is indeed in accord with local road reserves.

The Galleon Cafe is situated on Lot 180 (HN 26) Robinson Street and zoned ‘Commercial’ under TPS 10. Alfresco dining itself is not listed within the TPS No. 10 zoning table but is considered to fall within the ambit of ‘Restaurant, Café & Eating House’ which is listed as a permissible use (‘P’) under the Scheme within ‘Commercial’ zoned land. By extension alfresco dining is considered incidental to the adjacent ‘Restaurant, Café & Eating House’ usage and should therefore be permitted provided it complies with the relevant standards and requirements laid down in the Scheme and all conditions (if any) imposed by Council in granting planning consent.

Relevant Plans and Policy: Shire of Carnarvon Town Planning Scheme No. 10 Policy Statement No. 9 – Alfresco Dining The purpose of the policy is to ensure that;

 Alfresco dining areas should be appropriate to the character and functions of the area in which they are proposed to be located,  Applications to establish dining areas will need to comply with specific requirements of any relevant policies, bylaws and/or regulations of Council, unless the Council considers such compliance is not necessary in a particular instance, and  The establishment of alfresco dining facilities should not conflict with or inconvenience other adjacent activities.

Shire of Carnarvon Local Laws

The Shire of Carnarvon Local Laws provides provision for hawkers, traders and stallholders. The proposal seeks to ‘trade’ outside the proponent’s property boundary within the Robinson Street road reserve. This law does not allow for any trading in any thoroughfare or public place unless that person is acting in compliance with the requirements, terms and conditions of a current licence issued under these Local Laws and for which all fees and charges have been paid. The application for a trader licence will need to be renewed on an annual basis and is to be assessed against the relevant policy statements and the desirability and location of the proposed activity.

Financial Implications: Shire of Carnarvon will receive $150 from annual fees associated with the application for a trader licence.

Risk Assessment: There are no significant risks identified with the proposal.

Community & Strategic Objectives: The proposed amendment is considered to be in accord with the following goals & outcomes in the Carnarvon Strategic Community Plan 2011:

Outcome 1.4 Increased tourism within the region

1.1.9 Streetscape and Town Centre enhancement

Outcome 1.6 A thriving and diverse business environment

1.5.3 Develop strong alliances with local businesses to effectively enhance and support economic growth

1.5.5 Engage and educate the local community to assist their understanding of statutory compliance and procedures

Outcome 2.4 Improve physical quality of the built environment.

2.5.1 Develop and maintain township streetscapes, parks, gardens and open spaces in accordance with the aspirations of the community

Outcome 15.2 A high standard of governance and accountability

5.2.2 Ensure compliance with all relevant legislation and regulations

Comment: TPS No. 10 Policy Statement No. 9 provides for the appropriate layout and setback of any alfresco dining application. A maximum of one chair per square metre may be located in the alfresco dining area. This provision is impractical as it does not take into account table size, service staff access, umbrellas or chair movements. The Policy provides for a maximum alfresco zone of 2.5 metres wide within the Robinson Street road reserve. Additional to this, any alfresco dining area needs to allow for a pedestrian zone of 2.0 metres wide and a kerbside zone of 1 metre wide. These requirements within the adjacent Robinson Street road reserve are illustrated in Figure 3 below.

Figure 3 – TPS No. 10 Policy Statement No. 9 road reserve requirements

The policy provisions have been created to not obstruct sight lines for vehicles or pedestrians at road junctions and vehicle crossovers. The proponent has requested an increase in the allowable number of tables and chairs because with more enjoyable weather on offer coming into the high season, the proponent expects business to increase and in turn usage of the alfresco dining area. The excess number of tables and chairs outside Policy Statement No. 9 would be contained under the building verandah. Whilst by definition this also falls within the Robinson Street road reserve, there is still enough space on the road reserve for the required pedestrian and kerbside zones. The location of the excess number is to be against the building and therefore will not obstruct pedestrian access ways or vehicles sight lines.

The proponent uses umbrellas in the alfresco dining area and if approved will continue to do so. When these umbrellas are removed upon the completion of trading each day, the fittings will need to be capped to avoid any potential trip hazard. Policy Statement No. 9 encourages this usage and recommends canopies to be higher than 2 metres above ground. Currently there are five umbrellas installed within the Robinson Street road reserve. These umbrellas comply with all provisions of Policy Statement No. 9.

All current chairs, tables and fittings used are of a portable nature and are removed upon the completion of trading. The current tables are either 800mm x 800mm and can be arranged to create a variety of table settings. Fittings and furniture are appropriately secured so that they are stable and secure in all conditions. The proposed increased number of table and chairs will also meet these provisions in line with Policy Statement No. 9. The style and layout of the current tables, chairs and umbrellas are demonstrated in Figure 4 below.

Figure 4 – General style and layout of tables, chairs and umbrellas at the Galleon Cafe. Proposed alfresco dining is to follow the same style and layout.

The Carnarvon Tourism Development Strategy aims to strengthen Carnarvon’s competitiveness by leveraging its unique advantages of weather, alfresco hospitality and socialising. The strategy supports this through encouraging trading at revamped or outdoor venues. Carnarvon’s year-round average temperature of 26oC is truly mediterranean however there is currently very limited opportunity for visitors to dine and socialise outdoors. There is potential to invite outdoor use by visitors and residents through increased alfresco dining, outdoor evening venues and public amenities. The Carnarvon Tourism Development Strategy encourages initiatives that improve the range, quality, style and value of hospitality establishments in Carnarvon. The use of alfresco dining within the Robinson Street road reserve encourages a vibrant town and community in line with this strategy.

It is the officers recommendation that Council approve the applications to use the Robinson Street road reserve for alfresco dining purposes subject to conditions.

OFFICER’S RECOMMENDATION 1

That Council approve the Planning Application Shire Ref: P24/15 for the use of the Robinson Street road reserve for alfresco dining purposes adjacent to Lot 180 on Plan 222239 (HN 26) Robinson Street, Carnarvon generally in accordance with the approved plans (Schedule 8.3.2(i)) modified by conditions of this Approval and in accordance with Clause 2.4 of the Shire of Carnarvon Town Planning Scheme No. 10 subject to the following conditions:

1) The alfresco dining area is limited to a maximum of 6 tables/26 chairs within the Robinson Street road reserve and is to be setback a minimum of 1.0m from the road pavement.

2) Prior to commencement of the alfresco dining use under the existing awning, the Shire Building Surveyor shall inspect the awning, and if required by the Building Surveyor, the applicant shall submit to the satisfaction of the Shire of Carnarvon an Engineer’s certificate of structural adequacy for the awning.

3) The plan to be amended to reflect the existing Disabled Parking bay in Robinson Street at this location, to the satisfaction of the Shire of Carnarvon.

4) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

5) Umbrella canopies are to be higher than 2.0 metres from the pavement and umbrella holes are to be capped upon the completion of each day.

6) All outdoor furniture and other structures associated with the alfresco dining activity should be strong, durable, waterproof, rustproof and weather resistant and shall be removed at the end of each day of trading, or as directed by the Shire Chief Executive Officer (CEO).

7) The operator shall, prior to the alfresco dining activity commencing, submit to the Local Government:

iii) A letter that indemnifies the Shire of all responsibility and legal liability associated with the alfresco dining activity being conducted within the Robinson Street and Alexandra Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved alfresco dining and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

OFFICER’S RECOMMENDATION 2

That Council, under section 29 of the Shire of Carnarvon Local Government Act Local Laws, approve the application for a trader licence subject to the following conditions:

1) This traders application is valid for a period of 12 months and will expire on 26th April 2016 whereby a fresh application will be required for the continued use of alfresco dining.

3) The traders licence is non-transferable and the types of goods to be traded will be limited to food and drink only.

4) The alfresco dining area is limited to a maximum of 6 tables/26 chairs within the Robinson Street road reserve to be setback a minimum of 1.0m from the road pavement.

5) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

6) Umbrella canopies are to be higher than 2.0 metres from the pavement and umbrella holes are to be capped upon completion of each day of trading.

7) All outdoor furniture and other structures associated with the alfresco dining activity should be strong, durable, waterproof, rustproof and weather resistant and shall be removed at the end of each day of trading, or as directed by the Shire CEO.

8) The operator shall not without the prior written approval of the CEO.

9) The operator shall keep the alfresco area clean and free from rubbish at all times to the satisfaction of the Council.

10) The operator shall, prior to the alfresco dining activity commencing, submit to the Local Government:

i) A letter that indemnifies the Shire of all responsibility and legal liability associated with the alfresco dining activity being conducted within the Robinson Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved alfresco dining and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

Advice Notes a) With regard to condition (1) a failure to comply with the conditions of approval or provisions of the Local Law may result in renewal of the license for alfresco dining being declined.

FC 18/5/15 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Nelson/Cr Ganzer

1) The alfresco dining area is limited to a maximum of 6 tables/26 chairs within the Robinson Street road reserve and is to be setback a minimum of 1.0m from the road pavement.

3) The plan to be amended to reflect the existing Disabled Parking bay in Robinson Street at this location, to the satisfaction of the Shire of Carnarvon.

4) A 2.0 metre wide pedestrian access way shall be kept clear at all times.

5) Umbrella canopies are to be higher than 2.0 metres from the pavement and umbrella holes are to be capped upon the completion of each day.

7) The operator shall, prior to the alfresco dining activity commencing, submit to the Local Government:

i) A letter that indemnifies the Shire of all responsibility and legal liability associated with the alfresco dining activity being conducted within the Robinson Street and Alexandra Street road reserve; and

ii) A Certificate of Currency from the insurance company chosen by the operator with a minimum cover of 10 million dollars that will indemnify Shire against any claim associated with the operation of the approved alfresco dining and there after shall ensure the minimum insurance cover remains current for the period of operation pursuant to this approval.

CARRIED F6/A0

FC 19/5/15 COUNCIL RESOLUTION &OFFICER’S RECOMMENDATION 2 Cr Fullarton/Cr Ganzer