AGENDA – ORDINARY MEETING OF COUNCIL 1 16 October 2007

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

AGENDA

Council Chambers, TOM PRICE

16 October 2007

AGENDA – ORDINARY MEETING OF COUNCIL 2 16 October 2007

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

Dear Councillor,

Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 16 October, 2007 at Council Chambers, Tom Price commencing at 9.00am.

The business to be transacted is shown in the Agenda.

Keith Pearson CHIEF EXECUTIVE OFFICER

10 October 2007

DISCLAIMER

The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.

AGENDA – ORDINARY MEETING OF COUNCIL 3 16 October 2007

1.10.0 DECLARATION OF OPENING ...... 5 2.10.0 ANNOUNCEMENT OF VISITORS...... 5 3.10.0 ATTENDANCE...... 5 3.10.01 PRESENT ...... 5 3.10.02 APOLOGIES ...... 5 3.10.03 APPROVED LEAVE OF ABSENCE...... 5 4.10.0 PUBLIC QUESTION TIME ...... 5 4.10.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE...... 5 4.10.02 PUBLIC QUESTION TIME...... 5 5.10.0 APPLICATIONS FOR LEAVE OF ABSENCE ...... 5 6.10.0 PETITIONS / DEPUTATIONS / PRESENTATIONS...... 5 6.10.01 PETITIONS ...... 6 6.10.02 DEPUTATIONS...... 6 6.10.03 PRESENTATIONS ...... 6 7.10.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 6 7.10.01 ORDINARY MEETING OF COUNCIL HELD ON 18 September 2007 ...... 6 8.10.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ...... 6 9.10.0 DECLARATION BY MEMBERS...... 6 10.10.0 ENGINEERING SERVICES REPORTS...... 7 10.10.24 REGIONAL WASTE MANAGEMENT PLAN ...... 7 10.10.25 REQUEST FOR TENDER 12/07 SUPPLY OF (1) ONE MOTOR GRADER...... 11 10.10.26 REQUEST FOR TENDER 11/07 PROVISION OF SIDE-LOADING REFUSE COMPACTOR TRUCK ...... 14 10.10.27 ENGINEERING SERVICES DECISION STATUS REPORT...... 18 11.10.0 COMMUNITY SERVICES REPORTS...... 23 11.10.12 MOSAIC ART PROGRAM PARABURDOO...... 23 11.10.13 COMMUNITY SERVICES DECISION STATUS REPORT...... 25 12.10.0 CORPORATE SERVICES REPORTS ...... 27 12.10.64 RECEIPT OF FINANCIAL REPORT AND SCHEDULE OF ACCOUNTS...... 27 12.10.65 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ...... 29 12.10.66 PROPOSED CHRISTMAS / NEW YEAR ARRANGEMENTS 2007/2008 ...... 31 12.10.67 COUNCIL CHRISTMAS FUNCTIONS ARRANGEMENTS FOR 2007...... 35 12.10.68 BILATERAL AGREEMENT ON INDIGENOUS AFFAIRS ...... 37 12.10.69 DRAFT TOURISM POLICY – REGIONAL COUNCIL ...... 41 12.10.70 CORPORATE SERVICES STATUS REPORT...... 45 13.10.0 DEVELOPMENT SERVICES REPORTS...... 47 13.10.32 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7...... 47 AGENDA – ORDINARY MEETING OF COUNCIL 4 16 October 2007

13.10.33 PARABURDOO GAS TURBINE EXPANSION – VARIATION UNDER STATE AGREEMENT ...... 49 13.10.34 PILBARA REGIONAL COUNCIL – POSITION STATEMENT HEALTH SERVICES...... 51 13.10.35 DRAFT PLANNING POLICY – TRANSIENT WORKERS ACCOMMODATION ...... 54 13.10.36 LAND RELINQUISHMENT TOM PRICE – ...... 57 13.10.37 DEVELOPMENT SERVICES DECISION STATUS REPORT...... 61 14.10.0 WESTERN OPERATIONS REPORTS ...... 70 14.10.15 WESTERN OPERATIONS DECISION STATUS REPORT...... 70 15.10.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING...... 74 15.10.04 PRIORITISATION OF CSRFF GRANT APPLICATIONS...... 74 16.10.0 CONFIDENTIAL REPORTS...... 74 16.10.17 CONFIDENTIAL REPORT – REGULATORY MATTERS RIO TINTO LTD ...... 75 17.10.0 NEXT MEETING ...... 75 18.10.0 CLOSURE OF MEETING...... 75 AGENDA – ORDINARY MEETING OF COUNCIL 5 16 October 2007

1.10.0 DECLARATION OF OPENING

2.10.0 ANNOUNCEMENT OF VISITORS

3.10.0 ATTENDANCE

3.10.01 PRESENT Cr L Corker Shire President, Ashburton Ward Cr A Eyre Onslow Ward Cr C Fernandez Tom Price Ward Cr L Rumble Paraburdoo Ward Cr H Martin Tom Price Ward Cr L Thomas Tableland Ward

Mr Keith Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Mrs S O’Toole Executive Manager Corporate Services Ms A O’Halloran Executive Manager Western Operations Mr L Softley Executive Manager Community & Economic Development Ms B Shields Executive Assistant Chief Executive Officer

3.10.02 APOLOGIES Cr E Walsham Pannawonica Ward Cr T Bloem Tom Price Ward Mr B Smith Executive Manager Development Services

3.10.03 APPROVED LEAVE OF ABSENCE Cr T Bloem Tom Price Ward 4.10.0 PUBLIC QUESTION TIME

4.10.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4.10.02 PUBLIC QUESTION TIME

5.10.0 APPLICATIONS FOR LEAVE OF ABSENCE

6.10.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

AGENDA – ORDINARY MEETING OF COUNCIL 6 16 October 2007

6.10.01 PETITIONS

6.10.02 DEPUTATIONS

6.10.03 PRESENTATIONS Amanda O’Halloran Onslow Structure Plan 7.10.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.10.01 ORDINARY MEETING OF COUNCIL HELD ON 18 September 2007

Officers Recommendation

 That the Minutes of the Ordinary Meeting of Council held on 18 September 2007, as previously circulated on 28 September 2007, be confirmed as a true and accurate record.

8.10.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

9.10.0 DECLARATION BY MEMBERS

That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting.

AGENDA – ORDINARY MEETING OF COUNCIL 7 16 October 2007

10.10.0 ENGINEERING SERVICES REPORTS 10.10.24 REGIONAL WASTE MANAGEMENT PLAN

FILE REFERENCE: AS.TE 12/07

AUTHOR’S NAME AND Jeff Breen POSITION: Executive Manager Engineering Services

NAME OF APPLICANT/ Pilbara Regional Council RESPONDENT:

DATE REPORT WRITTEN: 3 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary At the 24 September, 2007 meeting of the Pilbara Regional Council, the Regional Waste Management Plan was accepted and endorsed.

It is now presented to Council for consideration and acceptance, if considered appropriate.

Background In February 2006, the Pilbara Regional Council (PRC) resolved to develop a regional waste management strategy for the Pilbara region.

The project has been funded with contributions from the PRC 2006/07 Budget, a Pilbara Development Commission Grant and through industry contributions from BHP Billiton, Rio Tinto () and Woodside.

The project was initiated for the following reasons:

• The need to better plan for the management and development of each of the four Council’s landfill sites recreation assets • The need to identify opportunities for the sustainable recycling and/or re-use of materials within the Pilbara Region • The recognition that local authorities have a growing role to play in reducing the quantum of waste disposed of to landfill • The desire by the public to have increased recycling services available in the Pilbara Region • The impact of poor waste management on the Region’s tourism industry

AGENDA – ORDINARY MEETING OF COUNCIL 8 16 October 2007

Cardno BSD was awarded the contract to review the waste management practices in the Pilbara and to develop a Regional Waste Management Plan (RWMP) that would provide a framework for the management of solid waste in the Pilbara Region over the next 10 years.

Comment The Department of Environment and Conservation (DEC), resource companies (BHP Billiton, Rio Tinto and Woodside), community volunteer representatives, waste management and recycling companies, and WALGA have been consulted during the development of the Regional Waste Management Plan and were invited to provide comment on the draft version of the Plan.

Generally speaking the Regional Waste Management Plan has been well received and DEC invited the Executive Officer to give a presentation on the development of the Plan at the recent State Waste and Recycling Conference. Cardno BSD (Ms Megan Haines) gave a separate presentation regarding the Plan to the Young Waste Management Professionals during the same Conference.

Cardno BSD has completed the Plan as requested with one minor exception. The recommendations within the Plan have not been regrouped and listed by action addressee. This requirement was not specifically stated in the Request for Tender or contract. This was a request made at the last workshop and Cardno BSD did not complete this request due to time constraints.

The PRC’s Executive Officer, proposed to undertake this task, however, for the reasons outlined in his attached report, he did not complete this procedure. ATTACHMENT 10.10.24

The Plan has found that undertaking recycling in the Pilbara is possible providing the entire community – people, industry and governments commit to the Plan and work cooperatively to implement the Plan and share the costs. This is a prerequisite of the Plan.

The Regional Waste Management Plan is a good plan overall and is making a number of recommendations. The Plan itself is Part 5 of the document (previously circulated). Cardno BSD has identified stakeholders for each recommendation. Most importantly Cardno BSD has identified the need for recycling to be coordinated and that a coordination management position be established.

Recommendations of most interest to the Shire of Ashburton include;

Gate-fees Gate-fees need to be set to ensure: • whole of life costs are covered • recycling (separated wastes) is encouraged • disposal costs for hazardous, controlled or difficult wastes are recovered • there is co-ordination throughout the region If there is likely to be a shortfall in the recovery of whole of life costs from the gate fee revenue, the amount must be quantified and alternative funding sources identified.

AGENDA – ORDINARY MEETING OF COUNCIL 9 16 October 2007

Whole of Life costs Landfill site selection, establishment, operation, closure and monitoring costs must be calculated and used to develop the facilities gate-fee structure. A closure fund should be established for each site and a proportion of the gate-fee revenue must be paid into the fund to avoid a financial liability in the future for the member Councils and rate payers.

Compactors The compaction rates achieved at a landfill are directly linked to the operational life of the site. Significant annual savings and increased operational life could be made at the larger sites if a landfill compactor was used.

Transfer Stations Small unmanned landfills present an unquantifiable risk; therefore transfer stations should be established at Marble Bar, Nullagine and possibly Paraburdoo and the waste collected would be transported to the nearest manned landfill site.

Public access to the tipping face at manned sites should be prevented by establishing transfer stations (Inc. weighbridges) close to the site’s gatehouse. This would reduce the public liability issue and encourage recycling.

Recyclables Collection Systems Implement a drop-off system for domestic recyclables. However a detailed feasibility study is required before committing to implementation

Green waste Member Councils should purchase a green waste shredder to be rotated around the landfills.

Tyres Member Councils should purchase a mobile tyre baler and store baled tyres in monocells (for future reprocessing). Member Councils to agree a levy to be charge for the disposal of tyres at landfills

(Non-domestic) Metals Currently the most profitable waste stream recycled in the region – future viability uncertain Member Councils should encourage site staff to separate metals (into types), then transport to central ‘hubs’. Recycling co-ordinator to arrange for recyclers to visit ‘hubs’ with shredders / balers to maximise efficiency and prices received

Oil Drums Cleaning facilities to be established at all large landfill sites, common pricing to receive drums established, drums containing unknown / toxic material should be re-directed to appropriate disposal facilities and records kept. Strategy to be communicated to industry prior to implementation.

The plan presents a structured and holistic approach to waste management in the Pilbara and encourages cooperation and resource sharing amongst the member Councils.

AGENDA – ORDINARY MEETING OF COUNCIL 10 16 October 2007

It presents a number of possible challenges to the Shire including the establishment of manned transfer stations in Onslow and Paraburdoo and introduction of gate fees.

The recommendations within the report, if largely implemented, will bring the Shire in line with current, acceptable waste management practices.

A copy of the plan is attached.

ATTACHMENT 10.10.24a

Consultation CEO Pilbara Regional Council CARDNO BSD

Statutory Environment Environmental Protection (EP) Act 1986.

Policy Implications There are no policy implications relative to this issue.

Financial Implications There will be increased costs incurred in the implementation which are yet to be quantified. Costs will be offset to a degree by gate fees and greater efficiencies.

Strategic Implications Ecological Sustainability and Environmental Management Review and implement a Waste Management Plan

Voting Requirement Simple Majority Required

Officers Recommendation

That Council accepts and endorses the Pilbara Regional Council Regional Waste Management Plan.

AGENDA – ORDINARY MEETING OF COUNCIL 11 16 October 2007

10.10.25 REQUEST FOR TENDER 12/07 SUPPLY OF (1) ONE MOTOR GRADER

FILE REFERENCE: AS.TE 12/07

AUTHOR’S NAME AND Jeff Breen POSITION: Executive Manager Engineering Services

NAME OF APPLICANT/ Not applicable RESPONDENT:

DATE REPORT WRITTEN: 3 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not applicable REFERENCE:

Summary Tenders for the Supply of One (1) Motor Grader closed on Friday 28 th September 2007 at 4pm.

Tenders were opened on Tuesday, 2 nd October 2007. Four tenders were received that were conforming.

Background The Shire of Ashburton maintains 2800km of roads and owns only one grader. Even with the use of contractors for maintenance grading there is often a shortfall of machinery to adequately maintain roads to an acceptable level of service. Grading when the optimum conditions are present will result in a better standard of road and resources are stretched during tourist season particularly in and around the National Parks. Therefore tenders were called for the supply of one (1) motor grader purchase only.

Comment At the time of the Tender closing four Tenders from three Tenderers were received for the supply of one (1) motor grader.

Tenderer Grader Type Price (ex GST) Hitachi John Deere 670D $306,000.00

Westrac CAT Caterpillar 12H $332,105 plus delivery and licence CJD Equipment Volvo G930 $307,000.00

CJD Equipment Volvo G940 $330,000.00

AGENDA – ORDINARY MEETING OF COUNCIL 12 16 October 2007

All machines tendered are of exceptional quality and would provide the required service. The tender documentation provided by all Tenderers was of a high standard.

Tenders were assessed by the Executive Manager Engineering Services and Supervisor Plant Maintenance.

The basis for assessment was;

Net Price 50% weighting

Non Price Items 50% Weighting Service 40% Mechanicals (motor, transmission) 30% Warranty 15% Delivery time 15%

Tenderer $ (in ascending Tenderer order) Normalised Price 1. Hitachi $306,000.00 10 2. CJD Equipment $307,000.00 9.97 3. CJD Equipment $330,000.00 9.27 4. Westrac CAT $332,105.50 9.05

WEIGHT Tender Tender Tender Tender 1 2 3 4 Service 40% 3.6 2.0 2.0 3.2 Mechanicals 30% 2.4 2.25 2.25 2.7 Warranty 15% 1.0 1.0 1.0 1.35 Delivery 15% 1.0 1.2 1.2 1.0 Non-Price Attributes 8 6.45 6.45 8.25 NORMALISED NON PRICE 9.7 7.8 7.8 10 WEIGHTED NON PRICE 50% 4.85 3.9 3.9 5

NORMALISED PRICE 10 9.97 9.27 9.05 WEIGHTED PRICE 50% 5 4.94 4.94 4.53

TOTALS 9.85 8.84 8.84 9.53

AGENDA – ORDINARY MEETING OF COUNCIL 13 16 October 2007

The Volvo graders provide excellent value for money for the size and sophistication of machines offered, however, in the working environment of the Shire of Ashburton service and reliability are extremely important.

Caterpillar graders are also of excellent quality and have the highest non price attributes score but are the most expensive.

I don’t believe that the price difference between the Caterpillar 12H and John Deere 670D graders can be justified in terms of increased productivity or resale value.

Hitachi, the supplier of John Deere, is adjacent to the Tom Price Depot and servicing of the Shire’s current John Deere grader is excellent. Purchasing a second John Deere grader will assist with maintaining the current service provided locally by Hitachi.

The purchase price of $306,000 plus GST is within the budgeted amount of $345,000.

Consultation Executive Manager Engineering Services Supervisor Plant Maintenance

Statutory Environment S.3.57 Local Government Act 1995 and Part 4 Local Government Act (Functions and General) Regulations 1996

Policy Implications There are no policy implications relative to this issue.

Financial Implications The purchase of one motor grader falls within the allocated budgeted amount of $345,000.

Strategic Implications There are no known strategic implications relative to this issue.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council accepts the tender offer for 12/07 Supply of One (1) Motor Grader by Hitachi for $336,600.00 inc GST.

AGENDA – ORDINARY MEETING OF COUNCIL 14 16 October 2007

10.10.26 REQUEST FOR TENDER 11/07 PROVISION OF SIDE-LOADING REFUSE COMPACTOR TRUCK

FILE REFERENCE: AS.TE.11.07

AUTHOR’S NAME AND Jeff Breen POSITION: Executive Manager Engineering Services

NAME OF APPLICANT/ Not Applicable RESPONDENT:

DATE REPORT WRITTEN: 2 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary Tenders for the Provision of a Side-Loading Refuse Compactor Truck (RFT11/07) closed on Friday 21 st September 2007 at 4pm.

Six tenders were received two of which did not address the fundamental Request for Tender (RFT) requirements. The other four tenders conformed to the requirements of the tender documentation.

Background Tenders were advertised for provision of a side-loading refuse compactor truck as described in the 2007-08 Budget, to replace the present rubbish truck, which will be traded as part of the tender.

Comment At the time of the Tender closing six Tenders were received.

Four Tenders satisfied the requirements of the RFT and two did not. Non-conforming Tenders were acceptable under the conditions of the RFT however the basic requirement of the RFT was the Provision of Side-Loading Refuse Compactor Truck.

One Tender was for the purchase only of the current Shire compactor truck and one Tender was for the provision of the compactor only. These two tenders were therefore deemed to be non-compliant with the RFT.

AGENDA – ORDINARY MEETING OF COUNCIL 15 16 October 2007

TENDERER OFFER PRICE EX TRADE INC NET PRICE EX GST GST GST WA Hino HINO Ranger Pro 10 $270,392 $35,000 $238,574 Truck McDonald Johnston Compactor

Purcher Iveco ACCO $281,000 $22000 $261,000 International 2350G/260 Truck McDonald Johnston Compactor

Major Motors Isuzu FVD 950 HD $296,080 $30000 $268,807 Option 1 Auto truck Waste Master Compactor

Skipper Trucks Iveco 2350G/260 $288400 $18,000 $272,036 Truck McDonald Johnston Compactor

Major Motors Isuzu FVD 950 HD $310290 $30000 $283,017 Option 2 Auto truck McDonald Johnston Compactor

Wastemaster Compactor only Non- conforming Brigold Pty Ltd Purchase of current Non- truck and compactor conforming only

Tenders were assessed by Executive Manager Engineering Services and Supervisor Plant Maintenance.

The basis for assessment was;

Net Price 50% weighting

Non Price Items 50% Weighting Service 40% Mechanicals (motor, transmission) 30% Warranty 15% Delivery time 15% AGENDA – ORDINARY MEETING OF COUNCIL 16 16 October 2007

Tenderer $ (in ascending Tenderer order) Normalised Price 1. WA Hino $238,574 10 2. Purcher $261,000 International 9.1 3. Major Motors $268,807 Option 1 8.9 4. Skipper Trucks $272,036 8.8 5. Major Motors $283,017 Option 2 8.4

WEIGHT Tender Tender Tender Tender Tender 1 2 3 4 5 Service 40% 2.4 1.6 2.4 3.3 2.4 Mechanicals 30% 1.8 2.7 1.8 2.7 2.1 Warranty 15% 0.9 0.6 0.9 0.6 0.9 Delivery 15% 1.2 0.9 0.9 0.3 0.9 Non-Price Attributes 6.3 5.8 6 6.9 6.3 NORMALISED NON PRICE 9.1 8.4 8.7 10 9.1 WEIGHTED NON PRICE 50% 4.55 4.2 4.35 5 4.55

NORMALISED PRICE 10 9.1 8.9 8.8 8.4 WEIGHTED PRICE 50% 5 4.55 4.45 4.4 4.2

TOTALS 9.55 8.75 8.8 9.4 8.75

Comments on Non Price Items

In regards to service, Skipper rated highest due to the existing relationship with them and Purcher was lower as based in Geraldton however overnight delivery is problematic.

In regards to the mechanicals, Iveco/McDonald Johnston combinations offered by Skipper and Purcher are proven high quality performers, HINO is of lesser power than others. Subsequent consultation with HINO owners reveals that no problems have been encountered.

In regards to warranties, these vary from between two to three years and were scored accordingly.

In regards to delivery, these varied from 12 to 30 weeks. HINO estimates 12 to 16 weeks and Skipper estimates 28 to 30 weeks and were scored accordingly.

On this assessment basis the recommended tender is WA HINO. The WA HINO tendered price is within the budgeted amount of a net $260,000

AGENDA – ORDINARY MEETING OF COUNCIL 17 16 October 2007

Consultation Chief Executive Officer Supervisor Plant Maintenance

Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996.

Policy Implications There are no policy implications relative to this issue.

Financial Implications The purchase of the refuse truck falls within the budgeted amount of $260,000.

Strategic Implications There are no strategic implications relative to this issue.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council 1. Accepts the tender from WA HINO for the supply of a HINO truck fitted with a McDonald Johnston Side-Loading Refuse Compactor as specified in their RFT 11/07 for the amount of $270,392 ex GST.

2. Accepts the tender from HINO WA for the purchase of Council’s existing ACCO Side- Loading Refuse Compactor Truck as specified in their RFT 11/07 for the amount of $35,000 inc GST.

AGENDA – ORDINARY MEETING OF COUNCIL 18 16 October 2007

10.10.27 ENGINEERING SERVICES DECISION STATUS REPORT

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref.

1 09/07 10.09.22 Paraburdoo Refuse That Council approve the staffing of the Paraburdoo Tip and Ongoing Disposal restricting the opening times to Operational the following Changes • 7:30am – 3:30pm Tuesday to Saturday • 7:30am – 12:30pm Sunday • Closed Monday and Public Holidays for a trial period of up to three months.

2 07/07 10.07.18 Ashburton/Roebour That Council; Finalised ne Partnerships 1. Supports the Ashburton/Roebourne Regional Partnership Agreement

Agreement Partnership Agreement and agrees to its signed by CEO in signing. Roebourne on 4th 2. Appoints Mr Jeff Breen, Executive Manager October 2007. Engineering Services, as the Shire of . Ashburton, Ashburton/Roebourne Regional Partnership Committee representative.

3 07/07 10.07.19 Residential Land That Council approves the staged development and sale of Ongoing Development – residential land in Tom Price as generally outlined in the report, Met with DPI and Tom Price subject to the costing of the project being incorporated into the surveyors. Awaiting Shire’s budget for the 2007/08 financial year. information fro PI re service extensions.

4 06/07 10.06.15 Memorandum of That Council; Ongoing Understanding – 1. Approves the Memorandum of Understanding Approved at June 07 National Park between the Shire of Ashburton and Department of Council meeting. Roads Environment and Conservation for the continued Awaiting formal sign off. development of 'project based' activities that AGENDA – ORDINARY MEETING OF COUNCIL 19 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref.

conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Millstream Chichester National Park. Approves the Memorandum of Understanding between the Shire of Ashburton and Department of Environment and Conservation for the continued development of 'project based' activities that conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Karijini National Park. 5 06/07 10.06.16 Yampire Gorge That Council Ongoing Road – Temporary 1. After considering the submissions received, proceed Initial closure process Road Closure with the closure of vehicle traffic to part of Yampire complete. Signage Gorge Road defined as being three (3) kilometers north ordered. of the Banjima Drive intersection and extending to ten (10) kilometers south of the Nanutarra Munjina Road in Remaining sections accordance with Section 3.50 of the Local Government closure in progress. Act 1995, for a period of eighteen (18) months. Report to Council for 2. That Council instruct EMES to place signage to this November meeting to effect, with advice from Main Roads Pilbara Region. formalise. 3. That EMES notify DEC Local emergency authorities, and LGIS as to the continued closure of the road. 4. Commence the process for closing the two remaining sections for a period to coincide with the current 18 months.

6 05/07 10.05.12 Millstream Link That Council; Ongoing. Road Construction 1. Directs the CEO to lobby appropriate State and Federal – Consequences Members of Parliament requesting that the Shire of Radio interview given for SOA Ashburton be favourably considered for the allocation of additional roads funding amounting to $3.4 million in the Press release prepared 07/08 and 08/09 financial years to allow the upgrade of Letter highlighting funding the referenced roads and thereby ensure the issues forwarded to minimisation of risk to the travelling public without undue relevant State Ministers financial burden (or possible litigation) being placed on and politicians. the Shire and its ratepayers. Details of issues faced by AGENDA – ORDINARY MEETING OF COUNCIL 20 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref.

2. Directs the CEO to make relevant media releases SOA presented to Warlu regarding this issue. Way Working Group.

7 05/07 10.05.13 Proposed Sale of That Council; Ongoing Land – Lot 308 1. Directs the EMES to carry out a preliminary subdivision Preliminary Design work Boonderoo Road, design for the vacant Lot 308 Boonderoo Rd land owned being undertaken Tom Price by the Shire. Met with DPI and surveyors. 2. Directs the EMES to seek a valuation of the proposed Awaiting advice from PI subdivision and prepare a detailed cost estimate for all re extension of works including survey, design and construction. Boonderoo Rd.

Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender 8 04/07 10.04.07 Relocation of 1. That the new Onslow Landfill Site be located adjacent to Ongoing Onslow Landfill Onslow Road, 17km from Onslow as identified as Site 3 by Met with DPI re land the consultant, Sinclair Knight Mertz in its report titled tenure, Heritage survey to ‘Onslow Landfill Options’ subject to environmental approvals be conducted in October. being forthcoming. 2. That following relevant approvals being obtained for Site 3, Site visit with consultants the site be used as the new Onslow Landfill Site. Further, a SKM carried out in transfer station be established on the existing landfill site in September and site Eagle NestRd following closure and rehabilitation of that site. identified. 3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design. 9 12/06 10.12.26 Closure of That Council Ongoing Dedicated Road (a) Agreed the closure of the Road No.1009 – Red Hill to Mt Process completed. No. 1009 – Red Hill Stuart Road Responses sent to DPI. to Mt Stuart (b) Directs the EMES to advertise the proposed closure in Awaiting final accordance with the Land Administration Act 1997, confirmation before Section 58, and report back to Council. proceeding with signage and closure measures. Awaiting DPI finalisation. AGENDA – ORDINARY MEETING OF COUNCIL 21 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref.

10 07/05 10.07.757 Closure of That Council in accordance with Section 58 of the Land Ongoing dedicated road no. Administration Act 1997, request the Minister for Lands to close Process completed. 1718 – Hamersley the section of road reserve No. 1718 as described in the Responses sent to DPI. Station to Rocklea Government Gazette dated 18 December 1903, west of the Tom Awaiting final Station Price-Paraburdoo Road. confirmation before proceeding with signage and closure measures. Awaiting DPI finalisation. 11 12/03 10.12.711 Proposed Road The Council advise Robe River Mining Company Pty Ltd that it Ongoing Closure Yarraloola supports, ‘In Principle’ the closure of Yarraloola – Millstream – Millstream Road Road, in accordance with the attached plan (Appendix Meeting held with Rio MI.MESJ 10.12.711), subject to the following matters being met to the Tinto to restart process. MDS satisfaction of the Council. Company to finalise Robe River Mining Company Pty Ltd being responsible for all community consultation. costs associated with obtaining necessary approvals and Company has agreed to undertaking the necessary works at each end of the closure. make $80,000 These costs are to include any reinstatement work, as well as contribution to associated advisory signage, deemed necessary, or desirable, by Council. roadworks. Further discussions taking place between Robe River Mining Invoice has been sent to Company Pty Ltd, the Shire and other relevant parties, in order Riotinto. to establish the most appropriate location of the western closure, having regard to interests of the Pannawonica and Indigenous communities. Robe River agreeing to make a contribution towards the maintenance or improvement of the newly aligned Pannawonica – Millstream Road. 12 04/03 10.04.686 Maroonah Road That Council advise the Department of Land Administration that Ongoing South – Road Ministerial approval is sought for the permanent closure of the Reservation disused Maroonah South Road Reserve. Proposed closure was Closure advertised 11/1/03; no submissions received.

Awaiting confirmation from DPI re:road status

See below 13 12/02 10.12.266 Maroonah Road Approves the use of road trains along Towera Road, and Ongoing Dedicated Maroonah Road to access Dodsley Pty Ltd mine site; subject to Alignment the mining company being responsible for the ongoing Dodsley Pty Ltd AGENDA – ORDINARY MEETING OF COUNCIL 22 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref.

MES maintenance of the road during the period of operation. contributed $22,000 in Advertises the proposed closure of the disused gazetted road 2002 to road realignment number 8475 south east of Maroonah Station; and around Station. Money Seeks the Ministers approval for the dedication of the new road has been budgeted to be alignment around Maroonah Station and south east to the returned in 2007-08 as Dodsley Pty Ltd mine site. works are not necessary. Dodsley Pty Ltd Principal has been contacted. Station owner/lessee to be contacted to confirm.

AGENDA – ORDINARY MEETING OF COUNCIL 23 16 October 2007

11.10.0 COMMUNITY SERVICES REPORTS

11.10.12 MOSAIC ART PROGRAM PARABURDOO

FILE REFERENCE: CS.CS.2

AUTHOR’S NAME AND Brooke Shields POSITION: Executive Assistant CEO

NAME OF APPLICANT/ Alana Simpson RESPONDENT:

DATE REPORT WRITTEN: 09 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Presentation Ordinary Meeting of Council 18 REFERENCE: September 2007.

Summary At the Ordinary meeting of Council held in Paraburdoo on the 18 September 2007, Alana Simpson made a presentation in relation to a Mosaic Art Program for Paraburdoo that she is seeking Council support for.

Background Alana Simpson, presented a proposal to the September 2007 Council meeting to commence a mosaic art project in Paraburdoo. A copy of a submissions accompanying the presentation is attached.

ATTACHMENT 11.10.12

In conjunction with the Friendship for Families group which started in 2004, the idea is to create a community garden with mosaic pavers, that will be, created by members of the community. This will be a significant town beautification and town pride project.

The project aims to • Promote positives of life in Paraburdoo through art. • Have opportunities for skill and capacity development. • Promote partnerships between the community, parents, shire, local and other artists, sporting groups, community groups. • Create an opportunity for public and community recognition of the role of arts and culture in Paraburdoo and create a mosaic garden. • Promote the values of community empowerment, social inclusion, respect for diversity and self determination. AGENDA – ORDINARY MEETING OF COUNCIL 24 16 October 2007

• Create links between people, places, community groups and resources and improve access to the community by people who might otherwise not participate.

The Department for Communities, Friendship for Families and the Karingal Neighbourhood Centre have all expressed their interest and support in the project.

Comment The project is anticipated to take a year to create with an estimated budget of $5,000 to get the process started using 150 pavers which includes tiles, glue, grout and tools.

Alana Simpson has asked Council if they would contribute $5,000 as the initial start up cost of the community project in Paraburdoo.

The idea of the project does not have to be limited to Paraburdoo but the Shire will be in a position to look at similar projects in Onslow, Pannawonica and Tom Price if it is shown to be a success and cost beneficial. It is in this context that the author is recommending that Council support the project and allocate the funds available for the project to commence.

Consultation Chief Executive Officer Cr Linton Rumble, Paraburdoo Ward

Statutory Environment There are no statutory implications relative to this issue.

Policy Implications There are no policy implications relative to this issue.

Financial Implications $5,000 has not been incorporated in the 2007/08 budget.

Strategic Implications Strategic Plan 2004-09 Key Result Area – Best Practice Local Government

Voting Requirement Absolute Majority Required

Officers Recommendation

That Council contribute $5,000 to the Mosaic Art Program in Paraburdoo.

AGENDA – ORDINARY MEETING OF COUNCIL 25 16 October 2007

11.10.13 COMMUNITY SERVICES DECISION STATUS REPORT

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy) Ref. • 08/07 11.08.09 Expressions of interest That Council Ongoing reserve 39204 Tom Price a) Invite expressions of interest from persons or Applicants advised of community groups interested in entering into a Council’s decision. Awaiting License Agreement to occupy Reserve 39204 comment from DPI in regards b) That any proponent be required to seek to Management of Reserve necessary approvals and site clearance as part and restrictions. of their expressions of interest. • 03/07 11.03.03 Tom Price Aquatic Centre That Council appoint Jill Powell & Associates to undertake Ongoing Feasibility Study a Needs Assessment and Feasibility Study for the Tom Feasability and concept plan Price Aquatic Centre subject to confirmation from the completed. Funding Department of Sport and Recreation. applications prepared for PDC and PAAC.RFM preparing for Sport and REC • 12/05 11.12.364 Sports Pavilion Tom Price That Council invites Expressions of Interest from Ongoing – Expression To Lease Community and Sporting Clubs interested in entering into a Panthers Football Club is to License Agreement to occupy the Tom Price Sports prepare a business plan to Pavilion situated on Reserve 42659. present to Council. Panthers advised in writing that they have till 30 September to submit business plan to ensure their expression of interest remains valid. No Plan has been received and therefore new expressions of interest are to be called for • 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Ongoing Committee for the establishment of a Tom Price Entry Responsibility for progressing Statement on Mine Road Tom Price, and wishes to matter was taken over by consider further options for the Entry Statement as these committee of Tom Price may relate to location and the nature of the structure. Business Association. TPBA is awaiting designs from Sculptor. • 12/05 11.12.369 Tom Price Area W Civic That Council: Ongoing Centre 1. Include $40,000 for consideration in the 2006/07 A full study and business plan draft budget for repairs to the Area W Civic Centre subject is being prepared by the to successful grant funding being obtained by the Activity Group and they have Children’s Activity Centre Group. been advised that $40,000 AGENDA – ORDINARY MEETING OF COUNCIL 26 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy) 2. Include $5,000 in the 2006/07 draft budget for has been included for Council consideration as a donation towards operational costs by consideration in the 2007/08 the Children’s Activity Centre Group provided they budget and that a 10 year undertake cleaning of the toilets when utilized by netball licence would be proposed. and basketball. Business plan not finalised as 3. Meet the cost of water at the Area W Civic Centre yet. CMSO to be utilised as and include this clause in the draft licence agreement. future contact regarding this. • 12/05 11.12.371 Tom Price Transit House – That Council grant approval for the development of a native Ongoing Water Wise Garden water wise efficient garden at 498 Sirus Street, Tom Price, No progress has been subject to final costing and design being presented to the achieved in relation to this CEO and Acting Executive Manager Engineering Services. matter. Shire admin to consider its own independent plan.

AGENDA – ORDINARY MEETING OF COUNCIL 27 16 October 2007

12.10.0 CORPORATE SERVICES REPORTS 12.10.64 RECEIPT OF FINANCIAL REPORT AND SCHEDULE OF ACCOUNTS

FILE REFERENCE: FI.RE

AUTHOR’S NAME AND Sue O’Toole POSITION: Executive Manager Corporate Services

NAME OF APPLICANT/ Not Applicable RESPONDENT:

DATE REPORT WRITTEN: 03 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this item INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary Monthly Financial report for the month of September 2007 is presented to Council.

Background Not Applicable

Comment The Financial Report and Schedule of Accounts for the month of September 2007 is presented to Council as per attachments. ATTACHMENT 12.10.64 Financial Report ATTACHMENT 12.10.64 Cheque Listing

Consultation Executive Manager Corporate Services

Statutory Environment A local government is to prepare each month a Statement of Financial Activity as provided for in the Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government (Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation 35 repealed in Gazette 31 March 2005).

Policy Implications There are no Council Policies relevant to this issue

AGENDA – ORDINARY MEETING OF COUNCIL 28 16 October 2007

Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis.

Strategic Implications There are no strategic implications relevant to this issue

Voting Requirement Simple Majority Required

Officers Recommendation

That Council

1. Receive the Schedule of Accounts for September 2007 2. Receive the Financial Report for September 2007

AGENDA – ORDINARY MEETING OF COUNCIL 29 16 October 2007

12.10.65 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS

AUTHOR’S NAME AND Brooke Shields POSITION: Executive Assistant to Chief Executive Officer

NAME OF APPLICANT/ Not Applicable RESPONDENT:

DATE REPORT WRITTEN: 03 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal.

Comment The Common Seal has been affixed to the following since 28 September 2007.

Seal 243 Recreational Boating Facilities Scheme Funding Agreement x2 Seal 244 Tenancy Agreement Lot 654 Second Avenue, Onslow “Carinya Units” x1.

Consultation Chief Executive Officer Executive Manager Corporate Services

Statutory Environment Section 9.49 of the Local Government Act 1995 .

Policy Implications There are no specific policy implications related to this issue. Financial Implications There are no specific financial implications related to this issue.

AGENDA – ORDINARY MEETING OF COUNCIL 30 16 October 2007

Strategic Implications Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound financial management and reporting systems”.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council note the contents of this report.

AGENDA – ORDINARY MEETING OF COUNCIL 31 16 October 2007

12.10.66 PROPOSED CHRISTMAS / NEW YEAR ARRANGEMENTS 2007/2008

FILE REFERENCE: OR.CI.1

AUTHOR’S NAME AND Michelle Fitzpatrick POSITION: Administration Manager

NAME OF APPLICANT/ Not Applicable RESPONDENT:

DATE REPORT WRITTEN: 4 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary

Council is asked to endorse the closure of Shire Offices for the period Friday 21 December 2007 to Wednesday 2 January 2008.

Background In the past Council has been in the practice of closing its offices for the Christmas and New Year period. This report is to inform Council of the proposed closure dates and facilitate advertising office arrangements over the Christmas period to the public.

Comment

Office Arrangements Approval is sought for the closure of the offices in the various towns of the Shire for the period from the end of business on Friday 21 December 2007 until the opening of business on 2 January 2008 It is also requested that Offices be allowed to close at 2.00pm on Friday 21 December.

Experience over the past years has indicated that there is little requirement for administrative staff assistance over the Christmas/New Year period from the general public. In any event, suitable after hour contact numbers will be made available to the general public.

In previous years staff have been given the option of working the normal work days between Christmas and New Year. It is suggested that staff be given the option again this year. Approval to do this would need to be sought from their Manager. Customer service officers could perform other office related duties on those days. Staff that elect to take this time off will be required to take it as Annual Leave or Leave without Pay.

AGENDA – ORDINARY MEETING OF COUNCIL 32 16 October 2007

Rubbish Collections Eastern Sector and Western Sectors Bin collections will vary from the normal collection dates; the disruption to the service will be minimal. The timetable is as follows:

Christmas Service

Monday 24/12/07

Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow (Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday)

Tuesday 25/12/07 No Rubbish Collections due to Public Holiday

Wednesday 26/12/07 No Rubbish Collections due to Public Holiday

Thursday 27/12/07 Domestic Run - Tom Price (Tom Price is usually Wednesday) Industrial Run - Paraburdoo and Tom Price

Friday 28/12/07 Domestic Run - Tom Price Area W (Tom Price Area W is usually Thursday) Industrial Run - Tom Price

New Year Service

Monday 31/12/07 Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow (Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday)

Tuesday 1/01/08 No Rubbish Collections due to Public Holiday

Wednesday 2/01/08 Services return to normal

The Tip will be closed on Public Holidays from 25 December to 26 December 2007 and 1 January to 2 January 2008 (inclusive).

AGENDA – ORDINARY MEETING OF COUNCIL 33 16 October 2007

Swimming Pool Closure Experience over the past years has indicated that there is little requirement for the pools to be open over the Christmas/New Year period. This is based on the information received from the Pool Manager and is based on the previous year’s general public attendance records. Records indicate the attendance was fewer than 30 people each of the days in between the previous Christmas and New Year periods.

The recommendation is to close both the Tom Price and Paraburdoo pools from the 21 December 2007 at 2.00pm to 2 January 2008.

Statutory Environment Section 2.7 and 3.1 of the Local Government Act 1995 .

Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue.

Strategic Implications There are no strategic implications relative to this issue.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council

1. Note the closure of the office’s in Tom Price, Paraburdoo, Pannawonica and Onslow for the period Friday 21 December 2007 to 2 January 2008. 2. Note the closure of the office’s at 2pm on Friday 21 December 2007. 3. Note the closure of the Paraburdoo and Tom Price Pools for the period 21 December 2007 to 2 January 2008. 4. Note the changes to the rubbish collection schedules as follows:

Monday 24/12/07 Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow (Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday)

Tuesday 25/12/07 No Rubbish Collections due to Public Holiday

Wednesday 26/12/07 No Rubbish Collections due to Public Holiday

AGENDA – ORDINARY MEETING OF COUNCIL 34 16 October 2007

Thursday 27/12/07 Domestic Run - Tom Price (Tom Price is usually Wednesday) Industrial Run - Paraburdoo and Tom Price

Friday 28/12/07 Domestic Run - Tom Price Area W (Tom Price Area W is usually Thursday) Industrial Run - Tom Price

New Year Service

Monday 31/12/07 Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow (Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday)

Tuesday 1/01/08 No Rubbish Collections due to Public Holiday

Wednesday 2/01/08 Services return to normal

The Tip will be closed on Public Holidays from 25 December to 26 December and 1 January to 2 January (inclusive).

AGENDA – ORDINARY MEETING OF COUNCIL 35 16 October 2007

12.10.67 COUNCIL CHRISTMAS FUNCTIONS ARRANGEMENTS FOR 2007

FILE REFERENCE: CS.CE

AUTHOR’S NAME AND Michelle Fitzpatrick POSITION: Administration Manager

NAME OF APPLICANT/ Not Applicable RESPONDENT:

DATE REPORT WRITTEN: 3 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary Approval is sought for Christmas functions to be held for Councillors, Council staff and families in Pannawonica and Onslow on 1 December 2007 and Tom Price on 14 December 2007.

Background In recognition of the work Councillors and staff perform over the year, Council in the past has organized Christmas function’s for Councillors, staff and their families.

Comment It is proposed to hold the Onslow/Pannawonica function on Saturday 1 December 2007. Staff from Pannawonica will be invited to attend the function to be held at Onslow Sun Chalets Pool. The Transit House accommodation will be made available for them due to the distance.

It is proposed to hold the Tom Price/Paraburdoo Christmas function on Friday, 14 December 2007. Staff from Paraburdoo will be invited to attend the function to be held at Tom Price Pool. The Transit House accommodation will be made available for them due to the distance.

It is proposed to have roast meats with assorted salads and rolls.

At this stage, it is difficult to identify an exact figure for expenditure on the functions, as the number of attendees is yet to be confirmed. However, based on attendance of 150 people, made up of Councillors, staff and families at both functions, and estimating $30 per head for food and drinks, expenditure is estimated to be $4500.00.

It is unfortunate, but a reality of the size and shape of the Shire, it becomes unrealistic to hold a single function for all staff.

AGENDA – ORDINARY MEETING OF COUNCIL 36 16 October 2007

This year in particular, there is particular importance being attached to the Christmas functions, as they will be instrumental in promoting the Shire team and recognizing the service and loyalty of employees. In addition, there will be new staff members and this will be an opportunity to welcome them to the Shire and familiarize them with existing staff and councillors. The functions can be seen as an opportunity to round off the year and promote a positive outlook for the forthcoming year.

Statutory Environment There are no statutory implications relative to this issue.

Policy Implications There are no council policies relative to this issue.

Financial Implications Expenditure of approximately $4500.00 from the Refreshments and Receptions component of the 2007/2008 Budget.

Strategic Implications There are no strategic implications relative to this issue.

Voting Requirement Simple Majority Required

Officer Recommendation

That Council:

1. Notes the proposed dates of the Christmas functions for Onslow / Pannawonica for the 01 December 2007 and Tom Price / Paraburdoo on the 14 December 2007; and

2. Endorses the proposed expenditure of $4,500.00.

AGENDA – ORDINARY MEETING OF COUNCIL 37 16 October 2007

12.10.68 BILATERAL AGREEMENT ON INDIGENOUS AFFAIRS

FILE REFERENCE: CS.SP.4

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Pilbara Regional Council RESPONDENT:

DATE REPORT WRITTEN: 02 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Agenda Item 15.05.01 Ordinary meeting of Council REFERENCE: 22 May 2007.

Summary In 2006 the Commonwealth and State Governments signed a bilateral agreement in relation to the management of indigeneous settlements.

The agreement has the potential to impact on the Shire as a result of the two levels of government unilaterally deciding to transfer responsibility for providing municipal services to indigenous settlements to local government.

At its September 2007 meeting the Pilbara Regional Council (PRC) proposed that the four Pilbara Local Governments take a common approach to the issue.

Background Council, at its meeting on 22 May 2007, considered an agenda item in relation to the “Rating of Aboriginal Land / Charitable Organisations “ (Agenda Item 15.05.01).

While the report was primarily about a State Administrative Tribunal ruling that a pastoral station operated by a local indigenous population was exempt from rates because the “pastoral enterprise use is charitable because it serves the social, economic and traditional advancement of a clearly disadvantaged group”, the agenda report also referred to the 2006 Federal Government / WA State Bilateral Agreement on Indigenous Affairs.

ATTACHMENT 12.10.68

This agreement included a reference to transferring the responsibility for providing municipal services and the maintenance of community infrastructure in aboriginal communities to local government.

It was in this context that Council, resolved, in part, to “ (b)Direct the Chief Executive Officer to prepare a report to Council in

AGENDA – ORDINARY MEETING OF COUNCIL 38 16 October 2007

relation to the 2006 Federal Government / WA State Government Bilateral Agreement on Indigenous Affairs, and other related matters which impact on the Shire.”

This issue was, in fact, considered by the Pilbara Regional Council (PRC) at its 24 September 2007 meeting when it considered a response to a discussion paper on the Bilateral Agreement, prepared by The Sustainable Environmental Health and Infrastructure Senior Officer Group (SEHISOG), a copy of which is attached.

ATTACHMENT 12.10.68a

SEHISOG is a State Government committee, which includes WALGA as a local government representative.

Following its deliberations the PRC resolved to • endorse the attached response to the SEHISOG discussion paper • forward a letter outlining the PRC’s concerns to the Federal Minister for Indigenous Affairs, (Mr Mal Brough) • seek the support of WALGA and other local government representatives bodies; and • support the nomination of the PRC Executive Officer, Mr Adrian Ellson to WALGA’s indigenous Policy Forum, a committee formed to develop a co-ordinated response by Western Local Government to the Bilateral Agreement.

ATTACHMENT 12.10.68b

The PRC has now sought the support from the membership Council’s in relation to its resolution.

Comment Approximately 28 Western Australian local governments, including the four forming the PRC, have remote indigenous communities within them and are therefore impacted upon by the Bilateral Agreement signed by the Commonwealth and State Governments.

The agreement will result in responsibility for the maintenance of municipal services and infrastructure being assigned from the Commonwealth to the State Government. Further, the agreement identifies local government as the agency which can most efficiently provide these services.

This gives rise to a number of concerns from Local government’s perspective. The more major of these include

• The Commonwealth / State Government Bi Lateral Agreement was produced without any input from, or consultation, with local government. • While there is recognition in the agreement that municipal services can most efficiently be provided by local government, there is no actual definition of what municipal services are. This is particularly disturbing as the Commonwealth appears to attach a broader definition to these services than that traditionally adopted by local government.

AGENDA – ORDINARY MEETING OF COUNCIL 39 16 October 2007

• There is no clearly defined mechanism for funding local government. Of particular concern is the fact that while there is recognition that the existing systems have failed, it is implied that there may be even less funding available for the provision of services in the future. • There is no attempt to address the issue of the sustainability of existing settlements, when it is clear that many are not viable due to location, size and other factors. • The Commonwealth Government proposes to hand over it’s responsibilities to the State Government by 30 June 2008.

The implications of the Bi-lateral Agreement, as they relate to local governments, have been of particular concern to WALGA. As a result WALGA convened an information meeting/workshop of interested local governments during the recent Local Government Week, held in August 2007.

The author, together with Adrian Ellson, Executive Officer of the PRC, attended this meeting. At the meeting it became clear that the State Government was attempting to negotiate “fee for services” agreements with individual local governments, although no approaches have yet been made to any of the Pilbara councils.

The consensus of the meeting was that the interests of local governments would be best served by a collective approach to negotiations with the State Government and it is for this reason WALGA is proposing the creation of the WALGA Indigenous Policy Forum, a WALGA committee representing affected local governments.

Membership of the Policy Forum was considered at the recent PRC. The supporting report to the PRC Council noted

“The 2006 Bilateral Agreement on Indigenous Affairs will affect all four Member Councils, in terms of commitment and ability to deliver services within any financial assistance provided. Council needs to consider if it wants to nominate the PRC to be a member of the proposed Forum representing the member Councils, or if each Member Council should become a member of the Forum. Noting that there will most likely be direct costs associated with being a member of the Forum and additional internal costs associated with representatives attending Forum meetings. “

Following its deliberations the PRC Council resolved that it become a member of the proposed WALGA indigenous Policy Forum and that Adrian Ellson, EO of the PRC, become its nominated representative. Before actioning these decisions, however, it was considered appropriate that the support of the four individual Councils be sought.

The PRC’s approach to the issue is a logical approach, which, it is recommended Council support.

The implications of the Bi-lateral agreement to the Shire are potentially significant and to negotiate with the state on an individual basis is not ideal.

The PRC actively representing the region on the WALGA sponsored forum has the potential to

AGENDA – ORDINARY MEETING OF COUNCIL 40 16 October 2007 be more effective than individual Council representation, particularly, as the PRC’s proposed representative, Adrian Ellson, is a strong and knowledgeable advocate of the region’s position.

Consultation Pilbara Regional Council WALGA

Statutory Environment There are no statutory implications presently relevant to this matter. This situation may change, depending upon the State Government’s approach to implementing its responsibilities.

Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue. Costs associated with membership of the WALGA Indigenous Policy Forum will be met by the PRC, if Council supports the PRC proposal.

Strategic Implications Strategic Plan 2004-09 Key Result Area – Best Practice Local Government

Voting Requirement Simple Majority Required

Officers Recommendation.

That Council supports the Pilbara Regional Council’s resolution to

(a) become a member of the proposed WALGA Indigenous Policy Forum

(b) nominate Adrian Ellson, Executive Officer of the Pilbara Regional Council, as the PRC’s representative on the Forum

(c) submit the attached response ( Attachment 12.10.68b) to the SEHISOG Discussion Paper on the Bilateral Agreement on Indigenous Affairs.

AGENDA – ORDINARY MEETING OF COUNCIL 41 16 October 2007

12.10.69 DRAFT TOURISM POLICY – PILBARA REGIONAL COUNCIL

FILE REFERENCE: OR.IG.3.8

AUTHOR’S NAME AND Adrian Ellson, POSITION: Executive Officer, Pilbara Regional Council

NAME OF APPLICANT/ Pilbara Regional Council RESPONDENT:

DATE REPORT WRITTEN: 09 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary Kadar Pearson & Partners (KPP) have developed and presented to the Pilbara Regional Councl (PRC) at the Council’s meeting of 24th September 2007, a draft report that contains a draft Regional Tourism Plan. The PRC Council resolved that Member Council’s should be given the opportunity to review and comment on the draft Plan before it is finalized.

The Shire of Ashburton is requested to provide comment on the draft Regional Tourism Plan by 30 November 2007.

Background In 2006/07 and prior, the four Pilbara Councils’ directly contributed at least $750K to the sustainment of local tourism. The bulk of this money was directed to visitor servicing, with small amounts going to towards Australia North West Tourism Organisation for marketing campaigns and infrastructure development such as caravan parks, info bays, etc.

The Pilbara Regional Council (PRC) has been requested to undertake a holistic review of the four Pilbara Councils commitment and expenditure to the local tourist industry with the view to ensuring that each of the Councils’ are obtaining value for money for the resources being committed to and expended on tourism. This is to include a review of the roles and responsibilities of the key stakeholders in the local tourist industry.

The objective of this project is to confirm that the four Pilbara Councils’ commitment and expenditure to local tourism represents value for money in terms of the short, medium and long- term needs of the industry, and if not, how can the Councils better support the local tourist industry. The Project is also to confirm the roles and responsibilities of other key stakeholders regarding tourism in the Pilbara region in terms of visitor servicing, marketing and promotion, product development, infrastructure development, investment attraction, lobbying/advocacy, etc.

AGENDA – ORDINARY MEETING OF COUNCIL 42 16 October 2007

The PRC contracted Kadar Pearson and Partners (KPP) to undertake the holistic review and to develop a Regional Tourism Plan. In particular KPP was contracted, at minimum and in no specific order, to: • summarise current tourism demographics and markets as they relate to the Pilbara region as a whole and by each Shire; • provide an assessment on future tourism trends and markets for the Pilbara region as a whole and by each Shire in terms of opportunities, and service and facility requirements; • undertake a service gap analysis on existing tourism related infrastructure, markets and program delivery, and short, medium and long-term requirements at the Pilbara region and individual Shire levels; • review each Councils’ financial and in-kind support to the local and regional tourism industry; • review the roles, responsibilities and commitments (in-kind and financial) of key stakeholders within and associated with tourism in the Pilbara region in terms of, but not limited to, visitor servicing, marketing and promotion, product development, infrastructure development, investment attraction, lobbying/advocacy, etc; • assess each local governments contribution to Shire/Town Visitor Centres, ANWTO, Community Groups, events, tourist related infrastructure development, etc, and undertake a cost benefit analysis of this financial support; • review of the structures and operating cost of the Pilbara Visitor Centres and advise on the appropriateness of these structures in terms of effectiveness and efficiency; • identify key performance indicators (measures) to support Council ongoing contribution to key stakeholders within the local and regional tourist industry; • evaluate Council support to key stakeholders against the identified key performance indicators (measures) and comment on the relative effectiveness and efficiency of the support provided; • identify issues and solutions for PRC Council and the other Pilbara Councils consideration based on a short, medium and long term needs of the local tourist industry; • develop a regional tourism plan for the Pilbara region that encompasses all the Pilbara Councils and key stakeholders collectively and individually, and takes in to account the short, medium and long-term needs of tourism in the Pilbara region and each of the Shires; and • develop a strategy for implementing the regional tourism plan, including the identification of initial seed (/source) funding and Council on-going fiscal obligations over the short, medium and long-term.

KPP has developed and presented to the PRC at the Councils meeting of 24 th September 2007, a draft report that contains a draft Regional Tourism Plan. The PRC Council resolved that Member Councils should be given the opportunity to review and comment on the draft Plan before it is finalized. ATTACHMENT 12.10.69

AGENDA – ORDINARY MEETING OF COUNCIL 43 16 October 2007

Comment During the development of the Regional Tourism Plan, KPP requested data from each of the PRC Member Councils; however, the provision of this data by each of the Councils proved to be difficult to non-doable. This has impacted on the quality of the report and the extent of recommendations made.

The above said, KPP have done some excellent data collection and analysis work, and have identified that the tourist numbers being quoted by Tourism Australia, Tourism WA and Australia North West Tourism (ANWT) are significantly over stated. KPP have also identified a significant decline of tourism products within the Pilbara as a result of the boom within the resource and construction sectors and lack of transit accommodation within the Pilbara.

KPP make a number of recommendations but the most significant is the creation of a tourism coordinator to promote the development of tourism products within the Pilbara. This position would be funded by cutting grants/revenue to the Visitor Centre’s and ANWT.

The proposed implementation timelines are unrealistic and this has been pointed out to KPP. Member Councils are requested to ignore all timelines and focus on action items when reviewing and commenting on the draft Plan.

The PRC Executive Officer, Mr Adrian Ellson, key comments are: • the Regional Tourism Plan should identify ways to improve communication and coordination of effort between the Pilbara Visitor Centres, including the sharing of knowledge as appropriate; • Member Councils should continue to provide small grants to ANWT tied specifically to the advocacy and lobbying of State and Federal Government to facilitate and assist develop tourism products in the Pilbara; and • the Regional Tourism Plan needs to emphasize Tourism WA role in product development, lack of success in this area, and seek commitment to work with small business centres and local governments to facilitate the development of tourism products and to contribute to the funding of the tourism coordinators position.

The way forward is for the PRC to consolidate Member Councils’ comments early December 2007 and forward these to KPP, and for KPP to finalise the Regional Tourism Plan and present the final Plan to the PRC Council at its January 2008 meeting.

Consultation The CEOs from the PRC Member Councils have provided some initial feedback to KPP and parts of the draft Regional Tourism Plan have been updated to reflect comments made. The Shire of Ashburton is requested to provide comment on the draft Regional Tourism Plan by 30 November 2007 as part of the PRC consultation process.

Statutory Environment The proposed Regional Tourism Plan complies with all legislative requirements.

AGENDA – ORDINARY MEETING OF COUNCIL 44 16 October 2007

Policy Implications The final Regional Tourism Plan may commit the Shire of Ashburton Council to adopt some specific policies with regard to tourism within the Shire of Ashburton and the Pilbara generally.

Financial Implications There may be financial implications relative to the implementation of the final version of the Regional Tourism Plan.

Strategic Implications PRC Strategic Plan 2008 – 2011, Key Result Area 3.5 – Regional Tourism. Shire of Ashburton Strategic Plan 2004-09 Key Result Area – Best Practice Local Government.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council review and comment on the draft Regional Tourism Plan ( Attachment 12.10.69 ) by 30 th November 2007 to the Pilbara Regional Council.

AGENDA – ORDINARY MEETING OF COUNCIL 45 16 October 2007

12.10.70 CORPORATE SERVICES STATUS REPORT

Agenda Council # Report Title Council Decision Current Status Meeting Ref. 1. 08/07 12.08.54 Local Laws That Council Ongoing Executive meeting 1. Having considered any submissions received, approves the planned 11/09/2007 minor amendments to the Shire’s Cats Local Law, Dogs to progress possible Local Law, Extractive Industries Local Law, Health Local Property Local Law. Law and Parking Local Law, as set out in Attachments 12.08.54, pursuant to the provisions of Section 3.16 of the Local Government Act 1995.Instructs the CEO to research the possibility of the adoption of a Property Local Law which would encompass the following local laws – Aerodromes, Cemeteries with the possibility of Seashore Management, Caravan/Camping and Park Management, Reserve Management and Signage also being included. 2 07/07 12.07.45 Offer from Department of That Council advise the Department of Local Government and Ongoing in . Local Government – Regional Development that it accepts the Department’s proposal, as discussions with the Outstanding Rates – set out in its advice received 20 June 2007 (Attachment 12.07.45), DLGRD Wittenoom in return for the Shire exercising the provisions of Section 6.74 of Council decision the Local Government Act, in relation to vacant land within the being implemented. former townsite of Wittenoom, where the rates outstanding are for DLGRD has been three or more years. invoiced for $29,000 for outstanding rates on 12 properties recently purchased by the State Government. 3. 06/07 12.06.35 Annual General Meeting of That Council: Ongoing Electors 1. Receive the minutes of the Annual General Meeting of Part 2 of Resolution Electors, held in Onslow on 07 June 2007 and note the to be completed. contents. 2. Authorise the CEO to make a submission to the Minister for Local Government for consideration to amending the Local Government Act 1995 to allow Annual General Meetings to be held in conjunction with Ordinary Meeting of Council.

AGENDA – ORDINARY MEETING OF COUNCIL 46 16 October 2007

Agenda Council # Report Title Council Decision Current Status Meeting Ref. 4. 12/06 12.12.088 Asset Register Review That Council instructs Chief Executive Officer to submit a draft Ongoing Assets Council policy, in relation to the management of the Shires Asset presently being Register to the February, 2007 meeting of Council. revalued by Registered Valuer. 5. 10/06 12.10.74 Delegated Authority – That Council: Ongoing DA501 still Review of Delegations 1. Notes that Delegation DA501 ‘Carinya Aged Persons Units’ under review is still under review. 6. 07/06 12.07.046 Councillor Training That Council: Ongoing. 1. Adopts the revised Policy ELM05 “Councillor Training”. 2. Requests that the Shire write to Pilbara local governments to Training Proposed gauge interest in shared training across the region. to be held after 3. Requests that the Shire progress the option of broadcasting October Elections. training on the Westlink Satellite Network. 7. 03/06 12.02.009 Audit & Management That Council: Ongoing Reports 1. Notes the Audit and Management Reports for the period of Individual issues 2004 / 2005; and raised are being 2. Direct that the CEO take action to address each of the items addressed. raised in the Reports. 8. 06/05 12.06.1227 Tom Price Office relocation That a comprehensive review of the Staff Housing Plan and Tom Ongoing Price office relocation be undertaken for Council’s further consideration, to incorporate recommendations for dwelling Assessment of Tom refurbishment, replacement and acquisition and appropriate funding Price Office for strategies. Occupational Health and Safety standards has been undertaken.

AGENDA – ORDINARY MEETING OF COUNCIL 47 16 October 2007

13.10.0 DEVELOPMENT SERVICES REPORTS 13.10.32 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7

FILE REFERENCE: PS.TP.7

AUTHOR’S NAME AND Bernie Smith POSITION: Executive Manager Development Services

NAME OF APPLICANT/ Not applicable RESPONDENT:

DATE REPORT WRITTEN: 24 September 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not applicable REFERENCE:

Summary Council has delegated to the Executive Manager Development Services the authority to issue development approvals pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances.

Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out in this report.

Background Council has delegated to the Executive Manager Development Services the authority to issue development approvals, pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances.

Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out below.

Comment Three (3) approvals have been issued under delegation up until the date of this report. These were for: 1. Ausco Buildings Planning Approval – Office 15A Mine Site, Old LIA, TOM PRICE

AGENDA – ORDINARY MEETING OF COUNCIL 48 16 October 2007

2. Stephanie Lamb Home Occupation Renewal – Hair Salon 683 Yaruga Street, TOM PRICE

3. Natalie Woodman T/As Kiah Beauty Home Occupation – Beautician 622 Kiah Street, TOM PRICE

Details of the approval may be obtained from the Executive Manager Development Services.

Statutory Environment Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications There are no policy implications relative to this matter.

Financial Implications There are no financial implications relative to this matter.

Strategic Implications Values: • Professionalism • Quality service delivery & services

Our Focus: • Best practice local government

Critical Success Factors: • Sound management practices • Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure: • Review & implement managerial policies and practices

Voting Requirement Simple Majority Required

Officers Recommendation

That Council note the contents of this report.

AGENDA – ORDINARY MEETING OF COUNCIL 49 16 October 2007

13.10.33 PARABURDOO GAS TURBINE EXPANSION – VARIATION UNDER STATE AGREEMENT

FILE REFERENCE: MI.PARA

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Rio Tinto Ltd RESPONDENT:

DATE REPORT WRITTEN: 28 September 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary Rio Tinto has advised that it is proposed to expand the capacity of the Paraburdoo Gas Turbine plant.

The company has requested Council’s comments in the context of the need to obtain Ministerial approval under the Iron Ore () Agreement Act 1963.

Background Correspondence has been received from Rio Tinto Ltd advising that the company proposes to expand the capacity of the Paraburdoo Gas Turbine on the Paraburdoo mine site by the installation a “third open cycle gas fired turbine with a nominal capacity of 35MW”.

The company notes that the Minister for State Development’s approval is required pursuant to the Iron Ore (Hamersley Range) Agreement Act 1963 and in this context Council’s comments are sought by the company.

Comment The proposed expansion is necessary to meet electricity needs associated with expanding iron ore production in the region.

The company has provided a location map and background details in relation to the impact of the proposal on the environment.

These details are attached.

ATTACHMENT 13.10.33

AGENDA – ORDINARY MEETING OF COUNCIL 50 16 October 2007

The proposal does not appear to have any significant impact on its surroundings. It is therefore recommended that Council support the proposal subject to appropriate approvals, including building licences, being obtained.

Consultation Not Applicable

Statutory Environment Iron Ore (Hamersley Range) Agreement Act 1963

Policy Implications There are no specific policy implications relative to this issue.

Financial Implications There are no specific financial implications relative to this issue.

Strategic Implications There are no specific strategic implications relative to this issue.

Voting Requirement Simple Majority Required

Officers Recommendation

That Council advise Rio Tinto Ltd and the Department of Industry and Resources that the Shire has no objection to the proposed expansion of the Paraburdoo Gas Turbine Plant subject to the company.

(a) obtaining those approvals necessary pursuant to the Local Government (Miscellaneous Provisions) Act, and

(b) all other approvals deemed necessary for the project.

AGENDA – ORDINARY MEETING OF COUNCIL 51 16 October 2007

13.10.34 PILBARA REGIONAL COUNCIL – POSITION STATEMENT HEALTH SERVICES.

FILE REFERENCE: HS.HL

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Pilbara Regional Council RESPONDENT:

DATE REPORT WRITTEN: 03 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Not Applicable REFERENCE:

Summary The Pilbara Regional Council (PRC), at its September 2007 meeting, adopted a position paper in relation to Health Services in the Pilbara Region.

It is proposed that Council support the PRC’s position paper and its endeavours to improve health services in the Pilbara.

Background On various occasions in recent times Councillors have collectively and individually voiced disquiet at the declining state of health and hospital services in the Pilbara, generally, and the Shire of Ashburton specifically.

This concern has been repeated in generally similar ways by other Pilbara local governments and has, as a result led to the PRC taking up the issue by initially adopting a Position Paper entitled “Health Services in the Pilbara”.

ATTACHMENT 13.10.34

The paper has been written within an environment where operational health services expenditure in the Pilbara has only increased by 11 percent between 2002/03 and 2005/06, compared with 20 percent for the same period over the whole WA Country Health Service region. By way of comparison inflation has been 13.8% during the same period.

Comment Of necessity, the PRC’s Position Paper takes a broader view of the issues relating to health services in the Pilbara, than those specifically facing residents of the Shire of Ashburton. The Position Paper is, however, consistent with the concerns about local health services being

AGENDA – ORDINARY MEETING OF COUNCIL 52 16 October 2007 voiced by the Shire. For this reason it is recommended that Council support the PRC’s Position Paper.

The PRC’s objective is to seek the adoption of its Position Paper by the Pilbara Industries Community Council (PICC).

PICC is a resource industry based body formed by the major resource companies, including Rio Tinto, BHP and Woodside. It’s objective is to improve infrastructure and services within the Pilbara, by co-ordinating the endeavours of industry, the State Government and Local Government.

Industry representation on PICC includes senior company representatives, while the Minister for State Development and Deputy Premier, the Hon Eric Ripper is the senior State Government Representative and Chairperson. Local Government in the Pilbara is represented by the Chairperson of the PRC.

It is in this context that the PRC agenda item in relation to the Position Paper on Health Services stated, in part

“ The Pilbara Industries Community Council (PICC) has as one of its priority projects the review and upgrade of the health services within the Pilbara. While altruistic for industry, the PICC has both the ear and commitment of the State Government and is progressing this issue with the concerns of the Pilbara residents in mind.

The Council should also note that Minister Ripper stated in a media release on 23 rd August 2007 that “the [PICC] approach would also help achieve better outcomes in areas such as housing, health and education services” and “it [PICC] has also helped to identify needs in critical areas including housing, land release, health care and education.”

The proposed way forward is to table the Position Statement at the next PICC Steering Group meeting seeking its endorsement of the Statement. On the presumption that the PICC Steering Group endorses the Statement the next step would be to forward the Statement to the Premier for endorsement. This would be done under a covering letter citing the PICC endorsement.”

Consultation Pilbara Regional Council

Statutory Environment There are no statutory implications relative to this issue.

Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue.

AGENDA – ORDINARY MEETING OF COUNCIL 53 16 October 2007

Strategic Implications Strategic Plan 2004-09 Key Result Area – Best Practice Local Government

Voting Requirement Simple Majority Required

Officers Recommendation

That Council advise the Pilbara Regional Council that it supports Council’s Position Paper entitled “Health Services in the Pilbara”.

AGENDA – ORDINARY MEETING OF COUNCIL 54 16 October 2007

13.10.35 DRAFT PLANNING POLICY – TRANSIENT WORKERS ACCOMMODATION

FILE REFERENCE: PS.DV.21

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Not applicable RESPONDENT:

DATE REPORT WRITTEN: 12 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Agenda Item 12.07.1045 Ordinary Meeting of Council 15 REFERENCE: July 2003 Agenda Item 13.08.23 Ordinary Meeting of Council 21 August 2007

Summary At the August 2007 meeting Council requested that the Chief Executive Officer prepare a Draft Local Planning Policy in relation to Transient Workforce Accommodation.

A draft policy is now submitted to Council for its consideration, and for public advertising, if considered appropriate.

Background Council has, for an extended period of time, had a policy of not supporting Fly In – Fly Out (FIFO) workforce arrangements within the Shire. In recent times, however, the pressure, for transient workforce accommodation facilities within the Shire has become even greater, both in size and number of developments.

It is in this context that Council, at its August 2007 meeting of Council, when having considered a development application under the Shire’s planning scheme, to extend an existing 40 bed workers camp in Pannawonica, to an 83 bed facility, resolved in part

“That Council; 4. Instruct the Chief Executive Officer to prepare for submission to Council a draft planning policy in relation to transient workers accommodation in urban areas, pursuant to the Shire’s Town Planning Scheme No. 7.”

It is in this context a draft policy has now been prepared for Council’s consideration. ATTACHMENT 13.10.35

AGENDA – ORDINARY MEETING OF COUNCIL 55 16 October 2007

Comment Council has, in fact, previously adopted a policy (Policy PLA08) in relation to Transient Workforce Accommodation. This occurred in September 1998, and following a number of updates up until July 2003, the policy took the form set out in the attachment below. ATTACHMENT 13.10.35a

In practice, this earlier policy became redundant due to the fact that it was prepared prior to the introduction of the Shire’s Town Planning Scheme, which was gazetted in December 2004 (Part 2 of the new scheme sets out the specific steps to be followed when preparing a planning policy – these are different from those applicable when adopting a general Council Policy).

A further statutory change came about in 2005 when the new Planning and Development Act was introduced by the State Government.

The draft policy has been prepared within the context that while Council does not support FIFO workforce operations, it recognises that on occasions, other forms of accommodation are not practical, particularly during the construction phase of a development, or when developments are significant distances from existing urban areas.

The draft policy also attempts to address issues of amenity, both the amenity of those who live close to worker accommodation facilities, as well as those who live within this accommodation.

In the event of the draft policy (or an amended draft) being acceptable to Council it is necessary to publish information relating to the policy in a newspaper circulating in the scheme area. Submissions may be lodged during the advertising period (not less than 21 days). It is then necessary for Council to review the proposed policy in the light of any submissions made, before adopting the document.

Statutory Environment Planning and Development Act 2005 Shire of Ashburton Town Planning Scheme No. 7

Policy Implications PLA08 – Transient Workforce Accommodation

Financial Implications There are no financial implications for the Shire relative to this matter.

Strategic Implications There are no strategic implications relative to this matter.

Voting Requirement Simple Majority Required

AGENDA – ORDINARY MEETING OF COUNCIL 56 16 October 2007

Officers Recommendation

That Council

1. Council adopt the draft Local Planning Policy – Transient Workforce Accommodation as a Draft Local Planning Policy under the provisions of CI. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the scheme.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

AGENDA – ORDINARY MEETING OF COUNCIL 57 16 October 2007

13.10.36 LAND RELINQUISHMENT TOM PRICE – RIO TINTO

FILE REFERENCE: MI.TPMS

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Rio Tinto Ltd RESPONDENT:

DATE REPORT WRITTEN: 11 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Agenda Item 12.10.070, Ordinary Meeting of Council 24 REFERENCE: October 2006 Agenda Item 13.02.03, Ordinary Meeting of Council 13 February 2007

Summary Rio Tinto Ltd’s continuing use of the Tom Price Mine workers accommodation camp beyond 31 December 2007 is dependent of Council being satisfied that the company is making satisfactory progress in relinquishing company controlled, residential land within Tom Price.

The company has now requested a letter from the Shire confirming that satisfactory progress in the relinquishment process is being made by the company.

Background Council at it’s October 2006 ordinary meeting of Council considered a request from the Minister for State Development for Shire comment in relation to a proposed variation to the Iron Ore (Hamersley Ranges) State agreement whereby the life of the existing 400 person construction worker accommodation facility, at the entrance to the Tom Price Mine, would be extended from July 2007 until the end of 2011 and the camp be used by mine operation staff.

Following its deliberations, Council resolved

That Council 1. Advise the Minister for Industry and Resources that while Council does not support Fly-in Fly-out resource projects it recognizes the specific circumstances of this case and it has no objection to the life of 400 beds of workers accommodation at the Tom Price Mine Site being extended until December 2011 and 120 beds of workers accommodation at the Paraburdoo Special Lease Site adjacent to the mine being extended until December 2008, pursuant to the Iron Ore (Hamersley Range) agreement subject to the Shire President, the Chief Executive Officer, Cr Martin and

AGENDA – ORDINARY MEETING OF COUNCIL 58 16 October 2007

Cr Rumble finalising the terms of a (‘value proposition’) agreement with the company.’

Later, at its meeting held in February 2007 Council considered a report in relation to development application for a workers accommodation facility on Lot 14 – 16 Turee Way, Paraburdoo. The use was, in fact, not permitted by the Shire’s planning scheme. Council, did, however, appreciate the problem of a lack of a range of the types of accommodation in both Tom Price and Paraburdoo. As a result Council resolved, in part

“Council initiate urgent & immediate discussions with Pilbara Iron and endeavour to identify solutions to an existing critical housing shortage within the towns of Tom Price and Paraburdoo.”

The Minister for State Development, the Hon Eric Rupper, noted Council’s resolution and as a result, only extended the life of the Tom Price Mine workers accommodation facility until 31 December 2007, with the undertaking it would be extended until the end of 2011, in the event of the Shire confirming, in writing, that it (the Shire) was of the opinion that satisfactory progress was being made in the release of company controlled land in Tom Price, for residential use by others.

Comment Rio Tinto has now requested a letter in which Council confirms that the company has made satisfactory progress in relinquishing the land in question.

Progress to date, has, in fact, been relatively slow. Indeed, until recently there has been little activity in relation to the matter, except for a meeting between a company representative, the Pilbara Regional Manager for the Development for Planning and Infrastructure (DPI) and the author, held in May 2007. At that meeting it was agreed that the company would relinquish the vacant land located between the Tom Price golf course and South Road.

In early September progress, on this matter, went backwards from the Shire’s point of view.

Following a meeting between the Shire President, the author and Rio Tinto representatives, the Shire received the attached letter from the company.

ATTACHMENT 13.10.36

The company stated, in the correspondence that it (the company) may, in fact, decide to develop the Golf Course site itself. The company would not however, be able to advise Council of its final decision until 28 February 2008.

It would only be at that time that the company would negotiate the relinquishment of an alternative parcel of land with the Shire. In the meanwhile, however, Rio Tinto wanted a letter of support from the Shire addressed to the Minister for State Development, stating that the Shire was of the opinion that satisfactory progress was being made in relation to land release in Tom Price.

The author advised Rio Tinto that the company’s proposal was unacceptable.

AGENDA – ORDINARY MEETING OF COUNCIL 59 16 October 2007

There have been renewed discussions between senior company representatives and the author. As a result, the company has now agreed to relinquish the Golf Course land in the manner outlined in the attached letter, dated 4 October 2007. ATTACHMENT 13.10.36a

It is noted that during the recent discussions with the company the possibility of the Shire accepting the release of the company controlled land, abutting the private road immediately adjacent to Tom Price Tourist Accommodation site on Central Road was considered. Unfortunately, this land lacks utilities. If this deficiency was addressed by the company this alternative site would certainly been more preferable than the golf course site.

Initially the company considered the possibility of undertaking to install services and utilities to this land, however the offer was subsequently withdrawn.

In conclusion, while the latest correspondence represents a significant improvement on the company’s stance taken in early September 2007, there remains a need for Council to ensure that company quickly actions its proposal. For this reason it is recommended that should Council find the company’s proposal generally acceptable, it should only provide a letter of support to the Minister for State Development, once the company has formally requested the Department for Planning and Infrastructure to remove the company’s special lease over the land in question.

Consultation Rio Tinto Ltd Department for Planning and Infrastructure Shire President – Cr L Corker EMEC – Jeff Breen

Statutory Environment Iron Ore (Hamersley Ranges) Act

Policy Implications There are no policy implications relative to this matter

Financial Implications There are no immediate financial implications for the Shire in relation to this matter. In the event of the Shire considering the possible development of the land, itself, the project would be the subject of a detailed costing prior to any commitment to proceed, with the subdivision.

Strategic Implications There are no strategic implications relative to this matter

Voting Requirement Simple Majority Required

AGENDA – ORDINARY MEETING OF COUNCIL 60 16 October 2007

Officers Recommendation

That Council

1. direct that the Chief Executive Officer write to Rio Tinto Ltd confirming that Council is of the opinion that the proposal set out in the company’s letter dated 4 October 2007 (Attachment 13.10.36a) represents satisfactory progress in relation to the Minister for State Development’s requirement that company satisfactorily progress the relinquishment of unused, company controlled land within Tom Price, prior to the life of the Tom Price Mine site workers accommodation facility being extended beyond 31 December 2007.

2. notes that the correspondence referred to in 1 above shall not be forwarded to the company until the company has lodged a formal request with the Department for Planning and Infrastructure in relation to the removal of the company’s special lease over the land in question.

AGENDA – ORDINARY MEETING OF COUNCIL 61 16 October 2007

13.10.37 DEVELOPMENT SERVICES DECISION STATUS REPORT

Council Agenda # Meeting Report Title Council Decision Current Status (mm/yy Ref. 1. 09/07 13.09.29 Fire Control Officers That Council Finalised. Bush Fire Control 1. Revokes all previous appointments of Chief Bush Fire Officers formally notified and Control Officer, Deputy Chief Bush Fire Control Office advertisement placed in and all Fire Control Officer’s. Pilbara News. 2. Appoints Supervisor of Emergency Services Morgwn Jones as Chief Bush Fire Control Officer and Ranger West Ian Chance as Deputy Chief Bush Fire Control Officer. 3.Appoints the following as Fire Control Officers for the Shire of Ashburton with all powers conferred to them by this Act Terry Mellor, Chris O’Connell, Greg Lincoln, Glynn Potter, Peter Nazarovs, Geoff Harrison, Travis Howe, Matthew Herbert. 4.Appoints Stan Goody as Fire Control Officer for the Shire of Ashburton for Permits Only. 5. Issue a certificate of appointment to all Fire Control Officer’s from the Shire of Ashburton. 6.Publish all previous appointments as revoked and detail all new appointments in at least one (1) newspaper circulating within the district 2 09/07 13.09.30 Paraburdoo Caravan That Council Ongoing. Park Expressions of Interest 1. Request that Pilbara Iron P/L enter into a lease with documents to be finalised. the Shire as lessee, Lot 1 Camp Road, Paraburdoo, on the following terms (a) The lease be for a term of 15 years, or more (b) The rental be a peppercorn rental (c) the Shire accept responsibility for outgoings (d) the Shire has the right to sublease the property

2. Subject to (1) above being satisfied, call for tenders from interested parties, to develop and operate a short term accommodation facility on site, subject to the following conditions.

AGENDA – ORDINARY MEETING OF COUNCIL 62 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy • Provision shall be made for 12 caravan bays • Provision shall be made for 12 camp sites • Ablution facilities shall be provided in accordance with the provisions of the Caravan Park and Camping Ground Act.

3. 08/07 13.08.26 Proposed That Council : Ongoing Accommodation - Development Approval Structures, Tom Price 1. Agree, in its capacity as lessor of Reserve 38762, issued Tourists, Reserve 38762, to the subject development application lodged by - Letter sent to DPI Nameless Valley Road, Kaussie Holdings P/L (Mr A Drage), being requesting confirmation that Tom Price considered by Council pursuant to the Shire of amended lease details are Ashburton Town Planning Scheme No. 7. acceptable to Minister - Lessee has agreed to 2. Approve the development application made by amended lease conditions Kaussie Holdings P/L (Mr A Drage), to erect and and meeting cost of changes use twenty (20) accommodation units on Reserve to lease. 38762 for the purposes of short term - Amended lease will be accommodation, in accordance with the attached prepared after DPI approval plans, subject to the following conditions : received.

a. The development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, and the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws;

b. The operator of the site shall maintain the site in a neat and tidy condition, to the satisfaction of the Shire at all times.

3. Advise the applicant of its right of appeal, pursuant to Part 14 of the Planning and Development Act 2005.

4. In its capacity as lessor of the site, advise the applicant that development in accordance with

AGENDA – ORDINARY MEETING OF COUNCIL 63 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy this development approval may not commence until the existing lease for the property has been modified to incorporate the proposed uses and layout as shown on the subject development approval. This shall include the obtaining of the Minister of Lands approval for the modified layout, if necessary.

4. 08/07 16.08.17 Legal Advice in Relation 1. The Shire request from Rio Tinto Ltd: Ongoing to Buildings and Subject to Confidential Environmental Health (a) disclosure to the Shire of details of all Report to October 2007 Regulatory Matters. buildings and structures currently Council Meeting. constructed by the Rio Tinto Ltd group of companies, extend to gazetted townsites within the Shire;

(b) copies of all building plans, specifications, building approvals and Health Department approvals relevant to those buildings and structures;

(c) agreement in writing permitting the Shire’s Principal Building and Health Inspectors access to all Rio Tinto Ltd’s sites for the purpose of inspection, and acceptance by Rio Tinto Ltd that any matter relating to the compliance of the structures which cannot be verified by visual inspection by the building and health inspectors of the Shire, to be undertaken at Rio Tinto Ltd’s cost.

(d) where structures will require some specialist inspection and intervention to determine whether or not those structures comply with the relevant building and health standards, Rio Tinto Ltd to obtain and pay for all necessary independent experts’ reports required to verify the

AGENDA – ORDINARY MEETING OF COUNCIL 64 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy integrity of the structures and compliance with local laws, Building Regulations, and the Health Act.

2. The Shire issue such formal notices to Rio Tinto Ltd as the Chief Executive Officer of the Shire considers appropriate under the Local Government (Miscellaneous Provisions) Act in regard to identified failures to obtain building licences and under the Health Act for failures to obtain relevant approvals. 5. 08/07 13.08.23 Proposed 83 Person That Council: Ongoing Transient workers Subject to further comment in accommodation facility, 1. Approve the development application Confidential Report to Lot Deepdale Drive, made by Robe River P/L to construct and October 2007 Council Pannawonica use a new 43 person transient workers meeting. accommodation facility and use an existing 40 person transient workers accommodation facility, with ancillary structures, on Deepdale Road, Pannawonica, in accordance with the endorsed plans, subject to the following conditions:

(a) The Development shall comply with the Shire of Ashburton’s Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws (it should be noted that this is a planning approval only and that separate Building or Health Approval may be required).

(b) All storm water produced on the site shall be disposed of either in the Council’s drainage system or

AGENDA – ORDINARY MEETING OF COUNCIL 65 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Council. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

(c) Prior to development commencing the owner or occupier shall enter into a signed agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement, require the use of the structures to cease three years after the date of this approval and the structures be removed within 28 days.

(d) Vehicle parking, maneuvering and circulation areas shall be suitably constructed, drained, sealed, kerbed, maintained and marked to the specifications and satisfaction of the Shire of Ashburton.

(e) Parking spaces, shall have dimensions of at least 5.5 meters by 2.5 meters with a 6 meter wide access way.

(f) A landscaping plan shall be submitted and approved prior to the issue of a Building Licence or

AGENDA – ORDINARY MEETING OF COUNCIL 66 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy any works commencing. For the purpose of these conditions a detailed landscaping plan shall show the following:

(i) Any lawns to be established; (ii) Any natural landscape areas to be retained; and (iii) Those areas to be reticulated.

(g) Landscaping areas shall be installed within 13 weeks of the use commencing or occupation of the development, and shall be maintained thereafter by the owner/occupier to the satisfaction of the Manager of Development Services.

(h) The design and layout of the buildings shall be consistent with the provisions of the Residential Planning Codes.

1. Advise the applicant of its right of appeal pursuant to Part 14 of the Planning and Development Act 2005.

3. Advise the applicant that the issuing of development approval for the development pursuant to Shire’s Planning Scheme does not constitute approval to use the complex unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

AGENDA – ORDINARY MEETING OF COUNCIL 67 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy

4. Instruct the Chief Executive Officer to prepare for submission to Council a planning policy in relation to transient workers accommodation in urban areas, pursuant to the Shire’s Town Planning Scheme No 5. Advise the applicant that in providing conditional development approval to the 83 person accommodation that this should in no way be interpreted to reflect Council’s attitude to a proposed 200 man camp 6. 07/07 13.07.20 Proposed modifications That Council: Ongoing. Notice of to Layout – Beadon Bay Development approval Village Caravan Park, 1. Agree, in its capacity as lessor of Reserve 34101, issued. Reserve 34101, Onslow to the subject development application lodged by Beadon Bay Pty Ltd, being considered by Council Request made to Landgate pursuant to the Shire of Ashburton Town Planning Section of DPI for Minister’s Scheme No. 7. approval to amend lease. 2. Approve the development application made by Beadon Bay Pty Ltd, to erect and use buildings Awaiting DPI’s written on Lot 557 (Part Reserve 34101), for the comment. purposes of holiday accommodation (four family cabins), in accordance with the attached plans, subject to the following conditions:

a. The development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, and the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws; b. The buildings shall have a floor level of at least 4.0 meters AHD; c. The operator of the site shall maintain the site in a neat and tidy condition, to the satisfaction of the Shire at all times. 3. Endorse the development application with the following statement: “The developer undertakes to absolve the State

AGENDA – ORDINARY MEETING OF COUNCIL 68 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy and the Local Government Authority from liability and hence financial relief in the event of damage caused by natural events”. 4. Advise the applicant of its right of appeal, pursuant to Part 5 of the Town Planning and Development Act. 5. In its capacity as lessor of the site advise the applicant that development in accordance with this development approval may not commence until the existing lease for the property has been modified to include a Development Plan which is consistent with the proposed uses and layout as Shown on the subject development approval. This shall include the obtaining of the Minister of Lands approval for the modified layout, if necessary. 7. 04/07 13.04.13 Proposed Town Planning That Council: Ongoing Scheme Amendment – Resolves, pursuant of Section 75 of the Planning and EADS has referred Lot 300 Boonderoo Development Act 2005, to progress towards the amendment to EPA. Road, Tom Price amending of Shire of Ashburton Town Planning Scheme EADS to proceed with No. 7 by: advertising once approved by 1. Rezoning a portion of Lot 300 from ‘Parks, EPA. Recreation and Drainage’ to ‘Mixed Business’ as set out in the Amendment Maps; and 2. Amending the Scheme Maps accordingly. And, that Council proceeds with the necessary advertising and submissions as required in order to amend the scheme as per the Planning and Development Act 2005. 8. 04/06 13.03.015 Amendment to Health That:- Ongoing Local Law – Prescribed 1. Council resolved to amend the Health Local Laws by Refuse Collection Areas adding the following to Schedule 15:- • Any other defined areas of the district that have been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended). 2. The necessary statutory procedures be instigated and the matter be referred back to Council for

AGENDA – ORDINARY MEETING OF COUNCIL 69 16 October 2007

Council Agenda # Meeting Report Title Council Decision Current Status Ref. (mm/yy further consideration at the appropriate time. 3. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered. 9. 04/06 13.03.019 Townsite Development That Council resolve to prepare an Expression of Interest Ongoing. Project – Tom Price in Townsite Development Projects (for Tom Price) and the Consultant Urban Design is document be referred back to Council for endorsement to visit Tom Price in order to prior to it being submitted to Landcorp for consideration. prepare submission to Council. 10. 03/06 13.02.010 Pilbara Iron Land That Council:- Ongoing. Holdings – Possible 1. Desists from pursuing the acquisition of the Tom Transfer to Council Price Mine Light Industrial Area. To be pursued in association 2. Advise Pilbara Iron accordingly and it be requested with 9 above. to provide formal notification of its commitment to offer Council an option for the next 3 years to transfer Lot 2 Stadium Road (green area) freehold to the Council. 11 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan Ongoing. be undertaken for Council’s further consideration, to Commenced. Some aspects incorporate recommendations for dwelling refurbishments, of Housing Plan will be replacement and acquisition and appropriate funding incorporated into AWA & strategies Policy Review. 12 04/04 14.04.02 New Public Conveniences That Council Ongoing Doug Talbot Park Tom 1. Adopt Option B (Appendix 14.04.02.2) as the design Public Toilets have been Price for the new Tom Price public toilets. closed from 10.09.2007 until MDS 2. Call for tenders for the construction of the new toilet 22.10.2007 for demolishing & block, using as tender documents, documents construction of the new prepared in accordance with structure. a) Local Government Association purchasing a tender guide; b) Master Builders Association of WA standard specification for brick construction.

AGENDA – ORDINARY MEETING OF COUNCIL 70 16 October 2007

14.10.0 WESTERN OPERATIONS REPORTS

14.10.15 WESTERN OPERATIONS DECISION STATUS REPORT Agenda Council # Report Title Council Decision Current Status Meeting Ref. ENGINEERING 1. 02/03 10.01.673 Onslow Sea Wall Advise the contractor, WA Limestone/Roadstone JV, that Ongoing Ownership and Progress the surface of the boat ramp at First Avenue, Onslow, is Report not acceptable due to the unevenness of the patched MDS investigating the matter MES section and the small voids that exist in other parts of the further in order to finalise surface; ownership. Approve the additional works associated with the Onslow (a) Complete sea wall project to be: (b) Complete (a) Ocean View Caravan Park Reserve retaining soil (c) Complete $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level EMES, CEO and EMWO met behind sea wall $35,000; to discuss road forward (c) Beach replenishment $15,000; with tasks to be allocated as (d) Design disabled access $5,000; and appropriate. Boundaries of (e) Survey and peg reserve boundaries $7,000. proposed reserve are to be Have the property boundaries surveyed and marked on site identified ASAP. before further considering formal control of the sea wall (Survey has been booked being accepted. for September/ October)

COMMUNITY 1. 06/07 14.06.08 Onslow Community Bus Ongoing That council :

1.Endorses the provision of a community bus service for Bus Currently in Karratha Onslow. for Refurbishment and 2. Support the allocation of up to $60,000.00 towards Repair

purchase of a new bus in the 2007/2008 budgetary process. 2. 06/06 14.05.010 Onslow Townscape That Council progress the costing and plan review of the Works commenced on Advisory Committee Beadon Point development in to assist with the making of Beadon Point upgrade.

minutes grant applications. Purchase Order issued for Sunrise Monument.

3 07/05 11.07.348 United Christian That subject to a favourable technical report being Ongoing

AGENDA – ORDINARY MEETING OF COUNCIL 71 16 October 2007

Agenda Council # Report Title Council Decision Current Status Meeting Ref. Broadcasters Australia provided and the issue of a letter of indemnity to Council, Financial assistance has been (Ucba) Request to Install United Christian Broadcasters Australia through their received from FESA. Radio Rebroadcast Vision Radio Network is granted permission to install Equipment Lot 694 Payne radio rebroadcast equipment in Council facilities situated New tower has been sourced, Way Onslow on Lot 694 Payne Way Onslow, with any associated costs hut engineering and being borne by the applicant. specifications now ongoing. Working to have television services on new tower and in Hut by November prior to Cyclone risk time. CORPORATE 4 10/06 14.10.016 Television Services Onslow That Council Ongoing (a) Revoke its decision in relation to Agenda Item New equipment is insitu. 14.09.013 (Meeting of Council 19 September Gumala, SBS and JJJ are now 2006) whereby Council resolved: broad casting. New tower has been sourced, ‘That a working group of Council be formed of the hut engineering and following Cr L Corker, Cr A Eyre, Keith Pearson CEO, specifications now ongoing. Amanda O’Halloran EMWO and Jeff Breen EMES to Working to have television prepare and approve tender documents in regard to services on new tower and in reinstatement of Onslow Television Services’ Hut by November prior to (b) Instruct the Chief Executive Officer to pursue the Cyclone risk time. reinstatement of Onslow Television and radio Services in accordance with relevant administrative policies. 5 03/05 12.03.120 Robe River Memorandum of That Council agrees to the Memorandum of Understanding Ongoing Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:  The Library, Shire Office and Sentinel Chicken Amanda to progress. further in Coops; September 2007  The Dog Pound;  The Caravan Park and Ablutions Block. 2. Robe River renovating the above facilities prior to the commencement of the leases. 3. The Shire of Ashburton donating the amount of $1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre. 4. The Shire of Ashburton committing to funding the Grant Application submitted Community Liaison Officer position for twenty (20) to DSR for funding of “Be hours per week and to actively pursuing alternative Active” Officer. funding sources for an additional twenty (20) hours.

AGENDA – ORDINARY MEETING OF COUNCIL 72 16 October 2007

Agenda Council # Report Title Council Decision Current Status Meeting Ref. 5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis. DEVELOPMENT 6 12/06 14.12.018 Residential Plan for the That Council instruct CEO to prepare tender documents for Ongoing Shire of Ashburton – the building residences at 318 Second Avenue, 360 Third Lot 502 First Avenue and Lot

Onslow Avenue, and 578 Hedditch Street. 318 Second Avenue – Awaiting survey. on these sites has been arranged and tender documents drawn up as appropriate.

7 06/06 14.05.006 Relocation of race course 1. Agree in principle to the relocation of the Ashburton Ongoing – Waiting on and development of Race Club, Onslow Golf Club, Onslow Pistol and Rifle outcome of risk survey. multipurpose sporting Club, Onslow Motocross Club and the Proposed facility to the Onslow Town Onslow Model Aircraft Club to a location within Shire Awaiting further information Common (Reserve 19291) Reserve 19291; and from proponents. Ongoing discussions being held 1. That the Executive Manager Western Operations and between Administration and the Executive Manager Community Services represent proponent group. the Shire at discussions and during the formulation of a proposal that outlines the:

• Area of land required; • Proposed route of main access to the site; • Track and facilities layout; • Estimated development time frame; • Estimated budget; and • Proposals for the use of existing track and facilities.

8 12/05 13.12.411 Part Road Closure Vicinity That:- Ongoing of Ocean View Caravan 1. Council resolve to support the partial road closure and Park Second Ave, Onslow the matter be advertised in accordance with the Awaiting Landgate to provisions of Sec. 58 of the Land Administration Act, complete transfer. 1997. 2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

AGENDA – ORDINARY MEETING OF COUNCIL 73 16 October 2007

Agenda Council # Report Title Council Decision Current Status Meeting Ref. 3. The Minister for Planning and Infrastructure be requested to reserve the land indicated as Lot 3002 on the plan attached as appendix 13.12.412 for Conservation, Recreation purposes and that its care, control and management be granted to the Shire. 9 12/05 13.12.408 Proposed Transfer of That :- Ongoing Emergency Services 1. Council agree to transfer the tenure of the Onslow Building Emergency Service Building to FESA subject to:- Formal request for transfer i) FESA to become responsible for the submitted to DPI. Awaiting outstanding loan on the facility and any processing by DPI, which, in financial outlay required for the transfer turn is awaiting clearance from thereof; and Water Corporation. ii) A condition being placed on the Management Order over the premises that they are to be Clearance from Water Corp used only to house the local Volunteer received 8 August 2007. Emergency Services including the Marine Rescue Service. 2. The necessary procedures required to effect the transfer be implemented. 3. The present designation of Lot 971 in the Shire’s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow. 4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued. 10 08/5 13.08.376 Proposed BHP Billiton That Council request the Minister for State Development to Ongoing. Pilbara LNG Processing obtain meaningful input from the Shire of Ashburton, when Facility, Onslow – preparing the proposed State Agreement between the Part of ongoing discussion Preparation Of State State Government and BHP Billiton, in relation to BHP with State Government and Agreement Billiton Ltd’s proposed LNG Processing Plant, to be Resource company re constructed adjacent to the town of Onslow, and that proposed LNG Plant at Council seek a meeting with the Minister to discuss this Onslow. issue.

AGENDA – ORDINARY MEETING OF COUNCIL 74 16 October 2007

15.10.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 15.10.04 PRIORITISATION OF CSRFF GRANT APPLICATIONS

16.10.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part:

(2) If a meeting is being held by a Council or by a committee referred to in subsection (1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees;

(b) the personal affairs of any person;

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting:

(e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of a person,

Where the trade secret or information is held by, or is about, a person other then the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; (II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.

AGENDA – ORDINARY MEETING OF COUNCIL 75 16 October 2007

16.10.17 CONFIDENTIAL REPORT – REGULATORY MATTERS RIO TINTO IRON ORE LTD

FILE REFERENCE: RD.MI.3

AUTHOR’S NAME AND Keith Pearson POSITION: Chief Executive Officer

NAME OF APPLICANT/ Rio Tinto Iron Ore Ltd RESPONDENT:

DATE REPORT WRITTEN: 09 October 2007

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter. INTEREST:

PREVIOUS MEETING Confidential Agenda Item 16.08.12 Ordinary REFERENCE: Meeting of Council 21 August 2007.

Please refer to (Confidential attachment 16.10.17) under separate cover.

17.10.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 20 November 2007 in the RM Forrest Hall, Second Avenue, Onslow commencing at 9:00am.

18.10.0 CLOSURE OF MEETING