Business Paper 16 April 2014

Council Meeting Commencing at 9.30am

Dear Councillor

I advise that the next Ordinary meeting of Council will be held on 16 April 2014.

Danny Green General Manager

Meeting Day Notes:

AGENDA – 16 April 2014

ORDINARY COUNCIL MEETING

 DECLARATION OF PECUNIARY OR NON-PECUNIARY CONFLICT OF INTEREST (NATURE OF INTEREST TO BE DISCLOSED)

 WELCOME TO COUNTRY

“We hereby acknowledge the original custodians of this land, the Worimi and Biripi peoples, and pay our respects to Elders, past and present.”

 ADDRESS FROM PUBLIC GALLERY

Members of the public who wish to raise matters from the Public Gallery relating to any Agenda items, including Planning matters and Development Applications, and who have made arrangements with the General Manager to do so, are advised that this section of the Agenda will be considered at approximately 9.40am, following adoption of last month‟s Council meeting minutes.

 APOLOGIES

 CONFIRMATION OF MINUTES – Ordinary Meeting held 19 March 2014

 MATTERS ARISING FROM MINUTES

Agenda Council Ordinary Meeting – 16 April 2014

1. Delegates Reports

1.1 Country Mayors Association Meeting ...... 1

REPORTS OF STAFF

2. Planning and Environment Report

2.1 Review of Weed Management in NSW – Draft Report From Natural Resources Commission ...... 17

2.2 Development Applications Approved for March 2014 ...... 25

2.3 Development Application DA 2013/2294 – Additions to Existing Free Range Layer Farm, Gloucester Tops Road, Forbesdale ...... 28

2.4 Association of Mining Related Councils Inc Draft Coal Seam Gas (CSG) Policy ...... 61

3. Finance Services Report

3.1 Investment Report as at 31 March 2014 ...... 79

3.2 Quarterly Budget Review Statement to 31 March 2014 ...... 82

4. Technical Services Report

4.1 Tender T2/2013 for the Haulage of Road Making Materials and Tender T3/2013 for the Hire of Plant ...... 84

5. Works Operation Report

5.1 Works Operation Report ...... 86

Agenda Gloucester Shire Council Ordinary Meeting – 16 April 2014

6. General Manager’s Report

6.1 Actions from Resolutions or Requests from Council Meetings ...... 88 6.2 The Gloucester Dialogue ...... 91

6.3 2013/14 Operational Plan Performance Report to 31 March 2014...... 98

6.4 2014 National General Assembly of Local Government ...... 145

6.5 Landfill Works Tender ...... 159

6.6 Requests for Contributions ...... 164

7. Committee Reports

7.1 Section 355 Committees

7.1.i Draft Minutes of the Infrastructure & Works Committee Meeting held 25 March 2014 ...... 168

7.1.ii Draft Minutes of the Economic Development Committee Meeting

held 3 April 2014 ...... 172

7.2 External Bodies

7.2.i Meeting of the Mid North Weight of Loads Group held 3 March 2014 ...... 177

7.2.ii Meeting of Country Mayors Association held 14 March 2014 ...... 177

8. Government Circulars, Ministerials and Correspondence

8.1 Residents of Aged Care Units ...... 186

9. General Business

Agenda Gloucester Shire Council Ordinary Meeting – 16 April 2014 1. DELEGATES REPORTS

1.1 Country Mayors Association General Meeting – 14 March 2014 - Sydney

1. Meetings of the Association attract quality speakers including ministers, in a small forum providing greater opportunity to ask questions in a more relaxed way. Given the move to one association, the forum becomes more relevant.

2. The Mayor and General Manager attended.

3. There were 6 new councils attending and all member councils have renewed.

4. The Minister for Local Government, Hon Donald Page, presented:  thanked all councils for their leadership to their communities  wants submissions on the LG Review  many recommendations from the panel were positive  we can assume government support for JOs, important to regional planning and state/local relationship.  he is personally committed to establishing a LG financing agency  supports a change to FAG allocation but is a Federal decision and complex. He will look at what can be done through the state local grants commission.  he does not see the Task Force report as controversial but Act won‟t be rewritten in this term.  has signed a new inter government agreement, better communication, consultation, 2 meetings p.a.,  commented on Mining Rate changes to Act that is waiting on court cases and if provide good guidance will act.  repeated no forced amalgamations  timeline to cabinet about 3 months.

5. Presentation from Geoff Frost, Regional Research Leader, Bureau of Infrastructure, Transport and Regional Economics on the evolution of Australian towns. Looked at settlement patterns over years 1911, 1961 and 2006 and considered the causes, impacts and meaning for the future. Copy attached – note that mainland capitals are taken out to better demonstrate the pattern. Notes:

Most change occurred between 1961 and 2006, with significant population change in towns (2.3 million to 1.15 million in 1911-61). Loss of number of towns (641 compared to 299) and less than half the number of new towns appearing (53 cf 134)

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 1 2006 and we see the rise of the regional centres, the loss of many smaller regional towns and the spectacular growth of towns on the coasts

In 1911 the regional population in small towns showed as a quite flat structure with 18.1 per cent of Australia‟s population living in towns of between 200 and 1000 people. Nothing on the coats but then Industry that supported towns changed. There was an increase in wealth and life expectancy and technological change and the coming of the car. A lot of the infrastructure in small towns not needed, not maintained.

So a loss of internalised economies from change in the market because of the change in behaviour with individual markets shifting to regional markets with overlap and increases in competition, which has been a contributor to the rise of major centres. See slide on travel patterns.

He talked of “amenity” as in natural attributes, access to services or families. Then how the growth in wealth meant that more could live away from their work place and achieve amenity.

Thoughts – what are a town‟s assets, who might be attracted to them, more industry may not bring more employment, what are amenity values,

6. Constitution amendments were tabled – copy attached.

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 2 Country Mayors Association of Incorporation No. Y1955304

CONSTITUTION

Registered Date 21 December 2011, NSW Registry of Associations and Co- operatives (Ref: N4417974); Updated by Resolution of the Association 18 November 2011, replacing Constitution registered on 13 June 2008

NAME 1. The Association shall be known as “Country Mayors Association of New South Wales Incorporated”.

OBJECTIVE 2. To further the interests of regional and country areas in NSW by providing an effective voice and forum for country NSW Mayors

Recommended clause 2 “To further the interests of Country Councils by being an advocate on state wide issues and to act as an information sharing forum”

MEMBERSHIP 3. Those eligible for membership shall be the Mayors and General Managers of regional country Councils in NSW

Recommended clause 3 “Those Councils eligible for membership shall be Country Councils outside The Greater Sydney area, Newcastle and Wollongong metropolitan areas”

Recommended New Clause – “General Managers and Executive Officers of Regional Organisations are encouraged to attend and participate in the discussions of the Association

4. Any applicant for membership shall be nominated

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 3 by a Member and be supported by a majority of the members present at the meeting at which the written nomination, which has been previously consulted to members, is considered.

5. In the event of a Member being unable to attend a meeting, he/she may be represented by his/her Deputy or by an alternate representative nominated by the Member.

Recommended Clause 5 – “In the event of the Mayor of a member Council being unable to attend a meeting the Mayor may nominate an alternate delegate from his/her Council”

REGISTER OF 6. In accordance with Clause 3, current membership MEMBERS consists of the Mayor and General Manager of member Councils. This membership list may change from time to time in accordance with Clause 4. The Secretary shall maintain a list of current members.

Recommended Clause 6 – “current membership consists of the Mayor of member Councils. This membership list may change from time to time in accordance with clause 4. The Secretary shall maintain a list of current members”

FEES 7. Membership fees to the Association shall be determined at the Annual General Meeting each year. Membership fees shall fall due on the first day of each financial year.

Recommended Clause 7 – “Membership fees of the Association shall be determined at the Annual General Meeting each year. Membership fees for Councils with a population of less than 10,000 shall be 75% of the full fee. Membership fees shall fall due on the first day of each financial year”

MEMBERS’ 8. The liability of a member of the Association to

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 4 LIABILITY contribute towards the payment of the debts in relation to the winding up of the Association shall be limited to the amount, if any, unpaid by the Member in respect to membership fees.

CONDUCT OF 9. If disciplining of members is required, the MEMBERS Executive Committee shall review each case on its individual merits.

Recommended Clause 9 – “The provisions of the Model Code of Conduct for Local Councils in NSW shall apply in cases of alleged misconduct”

INTERNAL DISPUTES 10. Members who may have a dispute with the Association shall firstly address the Executive Committee, and if that does not resolve the issue, take the matter to an agreed third party for assistance.

Members who may have a dispute with fellow members of the Association shall seek the assistance of the Executive Committee in resolving the issue.

EXECUTIVE 11. The Committee of Management of the COMMITTEE Association shall be called the Executive Committee.

12. Membership of the Committee shall consist of the Chairman and Vice-Chairman of the Association and up to a maximum of six members as may be elected each year. The Secretary shall maintain a list of current Committee Members. If the Secretary is a Mayor then he/she shall also be a member of the Committee.

12(a). The Executive Committee may exercise the powers of the Association where delegated, or in the case of emergency.

12(b). The Executive Committee may convene a meeting through a phone/tele conference as determined by the chairperson, but this will be restricted to two such meetings per term.

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 5 13. The office of a member of the committee shall become vacant upon the grounds of resignation, or other reason as declared by the Executive Committee, or by virtue of expiry of term under these rules.

13(a). The Constitution of the Executive Committee shall be the same as for the Association with the exception of meeting dates.

13(b). The Executive Committee shall meet when the need arises after liaison with Executive members on a suitable date and time. Notice of a meeting shall be forwarded to members in writing with as much notice as possible.

13(c). Substitute members from representative Councils to the Executive Committee shall not be permitted.

14(a). Casual vacancies on the Executive Committee shall be filled by appointment of a Member of the Association to fill the vacancy as determined by the Executive and the Member so appointed is to hold office until the conclusion of the Annual General Meeting next following the date of appointment.

14(b). The quorum of the Executive Committee shall consist of four members.

GENERAL 15. The Association shall meet at intervals of MEETINGS-CALLING approximately three months or when required by OF the Chairman, unless otherwise decided by the Association.

16. Notice of meetings shall be forwarded to members in writing not less than ten working days prior to a meeting.

GENERAL 17. The rules governing the conduct of Council MEETINGS- Meetings as contained in the Local Government PROCEDURE Act 1993 and Regulations shall apply to the meetings of the Association.

Recommended Clause 17 – “The rules governing

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 6 the conduct of Council Meetings as contained in the Local Government Act 1993 and regulations and the Model Code of Conduct for Local Councils in NSW shall apply to meetings of the Association” 18. Notwithstanding the provisions of clause 9 the quorum for meetings shall be a number which is not less than one third (1/3) of the number of Cou n cil s w h o se rep resentatives are members of the Association

Recommended Clause 18 – “Notwithstanding the provisions of clause 9 the quorum for meetings shall be a number which is not less than one quarter (1/4) of the number of Councils whose representatives are members of the Association”

19. The Mayor and General Manager or their designate of each member Council shall be voting delegates.

Recommended Clause 19 – “The Mayor or their designate of each member Council shall be the voting delegate

20. Voting by proxy will not be applicable to the Association.

Recommended clause 20 – “Voting by proxy other than an alternate voting representative of a council will not be applicable to the Association”

GENERAL 21. Notices of Motion are to be forwarded to the MEETINGS-NOTICES Secretary fifteen working days prior to the meeting of the Association for inclusion on the Agenda.

GENERAL 22. The Secretary is responsible for ensuring minutes MEETINGS-MINUTES are taken and recorded at each meeting.

23. Minutes are to be distributed to members no

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 7 more than ten working days after the meeting.

24. A permanent copy of the Association‟s Minutes is to be kept by the Secretary.

ANNUAL MEETING 25. The Association shall hold an Annual Meeting in November of each year, at which meeting the Association shall: a) Appoint a Chairperson and Vice Chairperson to hold office for the ensuing twelve months.

b) Determine the annual membership fees for the Association.

c) Elect up to six Executive Members to hold office for the ensuing twelve months.

d) Appoint a Secretary to hold office for the ensuing twelve months..

26. The Chairperson, Vice Chairperson and Secretary shall hold office for a period no greater than two consecutive years, unless the Association otherwise determines by ordinary resolution.

27. The Secretary is designated as the Association‟s Public Officer.

FUNDS-SOURCE 28. Funds for the management of the Association are obtained from membership fees, and other sources as approved by resolution of the Association.

FUNDS- 29 The Secretary shall submit financial reports to MANAGEMENT each General Meeting and it‟s the duty of the Chairperson and the members to ensure that due care and responsibility is taken in relation to the management of the Associations funds.

Recommended new clause – “The Association will not gift any funds”

Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 8

30. The drawing of cheques shall be done in accordance with the requirements of the Associations Incorporation Act 1984. Cheques are to be signed by the Chairperson and Secretary.

31. It is the Chairperson‟s responsibility to arrange, with the authority of the General Manager of the host council, that an annual financial audit be undertaken by the host council‟s designated responsible accounting officer.

ALTERATION TO 32. No alteration to the Objective shall be made OBJECTIVE unless two months‟ notice in writing is first given and unless the alteration be supported by 75% of the members present at the meeting at which the vote is taken.

ALTERATION TO 33. Notwithstanding the provisions of Clause 18, no CONSTITUTION alterations to the Constitution shall be made unless two months‟ notice in writing is first given and unless the alteration be supported by 75% of the members present at the meeting at which the vote is taken.

COMMON SEAL 34. Custody of the Common Seal is to be the Chairperson‟s responsibility.

35. The Common Seal can only be placed on documents that the Association resolves so to do.

CUSTODY OF 36. The custody of books, documents and securities BOOKS of the Association are to be the responsibility of the Secretary.

INSPECTION OF 37. Members are welcome to inspect books, BOOKS documents and securities of the Association at any time. Arrangements for the inspection are to be made with the Secretary.

End of Constitution

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Delegates Reports Gloucester Shire Council Ordinary Meeting P a g e | 16 2. Planning and Environment Report

2.1 Review of Weed Management in NSW – Draft Report from Natural Resources Commission

Report Author: Manager Planning and Environment

Responsible Officer: Manager Planning and Environment

Executive Summary

The Minister for Primary Industries requested the Natural Resources Commission (NRC) to undertake an independent evaluation of the effectiveness and efficiency of weed management arrangements in NSW, given the significant impacts of weeds on the NSW economy and environment.

A draft report – Weeds – Time to get serious (available on the NRC website), has identified that the distribution and impacts of weeds in NSW is likely to continue to grow, and there is insufficient data to track the outcomes of most weeds management efforts or effectively plan where and how to best target investment in weed management. The report notes an estimated impact on environmental, economic and social well-being in NSW of $475 million in managing weeds in the state.

The report includes a number of recommendations under the headings of; prevention, eradication and management of widespread weeds; a tenure-neutral approach; strengthening response to new incursions; regional coordination and local service delivery for widespread weeds; accountability and performance improvement; simplified weed declarations to support management objectives; weed status certification; more effective risk management; and an enhanced research and development capability.

Through its involvement in the Mid-North Coast Weeds Coordinating Committee, Council has been involved in an overview of the recommendations and has identified a number of concerns listed in the table in the attachment to this report. This information is being referred to the State Government as an input on the Draft Report and is being referred Council for information.

Recommendation

That the information in regard to the State Government review of weed management in NSW be received and noted.

Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 17

Detailed Report

In their report the NRC found that the effectiveness of weed management arrangements varies significantly across NSW. They identify that there are significant opportunities to simplify the often complex or duplicated planning, delivery and funding arrangements for weed management and that there is much room to improve efficiency and ultimately deliver better outcomes.

Many of the findings are consistent with those of previous reviews, including the need for strong leadership and improved accountability. The report identifies that it is the action and cooperation of people that deliver the best weed management outcomes and this has been evident through Council‟s involvement in the highly effective Mid-North Coast Weeds Coordinating Committee. The committee has had efficient and effective management, has proven to be successful in attracting grant funding and directing resources, to outcomes on the ground in respective local areas.

The report advocates the need to build capacity and close working relationships between all stakeholders involved.

An assessment of the recommendations finds that there is a reasonable amount of agreement with many of the findings. Council should note however a couple of significant concerns;

 The recommendations include a proposal for Local Control Authorities (i.e. councils) to provide property weed status certifications at point of sale of properties. This will apply to all properties greater than 1 ha in area and should be issued and assessed every five years. There are reasonable concerns about the liability of advice being provided as well as the resources necessary to carry out this task.  The recommendations about improving performance and accountability are fundamentally targeted at auditing of LCAs without corresponding service delivery standards being applied to any state government agency (LLS, DPI, Crown Lands, RMS, NSW Forests, etc.)  It is considered that there is insignificant emphasis placed on the lack of resource in of weed management activity throughout the state which is the major barrier to improved outcomes. Without additional resources, the increasing focus on planning, certification, monitoring of performance, etc may lead to less resources for on ground works.

Statutory/Regulatory Considerations

The draft report is dealing with administrative and procedural changes at this stage, though there will need to be regulatory and statutory changes to guide implementation.

Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 18 Alignment with Strategic Plan

Council's IP& R framework includes a commitment to effective management of noxious weeds in the local area.

Financial and Resource Implications

The proposed amendments may impact Council's capability in regard to resourcing weed management.

Risk Consideration

Council will need to remain engaged in the process of review to maintain our understanding of obligations under amended processes and procedures.

Attachments

1. Weeds review recommendation and focus group comments.

Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 19 WEEDS REVIEW RECOMMENDATIONS & FOCUS GROUP COMMENTS

Overarching comments:  There is insufficient detail on how the recommendations will be implemented, particularly with regard to resourcing and timeframes. Specific areas that require more detail are noted in the table below.  In addition to understanding how the proposed framework will operate, Local Government also needs timely notice if/before structural changes are to be implemented. For example, some organisations have reporting responsibilities to both the Tax Office and the Office of Fair Trading that will need to be attended to as a part of any structural change.

Recommendation - detail Position/Comment 1a Tenure-neutral approach to weed management  Agree with concept but it isn’t clear as to whether this means all land managers would be required to control all weeds on property, or simply prevent them from escaping property boundary? Also, who will regulate the likes of NPWS, Forestry etc – LCAs?  Tenure-neutral approach should apply to high weed classifications (Classes 1 & 2) but for Classes 3 & 4 the regionally agreed obligations should apply.  Check Victorian system to see how/if that works b Simplified weed categories:  2 categories too simplified, don’t account for the scale of infestation, climatic o state does prevention & eradication variation etc and what’s weed in one place may not be an issue elsewhere o all others do widespread weeds (doesn’t work on interstate scale)  Classifications should be tied to Invasive Species Plan goals. 2 types of enforceable mgt plans, to be enforced by weeds  Implementation methodology is missing. Question whether it will work and can officers this be delivered in a practical sense.  Need consistency across NSW in how plans are developed. 2a NSW Govt to establish incursion fund,  Agree with need for incursion fund – current fund is only $100,000 and this is not  with contributions from LLS ratepayers (flat rate) plus $$ nearly enough to contain and eradicate new incursions. from ‘governments’ (not clear if this includes LG?)  Funding arrangements should be negotiated between all relevant parties , and this  used only for on-ground works may depend on the weed  MWAC to determine when $ are used  Need clear policy on what is considered eligible for incursion funding and then quick decision/action by MWAC.  Some concerns in using LLS ratepayer contributions towards this (especially if addition to existing LLS rates) as many new incursions are urban garden escapees, and these landholders are not typically subject to LLS rating. b Enforceable weed eradication plans consistent with response Support preparation of enforceable weed eradication plans but do not support plans for other biosecurity responses to be developed by NSW limiting funding arrangement discussions to just DPI & LLSs. Depending on the weed,

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 20 Govt (DPI) in consultation with relevant LLS & LCAs, and other parties may need to be involved in the discussions. endorsed by MWAC. Funding arrangements to be negotiated between DPI and LLSs. 3a 3 weed categories: (see 1b) 1. Prohibited from entering NSW 2. To be eradicated 3. Managed as widespread weeds on a regional basis Weeds to be declared at a scale that provides for strategic approaches to weed mgt eg Vic is at CMA-scale. b Ministerial Weeds Advisory Committee responsible for Support concept of Advisory Committee, however it is critical that representatives transparent evaluation of weed declarations, based on with technical and operational knowledge and experience are strongly represented, so assessment of potential long-term risks and impacts to the as to ensure decisions /recommendations from this group are implementable. As economy, environment and community. such, we strongly recommend the Weeds Officer Association is represented on  3 skills based reps MWAC.  3 stakeholder reps  4 govt agency reps Important that MWAC:  Independent chair  Has a clear process and policies for deliberating issues and making recommendations to the Minister; MWAC would;  is informed by Regional Weeds Committees, and that there is a streamlined  advise the Minister whether new incursion warrants process by which that can occur; release of $  is enabled to communicate its recommendations to the wider weeds  Making final rec to minister on weed declarations, deleting ‘community’ from Cat 2 or shifting them from Cat 2 to 3.  Providing general policy advice when requested by Minister c Implementing a permitted list for sale of plants in NSW within Supported - this is a positive step in the right direction, and commencing with aquatic 5 years, starting with aquatic. plants is also supported as this should provide a relatively simple way to test the approach before rolling out more broadly. Nurseries to develop initial list, MWAC to review, then public consultation to occur. The NRC has not indicated who would be responsible for enforcement of the permitted list – LG requests advice on roles, responsibilities, and how it will be resourced. A further issue is policing plant sales over the internet. 4a Local service level delivery by LCAs Supported. b Develop 11 statutory regional weed ctees comprising LCAs, Support regional weed committees (RWCs) as statutory committees that operate on public & private landholders and community members as sub- regional basis.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 21 ctees to LLS. However, we have some concerns that using LLS boundaries effectively divides up  LLS to appoint Chair of each Ctee some existing RWACs that work well, but can see merit in moving to a standardised  LCAs to work with LLS and local cty groups to develop regional grouping for invasive species eg LLS have Invasive species committees. targeted public educ programs to support regional plans LG is fundamentally opposed to the strategic planning function moving to LLS (through the RWCs). Despite LCA membership on RWCs, the RWCs Chairs will be appointed by LLS and run by LLS, and there are concerns that those familiar with what needs to be done on the ground will be diluted through the proposed RWC governance structure.

LG is also concerned as to whether RWCs will be combined with Invasive Species Ctees, further diluting the focus on weed management. c RWCs to develop regional plans and priorities for widespread RWACs currently prepare regional plans and surveillance plans under the WAP weeds and surveillance program, so LG is unsure as what change is recommended here with regard to planning documentation (if any).  Regional surveillance plans to indicate resources reqd.  DPI to allocate WAP funding to LLS, using risk-based and With regard to fund distribution, LG is concerned that: strategic funding allocation process.  Adding LLS to the funding pathway will merely increase transaction costs, reducing  LLS then allocate $ to LCAs in accordance with regional funds available for on-ground delivery. plans.  There is no certainty that the LLS will allocate funds to one or more of the relevant  LCAs should be required to commit specific co- LCAs ie it may decide to undertake the works itself or sub-contract to other contributions for fulfilling duties not related to mgt of their parties. [This will need more reasoning other than ‘we wont get any $’] own land and roadsides. LG notes that the allocation of funds from DPI to LLS to delivery will be audited against  LLS can raise weed-specific levies. regional plans.

[Query with NRC the intent of shaded dot point – LCAs are funded via rates and through WAP or Aust Govt. As a land manager, LG pays for weed management on council-managed land. Is NRC saying LG should also chip in to broader weed mgt (with those funds potentially coming back to it as the delivery body)? d All regional plans based on best avail local knowledge, Agree with intent research etc e Encourage state bodies and AG to align funding with regional Agree with intent priorities 5a Improve performance & accountability by strengthening Support higher penalties, and penalties reflecting severity of impact. enforcement provisions in any new legislation: Support simplifying requirements for taking enforcement action.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 22  higher penalties  Assigning enforcement action beyond Weed control notice LG has concerns about lack of clarity around enforcement roles if LLS are responsible to LLS for one part of the weed control ‘spectrum’ eg if LCA issues a weed control notice but the matter progresses to the next stage of enforcement, how will this be implemented practically? Potential problems with:  Potential inefficiencies of different parties being involved,  chain of custody for information (handover from LCA to LLS),  consistency of information collected and used. b Developing state-wide service delivery stds for LCAs Why are only LCAs being targeted for development of service-delivery standards? If DPI to audit LCAs and if not performing then hand over going to develop standards then they should be developed for LLS and DPI as well. If surveillance responsibilities to LLS. we must have a service delivery standard, it should only be a minimum set of requirements that apply state-wide and/or a basic list of responsibilities.

LG has concerns over the capacity and commitment of DPI to conduct audits, given the significant lack of auditing of LCAs undertaken by DPI to date. c Assigning an independent state-level auditor to assess LLS and Support auditing and oversight of the responsible allocation and use of public funds. DPI performance, and the extent to which funding has been Following on from previous point, DPI & LLS would also require service delivery allocated in line with strategic priorities standards against which they are audited. d Provide for consistent state-wide mapping LG is very supportive, and has in fact been calling for this for a long time. Std - Std data protocols and record-keeping reqts protocols and ready access to data are essential for effective weed management. - Develop/maintain state-wide data sharing system for tracking weed distribution & density LG has some current funding for a project under WAP Innovative Weeds Funds (Rod Ensby) [Contact Rod for additional detail on this project, for referencing] e Ensuring data is readily available to stakeholders and regional Agree (see above) mgrs for adaptive mgt 7a Create general biosecurity obligation Agree. b Establish a property weed status certifications scheme Agree with intent of regular inspections of properties but needs careful thought  Delivered by LCAs, under accreditation needed as to whether the scheme proposed will meet the intent.  All properties >1ha  If an area can meet the inspection regime, then it should be encouraged to do so.  Certificates issue and assessed every 5 years  If the intent is education and raising awareness, perhaps instead consider a  Certificates attach to s149/ sale & lease of land ‘weeds status’ document that shows what weeds are (and where) in a 1kn radius  Update more frequently at request & fee of the property in question?  Phased in over 5 years  Need to consider the logistics of the scheme and call for the preparation of

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 23  Effectiveness & consistency of scheme to be monitored by standard processes and documentation, particularly around the legalities eg what LLS and periodically evaluated by DPI are council liabilities if a weed appears the next year?  Are there privacy issues in relation to issuing s64 certificates (which need vendor approval)?  Time/resource requirements for inspections will differ depending if a 1ha or 5,000ha property.  LG will need to phase such a scheme in as there is likely to be a sudden, initial demand for certificates for land transfers etc. c Require registration of commercial entities eg nurseries and Support registration of nurseries/plant sellers, as they are seen as a significant fodder distributors pathway. Requiring registration of fodder producers/distributors could be a significant undertaking in the Riverina as many farms bale and send fodder north. Alternative suggestion is for a quality assurance program where a farm can apply for accreditation as being “weed-free” (but this raises similar questions to those above about the farm is weed-free today, but cant be guaranteed tmrw). Any system needs to consider how ‘bad’ a weed is and whether it is already an issue in the receiving location for that shipment of plants/fodder. d Enable establishment of industry contribution schemes and No issues with this. auditable compliance requirements e Appointing LLS as the single authority to control declared Aquatic weed management must have state-wide consistency and coordination to be aquatic weeds within a specified region effective, particularly given LLS boundaries no longer operate to catchment boundaries. LG would prefer to see a single organisation that has responsibility at State level. 7a NSW Govt to rebuild and maintain weeds research capacity Agree – this is fundamental, as is funding (next recc) b Establish secure long term funding strategy AGREE! Delivery of all of the NRC’s recommendations will require increased funding and effort, and there is a significant risk of cost shifting to LG. c Prioritise areas for research and facilitate coordinated Agree strategic research investment d Support researchers to effectively communicate findings to Agree land managers e Ensure best avail research and chemical choices to manage risk Note that LG does understand resistance management and the limitations of of herbicide resistance chemicals, however there are legal and practical restrictions which may mean that - “Councils should have a rotation policy that they are sometimes the same chemicals/techniques must be used. audited against” (7.7 pg 104)

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 24 2.2 Development Applications Approved for March 2014

Report Author: Planning & Environment Administration Officer

Responsible Officer: Manager of Planning and Environment

Executive Summary

The General Manger and Manger of Planning and Environment have delegated authority to approve certain development applications and all others are approved by Council. All development applications approved since last meeting are listed hereunder for Council‟s information.

RECOMMENDATION

That the report be received and noted.

DELEGATED CONSENT Applicant SUBJECT LAND NATURE OF

AUTHORITY NO DEVELOPMENT

OR

COUNCIL

Delegated 2000/209/02 Binhit Pty Ltd Lot 49 DP 1049070 Modification to Subdivision 489 Thunderbolts Way

Barrington

Council 2002/522/02 Mr PK & Mrs NL Lot 40 DP 807183 Modification to Fencing Beaton 7 Henderson Street

Gloucester

Delegated 2010/1946/03 Calco Surveyors Pty Lot 1 DP 783098 & Lot 4 DP Modification to Ltd 1036723 Subdivision

21 Barrington East Road

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 25 Barrington

Delegated 2014/2316 Rennie Golledge Pty Lots 84 & 96 DP 753153, Lot Boundary Adjustment & Ltd 12 DP 256027 & Lot 1 Consolidation of Land DP512314

3115 Scone Road

Cobark

Delegated 2014/2317 Calco Surveyors Pty Lots 1 & 2 DP 128196, Lots 2, Boundary Adjustment & Ltd 3, 6 & 7 DP 245949 & Lots 7, Consolidation of Land 10, 11 & 12 DP 753159

3041 & 3141 Thunderbolts Way

Tibbuc

Delegated 2014/2318 Mr BC Clarke Lot 1 DP 779402 Change of Use

102 Church Street

Gloucester

Delegated 2014/2323 Calco Surveyors Pty Lots 1, 2, 3, 4, 5 & 6 DP Boundary Adjustment & Ltd 718039, Lots 3, 6 & 9 DP Consolidation of Land 753164 & Lot 72 DP 830678

Gloucester Tops Road

Invergordon

TOTALS

Total No for 1st March 2014 to 31st March 2014: 7

Total Value of works for March 2014: Nil

Total No for 1st March 2013 to 31st March 2013: 13

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 26 Total Value of works for March 2013: $1,738,110

Alignment with Strategic Plan/Program

This report enables Councillors to keep abreast of current levels of development activity.

Financial and Resource Implications

Nil.

Policy Implications

There are no policy implications in regard to this report.

Statutory/Regulatory Considerations

Nil.

Attachments

Nil.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 27 2.3 Development Application DA 2013/2294 – Additions to Existing Free Range Layer Farm, Gloucester Tops Road, Forbesdale

Report Author: Planning & Regulatory Services Unit Manager.

Responsible Officer: Manager Planning and Environment

Applicant: PSA Consulting

Owner: Pace farm Pty Limited

Zoning: RU1 Primary Production

Executive Summary

Note: This item was deferred from the March 2014 Ordinary Meeting of Council. The proposed development involves an extension of the existing five shed free range poultry layer farm at 32 Gloucester Tops Road, Forbesdale. The applicant is proposing the construction of five new sheds (and restoration of the damaged Shed 5), and accompanying free range paddocks directly to the north of the existing farm. The subject site is currently zoned RU1 Primary production, with the proposed development considered to meet zone objectives.

The application has been referred to a number of agencies for comment, notified to the local community and assessed against the requirements of relevant legislation and Council‟s policy framework. It is recommended for conditional consent.

Recommendation

It is recommended the proposed development application DA 2013/2294 for Additions to the Free Range Layer Farm be approved subject to the conditions as set out in Attachment 3.

Detailed Report

Background

Pace Farm is a 100% Australian family owned and operated company, providing fresh shell eggs and egg products to supermarkets, restaurants and food manufacturers. The site has operated as a poultry laying farm for approximately 10 years. The site operation currently consists of 5 poultry laying sheds (one of the sheds is decommissioned due to fire damage), feed silos, egg sorting and packing shed, fenced free range areas, heavy vehicle loading and manoeuvring areas, and a caretaker‟s residence. The laying sheds and ancillary infrastructure are wholly enclosed by a chain link fence and vegetated buffer for security and bio-security

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 28 purposes. Currently, the existing sheds accommodate 15,000 hens each, giving the farm a total of 60,000 birds. The maximum capacity of the current operations is 75,000 birds (with the fifth shed operational).

Free range areas are provided for the current sheds and the birds are free to range in the designated areas for up to eight hours per day between the hours of 10am and 6pm (subject to weather conditions). Shed ventilation consists of a combination of mechanical and natural ventilation options. The mechanical ventilation system is employed when the outside temperature exceeds 32°C, with large diameter axial fans pulling air through the entire length of the shed with cool pads at the opposite end, maintaining internal temperatures at approximately 22°C. Ventilation panels are fully closed with the chickens remaining in the sheds during mechanical ventilation.

Waste in the form of spent litter (wood shavings and manure) is transported offsite every 60 weeks. Broken eggs and mortalities are buried on site in a designated composting area.

Subject Land

Pace Farm is located at 32 Gloucester Tops Road, Forbesdale on the north western corner of Gloucester Tops Road and The Bucketts Way, approximately 10km south of Gloucester township and consists of Lots 100 and 101 DP 883793 (total site area 84.8Ha). The site is located within a rural area and surrounded by properties used for a range of agricultural, horticultural and rural pursuits. The immediate surrounding properties are utilised for low density cattle grazing.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 29 Subject Land – 32 Gloucester Tops Road, Forbesdale

Proposed Development

The proposed development involves the construction of five new sheds, the rebuilding of existing Shed 5 and the construction of accompanying free range paddocks directly to the north of the existing farm. The construction of the six sheds (one rebuilt, five new) will have a GFA of 2,041m2 each, and will be 130m long, 15.7m wide, and have a maximum height of 8.7m.

The new sheds will accommodate 30,000 hens each, increasing the total bird population of the farm to a maximum capacity of 240,000. The new sheds will operate in a manner consistent with the existing farm. All necessary infrastructure including telecommunications, electricity, water supply and on-site septic water treatment is currently provided. Alterations to existing MCW infrastructure is required to enable supply to the proposal.

Statutory/Regulatory Considerations

The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979. The following issues have been considered as part of this assessment:

(a)(i) – The provisions of any environmental planning instrument (EPI)

State Environmental Planning Policy No 44 – Koala Habitat Protection

The aim of this policy is to encourage the proper conservation and management of vegetation that provides habitat for koalas.

The subject site provides no koala habitat or feed trees and is unlikely to support use or occupation of koalas.

Policy Implications

Gloucester LEP 2010

Permissibility:

The subject site is located within the RU1 Primary Production zoning under the Gloucester Local Environmental Plan 2010. Intensive Livestock Agriculture is identified as permissible with consent under this zone.

Zone Objectives:

The subject site is zoned RU1 Primary Production under the Gloucester Local Environmental Plan 2010. The objectives of the RU1 Primary Production Zone are as follows:

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 30 • To encourage diversity in primary industry enterprises and systems appropriate for the area.

• To minimise the fragmentation and alienation of resource lands.

• To minimise conflict between land uses within the zone and land uses within adjoining zones.

• To encourage eco tourism enterprises that minimise any adverse effect on primary industry production and the scenic amenity of the area.

The proposal is consistent with the objectives of the zone.

Gloucester DCP 2010

The application has been assessed against the provisions and objectives of the Gloucester Development Control Plan 2010. The following sections of the DCP relate to the proposed:

4.6 Building Line Setback Guidelines

Objectives of this section are:

• To ensure that future development: o Is generally consistent with the setbacks acceptable to the general community o Is functional o Retains existing visual characteristics and allows for landscaping to enhance the streetscape of the area wherever possible

The proposed development complies with the objectives and provisions of this section and reinforces the rural character of the area.

4.8 General Car Parking Guidelines

Objectives of this section are:

• To ensure that future development: o Is generally consistent with the setbacks acceptable to the general community o Is functional o Retains existing visual characteristics and allows for landscaping to enhance the streetscape of the area wherever possible.

The proposed development complies with the objectives and provisions of this section. There is adequate space for additional car parking to service staff and any limited visitor demand.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 31 Detailed car parking engineering plans are required to be submitted for construction certificate purposes as part of the proposed consent conditions.

4.9 Setback Distance to Residential Development

Objectives of this section are: o To reduce potential conflicts arising due to the location of a development to a residential building or use. o To protect an agricultural, forestry, commercial, industrial or other use from the encroachment of residential buildings or uses due to a single development or from land subdivision.

The proposed development complies with the objectives and provisions of this section. The proposal will not result in the establishment of a poultry farm within 400m of a residential use.

4.11 Approval of Applications

The purpose of this section is to advise the public on how all applications will be assessed by Council as delegated under the Local Government Act 1993. As the proposed development has an estimated total value of $9.5 million and a further $764,650.00 in MidCoast Water Development Charges it is reported to Council for determination.

4.12 Waste Not DCP

This section of the DCP requires all applications for development to be accompanied by a Site Waste Minimisation and Management Plan (SWMMP) to demonstrate compliance with the objectives of the Waste Not DCP. The Statement of Environmental Effects accompanying the application details the Waste Management procedures for the site.

Spent litter (manure and wood shavings) is removed and replaced every 60 weeks and is transported offsite to be used as a soil additive and fertiliser on agricultural properties. The new proposed sheds will include an automated manure collection system that collects litter from nesting areas on a regular basis to increase animal welfare and increase cleanliness of eggs and collection infrastructure. This manure is discharged directly into a truck for transportation offsite.

Broken eggs and mortalities are removed from the sheds as soon as possible and disposed of through burial on-site at a located separated from the sheds and free range areas in accordance with EPA Guidelines.

No liquid wastes are generated from the laying process however, a small volume of wash down water is generated during cleaning procedures. This water is directed away from the sheds by stormwater swales and discharged onto the adjoining paddocks for irrigation.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 32 (b) – The likely impacts of the development

Context and Setting

The subject land has historically been used as poultry farm and exists within a rural setting.

Access, transport and traffic

The proposed development is accessed via the existing connection to Gloucester Tops Road with no direct access onto The Bucketts Way. This access exceeds the minimum requirements for sight distance for a 100km/h road for trucks as specified in Austroads Guide to Road Design Part 3: Geometric Design. The existing road network is capable of accommodating the small increase in vehicle movements associated with the proposal.

Services

The proposed development is located at the limit of MidCoast Water‟s service area for water supply. The proposed development will result in an annual demand for 23,000kL/annum with a peak day demand of 118kL supplied off the MCW supply. It has been demonstrated that these demands can be satisfied subject to the utilisation of time variable flow control and 200kL onsite water storage.

MidCoast Water have provided approval to the proposal subject to conditions. These conditions include the extension of MCW water supply infrastructure, investigation of Integrated Water Cycle Management for the site and submission of hydraulic plans that detail the proposed time variable flow control devices, storage arrangements, onsite pumping and end uses, details of any fire control or suppression, and required backflow protection.

Heritage

No heritage items have been identified on the site.

Natural Hazards

The subject land is not Bushfire Prone Land and is not currently identified as being flood affected.

Man-Made Hazards

There are no known man-made hazards associated with the proposal or subject land. The structures are to be constructed in accordance with the Building Code of Australia and will have suitable fire control mechanisms, waste management and control processes in place.

Economic Impact in the Locality

The proposed development will have a positive economic impact in the locality through the provision of increased employment opportunities and associated economic activity. The

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 33 business currently employees 6 full time staff members. That number will double to 12 full time employees to service the proposed additional sheds.

Social Impact in the Locality

The proposed development is unlikely to result in a detrimental social impact in the locality. The provision of additional employment opportunities is likely to assist with social cohesion within the community.

Other Land Resources

The proposed development will provide a valuable use of agricultural land in the locality.

Pollution and Off-site Environmental Effects

The proposed development will not result in any offensive pollution. The application is accompanied by a waste management plan. Appropriate stormwater controls are conditioned to ensure no off-site environmental effects occur.

An Odour Impact Assessment (OIA) was undertaken by a suitably qualified and reputable consultancy to assess the potential impact on adjoining properties. This assessment employed the use of CALPUFF Version 6.42 odour dispersion model as this program is recognised as providing more discrete data in relation to complex topographical situations like those that exist in the Gloucester basin than the typical program ASPLUME (that is recommended by OEH). Modelling was based on an assumption that the facility be fully stocked with layer hens, operating for 365 days per annum with a performance criteria of 5.0 OU, demonstrating that with the exception of the caretaker‟s residence onsite, results are well below the odour emission criteria for adjoining dwellings (sensitive receptors).

Flora and Fauna

There are no recorded Threatened Species, endangered populations or ecological communities on the subject land. There is little, sparse vegetation on the subject site that is unlikely to provide habitat value or contribute to wildlife corridors. There is no removal of vegetation in association with the proposed development.

Noise and Vibration

The proposed development is unlikely to result in any offensive noise and vibration impacts in the locality due to the distances from adjoining properties. The fan units are positioned to direct both noise and odour away from the nearest dwellings on adjoining farmland.

Energy Impacts

There are no significant energy impacts associated with the proposal. The operation of the sheds will employ a mix of mechanical and natural ventilation options.

Site Design and Internal Design

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 34 The proposed development is considered to be appropriately designed, both externally having regard to the locality, and internally having regard to its functionality. The proposed sheds are consistent with the design of the existing sheds and will have a maximum height of 8.7m above finished floor level.

Construction

Likely construction impacts are considered acceptable within the locality.

Cumulative Impacts

The proposed development is considered to be unlikely to result in detrimental cumulative impacts in the locality.

(c) The suitability of the site for the development

The subject land is currently used for poultry farming activities and is located within an established agricultural area. The proposed intensification of the current activity is consistent with the use and expectation of development in the area. There are no significant constraints associated with the land that would obstruct the proposed development.

(d) Any submissions made in accordance with this Act of the Regulations

The proposed development was advertised to the general public and adjoining neighbours notified for a period of 14 days from the 30th October 2013 to the 13th November 2013. During this time, 3 submissions objecting the proposal were received by Council. The applicant provided a response to those submissions. Refer to Attachment 2.

The issues raised in the submissions relate to:

1) Odour

Issues:

• Odour report using base data from Western Australia (S1)

• Disagreement with the SEE that „no change in the situation with respect to odour is expected on adjoining residence‟ (S1)

• Risk of increase in odour impact due to the size of the operations on the site (S3)

• Disagree with PSA Consulting Report as adjoining residents can currently smell sheds (S3)

Applicant Response:

The Statement of Environmental Effects (SEE) includes a Level 3 Odour Impact Assessment prepared by Advitech Environmental. The Odour Impact Assessment has been prepared in accordance with the NSW OEH publications including the Approved methods for the Modelling

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 35 and Assessment of Air Pollutants in NSW. The SEE identifies expected odour sources and receptors on site. The SEE does not state that no changes are expected in relation to odour emissions however, that the level of odour at these receptors is within acceptable levels and meets acceptable odour concentration levels.

Planning Comment:

The proposal meets minimum requirements regarding potential odour impacts using best available modelling programs.

2) Dust

Issues:

• Potential for dust from the sheds and extraction of fans affecting the adjoining properties (S3)

• Dust causing pollution of drinking water, with adjoining residents relying on rainwater runoff from the roof for drinking water (S3)

Applicant Response:

Sheds are to be constructed with concrete flooring and as such, minimal dust is generated by layer sheds. The SEE outlines that manure from nesting box areas will be collected by a conveyor twice weekly and removed from site. To minimise dust production from external free range paddocks, a rotational system within 3 separate free range paddocks will be implemented to allow sufficient time for paddock recovery, and worker and truck drivers are to minimise vehicle speed when travelling on unsealed roads.

Planning Comment:

Current management practices ensure there is minimal dust generated as part of the operations. Extraction fans are oriented to minimise dust and odour impacts to adjoining properties.

3) Bird Mortality

Issue:

• Concern over appropriate space and location on site for planned method of burial of bird mortalities (S1 & S2)

• Concern over water contamination if mortalities buried near waterways (S1)

• Suggests that mortalities be incinerated as is currently done on site using a low odour incinerator

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 36 • Disposal of mortalities through burial will create health concerns for residents, cattle and water runoff (S1 & S2)

• Concern over how much acceptable management of disposal will be maintained (S2 & S3)

• Concern that mortalities will create additional odour impacts if incinerated as is currently done on site (S3)

• Concern that burial of mortalities on site will attract wild dogs and increase numbers within the area (S1, S2 & S3)

Applicant Response:

The SEE proposes and outlines above ground composting of deceased birds, not burial. In accordance with standard industry practices, mortalities will be collected daily and composted in a designated composting area, involving a clearly defined and fenced bunker with an area of approximately 1000m2. The compost is regularly collected and taken off site.

The compost is located centrally on site and is approximately 230m from any watercourse, does not generate odour and is an efficient, organic and low carbon footprint process for the disposal of birds.

Planning Comment:

Waste management is undertaken in accordance with relevant standards and requirements and in a manner to ensure effective bio-security of the site.

4) Pest Management

Issues:

• Belief that recent conversion to free range has resulted in an increase in wild dogs in the area (S1, S2 & S3)

• Lack of assistance and cooperation of the farm manager with surrounding residents in helping to tackle and control wild dog numbers (S3)

• Increase in the number of crows as a result of free range conversion which are a threat to the welfare of not only the poultry but also to the stock of adjoining land owners, eating out the eyes of baby calves and stressing calving cows (S3)

• Lack of management of Parramatta Grass Weed over the proposed development site (S1)

Applicant Response:

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 37 As part of free range operations, birds are able to roam for 8 hours per day in designated paddocks, typically between 10am and 6pm. The paddocks are fenced off and do not allow wild dogs or other land based animals to come in contact with the poultry.

The applicant is unaware of any approaches made by neighbours in regards to the management of wild dogs; however, the applicant is happy to assist in an appropriate manner.

Regular weed removal and management is undertaken by the farm manager. The applicant is not aware of any current weed issues.

Planning Comment:

The proponent currently undertakes effective pest management to ensure the bio-security of the operations.

5) Visual Intrusion

Issue:

• Request a buffer zone involving tree planting around the perimeter of the farm to visually screen sheds from view (S1 & S2)

• Request a five to seven year management requirement of vegetation and screening on site (S1 & S2)

Applicant Response:

The sheds are located centrally within the 84.8 hectare property. The sheds are located over 500m away to the nearest neighbour. The sheds will be built with muted colours and with a low profile.

Planning Comment:

Sufficient landscaping is currently undertaken on the property to address potential visual impacts associated with the proposal.

6) Farm Management

Issue:

• Boundary fence required to be strengthened and repaired to reduce animals roaming through adjoining properties (S1)

Applicant Response:

Boundary fences are currently maintained to prevent access of unauthorised visitors or animals to ensure Bio-security of the operations.

Planning Comment:

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 38 The proposed activity is managed to ensure the bio-security of the facility and it is in the proposal‟s best interests to ensure the boundary fencing is maintained.

7) Noise

Issues:

• Noise from shed fans required for ventilation is of concern (S1, S2 & S3)

• Request ventilation fans be of low noise output (less than 62dB (A)) (S1, S2 & S3)

• Request fans be located on the side of sheds facing east towards Bucketts Road (S1, S2 & S3)

• Noise impacts from trucks, semi trailers, forklifts, feed augers and ventilation fans (S3)

• Road traffic noise impacts exacerbated by the current quality of the access road to farm (S3)

• Request for curfew on truck movements, feed augers, and ventilation fans to only operate outside the hours of 10pm to 6am) S3)

Applicant Response:

The new ventilation fans will have a low noise output of 65dB (A) at 7m, are enclosed and will be regularly maintained and cleaned to ensure smooth running and noise reduction. The closest residents to the fans are located 650m to the south and perpendicular to the fan direction. It is not expected that the operation of fans will be an issue for surrounding properties.

The proposed expansion will result in negligible changes to current operations. An average increase of 1 truck movement per day and 6 to 12 movements per day for private vehicles is expected. The vast majority of these movements will be during daylight hours; as such a curfew on truck movements is not required.

Planning Comment:

It is considered that the operations maintain adequate setback distances to adjoining properties and are unlikely to result in unacceptable noise impacts, above those expected for agricultural activities.

8) Amenity

Issues:

• Concern on the location of paddocks 9,10,7 and 6 being too close to adjoining residences with potential noise, amenity, sleep disturbance and property valuation impacts (S2)

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 39 • Impact of proposed development on established B&B business that adjoins the farm (S3)

Applicant Response:

Free range hens produce minimal odour and is not seen as a noisy industrial operation. During the night, hens move back to the sheds (no rounding up required) and any bird noise is contained within the sheds.

The farm has been in operation of rover 10 years, and is of a size and scale consistent with the intent and expectations for RU1 primary production zoning.

The B&B property is located over 900m from the proposed sheds, and the free range paddocks do not extend closer than 165m from boundary. This setback also contains a vegetated watercourse which provides for visual and physical separation. Accordingly, it is not anticipated that the development result in any unreasonable impacts on surrounding properties.

Planning Comment:

It is considered that the operations maintain adequate setback distances to adjoining properties and are unlikely to result in unacceptable noise impacts, above those expected for agricultural activities.

9) Infrastructure

Issue:

• Increase in demands on water, electricity and local road infrastructure (S3).

Applicant Response:

The applicant has been working with Mid Coast Water to determine the potential requirements in respect to water servicing. In regards to traffic, it is predicted that the extension will result in negligible changes to the current operations. This has been discussed in Part 7 above. Due to the small number of movements and current intersection arrangements, no changes to the road network are necessary or proposed.

Planning Comment:

MidCoast Water have determined there is sufficient ability to upgrade the existing water service infrastructure to accommodate the proposed development without impacting on existing supply and demand. These upgrade costs will be borne by the proponent and form part of the consent conditions.

It is considered that the issues raised within the submissions are able to be addressed through the application of the consent conditions.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 40 (e) The public interest

The proposed development is consistent with current public policy and community interests as it will ensure the ongoing viability of an existing agricultural undertaking in the locality without significantly impacting the environment or surrounding properties.

Financial and Resource Implications

There are no financial and resource implications associated with the proposed development for Council.

Risk Considerations

The proposed development is not considered to result in any adverse environmental impacts on the natural environment or upon surrounding properties in terms of odour, noise, visual impacts, traffic generation or privacy. The proposed development is consistent with the nature of the rural locality and will operate in accordance with all relevant standards. The development will also create 6 additional fulltime positions and result in significant investment in the site.

Attachments

1. Proposed Development 2. Received Submissions 3. Conditions

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DETAILS OF CONDITIONS

DEFERRED COMMENCEMENT CONDITIONS nil

GENERAL CONDITIONS OF THIS CONSENT

1. Development is to be in accordance with approved plans

The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 19/03/14 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

Plan No/Supporting Version Prepared by Dated Document Statement of 2 PSA Consulting(Ref- 18 October 2013 Environmental Effects 0269) Odour Impact Rev 2 Advitech 28 June 2013 Assessment environmental Proposed Site Layout V5 PSA Consulting 13 May 2013 SK01 PF/MP/4239r2-M - Big Dutchman 18.08.13 PF/MP/‟4239r2-M - Big Dutchman 18.08.13 PF/MP/4239r2-M - Big Dutchman 18.08.13

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

2. Consent Granted For Works within the Road Reserve

This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

Work Standard to be Provided Rural driveway The access is to be suitable for two (2) wheel drive vehicles with 4m wide gravelled pavement of 150mm depth within a 6m wide formation.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 56 Council requires the driveway to be sealed from the edge of bitumen to the cattle grid.

3. Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply: a to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b to the erection of a temporary building.

4. Compliance with fire safety provisions required

The applicant must comply with the Category 1-fire safety provisions of Part 7B. (P2) of the Building Code of Australia. Building work, only as and if necessary to comply with Category 1 fire safety provisions, may be carried out. These requirements do not apply to the extent to which an exemption is in force under Clause 187 or 188 of the Environmental Planning and Assessment Regulation 2000, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188(4).

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

5. Erosion and Sedimentation Control Plan

The plans and specifications to accompany the construction certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the NSW Department of Housing Manual (1989), Managing Urban Stormwater, Soils and Construction.

The sediment and erosion control plan must be prepared by a suitably experienced person such as a person certified by:

• The Institution of Engineers, Australia, for engineering and hydrology matters.

• The International Erosion Control Association for soil conservation matters.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 57 • The Australian Society of Soil Science for collection or analysis of soil data.

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

6. Car parking plans required

The engineering plans and specifications are to be prepared and submitted by suitably qualified and experienced persons. See Aus-Spec #1 DQS.06 Designers Qualifications.

Engineering plans and specifications are to be submitted in duplicate and must include details in accordance with AS/NZS 2890.1:2004 – Parking facilities.

The application is to include plans and specification that indicate access, parking and details in accordance with the plans approved by this consent. The access, parking and manoeuvring for the site is to comply with the requirements of Council‟s Development Control Plan for Car Parking. Provisions for 20 car spaces is to be made available.

Plans are to include, but not be limited to, the following items: a Traffic movement plan. b Truck movements have to be separate from car parking area. c Each parking spaces to be clearly identified. d Signs clearly indicating the availability of off-street parking and the location of entry/exit points.

The plans must be in compliance with Council's Adopted Engineering Standard. Such plans and specifications must be approved as part of the Construction Certificate.

7. Contribution to be paid towards provision or improvement of amenities or services

Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Evidence of payment of the contributions is to be provided to the Principle Certifying Authority prior to the issue of the Construction Certificate.

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 58

Schedule of Contributions Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

Public amenity or Unit Type Contribution Contribution Date until which service Rate (Amount Levied Contribution per unit) Rate is applicable Bushfire Service Per Lot/ET $150 $300 30 June 2013 Roads (see also Per Lot/ET Plus $6,490 $13,880.00 30 June 2013 5.1.2 road Works $/km Apportionments $107 $2,118.60 (General) Recreational Per Lot/ET $181 $362.00 30 June 2013 Facilities Preparing Plans Per Approval $35 $35.00 30 June 2013 Administration Per Lot/ET $1,434 $1,434.00 30 June 2013 Building TOTAL $18,130 30 June 2013

8. Bond required to guarantee against damage to public land

A bond of $1,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets caused as a result of construction works under this consent.

This bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council‟s roads, footpaths etc.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

9. Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur: a Monday to Friday, from 7.00 am to 6.00 pm. b Saturday, from 8.00 am to 1.00 pm.

No construction work is to take place on Sundays or Public Holidays.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 59

10. Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

REASONS FOR CONDITIONS

To comply with the provisions of Gloucester Local Environmental Plan.

To provide adequate off street parking space for the anticipated traffic that will be generated by the development.

To ensure the development is completed in accordance with conditions of consent and approved plans.

To provide funds for the provision of services and facilities as required by the increased population or activity.

To protect the environment.

NOTES

Construction Certificate required

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing.

Occupation Certificate required

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 60 2.4 Association of Mining Related Councils Inc Draft Coal Seam Gas (CSG) Policy

Report Author: Planning & Regulatory Services Unit Manager

Responsible Officer: Manager Planning and environment

Executive Summary

The Association of Mining Related Councils (AMRC) prepared a draft Coal Seam Gas policy which was considered by the Association at its meeting on 27 February 2014. The draft policy has been circulated to all member councils for consideration (Attachment 1).

Council, at its meeting of 20 February 2014 resolved to adopt the Mining and Extractive Industry Policy for inclusion in its policy register (Attachment 2). The draft AMRC Coal Seam Gas policy is not inconsistent with Council‟s recently adopted Mining and Extractive Industry Policy however, provides some further detail regarding Coal Seam Gas extraction.

Recommendation

That Council provide in principle support for the proposed draft Coal Seam Gas policy subject to the following comment:

 Request that indirect, direct and cumulative impacts of coal seam gas extraction to biodiversity, water resources, land use and the community be examined prior to the approval of any further CSG activity in NSW.  Advocate for the inclusion of R5 Large Lot Residential Zone as identified in the Standard Instrument LEP, acknowledging it as a residential zone, therefore prohibiting Coal Seam Gas development as part of the coal seam gas exclusion zone in the State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 61

Detailed Report

The Association of Mining Related Councils has been discussing the introduction of a policy for the development of the coal seam gas (CSG) industry in New South Wales. Gloucester Shire Council has, through its membership with the AMRC, advocated for such a policy.

A draft Coal Seam Gas policy was developed by the Executive Committee. The aim of this policy is to adopt it in due course so that the Association will have a position when dealing with government and relevant departments/agencies that are responsible for the CSG industry as it develops in NSW. The draft policy was considered by the Association at its meeting of 27 February 2014 and has been circulated to member Councils for consideration. Comments were sought by 10 April 2014 however GSC sought, and was granted, an extension to allow the matter to be considered at the 16 April 2014 Council Meeting.

Council, as a member Council of the Association of Mining Related Councils Inc will have a further opportunity to review the draft policy at the next quarterly meeting to be held in West Wyalong of Friday 9 May 2014.

The AMRC draft Coal Seam Gas Policy is not inconsistent with Council‟s recently adopted Mining and Extractive Industries Policy however, provides an opportunity to add some further comment specifically related to Coal Seam Gas extraction activities as they occur in NSW. In particular, point 3 of the draft policy states:

The AMRC calls upon the state government to release as soon as possible the findings of the Chief Scientist and to commission with the key industry groups, peer reviewed research demonstrating the possible impacts of CSG mining on, effects of ground water and surface water systems, effects related to the use of chemicals, effects related to hydraulic fracturing, effects on greenhouse gas and other emissions and the nature and effect of remediation under the Petroleum (Onshore) Act 1991 and under clause 14 of SEPP (Mining Petroleum Production and Extractive Industries) 2007.

It is considered that this point should be expanded to also request that indirect, direct and cumulative impacts of coal seam gas extraction to biodiversity, water resources, land use and the community be examined prior to the approval of any further CSG activity in NSW, as this aligns with the Council‟s adopted Mining and Extractive Industry policy.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 62 Furthermore, the policy should advocate for the inclusion of R5 Large Lot Residential Zone, as identified in the Standard Instrument LEP, acknowledging it as residential zone, therefore prohibiting Coal Seam Gas development as part of the coal seam gas exclusion zone in the State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007.

Attachments

1. Association of Mining Related Councils (AMRC) draft Coal Seam Gas Policy 2. Gloucester Shire Council Mining & Extractive Industry Policy

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 63

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 64

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 65

Name of Policy: MINING AND EXTRACTIVE INDUSTRIES POLICY

Date of Adoption by Council: 20 February 2014 Last Review Date: not yet applicable Review Timeframe: Every two years or as required Next Scheduled Review Date: 20 February 2016 Related to Legislation: Local Government Act (1993) Environment Planning and Assessment Act (1979) Associated Policies/Documents: The International Council of Mining and Metals (ICMM) – 10 Principles Gloucester Shire Council – Framework for Protecting and Enhancing Our Community – Future Development Principles; 2013 Responsible Director: Director of Planning and Environment

Preamble

The Gloucester Valley is a narrow strip of land between two mountain ranges generally running north/south. The landscape has historically been used for agricultural purposes, and Gloucester has evolved as an important district Centre to meet the needs of its rural community. The confined nature of the landscape adds to its scenic qualities, but it means that any impacts from mining get contained and distributed along the valley.

Whilst local mining is, in national terms, relatively small-scale in nature, the historical land use and the landscape itself is also small-scale. Mining activity therefore has the potential to create significant impacts in the local community.

Mining is also a relatively new land use except for very small scale localised extraction along gullies and where coal has outcropped near the surface. Our first significant commercial mine was established near the village of Stratford in 1995. Extensive exploration and increasing new

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 66 development applications have significantly increased the potential for mining to have an impact in our local community.

The Gloucester Valley landscape has been used for agricultural purposes for a significant period of time, and mining is the newcomer. The area over which mining is occurring, and is proposed to continue to occur, is not remote, but is displacing agricultural activity.

Council is also keen to ensure that there is continuous improvement in mining processes, and that new standards can be continuously applied to existing mining operations. There is much said about new mines performing to international best practice. Improvements in techniques for rehabilitation of the landscape; new machinery which can operate at significantly less noise generation levels; and improvements such as the covering of coal storage stockpiles and coal wagons transporting coal, to minimise dust; are examples of the continuous improvement Council would be keen to encourage as mining progresses in the area.

The State Government's Strategic Regional Land-Use Planning approach has certainly encouraged additional mining to occur, but it has failed to address constraints in regard to where mining should not occur. Recent amendments to the mining SEPP in regard to coal seam gas have placed some limitation on gas extraction around the residential settlement, critical industry clusters and strategic agricultural lands. The local community has identified strategically significant parts of the local landscape where it has considered mining should not occur, and Council has established planning controls to protect these environmentally significant lands around the town of Gloucester. This has not been supported or recognised by the State Government, and this has led to significant conflict in our local community. The Government has also failed to address appropriate setbacks to open cut coal mines, whilst it has established setbacks for coal seam gas fields (2 km for new gas fields to residential development – this setback does not apply to the Gloucester approval) and wind turbines (2 km). In light of increasing health concerns regarding open cut coal mines, Council is keen to advocate action by the government in regard to this shortcoming.

Policy statement

This policy specifies;

 Council’s expectations in regard to applications for new mines, or expansion of existing mines in the local area;  Compliance and monitoring requirements of approved mines;  Specific roles for Council; and  Community’s expectations of mining companies operating in our area.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 67 Background

The issues of coal mining and CSG extraction are key issues within our local community. They create passionate responses on all sides of the argument. Decisions about future extractive industry activity in the Valley are likely to be the major influence on the future of our local area.

In putting our first Community Strategic Plan together in 2012, Council acknowledged the significance of this issue, where it was noted that Council “has committed to a thorough investigation of the issues, so that all potential impacts may be considered and comprehensively addressed”. It went on to say that “Council will continue to act as an advocate for the community to ensure that environmental, social and economic issues are adequately considered within the mining debate”.

Council recognises that extractive industry exploration and development has the potential to deliver benefits to Gloucester Shire, the region, the State and the Nation including; the provision of energy; direct and indirect employment; increased expenditure on goods and services; private sector funding for community development; royalties to the State; and tax revenue streams to government. Council also recognises however that extractive industry competes for a wide range of natural resources of the local area (such as land, air and water), and may have significant detrimental impacts such as;

 making a significant contribution to greenhouse gas emissions;  impacts on community health, due to noise and dust pollution generated during blasting, loading and transport of mineral products and exposure to heavy metals;  impacts on local amenity through increased noise, dust, light disturbance to the night sky;  impacts on groundwater flows due to excavation, subsidence of landform or the interception of aquifers;  land clearing and the loss of habitat;  land adjacent to mining projects suffer a loss of value, even to the point of being unsaleable;  price pressures and impacts on the availability of affordable housing, especially for tenants on fixed incomes;  impacts on the landscape, with rehabilitation resulting in an artificial rather than natural topography and leading to visual scars, with initial mounds, terminal pits and permanently altered geological structure resulting in possible permanent land-use change;  result in a severe degradation or loss of agricultural land, and displacement of some agricultural industries;

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 68  lead to loss in other economic sectors, such as agriculture, lifestyle retirement and tourism;  impacts on the reputation of the town as a delightful and scenic rural town;  results in other social impacts, such as disempowering of communities, loss of a “sense of place”, population growth followed by the decline, and breakdown of social ties and community cohesion. As well as cumulative environmental impacts, there are substantial economic issues related to jobs (both within and outside of mining activity), training and housing issues that need to be addressed. The community has expressed a long standing and fundamental concern with the potential impacts on our local water resources as a consequence of all mining activity.

Local impacts include such things as apprentices being trained in local businesses but then attracted to the higher paid jobs in local mines. This also has the corresponding difficulty of other industries being able to afford to engage labour with appropriate skills against the mining industry.

Council has adopted a statement of Future Development Principles (Annexure 1) that seek to capture the things that are valued in our community against which future mining proposals will be assessed. A copy of that statement is attached to this document.

Council is committed to research, monitor and respond, as appropriate to the long-term and cumulative impacts of resource extraction (as stated in our Operational Plan). We have established an Extractive Industry Working Group which has been given the task to establish a land use strategy focused on extractive resources that will allow us to put forward a best outcome for our valley. That work is intended to be completed by the end of 2014.

Council is also keen to ensure that there are productive partnerships between all stakeholders so that we can endeavour to get the best outcomes for our community.

OBJECTIVES OF THE POLICY

 To ensure that local values relating to lifestyle and quality of life, including public health, amenity, biodiversity, water (both surface and ground), and other economic sectors (such as agriculture and tourism) are adequately considered and protected from the expanded extractive industry activity in the Gloucester Basin.  To ensure that any existing extractive industry activity is monitored and managed effectively to meet all conditions of development consent, and will be managed in and endeavour to continuously improve operational practices to reduce environmental impacts wherever practicable.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 69  To ensure mining companies build a commitment to international best practice standards for mining activity in our area, and participate as active citizens in community affairs. POLICY

1. The Role of Council The principal role for Council is to advocate on behalf of the Gloucester community. Council is not the determining authority for mining applications, but no other organisation has the interests of the community of Gloucester as its principal focus.

In regard to current and future proposals for extractive industry, Council will;

a. Assume a leadership role in negotiating with the State government and resource companies to provide outcomes that provide benefit to our community, and individuals within the community where appropriate; b. Acknowledge that the minerals in the Shire belong to the people of NSW and that exploration for minerals, gas and energy resources will continue; c. Seek to establish a clear Extractive Industries Strategy to identify opportunities for further development of extractive resources, and areas where extractive resource activity should be excluded from the local area, through amendments to the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industry) 2007; d. Advocate to the State Government for the establishment of a 5 km setback to open cut coal mines for residential development; e. Ensure that the impacts on Gloucester Shire Council infrastructure are adequately compensated for in the immediate and future life of that asset; f. Effectively lobby state and federal government to financially support the infrastructure needed to adequately deal with any additional local extractive industries approved by the State government; g. Ensure a comprehensive examination of potential impacts on surface and groundwater in the Gloucester Basin is carried out, and demand a “no net impact” outcome as a consequence of mining in regard to domestic and irrigation aquifers used in the local community; h. Seek to identify key natural and environmental assets, and potential risks to those assets, including cumulative impact; i. Advocate for the establishment of a rigorous risk management assessment of cumulative impacts on biodiversity, water, land and the community as a consequence of extractive industry development;

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 70 j. Advocate for effective monitoring, and seek a more active role in the compliance of approved extractive industry operations, with meaningful response to community complaint. k. Facilitate an open dialogue and discussion within the community of all stakeholders, based on the sharing of accurate knowledge to encourage an informed debate about issues related to mining.

2. Expectations of Mining Companies Council is keen to ensure that local mining companies operate to international best practice standards in their mining activity. There is concern that international companies can operate to better standards in their own country than what they might do in our local area.

Council expects mining companies operating in our local area to;

a. Operate in accordance with the 10 Principles adopted by the International Council of Mining and Metals (ICMM) which are; . implement and maintain ethical business practices and sound systems of corporate governance; . integrate sustainable development considerations within the corporate decision- making process; . uphold fundamental human rights and respect for cultures, customs and values in dealing with employees and others who are affected by our activities; . implement risk management strategies based on valid data and sound science; . Seek continued improvement in our health and safety performance; . contribute to conservation of biodiversity and integrated approaches to land-use planning; . facilitate and encourage responsible product design, use, reuse, recycling and the disposal of our products; . contribute to the social, economic and institutional development of the communities in which we operate; and . implement effective and transparent engagement, communication and independently verified reporting arrangements with our stakeholders. (See an annexure 2 for extended description of these 10 principles)

b. Support individual property rights in regard to unwelcome drilling, exploration and/or extraction activities. c. Participate with Council and the community in monitoring and compliance review of approved activities with openness, honesty and integrity; to ensure appropriate

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 71 management practice; compliance with conditions of consent; and improvements in operational performance and activity. d. Actively engage with the community in addressing issues arising from extractive industry activity and by substantive contributions to enhancement and improvement programs.

POSITION STATEMENT IN REGARD TO EXISTING EXTRACTIVE INDUSTRY ACTIVITIES

Council is keen to ensure that all extractive industry proposals for our local government area are considered fairly and openly. We are committed to negotiating the best outcome for our local community in terms of jobs, improvements to infrastructure and contributions to public improvements; to be measured against the environmental impacts of any proposed development.

Council is keen to work with the management of existing and future mining activities in an endeavour to ensure mining operations gain a social licence from the local community, based on the principles included in this policy statement.

Stratford

The existing mine at Stratford is coming to an end of its current consent, and has lodged an application for extension of the project. Council did not initially oppose this application in recognition of the economic contribution made to the Valley by this mine, but in light of the initial assessment of the application by the Department of Planning and Infrastructure and it’s draft conditions of consent, has now resolved to oppose an approval on the basis identified.

Council did ask for amendments to the proposal so that future mining would not come closer to Stratford, would not operate for 24 hours/day and that the landscape would be left in a condition reflective of the pre-mining topography and soil conditions.

AGL CSG approval

Council recognises that conditional consent has been granted for Stage 1 of the Gloucester Gas Field by both the State and Federal governments.

Council is endeavouring to ensure that there is strict compliance with all statutory requirements of the two consents, in light of its commitment to ensure that the long term and a cumulative impacts related to this proposal are clearly understood. Council is keen to ensure that genuine scientific and risk data regarding a number of issues related to CSG extraction are fully considered before consent is granted to move to production activity.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 72 Council is actively involved in the development of a comprehensive understanding of the potential impacts on local water resources of this approved development. The community has been keen to ensure that a Gloucester Basin-wide assessment is carried out in regard to water issues. The Federal Government's Bioregional Assessment of the Gloucester Basin will substantively provide this evaluation. Council is keen to ensure that practices that may propose risk to this community are not pursued until that risk can be properly addressed Council has also developed a partnership with AGL, so that other detailed issues (flooding of the Gloucester and Avon rivers; produced water management for example) can also be assessed to supplement the work of the Federal Government in their Bioregional Assessment. Council’s Water Study Project and the Peer Review of AGL's project specific documentation will enable a comprehensive understanding of potential impacts on existing water assets in light of this proposed development. Council will advocate that no decision be made at either State or Federal level to allow the gas field to move to production before the results of the comprehensive water studies are available. Council is also keen to negotiate some setback from the approved gasfield to the areas zoned for Large Lot Residential (R5) in the southern parts of the town, and improvements to public infrastructure as a consequence of the development. Proposed Rocky Hill Coal Mine

Council has established and maintained a long-standing opposition to this proposed mine. This opposition has included documentation of Local Environmental Plans that have zoned the site for environmental conservation purposes in both 2000 and 2010; opposition to the issue of exploration licences over the above-mentioned areas; and opposition to the current development application. In preparing its current Community Strategic Plan Council surveyed the local community to establish it’s preparedness for resources to be allocated to the opposition of this mine. The results of that survey identified that 78% of the local community agreed with Council taking this action. Council has received independent economic advice that the project is not economically viable and will have only marginal economic benefits in our community. Any potential benefits need to be assessed against potential significant negative impacts on other economic sectors. In a comprehensive report Council has identified 53 grounds for refusal of the application and has forwarded to this submission to the Department for their consideration in their assessment

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 73 of this application. A copy of Council’s submission is available on Council’s web page and in the library.

The Framework for Protecting and Enhancing Our Community– Future Development Principles

The following table documents in our community's values and expectations in regard to future development. They have been developed by Council in response to potential significant changes resulting from major extractive industry activity, but can apply to any future development proposed in our community.

What we value – What we expect – Our fellow residents – To live healthy lives – To have wide choices in occupations and activities – To be able to contribute to and engage in community activity – To support and care for each other Our work – Job opportunities across all economic sectors – Support of local businesses – Priority for local employment Our young people – Building of skills to meet local employment opportunities – To develop sustainable employment Our environment –Sustainable management of our soils – Maintenance of clean air – Preservation, conservation and protection of local water resources – Protection of ecological communities Our property and land – Respect for property ownership – Build value in land ownership – Respect for and preservation of our picturesque rural landscape Our infrastructure – Maintain and develop infrastructure to meet community needs –That development contributes fairly infrastructure upgrades Our services – That a broad range of affordable services are available to meet the needs of the community Social harmony – To Build community through mutual respect – To maintain and support community through inevitable change – To speak freely and honestly without undue threat Good governance – To make well informed decisions with active engagement – That people will do the right thing – To consider cumulative impacts – To build trust through open and honest dialogue – To promote sharing of responsibility between all stakeholders Our future – To have security against known risks – To receive a ‘risk premium’ for hosting businesses that pose knowable risks

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 74 Energy – To use energy resources wisely – To promote renewable energy forms Amenity – To respect and preserve the tranquillity of our rural landscape – To understand, value and appreciate the night sky Annexure 2– 10 Principles of the International Council of Mining and Metals

Principle 1.

Implement and maintain ethical business practices and sound systems of corporate governance.

 develop and implement company statements of ethical business principles, and practices that management is committed to enforcing  implement policies and practices that seek to prevent bribery and corruption  comply with or exceed the requirements of host-country laws and regulations  work with governments, industry and other stakeholders to achieve appropriate and effective public policy, laws, regulations and procedures that facilitate the mining, minerals and metals sector’s contribution to sustainable development within national sustainable development strategies. Principle 2.

Integrate sustainable development considerations within the corporate decision-making process.

 integrate sustainable development principles into company policies and practices  plan, design, operate and close operations in a manner that enhances sustainable development  implement good practice and innovate to improve social, environmental and economic performance while enhancing shareholder value  encourage customers, business partners and suppliers of goods and services to adopt principles and practices that are comparable to our own  provide sustainable development training to ensure adequate competency at all levels among our own employees and those of contractors  support public policies and practices that foster open and competitive markets. Principle 3.

Uphold fundamental human rights and respect cultures, customs and values in dealings with employees and others who are affected by our activities.

 ensure fair remuneration and work conditions for all employees and do not use forced, compulsory or child labour  provide for the constructive engagement of employees on matters of mutual concern

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 75  implement policies and practices designed to eliminate harassment and unfair discrimination in all aspects of our activities  ensure that all relevant staff, including security personnel, are provided with appropriate cultural and human rights training and guidance  minimize involuntary resettlement, and compensate fairly for adverse effects on the community where they cannot be avoided  respect the culture and heritage of local communities, including Indigenous Peoples. Principle 4.

Implement risk management strategies based on valid data and sound science.

 consult with interested and affected parties in the identification, assessment and management of all significant social, health, safety, environmental and economic impacts associated with our activities  ensure regular review and updating of risk management systems  inform potentially affected parties of significant risks from mining, minerals and metals operations and of the measures that will be taken to manage the potential risks effectively  develop, maintain and test effective emergency response procedures in collaboration with potentially affected parties. Principle 5.

Seek continual improvement of our health and safety performance.

 implement a management system focused on continual improvement of all aspects of operations that could have a significant impact on the health and safety of our own employees, those of contractors and the communities where we operate  take all practical and reasonable measures to eliminate workplace fatalities, injuries and diseases among our own employees and those of contractors  provide all employees with health and safety training, and require employees of contractors to have undergone such training  implement regular health surveillance and risk-based monitoring of employees  rehabilitate and reintegrate employees into operations following illness or injury, where feasible. Principle 6.

Seek continual improvement of our environmental performance.

 assess the positive and negative, the direct and indirect, and the cumulative environmental impacts of new projects – from exploration through closure  implement an environmental management system focused on continual improvement to review, prevent, mitigate or ameliorate adverse environmental impacts

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 76  rehabilitate land disturbed or occupied by operations in accordance with appropriate post- mining land uses  provide for safe storage and disposal of residual wastes and process residues  design and plan all operations so that adequate resources are available to meet the closure requirements of all operations. Principle 7.

Contribute to conservation of biodiversity and integrated approaches to land use planning.

 respect legally designated protected areas  disseminate scientific data on and promote practices and experiences in biodiversity assessment and management  support the development and implementation of scientifically sound, inclusive and transparent procedures for integrated approaches to land use planning, biodiversity, conservation and mining. Principle 8.

Facilitate and encourage responsible product design, use, re-use, recycling and disposal of our products.

 advance understanding of the properties of metals and minerals and their life-cycle effects on human health and the environment  conduct or support research and innovation that promotes the use of products and technologies that are safe and efficient in their use of energy, natural resources and other materials  develop and promote the concept of integrated materials management throughout the metals and minerals value chain  provide regulators and other stakeholders with scientifically sound data and analysis regarding our products and operations as a basis for regulatory decisions  support the development of scientifically sound policies, regulations, product standards and material choice decisions that encourage the safe use of mineral and metal products. Principle 9.

Contribute to the social, economic and institutional development of the communities in which we operate.

 engage at the earliest practical stage with likely affected parties to discuss and respond to issues and conflicts concerning the management of social impacts  ensure that appropriate systems are in place for ongoing interaction with affected parties, making sure that minorities and other marginalized groups have equitable and culturally appropriate means of engagement  contribute to community development from project development through closure in collaboration with host communities and their representatives

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 77  encourage partnerships with governments and non-governmental organizations to ensure that programs (such as community health, education, local business development) are well designed and effectively delivered  enhance social and economic development by seeking opportunities to address poverty. Principle 10.

Implement effective and transparent engagement, communication and independently verified reporting arrangements with our stakeholders.

 report on our economic, social and environmental performance and contribution to sustainable development  provide information that is timely, accurate and relevant  engage with and respond to stakeholders through open consultation processes.

Planning and Environment Report – 16 April 2014 Gloucester Shire Council Ordinary Meeting P a g e | 78 3. Finance Services Report

3.1 Investment Report as at 31 March 2014

Report Author: Finance Manager

Responsible Officer: Finance Manager

Executive Summary

Council is required to adopt the monthly report on its holding of cash and investments held at the end of each month in accordance with the Local Government Code of Accounting Practice and Financial Reporting.

Recommendation

Council notes the investments summary report to 31st March 2014 and endorses actions taken by the Responsible Accounting Officer in respect of investments since the February 2014 Council meeting.

Detailed Report

All Investments for the month of March have been made in line with the adopted investment policy.

Council purchased one CDO investment with Commonwealth bank in 2007 worth $500k. Since this time the investment's value has been reduced to zero. Council has instructed Piper Alderman through International Litigation Partners Pty Ltd on a no win no fee basis to try and re- coup the lost investment.

The case went to mediation on 8 October 2013, and at this time no progress has been made. Piper Alderman are still optimistic that the case will be resolved through mediation, however this will be a longer process than anticipated due to the number of claimants involved. The next mediation date is 9th April 2014. Results are unknown at the time of writing this report.

Council has fully written down the investment to a zero balance.

Alignment with Strategic Plan/Program

Direction 5, Objective 1: Ensure sound local governance practice

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 79

Financial and Resource Implications

Council endeavors to make the most of the cash it holds through investments keeping within the limits of the Investment policy.

Policy Implications

No implications

Risk Considerations

All risks set out in the investment policy have been considered.

Statutory/Regulatory Considerations

Financial Reporting Regulations under the Local Government Act require Council to be advised of the detail of Investments held by it at the end of each month to endorse actions taken by the Responsible Accounting Officer.

Attachments

1. Investment Report.

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 80 INVESTMENTS AS AT 31st March 2014 On Call Previous Investments Month As at Date Current Rate Borrower Rating Cash Account Market Value 31/03/14 (last w orking day) 2.40% CBA AAA $118,508 4.53% $919,942 31/03/14 2.50% CBA (Business Saver) AAA*/A1+ $0 $0 0 Sub total $118,508 $919,942 Term Deposits Due Date Length (Days) Current Rate Borrower Rating Principal Value Market Value Portfolio % 27/05/14 63 3.35% Bank of Queensland A2 $250,000 $250,000 9.55% 22/04/14 84 3.90% Bank of Sydney Unrated $250,000 $250,000 9.55% 22/04/14 53 3.28% National Australia Bank A1+ $250,000 $250,000 9.55% 02/04/14 120 3.55% National Australia Bank A1+ $250,000 $250,000 9.55% 10/04/14 121 3.70% CBA A1+ $250,000 $250,000 9.55% 03/06/14 91 3.50% National Australia Bank A1+ $250,000 $250,000 9.55% 06/05/14 67 3.28% National Australia Bank A1+ $250,000 $250,000 9.55% 20/05/14 78 3.60% Wide Bay Australia A2 $250,000 $250,000 9.55% 10/05/14 152 3.70% CBA A1+ $250,000 $250,000 9.55% 10/06/14 77 3.45% ME Bank A2 $250,000 $250,000 9.55% Sub total $2,500,000 $2,500,000 2.68% Average BBSW Benchmark Rate for the month 2.66% 3.43% Council's average(includes cash) 3.48% Total $2,618,508 $3,419,942 POLICY LIMITS Per rating Policy Limit Actual Per single institution Policy Limit Actual (Largest) A1+ or above 100% 57% *A1+ or above 50% 40% A1 or below 60% 38% A1 or below 33.30% 10% Unrated 20% 10% Unrated 33.30% 10% * does not include current account In accordance with Local Government (General) Regulation 2005 - paragraph 212, I certify investments have been made in accordance with the Act, the Regulations and Council's Investment Policy. Susie Jones Responsible Accounting Officer

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 81 3.2 Report – Quarterly Budget Review Statement to 31 March 2014

Report Author: Finance Manager

Responsible Officer: Finance Manager

Executive Summary

The Quarterly Budget Review Statement (QBRS) presents a summary of Council's financial position at the end of each quarter. It is the mechanism whereby Councillors and the community are informed of Council's progress against the operational plan (original budget) and the last revised budget along with recommended changes and reasons for major variances.

The QBRS is composed of, the following budget review components:

 Statement by the responsible accounting officer on council's financial position at the end of the year based on the information in the QBRS  Budget Review Income and Expenses Statement by function to align with the operational plan  Budget Review Capital Budget by function to align with the operational plan, and also  Budget Review Capital Budget by activity/program  Budget Review Cash and Investments position  Budget Review Key Performance Indicators and  Budget Review Contracts and Other Expenses

Detailed Report

A summary of the budget review results are as follows:

Operational Capital Total Original Budget 3,201,636 1,701,646 4,903,282 Carried Forward 12 (12) 0 Q1 Amendments (39,448) 52,743 13,295 Q2 Amendments 120,900 (149,667) (28,767) Q3 Amendments (122,820) 121,393 (1,427) 3,160,280 1,726,103 4,886,383 Less Non Cash items (4,912,500) (4,912,500) Plus Weight of Loads (not included in above) 44 44 Total (1,752,176) 1,726,103 (26,073)

This Budget Review shows Council's budget with a projected cash Surplus of $26,073. This is an improvement of $1,427 from the previous quarter. This is an improvement on the original budget, which had a cash surplus of $9,173. It is noted here that this is only the CASH result, and operationally Council started with an Operating Loss (plus depreciation, less net capital expense) of $3,201,636 which has now improved to a loss of $3,160,280 (a movement of $41,356), while the net capital budget has increased by $24,457 to $1,726,103.

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 82 The Cash flow shows that Council currently has a projected year end Unrestricted balance worth $45,015 which is improved but still very low, and does not allow for much contingency within the budget. Also if revenue is received slow, or received in the next period Council will have to borrow funds from its restricted reserves to fund already spent expense budgets.

This is reflective of a Council which consistently works with an operational loss.

Alignment with Strategic Plan/Program

This report relates to Council‟s Operational Plan/budget, and also to Direction 5- Governance and Partnerships- ensure sound local government practice.

Financial and Resource Implications

As per the report.

The revised budget allows Council to finish with an unrestricted surplus position, although it is extremely sensitive to any variance in the budget which could either be to overspends, or from changes to negotiated grant or other budgeted income.

Policy Implications

Nil

Risk Considerations

If Council does not receive all its budgeted income, or overspends on its budgeted expense lines, there is a very large chance Council will have to borrow funds from its internally or even externally restricted funds. The implications of this could include a breach of conditions for any grant funds held for work which has not been completed, or could leave Council in a vulnerable condition regarding its operations which have internally restricted reserves, as those reserves will not be available.

Statutory/Regulatory Considerations

Council is required to consider each quarterly financial review within 2 months of the close of the quarter.

Recommendation

That the Quarterly Budget Review to 31 March 2014 and the recommended changes noted on the various statements be adopted for 2013-14 budget.

Attachments

1. Quarterly Budget Review Statement for Quarter ended 31 March 2014.

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 83 4. Technical Service’s Report

4.1 Tender T2/2013 for the Haulage of Road Making Materials and Tender T3/2013 for the Hire of Plant

Report Author: Manager Technical Services

Responsible Officer: Manager Technical Services

Executive Summary

Council entered into a panel contract with a number of companies for both provision of haulage and for the hire of plant. At the February Council Meeting, an additional company that originally submitted a tender but did not comply with the requirement to have an ACN has now indicated that they are prepared to form a Company and therefore request inclusion in the panel contract.

Recommendation

That subject to Tobe‟s Excavations forming a company within the next 3 months, the company so formed be offered contracts for inclusion on:-

1. Panel contract for the haulage of road making material for trucks with or without a trailer (Tender T2/2013); and

2. The panel contract for the hire of plant for an excavator and water cart (Tender T3/2013.

Detailed Report

Council is referred to reports 4.2 and 4.3 in the Business Paper of 20 February 2014 Council Meeting and items 4.2 and 4.3 of the Minutes of the Ordinary Meeting of the Gloucester Shire Council held 20 February 2014 (particularly resolutions 21/14 and 22/14).

Both these resolutions provided that Council enter into panel contracts with certain companies who submitted valid tenders. It was also reported that discussions with one tenderer that did not have an ACN had revealed that they did not intend obtaining an ACN. Since then, Council has received an email stating that they were now willing to form a company, subject to advice that Council would include them in the panel contract after they had obtained an ACN. They now have all the documentation ready to submit to obtain an ACN.

Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 84 Council included another sole trader in its resolution for the plant hire panel (item 2 of resolution 22/14) subject to their forming a company within 3 months, ie “that subject to Mr Paul G Ritter forming a company within the next 3 months, that the company so formed be offered a contract for inclusion on the panel contract for the hire of a low loader at the rate set out in the tender.”

It is suggested that by allowing Tobe‟s Excavations to be included in the panel tender, it will improve Council‟s ability to access trucks and plant and provide a more competitive environment for the local operation. Further, the original tender as submitted by Tobe‟s Excavation, was a non conforming tender, but with impending registration as a company, that tenderer would then become a conforming tenderer.

Hence the recommendation that a similar resolution be made to enable Tobe‟s Excavations to be included on the panel tender contracts for the haulage of road making materials and plant hire.

Alignment with Strategic Plan

The actions of the recommendation align with Direction 1, ie maintaining core infrastructure, objective 2 – ensure the road system meets the transport needs of the community, strategy 2.1 – ensure road standard levels of service identified in Council‟s asset management system are achieved and strategy 2.3 – review and improve road maintenance practices and procedures.

Financial and Resource Implications

By adding to the panel contract to engage hire plant for use in Council‟s maintenance and construction operations will add additional capacity as required to enable efficient use of Council‟s resources.

There are no adverse financial or resource implications as expanding the panel contract will allow Council further flexibility in the delivery of its road maintenance and construction programs.

Policy Implications

Nil.

Risk Considerations

There are no perceived direct risks attributable to the awarding of this additional inclusion on the panel contract. By expanding the panel contract, this will further minimise the risk of not being able to only take work when needed.

Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 85 5. Works Operation Report

Report Author: Manager Operations

Responsible Officer: Manager Operations

Executive Summary

Council provides a detailed report on a monthly basis outlining works undertaken and completed and future works proposed.

RECOMMENDATION

That the report be noted.

Detailed Report

See attached.

Alignment with Strategic Plan/Program

In line with requirement to retain core infrastructure.

Financial and Resource Implications

Funded by approved votes.

Policy Implications

Nil.

Risk Considerations

A planned Works Program will minimise user risk and enhance efficiencies.

Statutory/Regulatory Considerations

In line with Statutory requirements and Engineering Best Practice.

Attachments

1. Works Schedule

Works Operations Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 86 Location Maintenance Construction Maintenance Construction Completed Last Completed Last Commenced and/or Commenced and/or Month Month Proposed for Next Proposed for Next Month Month Argyle Street Kerb and road repairs Boundary Street Stabilised patching Bucketts Way Pot hole patching Pot hole patching South Bucketts Way East Pot hole patching Pot hole patching Carson‟s Lookout Seal Car park Curricabark Road Maintenance Grade Depot Upgrade Awning Installation Denison Street Bus Interchange Upgrade Geales Bridge Temporary Bridge Installation Glen Ward Road Maintenance grade Mud Hut Road Maintenance grade Rookhurst Bridge Paint Rails Saleyards Upgrades Tenis Bridge Paint Rails Thunderbolts Way Pot hole patching Pot hole patching, 1.2km road stabilised patching reconstruction works approximately 35km from town Town Streets Pot hole patching and Pot hole patching

Works Operations Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 87 6. General Manager’s Report

6.1 Actions from Resolutions or Requests from Council Meetings

Report Author: General Manager

Responsible Officer: General Manager

Executive Summary

The General Manager is responsible for carrying out Council‟s resolutions or providing answers to questions from Councillors at Council meetings.

Recommendation

That the status of the actions be noted.

Detailed Report

In accordance with Councillors‟ request, an Action Sheet which details resolutions/requests from Council Meetings is attached.

Alignment with Strategic Plan/Program

To ensure sound local governance practice is a primary objective in the key direction of Governance and Partnerships.

Financial and Resource Implications

Responding to Council‟s requests is managed from internal resources.

Policy Implications

Nil.

Risk Considerations

Risk is associated with not actioning/responding to requests.

Works Operations Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 88 Statutory/Regulatory Considerations

Not relevant to this report.

Attachments

1. Action Sheet

Works Operations Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 89 ACTIONS FROM RESOLUTIONS OR REQUESTS FROM COUNCIL MEETINGS

PRESENTED TO COUNCIL MEETING 16 APRIL 2014

Item Type Meeting Details Action By Response No Whom

1 Resolution October Commence Advise on MTS A report will 2013 negotiations with the current action. be prepared Gloucester Historical for a future Museum and Yancoal Meeting of Pty Ltd regarding the Council with future of the old steam details of boiler currently located costs to on Parkers Road relocate and response from the Historical Society on recommended location. 2 Resolution June 2013 Memorial to the late Provisions of a MPE Contact made 76/13 Jack Cook plaque to with Cook coincide with family. 2013 Naidoc Proposed Day budget celebrations inclusion to provide memorial. 3 General 20 - Implementation of - Investigate MPE - New Business November initiatives and report Ranger has 2013 addressed by commenced previous Ranger duties and has been assigned this task.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 90 6.2 The Gloucester Dialogue

Report Author: General Manager.

Responsible Officer: Manager of Planning and Environment.

Executive Summary

Council has continued to participate in discussions to establish a process and appropriate Terms of Reference by which State Government agencies, Council, the Gloucester community and AGL would participate in an ongoing dialogue to address issues raised in regard to gas extraction in the Gloucester Basin, with potential to examine other mining issues in the longer term.

This report is to advise Council of the current status of the Dialogue.

Recommendation

It is recommended that Council endorse the Terms of Reference for the Gloucester Dialogue.

Detailed report

Background

Three discussions have now been held of the Gloucester Dialogue to progress the membership and appropriate terms of reference.

At last month‟s Council meeting a draft Terms of Reference was presented. The meeting resolved to conduct an EOI process seeking 2 community members and to defer final consideration of the TOR pending conclusion of the EOI and participation of all members.

An EOI was conducted over a 2 week period and Messrs David Marston and Rod Williams were selected as community members.

The attached Terms of Reference are for Council‟s consideration and endorsement.

At the meeting of 8th April Council presented its statement of values and expectations for future development as a base document for the Dialogue. Also presented by Council was a list of community concerns which called for written responses.

As per clause 8 of the TOR, a communiqué will be prepared of the outcomes of this meeting.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 91 Financial and resource implications.

There are no financial implications for Council in regard to this matter.

Policy implications

There are no particular policy implications for Council in regard to this matter, but the recently endorsed mining and extractive industries policy includes Council‟s framework for protecting and enhancing our community – future development principles, which will help inform Council's position in the dialogue.

Risk considerations

There are no risk implications in regard to this report.

Statutory/Regulatory considerations

There are no Statutory/Regulatory considerations in regard to this report.

Attachments

1. Terms of Reference for the Gloucester Dialogue.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 92 GLOUCESTER DIALOGUE

TERMS OF REFERENCE

1. CONTEXT

The NSW Government, Gloucester Shire Council and AGL have agreed to cooperate to fully explore the complex range of issues raised in relation to exploration for and extraction of coal seam gas in the Gloucester Basin.

What we appreciate –

 The potential to bring a whole-of-government engagement with the community – particularly in light of the diverse legislation/regulation applying in the area of CSG.  Consider issues arising from coal seam gas operations.  The focus is on ensuring clear and accurate information about issues of concern.  A recognition of the urgency of addressing this matter.

What we expect –

 It will take time to get the Dialogue right.  Sign-off for involvement will be given by all stakeholders.  There will be community members on the committee

What are our expectations of the purpose? –

 We will examine relevant operational and strategic issues related to exploration for and extraction of coal seam gas.  We will consider interaction of coal seam gas activities with other industries in the Gloucester Basin and in particular open cut coal mines.  We will resolve key information/acknowledge concerns; or state clearly where it is not possible do so.

2. STATEMENT OF PURPOSE.

The Gloucester Dialogue has been established to examine issues related to existing and possible coal seam gas extraction in the Gloucester Basin and the potential impacts and benefits of such resource uses on the social, economic and environmental attributes of the area. The Dialogue will examine and endeavour to address to a factual conclusion, issues raised by stakeholders on an agreed programme of investigation of issues. The purpose shall be to

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 93 ensure that there is clear, accurate and understandable information for the community in regard to issues raised.

This work will need to be carried out in light of the Gloucester Basin Bioregional Assessment, the Upper Hunter Strategic Regional Land-Use Plan, Project Specific Studies and the GSC Community Strategic Plan, Mining & Extractive Resource Policy & Water Study Project as those studies are released, taking into account the timing of the approved Gloucester Gas Project.

3. ROLES AND RESPONSIBILITIES 3.1. The responsibilities of the committee members are as follows:  To act in a professional manner in accordance with the codes of conduct of their relevant organisations.  To act with fidelity as the members have a duty to represent their relevant organisation and contribute to the process in a proactive manner.  To communicate issues raised in meetings to external parties in a respectful and professional manner.

4. MEMBERSHIP 4.1. Membership organisations of the committee are: NSW Land and Water Commissioner, Gloucester Shire Council, AGL Energy Ltd, Gloucester Community members, NSW Office of Coal Seam Gas and Division of Resources and Energy. 4.2. The committee comprises:  Community

Person Position / Organisation Cr John Rosenbaum Mayor Gloucester Shire Council Cr Frank Hooke Deputy Mayor Gloucester Shire Council Cr Aled Hoggett Councillor Gloucester Shire Council Danny Green General Manager Gloucester Shire Council David Marston Community Member Rod Williams Community Member Council Staff as required Gloucester Shire Council

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 94  AGL Energy Ltd

Person Position / Organisation Mike Moraza Group General Manager AGL Energy Ltd Julie Delvecchio Head of Community Relations AGL Energy Ltd Karyn Looby Community Relations Manager AGL Energy Ltd Suzanne Westgate Head of Land and Approvals AGL Energy Ltd Technical staff as required AGL Energy Ltd

 State Government

Person Position / Organisation Jock Laurie NSW Land and Water Commissioner (Chairperson) Rachel Connell Director NSW Office of Coal Seam Gas (OCSG) Steve Barry Director, Environment Sustainability Division of Resources and Energy (DRE) TBC Environmental Protection Authority (EPA) TBC NSW Department of Planning TBC NSW Office of Water (NOW) Sarah Jardine Inspector Environment (Secretariat) Division of Resources and Energy (DRE) Officers as required OCSG, DRE, EPA, Planning, NOW

4.3. Internal or external persons may be invited to attend meetings at the request of the Chairperson to provide advice and assistance as considered necessary.

5. SECRETARIAT 5.1. DRE will provide a secretary to provide agendas for and actions of the meetings.

6. ENGAGEMENT OF EXPERTS 6.1. The Dialogue may from time to time call on experts to address the group on technical topics related to their area of expertise.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 95 6.2. Their role is to assist the Dialogue to better understand the technical components of the project and 6.3. Which experts to attend the meetings will be agreed to by the committee.

7. MEETINGS 7.1. Frequency of meetings will be determined by the committee 7.2. Location of meetings will be determined by the committee 7.3. Members will respect the role of the Chairperson in the conduct of meetings 7.4. Members will respect the right of every member to speak and put forward their views. 7.5. At each meeting there will be a standard agenda consisting of:  Review of action items from previous meetings  List of issues relating to exploration for and extraction of coal seam gas for discussion

8. COMMUNICATION 8.1. As required a communique will be released stating actions, outcomes and other information from meetings. 8.2. Format and distribution of the communiqué will be determined by the committee. 8.3. The format of the communique will include an explanation of the issue, the agreed outcome from the committee, areas of the issue where the committee has agreement and those areas where conflicting views or uncertainties remain, and relevant links to further information. 8.4. The content of the communiqué will be agreed to by all parties prior to release and done so in a timely manner. 8.5. The communique will be distributed in the following ways:  A paid advertisement within the Gloucester Advocate.  A paid advertisement within the Manning River Times and Dungog Chronicle as required.  A pdf version, for general distribution via emails and web pages.

9. CONFIDENTIALITY 9.1. Members of the committee are required to respect the noted confidentialities of the business of the group. Consideration of draft documentation, financial, legal or personal information may be required as a consequence of the work of the committee, and such information must be respected by members of the committee.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 96 10. CONFLICT OF INTEREST 10.1. Members are required to declare any conflicts of interests that may arise in the business of the group.

11. DECISIONS 11.1. The group will respond to issues by consensus and is not a decision-making body for approvals or consents.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 97 6.3 2013/14 Operational Plan Performance Report – to 31 March 2014

Report Author: General Manager

Responsible Officer: General Manager

Executive Summary The Operational Plan documents Council‟s services and their tasks and activities for the current 12 month period. All services deliver a range of ongoing activities and also have specific tasks to be undertaken this financial year.

Under the IP&R process, a formal report to Council is required within 2 months of the end of each quarter.

This report is to advise Council of the status of the 2013/14 Operational Plan for the year to 31 March 2014. ______

Recommendation

That the report be received and noted.

______

Detailed Report

The actions identified in the Operational Plan were designed to meet a wide range of objectives and aspirations as contained in the Community Strategic Plan and the Delivery Program and to direct Council in its operations this financial year.

The report provides a measure of performance against planned outcomes. The long term strategies are identified with detailed activities to be undertaken this year. Successful completion measures are shown. The Operational Plan in fact is predicated on effective attainment of the outcomes achieving the desired strategy.

The attached worksheet represents a status against key indicators of performance that have been identified to achieve the extensive objectives of the Plan. This together with the graphical analysis of desired strategies and performance measures shows that of the 219 actions identified in the Operational Plan 78% are on target toward achieving full completion and performance with 3% in doubt to be completed for year end.

Whilst we have completed a significant body of work to assess the condition of our transport assets, a review of our stormwater assets is yet to commence due to resourcing constraints. The other large action outstanding is the revision of our S94 Plan. There are legislative changes that will impact and the review will now commence in the next FY.

After allowing for cash flowing of the budget estimates and some outstanding journal adjustments, expenditure is aligning to our operations for the period.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 98 ______

Alignment with Strategic Plan

Under the Community Strategic Plan (Element 5) Council is charged with providing sound governance, effective communication and community involvement in the CSP.

Finance and Resource Implications

The costs associated with performance of the annual Operational Plan are included in the budget.

Policy Implications

Council‟s Operational Plan is in accordance with the Integrated Planning and Reporting Guideline. Council must periodically report on the status of its Operational Plan.

Risk Consideration

The risks associated with failure to achieve the full Operational Plan targets will depend on the specific action. Some actions can be deferred whilst others may require some mitigation. The risk of public perception of performance is high without appropriate information. This report is posted to our website and will be reported to the media.

Statutory/Regulatory Consideration

Complies with the Local Government Act 1993.

______

Attachments

1. Third Quarter Progress Report.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 99

Operational Plan: 2013 - 2014

Progress Report to 31 March 2014

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 100

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 101 An engaged and supportive community

0%

14%

86%

Governance and partnerships

0%

11%

89%

2013/14 Operational Plan Actions to 31 March

Number Number of Number of Number of reported Actions on Actions below Actions in against Target YTD Target YTD Doubt for End of Year CSP Element Completion Maintaining core infrastructure 47 35 6 6 Protecting the environment 39 24 15 0 Creating a strong economy 54 42 12 0 An engaged and supportive co mmunity 44 38 6 0 Governance and partnerships 35 31 4 0

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 102

Actual operating expenditure against budget to 31 March 2014

Comments:

Some annual charges and insurances paid at start of year but budget spread over 12 months.

There are some outstanding journals that will impact on the Economy elements but overall the expenditure aligns with operational achievements for the year to date.

120 % Expenditure Actual to Budget 100

80 Infrastructure Environment 60 Economy

40 Community Governance 20

0

YTD actual capital expenditure against budget The budget for Capital expenditure is at variance due to Bucketts Way funding delay, finalising actions from the Waste Management Plan and timing differences re Reeves Estate.

Report:

The following report shows the Directions one through five from the CSP, the Objectives associated with each direction and the Strategies identified to meet these objectives. The activities attached to these are as determined in the Delivery Program to achieve the objectives together with the Operational Plan Actions. Direction One: Maintaining Core Infrastructure Direction Two: Protecting the environment Direction Three: Creating a strong economy Direction Four: An engaged and supportive community Direction Five: Governance and partnerships

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 103 Direction One: Maintaining Core Infrastructure

Public assets and infrastructure will be planned, managed and Objective 1 funded to meet agreed levels of service

Consider infrastructure implications of new developments and Strategy 1.1 ensure whole-of-life costings are assessed

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review Section 94 Plan and revise as appropriate

Revised Section 94 Plan adopted by Some preliminary Revised Section 94 Plan work, awaiting impact Council of legislative changes

Identify major capital infrastructure to facilitate future Roads backlog Projects identified and costed projects identified and development costed

Review Sub-division Development Strategy

Review infrastructure liabilities created through sub- To be addressed as Revised strategy adopted by Council division development and revise DCP 2010 appropriately part of Land Use and revised DCP implemented (Not completed in 20012/2013) Strategy

Strategy 1.2 Maintain a comprehensive asset management capability

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Conduct annual condition assessments and valuations

Continue to undertake annual condition assessments and Annual assessments completed and Ongoing valuations for all asset classes valuations determined

First annual assessment completed. To be reviewed 3 yearly reviews Proposed review completed annually 2015

In S/W Mgt Plan 2014, under review. Undertake assessment for drainage infrastructure Completed assessment Projected program costed and remains

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 104

10 valid

Evaluate asset maintenance and replacement requirements

Asset maintenance program Plan developed, Develop 10 year Asset Management Plan in conjunction incorporated in capital works consultation has with public consultation, for all asset classes. program, Operational Plan, budget commenced and works programs

Prepare LTFP (Long Term Financial Plan) to facilitate Plan developed, to be 10 year LTFP adopted by Council extended re SRV works programs works

Ongoing as works Implementation of programmed works Level of completion program

Maintain currency of asset management plans

To be finalised by 30 Review and update asset management plans on an June following Completion of relevant plans ongoing basis condition assessments

Maintain efficient design processes including project management capabilities

Undertake ongoing review of design processes and Project planning Reviews Completed implemented. Design capabilities capability assessed

Resource and implement a prioritised maintenance program for all Strategy 1.3 assets, incorporating a risk management approach

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Maintain a prioritised risks and operations management program

Appropriate risk assessments Continue implementation of a prioritised risk ERM and Policy in completed in line with adopted RM place, risk considered management program. program in projects

Maintain currency of Asset Risk Management Plans

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 105

10 Action Plan, ERM and Ensure current Risk Management plans are in place Plans completed Policy in place

Encourage community involvement in the design and care of Strategy 1.4 community assets

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Promote public awareness through Council media programs (press, website, newsletters)

Community Engagement Action Plan adopted, major Implement a community awareness program General community awareness topics SRV, Water Study, Land Use Planning

Utilise Council’s infrastructure committee to disseminate General community awareness Part of Committee’s TOR, need to consider Council’s Infrastructure woks and programs member representation

Develop an annual program of public voluntary participation in the maintenance of community assets

Annually identify opportunities for voluntary participation Action Plan, Policy Program Plan identified and adopted and Program in asset maintenance programs developed

Engage with the community in relation to acceptable Strategy 1.5 service levels for all public assets and ensure their achievement

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Undertake community consultation with regard to service levels

Utilise community consultation to formulate agreed Will form part of SRV Adoption of agreed service levels service levels project

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 106

10

Ensure the road system meets the transport needs of the Objective 2 community

Ensure achievement of road service levels identified in Council’s Strategy 2.1 asset management system

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide a network of rural roads, bridges and crossings that are safe, reliable and economical, that meet adopted service levels

Provide a prioritised and costed annual works program A costed works program for the Budget estimates prepared as part of the current year’s budgeting process current year consistent with budget

Continue to identify and cost additional projects and A supplementary works program Items costed for maintain a register of ‘shovel ready’ works projects, prepared with ’shovel-ready’ inclusion in 14/15 pending availability of funding via SRV or elsewhere projects designed and costed budget

Provide a network of urban roads and bridges that are safe, reliable and economical, that meet adopted service levels

Maintain road assets in accordance with the adopted Routine maintenance, Level of compliance with targets asset management program AMP developed

Undertake works in accordance with the prioritized works Works completed On track program

Provide a Regional road network (Bucketts Way and Thunderbolts Way) that is safe, reliable and economical

Maintain road assets in accordance with the adopted TW funding confirmed, Level of compliance with targets asset management program awaiting BW advice.

Undertake works in accordance with the prioritized works Works completed On track program

Strategy 2.2 Implement the bridge and crossing replacement strategy

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 107 Replace/upgrade bridges and causeways in line with the bridge replacement program

Review the Bridge Replacement Program annually in Reviewed by I&W Annual program adopted by Council accordance with the Asset Management Strategy Comm

Undertake replacement/upgrade work on the following bridges: Replacement/upgrade works Subject to funding –  Geales Bridge on Scone Road completed LL temp bridge May  Jacks Road Bridge

Undertake replacement/upgrade work on the following Programmed repairs only causeways/crossings: Replacement/upgrade works completed; Significant  Rocky Crossing on Barrington East Road completed future repairs required. To  Back Creek Crossings monitor performance

Review and improve road maintenance practices and Strategy 2.3 procedures

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review on an annual basis road maintenance procedures to ensure adoption of a best practice approach

Undertake annual review of road maintenance Review Undertaken Defer to 14/15 procedures

Undertake annual review of sub-contracting policies and Commence July 14 Review Undertaken once accurate procedures costings are available

Support Mid North Weight of Loads program of protecting roads from damaging effects of overloaded vehicles

GSC elected Chair, Group satisfaction with GSC Continue as administrative council for the MNWOL group Secretary and administration Treasurer

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10 Advocate for State & Federal government funding towards Strategy 2.4 improved regional roads, bridges and public transport

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Continue to work closely with adjoining LGA’s to lobby politicians/department heads for appropriate infrastructure funding

Meetings undertaken with Determine projects with interests/assets in common with These are routinely neighbouring LGA’s and formal neighbouring LGA’s ie. Bucketts Way upgrade planned agreement of appropriate projects

Seek opportunities to lobby politicians/department heads Number of face-to-face meetings Ongoing concerning regionally linked projects undertaken

Identify projects suitable for special funding opportunities, should they arise (see Strategy 2.1)

A supplementary works program Prepare applications for special funding for appropriate prepared with ’shovel-ready’ Ongoing projects projects designed and cost/benefits identified

Participate in the Federal Government’s Roads to Recovery program to extend the bitumen seal network

Extend the bitumen seal on the following roads: Project developed, Scone and Bundook  Scone Road Seal extension program completed completed, Gloucester  Bundook Road Tops scheduled  Gloucester Tops Road for/May

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Objective 3 Provide an environmentally sustainable urban stormwater system

Maintain an urban stormwater capability to provide effective Strategy 3.1 discharge with no net increase in environmental consequences

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Implement the requirements of the Urban Stormwater Plan

Plan developed – awaiting budget Finalise review of the Urban Stormwater Management Review of Plan completed and allocation to plan adopted undertake condition assessment. Resource constraint

Continue to maintain and improve stormwater facilities in Level of compliance with targets Routine maintenance accordance with the Plan.

Review annually stormwater construction methods to ensure best practice

Continue to review and implement current best practice Stormwater Management Plan revised to reflect best practices and Ongoing for stormwater management applicable standards

Adopt current best practice for design and maintenance of Objective 4 infrastructure

Review quality design standards, guidelines and programs for local Strategy 4.1 infrastructure and development

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure implementation of Auspec Design Standards

Ensure all infrastructure works are undertaken in Level of compliance with standards As standard practice accordance with Auspec design Standards

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11 A Register of assessment based on Adopt a ‘project-management’ approach for all identified risk and community impact for all Ongoing works, utilising Council’s Quality Assurance systems. applicable projects

Consider environmental performance criteria in all design Strategy 4.2 guidelines and plans for public infrastructure

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review annually to ensure implementation of Best Practice procedures that meet statutory requirements

Undertake a formal review of environmental factors (REF) Formal review undertaken for all Completed for major prior to approval of all developer, sub-contractor and relevant works or projects works private works

Completed for major Prepare quality assurance documentation for all design QA documentation prepared for all works, generic QA and construction projects Design and Construct projects systems adopted for all projects

Ensure public infrastructure and places are managed and Strategy 4.3 maintained as safe, clean and inviting places

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review all infrastructure and places to ensure a high standard of public safety

Annual review of footpaths, roads, parks and recreation Report prepared and adopted, facilities complete. Undertake annual review and identify required works Providing a schedule of required Buildings yet to works commence. Revised AMP to be completed and adopted June 2014.

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11 Works program for footpaths, roads, parks and recreation Report prepared and adopted facilities included in Undertake annual review listing a program of required Providing a schedule of required budget submission. works works Other assets to be reviewed subject to adoption of AMP after June 2014

Cleaning activities monitored to ensure acceptable Ongoing Register of inspections and findings standards are maintained

Respond to specific incidents and remove immediately, Register of inspections, findings and Ongoing correct or repair as appropriate actions taken

Objective 5 Enhance the economic viability of public infrastructure

Strategy 5.1 Promote public use of infrastructure

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review promotion and fee structures for public facilities

Part of service level Identify options to increase services/patronage Adoption of Reports to Council review

Promote Council’s on-line booking capability for Council Level of utilisation of on-line booking Being facilities and services capability investigated/costed

Incorporated within adopted Fees Part of service level Undertake annual review of fee structures and Charges review

Direction Two: Protecting the Environment

Provide effective environmental management in the Gloucester Objective 1 Region

Improve knowledge and understanding of environmental Strategy 1.1 issues

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11 Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Establish LGA-wide data about environmental attributes and systems

Increase GIS capability including aerial photography and Data captured and capability GIS resources vegetation mapping of the LGA established increased

Undertake a comprehensive surface and shallow Gloucester Water Study completed groundwater study for the Gloucester Basin Study underway

Establish networks with relevant stakeholders including National Parks, Midcoast Water, Hunter Central Rivers CMA and neighbouring councils

Ongoing – recent Participate in the Hunter REMS program of activities Program implementation outcomes include Ag mapping and e-REF

Support community education programs in environmental stewardship and management

Support the activities of local environmental management Support provided where appropriate Ongoing groups

Support festivals and other events in the community Support provided where appropriate Ongoing

Strategy 1.2 Prepare and support environmental strategies and plans

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Establish plans to protect significant vegetation and explore opportunities for a vegetation corridor across the Gloucester Basin

Initial discussions In collaboration with GLSC, document the proposed about Tops to Coast LEP amended vegetation corridor and incorporate into LEP program by joint implementation

Develop and implement and support environmental Strategy 1.3 management programs

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11

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide opportunities for the community to participate in environmental management programs

Participate in the strategic water cycle management Meetings attended Ongoing committee of Midcoast Water

Encourage and support community participation in local Routine inc G.Env. Support provided groups such as Landcare Group, TGP

Pursue funding for environmental management programs

Review opportunities for grant funding Grants obtained Ongoing

Objective 2 Manage environmental risks

Research, monitor and respond, as appropriate, to the Strategy 2.1 long-term and cumulative impacts of resource extraction

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Oppose mining expansion within environmental protection zones and/or in close proximity to urban areas

Provide input to the statutory process for proposed As required – recent Input provided PAC review re State Significant Development Applications Stratford

Strategy 2.2 Support catchment management protection strategies

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Work with partners to ensure adequate water quality monitoring

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11 Facilitate linkages between community groups/schools Baseline water study Monitoring program implemented of local farms as part with water quality monitoring program of MCW of WS

Strategy 2.3 Support air quality strategies

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

In partnership with the mining industry and the OEH, seek to establish a monitoring program for local air quality

Scope and pursue the establishment of an air quality monitoring network and monitoring program in Opportunity investigated In process association with local mining industry representatives

Ensure appropriate controls are placed on dust producing development activities

Request the DP&I to ensure all development application assessments include conditions addressing this Representation made In process requirement

Strategy 2.4 Implement floodplain management strategies

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Continue to implement the findings of the Avon and Gloucester Rivers Floodplain Management Plans

Apply FMP requirements to all the flood prone land FMP requirements applied where Routine development applications on flood prone land applicable

Strategy 2.5 Manage the bushfire risk

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11 Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Continue to participate in the development and implementation of local Bushfire Risk Management Plans

Attend Bushfire Risk Management Committee meetings Meetings attended Ongoing

Implement tasks identified within Bushfire Risk Plan implemented Ongoing Management plans

Strategy 2.6 Maintain an active role in weed management

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Support and participate in the activities of the Mid North Coast Weeds Group

Routine. Weeds mgt Attend meetings of the Mid-North Coast Weeds Group Meetings attended review may change role of group

Implement programs established and funded by the Mid Programs implemented As established North Coast Weeds Group

Undertake a local programme of weed management

Map and record weed infestations in the Shire using GIS Map layers developed Ongoing system

As applicable inc Undertake a program of public education Program executed Show stand

Strategy 2.7 Respond to the impacts of Climate Change

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

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11 Establish a Climate Change Management Group and implement the Local Adaptation Plan on an ongoing basis

No action, no funding Seek funding assistance to implement Adaptation Plan Funding achieved available

Implement the actions of the Plan and inform/educate Plan yet to be Actions implemented actioned, limited the community as appropriate resources

Objective 3 Manage the sustainable disposal of waste

Strategy 3.1 Undertake waste management planning

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Prepare a Waste Management Strategy for the LGA and implement its recommendations on an ongoing basis

Prepare a strategy and engage with the community Strategy prepared Project developed regarding identified initiatives

Conduct an ongoing community education program Community engagement completed Ongoing

Prepare and implement a Landfill Environmental Management Plan for the Gloucester Landfill

Document the Management Plan and gain Council Management plan Plan adopted developed, upgrade approval works under tender

Construct Waste Transfer Station to more effectively Awaiting Mgt Plan Waste Transfer station constructed actions above manage waste streams to the Landfill and for recycling

Pursue funding for installation of a weighbridge to more Included in Project Funding achieved effectively manage waste to the Landfill Plan

Review the management of the Landfill operations

Review/renew contract for management of the landfill Contract renewed Review prepared

Pursue all opportunities for reduction/removal of State Ongoing. Skip bins Levy abolished introduced, waste Government Waste Levy facility to be upgraded

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Strategy 3.2 Encourage waste minimising and recycling

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide facilities, information and services to maximise recycling and reuse of waste products

Establish a program of activities/facilities for recycling Waste strategy Program established and reuse of waste identifies opportunities

Continue to participate in Regional Forums in waste management and minimisation

Attend appropriate forums Forums attended Routine

Educate and enforce responsible waste disposal

Investigation and enforcement as Investigate and enforce illegal dumping activity Ongoing appropriate

Liaise with schools, businesses and community groups Ongoing, inc in Waste Liaison undertaken with regard to effective waste management practices strategy

Participate in regional waste management campaigns

Identify and participate in appropriate waste reduction Participation in appropriate As appropriate campaigns campaigns

Objective 4 Provide leadership in sustainability

Strategy 4.1 Encourage environmentally sustainable development

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

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11 Develop and implement a Conservation and Development Strategy for the Gloucester Shire

Prepare a Landuse Development Strategy to guide and encourage further development in the area with Ag WG looking at particular emphasis on the following: wider strategy,  creation of a small 'farmlet' zone discussions with  review of the Gloucester industrial area Barrington Village and Land use strategy documented Industrial area,  identification of opportunities for a “Quarter acre” proposal for land lot subdivision area/s south of Golf Course.  Barrington village review To be part of Land  review of rural subdivisions to ensure appropriate Use Strategy recognition of road infrastructure requirements

Promote Environmentally Sustainable Development principles in local development

Review and authorise REF’s, SEE’s, & EIS’s as appropriate Reviews completed as required Ongoing

Develop and maintain an appropriate legislative and policy framework to guide and control development to meet acceptable community standards

Revise and review Gloucester DCP 2010 DCP adopted by Council Draft DCP prepared

Assess and determine development applications (DA’s) in a timely fashion and in accordance with the legislative and policy framework

Assess and determine development applications to meet DA’s determined within agreed Routine agreed service levels service levels

Strategy 4.2 Provision of Leadership in Sustainability

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure Council achieves maximum energy and water efficiency in all its operations

Review all of Council activities by Sustainability Review undertaken and Committee and implement appropriate actions to achieve Resource limitation recommendations adopted best outcomes

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11

Direction Three: Creating a Strong Economy

Maintain a comprehensive understanding of the local economy and Objective 1 the context in which it operates

Continue to review and implement the Gloucester Economic Strategy 1.1 Development Strategy

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Utilise the Economic Development Committee as the peak coordinating body to facilitate economic development within the Gloucester Shire

Ensure committee positions provide appropriate and Committee in place – Appropriate membership achieved TOR reviewed , new representative membership EOI conducted

Establish such working groups as may be required to Establishment of required working WGs established and develop and implement the Economic Development groups including Agricultural and productive Strategy Saleyards Working Groups

Undertake review of Council’s Economic Development Strategy in association with the Economic Development Committee to meet new and emerging opportunities and challenges

Strategic Review undertaken and key Agricultural strategy to Undertake a Strategic Review of the Economic be completed 30 strategies reflected within the annual Development Strategy and related annual Operational Plan June, review of EDS Operational Plan yet to commence

Develop and maintain a current profile of the local economy Strategy 1.2 including data on businesses, employment, real-estate and investment

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Maintain an on-line register of local businesses and community organisations

Promote use of the on-line community register by local Community Register established, Register reviewed, businesses and community organisations used by community organisations discussions with

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12 Chamber re coordinated approach

Link the business register to appropriate business Community Register available for use As above websites, including the Chamber of Commerce by local business websites

Maintain appropriate economic data, strategies and promotional documents for display on Council’s website

Review data currently available on Council’s website and Material available on Council’s Ongoing update data, documents and brochures as appropriate website is current and appropriate

Undertake an externally conducted research program to Consultant appointed and required Consultant reports identify and to update key economic data report finalised received

Develop and maintain printed materials providing an economic profile and investment opportunities in the Gloucester Shire

Existing materials yet Establish a specification for promotional materials Specification and policy established to be reviewed

Promotional material appropriate and Review available material and supplement as necessary As above available

Grow employment opportunities through organic growth and Objective 2 attraction of new businesses

Actively promote development and marketing of the Strategy 2.1 Stratford Industrial Park

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Liaise with stakeholders to establish a development and implementation plan for Stratford Industrial Park

Yancoal remain in Meet with key stakeholders in the Stratford Industrial doubt – revised Project Plan identified Park project to agree objectives and timeframe project to be prepared.

Pending Identify available funding for project promotion Potential funding identified above outcomes

Pending Meet regularly to implement objectives Regular meetings with Stakeholders above outcomes

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 121 Seek to identify and attract potential tenants

Work with Stakeholders to agree strategy to Pending Strategic Marketing Plan finalised identify and attract potential tenants above outcomes

Strategy 2.2 Develop and implement an Agricultural Strategy

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Investigate new opportunities for efficient water use

Work with key stakeholders and Agricultural Working Ag strategy to be Agricultural strategy finalised Group (EDC) to identify potential uses for waste water prepared by 30 June,

Develop trial program guidelines for potential and Agricultural strategy finalised Part of Ag strategy appropriate applications for water

Explore value adding for local crops and produce

Identify and document current local/regional crops, Local producers listed on the BTFL part of Ag strategy produce and value-added producers website

Evaluate constraints to horticulture and diversified agriculture

Review current horticultural activities and prepare a Part of Ag strategy program to determine constraints - working with other Agricultural strategy finalised outcomes community groups

Evaluate opportunities for diversified agricultural activity

Review current activity and identify and report-on Agricultural strategy finalised Part of Ag outcomes opportunities for expansion

Stimulate economic and community activity in the Gloucester town Strategy 2.3 centre

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 122 Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Manage future development, economic and community activity in the town centre through implementation of the Town Centre Plan

Adoption of Town Centre Plan and Meeting Place aspect Finalise the Town Centre Plan and associated DCP has impacted on DCP discussion

Incorporate Town Centre Plan within all planning Will be included processes

Strategy 2.4 Increase the capacity of the local workforce

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Liaise with and support the activities of local training projects

Work with Gloucester Enhancing Skills project and local Regular meetings Attendance at Committee Meetings training organisations to enhance training outcomes attended

Support local businesses with improvements in infrastructure, Strategy 2.5 training and technology

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Lead the implementation of high-speed wireless broadband deployment in the Gloucester Township, Stratford and Barrington

Work collaboratively with the technology provider Regular updating of the Economic CountryTell to roll out (CountryTell) to ensure success of the Gloucester High Development Committee and local Feb 2014 Speed Wireless Broadband roll-out businesses

Council to utilise the services of the Wireless Broadband Installation of hardware, software On target pending CT project for data and phone facilities and contract finalisation roll out

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 123 Undertake Community consultation and communication Promotion in media and through Part of CT roll out to create awareness of availability community consultation

Encourage businesses to consider the benefits of Review of activity by Economic renewable energy and encourage the establishment of Part of CT roll out Development Committee renewable energy projects

Implement as appropriate the recommendations Regular updating of the Economic identified within the Upper Hunter Economic Ongoing Development Committee Diversification strategy

Effective partnerships and relationships between all the economic Objective 3 stakeholders

Encourage strong partnerships between businesses, Strategy 3.1 education and government agencies

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Support local business groups and peak bodies to ensure optimal economic outcomes while maintaining a positive relationship with Council

Maintain a positive relationship between Council and Positive business relationship, Regular meetings, new peak business bodies meeting regularly Events Coordinator

Attendance at appropriate business Attend regular meetings and project discussions Ongoing meetings and events

Advise business operators of support, training and Availability and communication of As appropriate funding opportunities that may be relevant appropriate information (website)

Support regular awards for excellence and achievement in the business community

These awards are in Support by way of entry and attendance, the Participation in the Gloucester abeyance – Chamber’s Business Awards program Chamber’s Business Awards program discussions re reinstating

Work with Regional Development Australia and other funding organisations to ensure maximum benefit for Gloucester businesses

Maintain regular contact including on-line publications so Knowledge of RDA programs and Routine as to keep abreast of appropriate RDA opportunities funding opportunities

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 124 Communicate identified business and infrastructure Communication of opportunities Ongoing opportunities to relevant stakeholders directly and via Council’s website

Maintain Council business units to enable broader economic Objective 4 activity

Provide businesses and facilities where alternative options are not Strategy 4.1 available

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure operation of a Caravan Park and Campground as a key component of Tourism accommodation

Review potential to market existing caravan park for Review completed with appropriate Will form part of Recreation Strategy – commercial operation recommendations in process

Manage lessee activity of existing park and maintain Effective management of the Considered as part of assets associated with the park Caravan Park sale and strategy

Ensure the availability of a livestock exchange (saleyard) to support cattle production

Review completed – Review operations of the Livestock Exchange and future Completion of review by Saleyards decision was to defer financial needs for maintenance and upgrade Working Group 12 months now revisited

Ensure an adequate supply of gravel materials to meet construction requirements

Some initial discussions with possible operator. Review available quarry options, capacity and future Review completed and report Need to complete demand completed and adopted preliminary works, in- house surveys and project scoping.

Prepare a report on quarry options and Report completed and adopted As above recommendations

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Ensure an adequate supply of appropriately zoned land for Strategy 4.2 development and agricultural diversification

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review and amend LEP 2010 to ensure adequate supply of land to meet all market sectors

Undertake annual review of available land in all market As part of Land Use Completion of Review and Report sectors Strategy

Review zoning of agricultural land to ensure support of changing agricultural activity

Ag Group to finalise In conjunction with the AWG, review current zoning and Report completed and adopted by Ag strategy by 30 June and will form make recommendations as appropriate Council part of Land Use Strategy

Review the development and sale of residential and commercial land to meet market demands

Undertake annual review of available Council land for As part of Land Use Completion of Review and Report Residential and Commercial use Strategy

Recommend any requirement for additional land to be Report and recommendations As part of Land Use made available adopted by Council Strategy

Gloucester is seen as an attractive business investment and Objective 5 relocation destination

Promote Gloucester as an attractive business relocation and Strategy 5.1 business development destination

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Participate in appropriate events to promote Gloucester as an attractive business destination

Attend appropriate regional promotional events and Number of appropriate events As appropriate

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 126 expos attended

Support and encourage local businesses, associations Promotional events attended and and the Gloucester Chamber in the promotion of Supporting businesses promotional activities undertaken Gloucester as a business development destination

Contribute to and maintain on-line websites promoting Gloucester as a business destination

Regularly review and update Council’s various websites Ongoing but to be Currency of Council’s websites to meet the requirements of this objective enhanced

Strategies and actions in place to address sustainability and Objective 6 security issues related to local food production

Develop an agriculture and food strategy for the local community Strategy 6.1 that identifies gaps in the food supply chain and encourages greater consumption of local food

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Utilise the Agricultural Working Group of EDC to lead investigation and review of new crops/produce

Undertake investigation and review of potential for new AWG developing Agricultural Strategy Finalised crops and/or produce and processing strategy due 30 June

Maintain the Gloucester Farmers Market as an incubator and outlet for new, small scale producers

Operate a ‘growers market’ on the 2nd Saturday of Monthly operation of Farmers Routine every month Market

Events Coordinator Undertake promotion to grow participation levels at the Promotional activities and has commenced Farmers Market attendance levels at Market review

Objective 7 Gloucester is seen as an attractive tourism destination

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 127 Strategy 7.1 Review and implement the Tourism Development Strategy

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Adopt the Destination Management Plan as the primary Tourism Strategy

Work in collaboration with the EDC, TAG and other Annual documented review of Visitor Economy tourism groups to review and maintain a current Destination Management Plan (DMP) Strategy developed Tourism strategy/DMP

Action to implement Implement the recommendations of the Destination recommendations of Destination In process Management Plan Management Plan

Ensure the provision of a Visitor Information function

Maintain accreditation of the Gloucester Visitor Accreditation maintained Routine Information Centre

Review the activities of the Visitor Information Part of service level Review undertaken and report Centre to maintain appropriate services levels and review, staff role prepared funding restructure

Assist in the development and updating of marketing Number and quality of promotional Refocused tourism/VIC collateral to promote Gloucester as a destination items - brochures, literature etc. resources

Grow the annual ‘events’ program

Support and attend, as appropriate, the organising Committee Meetings attended, Events Coordinator committees for all major Gloucester events success of events appointed

Identify and develop new events and activities that New Events/Activities identified and Events Coordinator leverage local strengths and assets created appointed

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Direction Four: An engaged and supportive community

Ensure a range of affordable, accessible and adaptable housing Objective 1 to suit the needs of the community

Strategy 1.1 Maintain an up-to-date housing strategy for the LGA

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Rezone land to ensure an adequate supply in various housing markets

Review alternatives to rural residential housing and Part of Land Use Strategy prepared Strategy formulate a strategy for development

Part of Land Use Identify opportunity for lifestyle and horticultural farms Strategy prepared Strategy

Encourage investment in housing to meet the needs of an aged Strategy 1.2 population

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Identify opportunities for aged housing development and take to the market

Steering committee implemented, discussions held with Consolidate site for aged housing purposes Site consolidation completed several proponents, bed licenses arranged, partnership agreement, awaiting funding round

Expressions Of Interest (EOI’s) called Awaiting outcomes Promote/tender this opportunity to the market from above, survey for conducted

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12 Continue Council’s involvement in the management of Aged Care Units

Units managed and maintained Continue to manage, maintain and upgrade aged units Routine, service level according to long term business according to long term business plan review plan

Objective 2 Support local district health care facilities and service providers

Maintain a Health Services Strategic Plan, in association with Strategy 2.1 Gloucester District Health Advisory Committee

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Participate in appropriate health planning committees

Maintain membership of appropriate health planning Attendance at Health Planning Ongoing committees committee meetings

Goals identified within the Ongoing, aged care Ensure the Clinical Services Plan recognises Gloucester’s Community Strategic Plan are survey conducted, needs/aspirations for further development of services health committee reflected within the Clinical Services and capabilities feedback process Plan implemented

Strategy 2.2 Support improvements to District Health Care facilities and services

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Advocate to Federal and State Governments for ongoing support for and improvements to facilities and services

Undertake proactive advocacy to Federal and State Advocacy undertaken Ongoing Governments

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13 Advocate for additional Aged Health Care services and facilities

Undertake proactive advocacy for additional Aged Health Advocacy undertaken Ongoing Care services and facilities

Objective 3 Protect public health, safety and amenity

Support the provision of emergency services to ensure public Strategy 3.1 safety and to address community needs

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Continue support for SES, RFS and NSWFB services in conjunction with the State Government

Attend Bush Fire Management Committee and participate in BRM Planning Committee and monitor Participation in committees Routine capital programs

Provide administrative and accounting support to SES and NSWFB services in conjunction with agreed service Service levels meet Ongoing levels

Advocate for the maintenance of adequate police numbers and police services in the region

Advocate for relevant services Advocacy undertaken Ongoing

Maintain public health inspection and licensing programs and Strategy 3.2 enforcement

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 131 Maintain building inspection program

Determine development and construction certificate Applications finalised within agreed Routine applications in a timely fashion service level (timeframe)

Carry-out critical stage inspections of new building Applications finalised within agreed Routine construction as required service level (timeframe)

Promptly investigate inappropriate and unapproved Applications finalised within agreed service level (timeframe) Routine building works

Undertake OSMS (sewerage) licensing and inspection program

Assess and determine OSMS applications in a timely Applications finalised within agreed Routine fashion service level (timeframe)

Undertake regular inspections of OSMS’s in accordance Inspections finalised within agreed Routine, program of inspections being with licence requirements service level (timeframe) developed

Undertake food premises licensing and inspections

Ensure annual inspection and licensing of registered Inspections finalised/Licenses Routine, staff training, program being food premises issued completed

Provide Ranger services for general enforcement of Council policies

Undertake planned program of monitoring and Compliance achieved Routine compliance

Undertake private swimming pool inspections

Register of pools established for Ensure implementation of government regulations Compliance achieved program of inspections

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13 Strategy 3.3 Encourage responsible management of companion animals

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide Companion Animal registration services

Register companion animals in accordance with State Government requirements and within agreed service Register continuously maintained Routine levels (Timeframe)

Enforce the provisions of the Companion Animals Act

Action public complaints/notifications of domestic animal Complaints registered, tracked and As required issues completed

Impounding/enforcement meets best Impound/enforce compliance with Companion Animals As required practice standards

Support public education campaigns regarding responsible pet ownership

Provide public information and training regarding Regular information provided to As required companion animal requirements public

Operate animal impounding facilities to required standards

Ensure contract services meet community needs and RSPCA guidelines always met. Compliance achieved RSPCA guidelines for animal impounding and euthanasia

Strategy 3.4 Maintain Public cemeteries

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Enhance/develop cemetery services

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13 Plan developed and adopted by Prepare a development plan for the Gloucester cemetery In process Council

Provide administrative services to manage the provision E- Cemetery records maintained Routine of cemetery plots electronically on Cemetery module

Maintain public cemeteries to acceptable community standards

Maintain cemeteries in accordance with the cemetery Routine maintenance Management Plan followed maintenance management plan

Cemeteries are maintained in accordance with Routine maintenance Asset Plan adopted requirements of the asset management plan

Develop opportunities for residents and visitors to enjoy public Objective 4 places and facilities

Ensure Plans of Management are in place for Council’s open Strategy 4.1 spaces to encourage public recreation and sustainable management practices

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review and update the Plan of Management for Gloucester District Park

Adoption of the revised Plan of Not finalised, a Prepare a revised Plan of Management for Gloucester framework plan in Management parks process

Explore options for enhanced, additional or reduced recreational Strategy 4.2 facilities

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Review options for improved number and functionality of local river access points

Develop an overall plan for a comprehensive network of Completion of strategy and adoption Yet to commence

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13 river access points of plan

Identify funding options to implement the river access Potential funding options identified Pending above strategy

Strategy 4.3 Maintain an Open Spaces strategy

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Develop Gloucester District Park as the major recreational focus for residents and visitors

Complete review of usage and facilities available at all Gloucester Recreation Plan adopted Yet to commence parks and reserves to establish need and duplication by Council

Objective 5 Encourage opportunities for lifelong learning within the community

Strategy 5.1 Maintain Library services and information capability

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure library services are responsive to local demographics, community needs, social trends and technology

Ensure the current co-operative library agreement meets Agreement reviewed Is adequate the needs of patrons

Encourage and support community use of library space  Number of community uses for community activities and special activities for made Routine children  Number of children’s activities

Objective 6 Encourage services and facilities to promote community wellbeing

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13 Support the operation of Child, Youth and Family Services through Strategy 6.1 the provision of Human Service grants

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Engage with youth through meetings, surveys and forums and provide programs to meet identified needs

Meetings held , a Advisory Group to meet regularly with Gloucester High Provide Feedback to Community and local youth services School Student Representative Council Cultural Committee coordination group formed

Maintain Youth Centre activities and other services in Agreement criteria Funding Agreement criteria met accordance with current funding agreement met

Promote community awareness of youth related issues

Provide media releases about youth related issues, Press releases issued and Website activities and opportunities and media releases for As appropriate updated special youth activities and/or opportunities

Encourage activity and participation in the arts and cultural Strategy 6.2 activities

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Pursue the provision of facilities to foster the arts and cultural activities

Committee includes Community and Cultural Committee to identify external members, arts Number of opportunities presented opportunities for appropriate projects and activities and cultural sub group formed.

Facilitate the exhibition and interpretation of the arts in all mediums within the community

Facilitate public art exhibitions via the Community and Number of exhibitions facilitated See above Cultural Committee

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Foster and support active community relationships and social Strategy 6.4 activities

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide information about community services and community activities for residents

Provision of current information and Maintain information and promote special events on promotion of special events via As appropriate Council’s website and in the media as appropriate website

Strategy 6.5 Ensure our heritage is valued, conserved and interpreted

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure items and places of heritage significance are adequately protected

Ensure Council’s LEP reflects items of local heritage Relevant heritage items included in significance together with maintenance of appropriate Land Use strategy LEP property records

Encourage the collection, display and preservation of local history

Support the activities of the Historical Society in their Support provided as Support provided work to preserve the history of Gloucester requested

Maintain Council’s history and records and record on Records maintained Ongoing Council’s website

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Direction Five: Governance and Partnerships

Objective 1 Ensure sound local governance practice

Ensure the Council is effective, efficient and community Strategy 1.1 focused

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Identify and manage corporate risk

ERM Policy and Action Review Corporate Risk management function annually Annual review completed Plan, reviewed via Gov and Risk Committee

Safe work method statements Strategy and action Ensure safe systems of work are in place plan adopted, ongoing retained in register monitoring

Ensure financial management is based upon best financial practices

Review financial systems to ensure alignment with IP&R Annual review of Service Units Ongoing framework undertaken

Regular meeting of Some IA in-house, Maintain internal audit function formal IA being Governance/Audit Committee considered

Ensure Council acts as a responsible employer, embracing better practice ideals

HR Policies and Procedures Significant HR systems Further develop Human Resource function now in place, HR roles Developed restructured

Identified components of WMP Plan developed, areas Implement Workforce Management Plan of weakness identified implemented for resourcing

Regularly monitor Council’s performance and undertake continuous improvement activities

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13 PMs have been Review and enhance performance management Performance Management system developed and being implemented, project programs implemented and QA methodology in place,

Ensure adequate business support systems are in place to support Council’s range of activities and responsibilities

Develop Council’s on-line capability (e-services)  Customer Request Management CRM implemented, On-line systems implemented others being  On-line payments developed  On-line bookings

System development defined and Review IT/GIS systems and functionality to ensure costed as part of annual budget Ongoing currency, effectiveness and efficiency. process

Ensure responsible ethical, fair and transparent decision making for Strategy 1.2 the benefit of all constituents

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide training and information sessions for Councillors on governance and legislative responsibilities

3 modules delivered, to follow up poor Develop and implement a program of ongoing training Training identified and delivered response to training request

Develop and maintain a policy framework to ensure legislative compliance which support Council’s decision- making processes

Review and enhance Council‘s Policy framework Annual review undertaken Ongoing

Ensure legislative compliance through the use of A formal compliance process Ongoing appropriate information providers (including LGLS, HC) implemented

Ensure elected members are adequately resourced to ensure Strategy 1.3 effective representation

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Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide appropriate technology to enable elected members to effectively communicate with Council and the community

Hardware and Elected members to be provided with appropriate IT software infrastructure installed and delivered equipment to enable effective representation and Equipment provided and maintained in previous year. communication Ongoing support and maintenance required.

Foster relationships with other communities, to create awareness of Strategy 1.4 consequences of decisions and an understanding of external influences

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Participate in and support LGNSW, ALGA, Country Mayors and Midcoast Councils while reviewing membership of Hunter Councils

Maintain support for and participation in regional and Council Reps Membership maintained appointed to relevant state associations bodies

Business Paper to Review membership of Hunter Councils Review completed and adopted Council with final report to come

Continue co-operative activities and programs with neighbouring Councils (GTCC, GLC and MCW)

Continue partnerships with adjoining LGA’s to identify Partnership opportunities further opportunities for shared services, infrastructure This is ongoing implemented projects, joint knowledge and capacity

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Establish strong partnerships between Council, community groups Objective 2 and government agencies

Strategy 2.1 Ensure Community is informed of Council Activities

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure the community is aware of significant submissions and delegations of Council

Ensure significant “community issues”, information and Quarterly review of information Weekly newspaper Council submissions are communicated effectively via column, website provided Council website and appropriate media updates

Ensure Council website displays all current topics , policies, relevant issues and media releases

Ensure current ‘Topics’, ‘Latest News’ items and ‘Media Quarterly review of information Weekly newspaper column, website Releases’ are displayed on Council’s website provided updates

Build strong, workable and productive alliance with State and Strategy 2.2 Federal Governments

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Provide opportunities for Council to regularly engage and meet with government departments and agencies

Engage with regional coordinator of Premier’s Engagement achieved and Gloucester Regular contact with Department and Government Agencies to ensure Plans presented agencies Gloucester plans are recognised at State level

Liaise with State and Federal members on significant Engagement achieved and Gloucester Meetings arranged as issues Plans presented appropriate

Provide opportunities to regularly engage with and meet business, community and resident groups and associations

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14 Undertake regular engagement with community and Ongoing as Engagement achieved business groups appropriate

Undertake and promote opportunities for Councillor Councillor Day, Show Frequency of interaction Day and others as interaction with the community identified

Ensure Council Committees are relevant and have Strategy 2.3 appropriate community involvement

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Ensure each committee has knowledge of Council's Code of Meeting Practice, Code of Conduct and its Role and Responsibilities

Ensure committee members understand policy, terms of Induction of members, Annual review completed reference and regulatory requirements annual review of TOR

Review the performance of Committees relative to the Self assessments and Annual review completed review conduced, adopted TOR’s actions identified

Ensure effective communication to share information and provide Objective 3 services

Ensure effective communications between Council, community Strategy 3.1 groups and other stakeholders

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Undertake Community Engagement on key issues associated with IP&R process

Undertake Community Engagement in accordance with Community consulted on all key Strategy adopted – SRV actions the adopted strategy issues commenced.

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14 Media/Engagement resource now sourced

Maintain and expand the community website and on-line community directory

Actively promote use of the Community website and Community use of on-line Ongoing – Events Coordinator Events Calendar within the community information facilities employed

Publish community events within Council’s newspaper Ongoing – Events Weekly content published Coordinator advertising employed

Objective 4 Ensure ongoing financial sustainability

Strategy 4.1 Pursue options to improve financial position

Detail of activities to be undertaken in next 12 months Performance Indicators Progress

Implement cost saving actions identified within the Resourcing Strategy

Ongoing but also Identify potential cost savings Costs identified part of SRV process

Consult with the community regarding service levels and Part of SRV – Community Engagement undertaken commenced, CSP potential cost savings and asset rationalisation reviewed

Incorporate agreed actions within 2014-2015 Operational Operation Plan reflects agreed As identified Plan actions

Prepare a Special Rate Variation (SRV) application for implementation from 2014-15 FY

Prepare initial documentation for presentation to the Documentation and presentations Initial newsletters and Community in accordance with SRV guidelines prepared presentations

Undertake Community Engagement on SRV options and Schedule of engagement undertaken Commenced associated service levels

Determine appropriate rating level and period of Rating levels and financial Part of SRV process application implications determined

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14 Seek community acceptance of proposed rate level Community feedback collated Commenced

Application notified by December Lodgement deferred Lodge application with IPART for commencement 2013 and lodged by February 2014 July 2015

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 144 6.4 2014 National General Assembly of Local Government

Report Author: General Manager.

Responsible Officer: General Manager.

Executive Summary

The Australian Local Government Association is calling for motions to be submitted for consideration at the National General Assembly to be held 15 – 18 June in Canberra.

Recommendation

1. That Council decides on a motion(s) for submission to the National Assembly 2. That Council decides on a delegate(s) to the Assembly and nominates a voting delegate.

Detailed report

The Australian Local Government Association (ALGA) is the national voice of local government, representing 560 councils across the country. In structure, ALGA is a federation of state and territory local government associations.

Key activities include representation of local government on national bodies and ministerial councils, providing submissions to government and parliamentary inquiries, raising the profile and concerns of local government at the national level and providing forums for local government to guide the development of national local government policies.

As one of Australia's three spheres of government, local government is represented by ALGA's President on the Council of Australian Governments (COAG). This peak government body brings together the Prime Minister, state premiers, territory chief ministers and the ALGA President to develop responses to issues of concern to all three spheres of government.

ALGA was founded in 1947 and, in 1976, established a secretariat in Canberra reflecting growing links with the Australian Government and an awareness of local government's emerging national role.

The Association's policies are determined by the ALGA Board, consisting of two representatives from each of the member associations and two from the ACT Government.

There are several current topics of interest that may profoundly influence our system of government and is defining the theme of the Assembly.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 145 These topics are:

 The establishment of a National Commission of Audit  The promised development of a white paper on a Reform of the Federation  A wide commitment to recue duplication between levels of government  The planned development of a white paper on taxation.

The theme of the Assembly “Getting Down to Business” therefore will be based on these and will seek to define for local government what business we are in, the resources we need and how we should fit into the federation. This theme aligns very well will much of the recent discussion around the LG Review.

Motions to the Assembly must be nationally relevant, directly related to the work of local government nationally and proposes a clear action and outcome. To be eligible for inclusion in the NGA Business Papers motions must follow the following principles:

1. Fall under the NGA theme; 2. Be relevant to the work of local government nationally; and 3. Complement or build on the policy objectives of state and territory associations.

Motions should be received by ALGA no later than 17 April 2014.

Suggested motions

That the National Assembly:

o Seek to clarify the responsibility and role of each tier of government and how the associated functions are funded. o Seek a re-alignment of federal funding arrangements so that all levels of government have a more efficient match between their responsibilities and their finances to address the imbalance between cost burden and delivery expectation. Also to address the growing infrastructure gap and productivity impact. o Strive that wherever possible regional groupings of councils are aligned to state and federal regional agencies. o Call for an acknowledgement of the current cost shifting burden on local government, that this be transparently reported and an improved funding model be developed to address this burden. o Seek acknowledgement of the effectiveness, transparency and consultative attributes of the IP&R process and that state and federal agencies adopt such a model to enable an enhanced regional strategic planning alignment.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 146 o Drive for departments of local government to be less focused on compliance and more focused on support, sector development, benchmarking, improvement and innovation. o Call for a process whereby fees that are set to perform regulatory functions that are carried out by local government on behalf of state governments arising from state legislation be appropriate to the associated cost. o Seek a transparent and collaborative approach to Australia‟s infrastructure crisis to address planning, coordination and funding through a National Infrastructure framework supported by appropriate Infrastructure Plans. o Advocate that a National Infrastructure framework be established and used as the tool to determine the relevant government and private sector funding contributions for identified priority infrastructure.

The Assembly will be held in Canberra 15 – 18 June and Council may decide to send a delegate. My report to Council on the last Assembly detailed the outcomes and discussion. The Assembly is an invaluable networking and learning opportunity.

Each council has one vote on the motions as put to the Assembly.

Financial and resource implications.

Early bird registration (by 28 April) cost to attend the Assembly is $899 per delegate. Accommodation charges would of course be additional to this.

Policy implications

There are no particular policy implications for Council in regard to this matter. Council has an objective to maintain information, communication and productive alliances.

Risk considerations

There are no risk implications in regard to this report.

Statutory/Regulatory considerations

There are no Statutory/Regulatory considerations in regard to this report.

General Manager’s Report Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 147 Attachments

1. ALGA Assembly Information

2. ALGA Assembly Brochure

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Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 158 6.5 Landfill Works Tender

Report Author: Environment and Waste Co-ordinator

Responsible Officer: General Manager

Executive Summary

Council sought prices for improvement works at the Gloucester landfill from 4 selected contractors rather than adopt a full tender process.

This is permissible under the Local Government Act (1993) (LGA) as the value of the contract was calculated tobeless than $150,000. Two contractors submitted tenders, with the lowest quote at $148,550, GST exclusive.

Local Government Act does not specify whether the upper limit before tenders must go before Council is GST exclusive, but states that this is a decision to be made by Council.

Further, if the tenders are not accepted, Council can decide to hold negotiations with any persons, regardless of whether or not they tendered for the project.

Recommendation

To meet the requirements of the Local Government Act 1993,

1. That Council decline both tenders 2. That Council‟s General Manager enter into negotiations with the contractor who quoted the lower price.

Background

In the 2013/14 budget, improvement works at the Gloucester landfill were approved. Plans for the construction have been completed, were put on display at Council over December 2013 and January 2014, and subsequently approved.

The pre-tender estimate for this section of the works was estimated to be under the value of $150,000, and therefore the tender was put out to selective contractors. Four contractors were contacted and two contractors submitted tenders by the due date. The tenders received were for $148,550 and $239, 796, both exclusive of GST.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 159 The Local Government Act does not specify whether the final price of the tenders should include GST. Instead it states that this is a decision that can be made by Council . The following extract from the Guidelines is pertinent (full copy is appended) :

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 178 Acceptance of tenders

178 Acceptance of tenders (1) After considering the tenders submitted for a proposed contract, the council must either: a. Accept the tender that having regard to all the circumstances, appears to it to be the most advantageous, or b. Decline to accept any of the tenders...... (2) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following: ...... (e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender,

On advice from Hunter Procurement, who have expertise in tendering, it was decided to place the decision with Council. Evaluation criteria used for evaluating the earthworks at the Gloucester landfill

Row Gloucester Evaluation Criteria % Ditchfield No. Shire Council Lump Sum Tender Price ($) ex 1 $210,725.10 $148,550.00 GST

2 Tender Price Assessment 75 59.18 83.94

3 Suitability of Equipment 5 1.00 0.00

4 Condition of Equipment 3 0.00 0.00

5 Previous Experience 6 4.20 0.00

6 Work Health & Safety 8 5.60 5.60

7 Industrial Relations 3 2.10 2.55

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 160 Maximum and Total Scores 100.00 72.08 92.09

Best Value for money

Gloucester Council submitted its own price to complete the works. This price was prepared in complete isolation of and independence from, the initial estimate and from other tenders.

Based on the evaluation criteria Council is the preferred contractor to perform the works.

Financial and resource implications

If Council advertises the tender on the open market, there is a chance that the lowest tenderer will either not tender or increase its price.

There are no financial and resource implications for Council in regard to this matter

Policy implications

There are no policy implications for Council on this matter

Risk considerations

1. The tender price is close to the tender limit value under the LGA. If the project exceeds this value, Council will be in breach of the Local Government Act. 2. There is a risk that the delay of the tender being awarded to any contractor, will delay the works and will result in the project being incomplete at the end of this Financial Year.

Statutory/Regulatory considerations

The recommendation will ensure Council follows relevant Statutory/Regulatory considerations in regard to this report

Appendix

1. New South Wales Consolidated Regulation

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 161

New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 178

Acceptance of tenders

178 Acceptance of tenders

(1) After considering the tenders submitted for a proposed contract, the council must either: (a) accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous, or (b) decline to accept any of the tenders. (1A) Without limiting subclause (1), in considering the tenders submitted for a proposed contract for the performance of domestic or other waste management services, the council must take into account whether or not existing workers (within the meaning of clause 170) will be offered employment or engagement on terms and conditions comparable to those applicable to the workers immediately before the tender was submitted. (2) A council must ensure that every contract it enters into as a result of a tender accepted by the council is with the successful tenderer and in accordance with the tender (modified by any variation under clause 176). However, if the successful tender was made by the council (as provided for in section 55 (2A) of the Act), the council is not required to enter into any contract in order to carry out the requirements of the proposed contract. (3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following: (a) postpone or cancel the proposal for the contract, (b) invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details,

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 162 (c) invite, in accordance with clause 168, fresh applications from persons interested in tendering for the proposed contract, (d) invite, in accordance with clause 169, fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract, (e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender, (f) carry out the requirements of the proposed contract itself. (4) If a council resolves to enter into negotiations as referred to in subclause (3) (e), the resolution must state the following: (a) the council’s reasons for declining to invite fresh tenders or applications as referred to in subclause (3) (b)-(d), (b) the council’s reasons for determining to enter into negotiations with the person or persons referred to in subclause (3) (e).

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Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 163 6.6 Requests for Contributions

Report Author: General Manager

Responsible Officer: General Manager

Executive Summary

Council has received 2 requests for support from local organisations.

This report is for Council‟s consideration and decision.

Recommendation

That Council determine whether to support:

3. A request from Gloucester Home Maintenance for reimbursement of the development application fee of $285. 4. A request from Gloucester Bowling and Recreation Club to sponsor a seat at a cost of $400.

Background

The Requests

1. Gloucester Home Maintenance is a not-for-profit local organisation funded by the Department of Health and Aging to assist elderly and disabled and their carers to remain in their home as long as possible. They are seeking a reimbursement of $285 paid for a development application with regard to signage.

2. Gloucester Bowling and Recreation Club is a local sporting organisation. They are seeking sponsorship for seating around their new synthetic green at a cost of $400. Under s356 of the Local Government Act (1993) Council may contribute money of otherwise grant financial assistance. If a private gain is involved then 28 days public notice is required. However this is not required if part of a specific program detailed in our management plan and does not exceed 5% of the income from ordinary rates.

Council has a Financial Assistance Policy which although subject to review does represent the current position of Council.

Comment

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 164 1. If Gloucester Home Maintenance (GHM) is considered a charitable organisation then Council‟s policy precludes financial assistance. The policy position states that “it is considered to be the individual choice of ratepayers to make donations to the above causes and Council should not further donate community funds”.

I suggest that the meaning of “charitable” for the purposes of our policy does not apply to GHM and Council could support the request.

2. For local sporting organisations such s the Gloucester Bowling and Recreation Club (GBC) Council‟s policy provides for assistance as an “annual grant”.

I suggest that given the significant funding GBC has been able to provide for the synthetic green, the sponsorship nature of their request and Council‟s financial position that this request not be supported.

Financial and resource implications

Council has budgeted for donations and there is sufficient to cover these requests.

Policy implications

There are no policy implications for Council on this matter

Risk considerations

3. The risk of allocating funds in a time of financial constraint. 4. The risk of not supporting local organisations.

Statutory/Regulatory considerations

There are no Statutory/Regulatory considerations in regard to this report.

Attachments

1. Letter from Gloucester Home Maintenance 2. Letter from Gloucester Bowling and Recreation Club

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Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 167 7. Committee Reports

7.1 Section 355 Committees

7.1.i Draft Minutes of the Infrastructure and Works Committee Meeting held 25 March 2014

Report Author: Manager Technical Services

Responsible Officer: Manager Technical Services

Executive Summary

Council has implemented Section 355 Committees which operate pursuant to Council‟s direction and its Community Strategic Plan. Each Committee is required to submit the Minutes of its meeting to the next scheduled Ordinary Meeting of Council for consideration.

RECOMMENDATION

That the draft Minutes of the meeting of the Infrastructure and Works Committee Meeting held 25 March 2014 be received and recommendations numbered CR5 to CR6 contained therein be endorsed.

Detailed Report

The Infrastructure and Works Committee met on 25 March 2014 (copy Minutes attached) and made the following recommendations which are listed for Council‟s formal consideration:

CR5 RECOMMENDED that the Committee review Council‟s policy on fencing adjacent to sealed roads in light of the adopted CR22, ie that the Policy be modified to take into account site difficulties, impact on primary land use viability and any other extraordinary matters that may impact on the practicality of providing fenced bitumen sealed roads. Further to that, the policy should include consideration for reduced speed signage, stock on road signage in locations where fencing was not feasible on bitumen roads.

CR6 RECOMMENDED that Council utilise Roads to Recovery funding In 2014/15 to extend the seal on Waukivory Road with the aim of completing the seal to the boundary in 2015/16.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 168 Alignment with Strategic Plan

Council‟s Infrastructure and Works Committee addresses Direction 1 of Council‟s Community Strategic Plan.

Financial and Resource Implications

CR5 - Current funds cover these arrangements.

CR6 – Nil – Roads to Recovery grant funding will be utilised.

Policy Implications

CR5 – Council‟s current Policy will be reviewed.

CR6 – Nil.

Risk Consideration

CR5 – Council needs to be adequately protected from liability arising from roadside fencing.

Statutory/Regulatory Consideration

CR 5 - Council‟s Policy must observe the regulations contained in the Roads Act 1993.

Attachment

1. Draft Minutes of the Infrastructure and Works Committee Meeting held 25 March 2014.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 169

DRAFT MINUTES OF THE MEETING OF THE INFRASTRUCTURE AND WORKS COMMITTEE HELD 25 MARCH 2014

The meeting commenced at 10.30am.

PRESENT: Councillors Katheryn Smith (Chair), Crs John Rosenbaum and James Hooke, Kerry Cowan, General Manager, Danny Green and Manager of Technical Services, Gil Gendron.

Also in attendance Matthew Leibrandt, Manager Operations.

APOLOGIES: Cr Aled Hoggett and Cr Jim Henderson (post apology as a result of late receipt of Agenda).

ADOPTION OF MINUTES:

RESOLVED that the Minutes of the meeting held on 3 December 2013 be received.

MATTERS ARISING:

1. Fencing Adjacent to Sealed Roads

CR5 RECOMMENDED that the Committee review Council‟s policy on fencing adjacent to sealed roads in light of the adopted CR22, ie that the Policy be modified to take into account site difficulties, impact on primary land use viability and any other extraordinary matters that may impact on the practicality of providing fenced bitumen sealed roads. Further to that, the policy should include consideration for reduced speed signage, stock on road signage in locations where fencing was not feasible on bitumen roads.

2. Self Assessment Form

The Committee members were again requested to complete this form.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 170 AGENDA ITEMS

1. Presentation to Committee by Manager Operations, Mr Matt Leibrandt on the current Pool Strategy and 10 Year Maintenance and Upgrade Program

The Committee supported the application for a 100% grant to be submitted for the upgrade of the heat pumps and the dehumidifier and the construction of a small gymnasium as an extension to the existing hydrotherapy complex.

The Committee also suggested that the operation of the pool canteen be reviewed as part of the Recreational Management Plan.

2. Bridge Replacement Program for 2014/15

The Committee recommended that Council adopt the following replacement strategy for 2014/15:

i. Repair of Jacks Road Bridge to a 15 tonne load limit capacity at $60,000 Estimate in 2013/14 updated to 2014/15 estimate

ii. The refurbishment of Geale‟s Bridge on Scone Road

3. Seal Extension Program for 2014/15

The Committee considered a number of options to utilise the Roads to Recovery funding which is anticipated to be approximately $405,000 which will seal approximately 2.5 to 3 kilometres of gravel road. The Committee concluded that Council should consider completing seals to reduce future gravel road maintenance costs where possible.

CR6 RECOMMENDED that Council utilise Roads to Recovery funding In 2014/15 to extend the seal on Waukivory Road with the aim of completing the seal to the boundary in 2015/16.

Next Meeting

It was recommended that the next meeting be in approximately 3 months‟ time with a date to be advised.

There being no further business, the meeting closed at 12 noon.

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7.1.ii Draft Minutes of the Economic Development Committee Meeting held 3 April 2014

Report Author: General Manager

Responsible Officer: General Manager

Executive Summary

Council has implemented Section 355 Committees which operate pursuant to Council‟s direction and its Community Strategic Plan. Each Committee is required to submit the Minutes of its meeting to the next scheduled Ordinary Meeting of Council for consideration.

RECOMMENDATION

That the draft Minutes of the meeting of the Economic Development Committee Meeting held 3 April 2014 be received and recommendations numbered CR7 to CR8 inclusive contained therein be endorsed.

Detailed Report

The Economic Development Committee met on 3 April 2014 (copy Minutes attached) and made the following recommendations which are listed for Council‟s formal consideration:

CR7 RECOMMENDED:-

 That all Thursday sales be open to any Agent who has been issued a “Gloucester Shire Council Selling Agent Permit” and be classed as “Regular“ sales.  That all sales held on days other than Thursday be classed as “Special” sales.  That a fee be charged for issuing a “Selling Agent Permit”. This will be an annual fee initially set at $2,000 and is not transferrable.  That the Booking Fee for Special sales be $500 or as listed in Council‟s Fees & charges  That all selling agents must comply with the requirements of the “Gloucester Shire Council Saleyard Selling Agent Permit”.  That the “Gloucester Shire Council Selling Agent Permit” be adopted pending legal advice. (see attached).

CR8 RECOMMENDED:-

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 172  That 2 years annual fee be waived for Gooch Agencies and 1 year for Taree Gloucester Livestock in recognition of their previous association with the saleyards.  This arrangement to commence 1 January 2015. Alignment with Strategic Plan

Council‟s Economic Development Committee addresses Direction 3 of Council‟s Community Strategic Plan.

Financial and Resource Implications

CR7 – Additional minor income from annual licence, but need to acknowledge impact on agents‟ usage.

CR8 – Nil.

Policy Implications

Compliance with Council‟s Policy on the use of the Saleyards will be enforced.

Risk Consideration

CR7 – Impact of an inappropriate fee structure on agents‟ performance and use of saleyards.

CR8 – Nil.

Statutory/Regulatory Consideration

Nil.

Attachment

1. Draft Minutes of the Economic Development Committee Meeting held 3 April 2014.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 173

DRAFT MINUTES OF THE ECONOMIC DEVELOPMENT COMMITTEE MEETING HELD ON 3 April 2014

The meeting commenced at 9.00 am

PRESENT: Cr Aled Hoggett, Cr. Jim Henderson David Marston, Ken Johnson, Yvonne Reynolds, Tony Tersteeg, Donnelle Walker and Danny Green. In attendance Brian Dixon and Bruce Sun.

APOLOGIES: Cr F Hooke, Ian Shaw and Stewart Carruthers

Mark Fordree advised that he has resigned from the committee due to work commitments. The committee acknowledged Mark’s contribution and a letter of appreciation will be sent.

Cr Henderson chaired the meeting

ADOPTION OF MINUTES:

RESOLVED that the minutes of the meeting held on 27th February 2014 be adopted.

ITEMS OF BUSINESS:

1. Saleyards

Brian Dixon as chair of the Saleyards Working Group presented on the Group’s recommendation to the Committee. A change in the agency arrangements was driven by a need to promote competition to increase sales and prices for producers, to increase returns to Council and to recognize the economic impetus the saleyards make to the town itself.

The Committee acknowledged the time and experience that the Saleyard Working Group brought to developing their recommendations as proposed and discussed whether a one off fee is appropriate, if introduced should such a fee be transferrable and also the merit or otherwise of recognizing previous saleyard involvement and promotion by agents. It was suggested that the one off fee at a suitable amount would serve to demonstrate longer term commitment.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 174

CR7 RECOMMENDED:-

 That all Thursday sales be open to any Agent who has been issued a “Gloucester Shire Council Selling Agent Permit” and be classed as “Regular“ sales.  That all sales held on days other than Thursday be classed as “Special” sales.  That a fee be charged for issuing a “Selling Agent Permit”. This will be an annual fee initially set at $2,000 and is not transferrable.  That the Booking Fee for Special sales be $500 or as listed in Council’s Fees & charges  That all selling agents must comply with the requirements of the “Gloucester Shire Council Saleyard Selling Agent Permit”.  That the “Gloucester Shire Council Selling Agent Permit” be adopted pending legal advice (see attached). Marston/Reynolds

Cr Tersteeg voted against this motion

CR8 RECOMMENDED:-

 That 2 years annual fee be waived for Gooch Agencies and 1 year for Taree Gloucester Livestock in recognition of their previous association with the saleyards.  This arrangement to commence 1 January 2015. Marston/Reynolds

Cr Tersteeg voted against this motion

2. Committee Self Assessment Council has reviewed all committees and will be conducting another round of EOIs. The self assessment exercise looked at Committee membership and it was noted that Health, Mining and Tourism sectors are not currently fully represented.

3. Strategy This has yet to commence.

4. Chamber Day Yvonne reported on a regional workshop at which RV Compliant towns, local procurement and council relationships were discussed.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 175

5. Other Items Yvonne queried Council’s “everybodysBusiness” newsletter and status of merger options. An update on the Turkey Run will be presented to next meeting.

6. DCP Council has commenced a review of the DCP including Barrington Village which will need to be worked through all Council committees and community consultation.

NEXT MEETING

To be held at 9:00am on 4 June 2014, in Council’s Committee Room, 89 King Street, Gloucester.

Meetings for 2014 to be held on 1st Wednesday of every second month commencing 9 a.m.

 6 August  1 October  3 December

Meeting Closed

There being no further business the meeting closed at 11.00 am.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 176 7.2 External Committee Reports

7.2.i Meeting of the Mid North Weight of Loads Group held 3 March 2014

Attached are the Minutes of the meeting of the Mid North Weight of Loads Group held 3 March 2014.

7.2.ii Meeting of Country Mayors Association held 14 March 2014

Attached are the Minutes of the meeting of the Country Mayors Association held 14 March 2014.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 177

MINUTES OF THE MID NORTH WEIGHT OF LOADS GROUP

MEETING HELD AT LIVERPOOL PLAINS SHIRE COUNCIL

CHAMBERS, QUIRINDI, MONDAY 10 MARCH 2014

The meeting commenced at 10.30am with the General Manager of Liverpool Plains Shire Council, Mr Robert Hunt, providing a welcome to all Delegates and guests.

PRESENT Liverpool Plains – Charlie Simkin and Greg Tory. Gloucester – Cr Katheryn Smith, Susie Jones and Gil Gendron Weight of Loads Inspectors – Mick Elliott, Warren Johnson, Walter Markham Uralla – Cr Fred Geldof, Robert Bell and Stephen Finch Muswellbrook – Peter Higgins Walcha – Steve McCoy Tamworth – Craig Orvard Peter McGlynn and Water Davey - RMS Jodie Broadbent, Manager ATA NSW

APOLOGIES Nambucca – Cr Brian Finlayson and Paul Gallagher Walcha – Cr Clint Lyon Armidale/Dumaresq Council – Cr Andrew Murat and David Steller Cr Derek Finnigan Coffs Harbour – Ben Lawson and Greg Power Bellingen – Cr Garry Carter and Warwick Knight

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 178 Kempsey – Robert Scott and Trevor Dickson

MINUTES OF THE PREVIOUS MEETING

The Minutes of the meeting held at Nambucca Shire Council on Monday 9 September 2013 were adopted.

BUSINESS ARISING: Nil.

Financial Report to 31 January 2014 The financial report to 31 January 2014 was received.

RESOLVED that the revised budget as presented be adopted.

Meeting with Inspectors

The report of the meeting with Inspectors was noted.

RECOMMENDED that a twin cab vehicle be trialled when suitable changeover occurs.

Statistics

The statistical report as presented was noted.

Update by Chairperson, Katheryn Smith

Cr Smith advised that she had undertaken 2 teleconference meetings with the other 4 groups including discussions with Mick Savage of the Transport Directory. It was noted that Mick Savage was to arrange a joint meeting with the RMS.

RECOMMENDED that Executive and the Supervising Engineers aim for a joint meeting of the NSW Weight of Loads Groups in conjunction with the Weight of Loads Officers‟ Annual Conference to be held at Ballina later this year.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 179 RECOMMENDED that the NHVR be requested to send a representative to the next Group meeting to discuss recent heavy vehicle regulation changes.

Presentation by RMS – Peter McGlynn – Operations Manager, Dubbo – Vehicle Regulation Western Region

Peter updated the Group on his interpretation of the current NHVR introduction, in particular in relation to permits and advised that specific permits still rested with the RMS. Access permits through the NHVR permit system now lay with local Councils, but if denied by the Asset Manager specific reasons must be given for refusal which would be considered by the NHVR.

It was noted that route assessment was not provided by the NHVR (ie determination of suitability of various roads, for example structural determination of bridge capacities.

Peter also advised that local notices would continue until they expired and would then be reviewed in line with the National Regulations. The registrations stay with the States and until further notice, authorised officers would continue with enforcement of regulations.

Presentation by Representative from Australian Transport Association (ATA)

Jodie Broadbent, the Manager of ATA NSW Division, addressed the Group and made the following points:-

 The NHVR has resulted in slower permit issues with 2000 applications received in the first week, resulting in a mass overloading of the NHVR processing system.  The on-line application system is an issue which requires streamlining.  NHVR staff seem to be lacking in heavy vehicle knowledge  Councils generally were not prepared for the introduction of the NHVR and are unaware of what they need to do.

Jodie advised that the ATA was very keen to help with permit progression or any other heavy vehicle issue and she could be contacted via phone (02 99226507, email – [email protected] or via their website www.atansw.net.au

Presentation by Liaison Officer

Warren Johnson gave an outline of the Officers‟ works and programs over the last 6 months.

Next Meeting

RESOLVED that the next meeting be hosted by Port Macquarie Hastings Council on Monday 8 September 2014.

There being no further business, the meting closed at 12.15pm.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 180 Country Mayors Association of NEW SOUTH WALES

Chairman: Cr Rod Kendall PO Box 20 Wagga Wagga NSW 2650 02 69269111 ABN 92 803 490 533

MINUTES

GENERAL MEETING

FRIDAY, 14 MARCH 2014, COUNTRY EMBASSY, SYDNEY

The meeting opened at 9.32 a.m.

1. ATTENDANCE:

Albury City Council, Mr Frank Zaknich, General Manager Armidale Dumaresq Council, Cr Laurie Bishop, Mayor Bathurst Regional Council, Cr Gary Rush, Mayor Bathurst Regional Council, Mr David Sherley, General Manager Bellingen Shire Council, Cr Mark Troy, Mayor Berrigan Shire Council, Cr Bernard Curtin, Mayor Berrigan Shire Council, Mr Rowan Perkins, General Manager Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Mr Glenn Wilcox, General Manager Council, Cr Wendy Tuckerman, Mayor Boorowa Council, Ms Anthony McMahon, General Manager Dubbo City Council, Cr Mathew Dickenson, Mayor Dubbo City Council, Mr Mark Riley, General Manager Eurobodalla Shire Council, Cr Lindsay Brown, Mayor Gloucester Shire Council, Cr John Rosenbaum, Mayor Gloucester Shire Council, Mr Danny Green, General Manager Griffith City Council, Cr John Dal Broi, Mayor Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Owen Hasler, Mayor Inverell Shire Council, Cr Paul Harmon, Mayor Council, Mr Craig Moffitt, General Manager Leeton Shire Council, Cr Paul Maytom, Mayor

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 181 Liverpool Plains Shire Council, Cr Ian Lobsey, Mayor Mid Western/Mudgee Regional Council, Cr Des Kennedy, Mayor Mid Western/Mudgee Regional Council, Mr Warwick Bennett, General Manager Narrabri Shire Council, Cr Conrad Bolton, Mayor Queanbeyan City Council, Cr Tim Overall, Mayor Shoalhaven City Council, Mr Russell Pigg, General Manager Tamworth Regional Council, Cr Col Murray, Mayor Tamworth Regional Council, Mr Paul Bennett, General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Gary Lavelle, General Manager Council, Cr John Shaw, Mayor Upper Lachlan Shire Council, Mr John Bell, General Manager Council, Cr Patrick Bourke, Mayor Urana Shire Council, Mr Adrian Butler, General Manager Wagga Wagga City Council, Cr Rod Kendall, Mayor Wagga Wagga City Council, Mr Phil Pinyon, General Manager Council, Cr Neil Gorey, Mayor Wakool Shire Council, Mr Bruce Graham, General Manager Warrumbungle Shire Council, Cr Peter Shinton, Mayor Warrumbungle Shire Council, Mr Steve Loane, General Manager Wellington Shire Council, Cr Rod Buhr, Mayor Wellington Shire Council, Mr Michael Tolhurst, General Manager , Mr David Rowe, General Manager

APOLOGIES: As submitted

SPECIAL GUESTS: Hon Donald Page, Minister for Local Government, and Minister for the North Coast Mr Geoff Frost, Regional Research Leader, Bureau of Infrastructure, Transport and Regional Economics

2. ADOPTION OF MINUTES OF PREVIOUS MEETING: RESOLVED that the minutes of the General Meeting held on 15 November 2013 be accepted as a true and accurate record (Bellingen Shire Council / Gunnedah Shire Council).

3. Matters Arising from the Minutes Nil

4. Membership Invitations were sent out to non member Councils to attend this meeting and Blaney Shire, Jerilderie Shire, Leeton Shire, Urana Shire, Wakool Shire and

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 182 Wellington Shire are represented today. Bega Valley Shire, and Walcha Shire will attend the next meeting.

5. CORRESPONDENCE Outward (a) The Hon Constance MP, Minister for Finance thanking him for his presentation on 15 November 2013 (b) Mr Jock Laurie, NSW Land and Water Commissioner thanking him for his presentation on 15 November 2013 (c) Mr Peter Coulton, Director of Corporate Services, Local Government NSW thanking him for his presentation on 15 November 2013

NOTED

6. FINANCIAL REPORT RESOLVED That the financial reports for the last quarter were tabled and accepted (Boorowa Shire Council / Berrigan Shire Council)

7. Review of Constitution Clauses 18, 19 and 29 were discussed and it was RESOLVED on the majority of members present that the recommended clause changes be adopted RESOLVED on the majority of members present that General Manager be deleted from clause 6 RESOLVED on the majority of members present that Clause 9 heading be amended to “Conduct of Members” and the clause to read “The provisions of the Model Code of Conduct for Local Councils in NSW shall apply in cases of alleged misconduct”

8. Policy Issues (a) Resourcing of Regional and Rural Councils RESOLVED on the majority of members present that proposal 1 be subject to Councils being allowed to apply for a Special Rate Variation if they miss out on any redistribution or are adversely affected RESOLVED on the majority of members present that proposal 4 be deleted RESOLVED on the majority of members present that an additional proposal on the National Roads Reporting Pilot be included

(b) Planning Reform and Population and Housing Projections RESOLVED on the majority of members present that the policy paper be adopted and it be forwarded to LGNSW for comment

9. PRESENTATIONS

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 183 9.1Hon Donald Page, Minister for Local Government, and Minister for the North Coast The Local Government reform process started in Dubbo in 2011. The aim is to have more effective service delivery, for councils to be sustainable, to improve governance structures, to improve relationships between councils and their communities and between councils and follow the principle that one size doesn‟t fit all. No forced amalgamations was one of the Review Panels Terms of Reference. The Government‟s response to the report will be referred to Cabinet.

THE Minister advised that he was not allowed to comment on the recommendations to Cabinet but did outline some general principles where he believed there was support. The Government is generally supportive of  Joint Organisations and 10 areas are outlined in the report  A financing agency for Local Government that will allow councils to borrow at the same rate that the State can, which could amount to a saving of up to 2%  Redistribution of Financial Assistance Grants so those that need it most will get the money

The Minister has signed a new intergovernmental agreement with LGNSW which will promote better co-operation and communication and provides for a minimum of 2 meetings per year. Feedback on the Model Code of Conduct has been good and the Early Intervention Legislation allows issues to be dealt with upfront. The Minister would like to see increased involvement by the Auditor General with Local Government and would appreciate feedback in this regard.

9.2 Mr Geoff Frost, Regional Research Leader, Bureau of Infrastructure, Transport and Regional Economics Mr Frost gave a presentation on the Bureaus research on the Evolution of Australian Towns across the census 1911, 1961 and 2006. The project considers 4 basic questions  How has settlement patterns in Australia‟s towns changed from 1911 to 2006  What caused the changes  What mechanisms  What does that mean for the future A copy of the presentation is attached to the minutes

10. General Business

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 184 Postal and Electronic Voting Local Government Elections The executive will prepare a position paper to be submitted to the next meeting of Country Mayors

There being no further business the meeting closed at 12.15pm.

Cr Rod Kendall Chair – Country Mayor‟s Association of NSW

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 185 8. Government Circulars, Letters and Ministerials

1. Residents of Aged Care Units

During the major blackout event on 17 March, Gloucester township and the surrounding district were left without power for some considerable time.

Council employees delivered hot thermoses and tea/coffee to residents of the aged care units during the blackout.

Below is a copy of the thank you card received from the residents of the King Street units.

Government Circulars, Letters and Ministerials Gloucester Shire Council Ordinary Meeting – 16 April 2014 P a g e | 186