MINUTES OF THE ORDINARY MEETING OF THE TORRES SHIRE COUNCIL HELD IN THE SHIRE OFFICES, DOUGLAS STREET, ON TUESDAY, 17 JULY 2018 ______

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

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

ACKNOWLEDGEMENT

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

CONDOLENCE A minute silence was held for those who have recently passed away.

Mrs Nita Larry (nee Elu) Mr Alfred Sailor Mr Norman Savage Mr Tim Baxter

DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT

Deputy Mayor Loban In Committee – Tender 01/2018 Inter Island Travel 2018-2019

CONFIRMATION OF MINUTES

Min. 18/7/1 Moved Cr. Abednego, Seconded Deputy Mayor Loban “That Council receive the Minutes of the Ordinary Meeting 26 June 2018 and confirm as a true and correct records of the proceedings.” Carried

Min. 18/7/2 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council receive the Minutes of the Special Meeting 27 June 2018 and confirm as a true and correct records of the proceedings.” Carried

BUSINESS ARISING AND MATTERS FOR ACTION FROM PREVIOUS MEETING CEO referred to the ‘Matters for Action following a Council Meeting’ document for the month of June 2018 provided to Councillors with updated information.

Business Arising and Matters for Action from previous Meeting Thursday Island Cemetery - Building  Cr. Abednego requested an update on situation of old building and new building DEIS responded new building all set to move in A/DCCS responded no legal proceedings in place regarding lease

Section 1 - Chief Executive Officer Report Dalassa Yorkston offered her apology for not being able to attend the LGAQ Indigenous Roadshow being held in Sydney on 19-20 July 2018 and arrangements are being made for Deputy Mayor Loban to attend in her place with Cr. Loban.

General Business DEIS gave an update on NDRRA funded projects.

Attendance: Cr. Thomas Loban arrived at the meeting at 9.30am.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 1 REPORT FROM MAYOR

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

PURPOSE To provide an update on representations undertaken by Mayor Vonda Malone for the period 26 June – 15 July 2018.

Ministerial Visit - The Hon. Stirling Hinchliffe, Minister for Local Government, Racing and Multicultural Affairs - 27 June, 2018  Torres Shire Council (TSC) made deputations with Minister Stirling Hinchliffe during his visit to the region. Minister Hinchcliffe has initiated a tour of all Councils to provide direct advice on the Belcarra Report. Councillors have been briefed about the report and new legislative reforms resulting from the Crime and Corruption Commission’s (CCC) Belcarra recommendations. The report outlines a number of recommendations to improve the equity, integrity and accountability of Qld local governments.

Ministerial Visit - The Hon. Shannon Fentiman, Minister for Employment and Small Business and Minister for Training and Skills Development and Torres Strait Ministerial Champion – 28 June, 2018  Minister Shannon Fentiman visited the region in her new portfolio. I was able to accompany her to the Thursday Island TAFE Campus where she engaged with the students undertaking various studies locally.

Ministerial Visit - State Shadow Minister’s Stephen Bennett MP and Michael Hart MP – 29 June, 2018  Council was able to welcome two State Shadow Minister’s Stephen Bennett MP who holds the portfolio of Child Safety, Youth and Prevention of Domestic and Family Violence and Veterans and Michael Hart MP, Shadow Minister for Housing and Public Works, Energy, Innovation and the Digital Economy during their familiarisation visit.  During deputations TSC tabled the unique issues faced by TSC including housing, social and economic impact of current government service delivery model on residents and future growth opportunities including the expansion of the Horn Island International Airport and the Tourism Hub Both Shadow Ministers had a particular interest in the Horn Island Affordable Housing Project and were able to visit the allocated site.

Indigenous Reference Group Meeting for the Ministerial Forum on Developing Northern Australia, - 5- 6 July, 2018  The recent Indigenous Reference Group Meeting (IRG) gave the opportunity for members to regroup and reflect on the outcome of the Ministerial Forum on Northern Development held in April, 2018.  IRG tabled 16 recommendations to the Ministerial Forum focussing on enabling greater engagement and economic advancement of Indigenous people in the Northern Australia agenda.  Mr Allen Cunneen from the Department of Aboriginal and Torres Strait Island Partnerships (DATSIP) is leading the Government response. There are a series of work planned in the lead up to the 3rd Ministerial Forum on Northern Development in November 2018.

National NAIDOC Aboriginal and Torres Strait Islander Women’s Conference, Sydney – 11-12 July 2018  I attended the National NAIDOC Aboriginal and Torres Strait Islander Women’s Conference as a keynote speaker. Over the two day event we were inspired by the many experienced and strong Indigenous women, with a line-up of the best in the country including:

. Dr June Oscar, AO – Aboriginal and Torres Strait Islander Social Justice Commissioner . Linda Burney, MP – Member for Barton, Australian Labor Party . Dr Jackie Huggins – Co-Chair National Congress of Australia . Terri Janke – Solicitor and Director of Terri Janke and Company . Kerrie Tim – Former Chief of Staff to Minister for Aboriginal and Torres Strait Islander Affairs . The Hon. Cynthia Lui – Member of Cook . Pat Anderson, AO – Chairperson, Lowitja Institute . Dr Anne Martin – Former Co-Chair National NAIDOC Committee . Dr Anitta Heiss – Australian Author and Presenter

 With the support of Minister Fentiman, Torres Strait Ministerial Champion I secured funding through the Department of Communities and the Department of Aboriginal and Torres Strait Islander Partnership (DATSIP) to enable four additional Torres Strait women to accompany me to the conference. Delegates from the Torres Strait Island Regional Council were also in attendance. I wish to thank Minister Fentiman and the Department of Communities and DATSIP for their contribution.

Note: My representation for NAIDOC events during NAIDOC week was covered by the NAIDOC event coordinators.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 2 REPORT FROM MAYOR (cont’d)

Other Representations 1. The Hon. Shannon Fentiman, Ministerial Visit Dinner – 26 June, 2018. 2. The Hon. Sterling Hinchcliffe and The Hon. Shannon Fentiman, Ministerial Visit Dinner – 27 June, 2018. 3. NAIDOC Corporate Breakfast, Cairns – 10 July, 2018 4. Presenter, NAIDOC Panel Discussion, James Cook University, Cairns – 10 July, 2018 5. Presenter, National Press Club, Sydney – 12 July, 2018. 6. Interview, The Point, NITV – National NAIDOC Celebration Special Broadcast, Sydney – 12 July, 2018. 7. Luncheon with Mayor of Randwick City Council, Cr. Lindsay Shurey, Gary Ella, Council’s Coordinator Community Development and Noeleen Timery, Chairperson La Perouse Local Aboriginal Land Council. 8. Co-Presenter with General Sir Peter Cosgrove, Governor-General of Australia of the Elder of the Year (Male) award to Mr Russell Taylor - National NAIDOC Ball 2018 Theme: ‘Because of Her: We Can’, Sydney – 13 July, 2018

RECOMMENDATION That Council notes this brief.

Min. 18/7/3 Moved Cr. Abednego, Seconded Cr. Loban “That the Mayor’s Report be received.” Carried

Comments from:

Deputy Mayor Loban Congratulated TSC on the successful NAIDOC march and NAIDOC Awards events.

Cr. Bani Update on the Festival Indigenous Advisory Committee on the Winds of Zenadth Festival arrangements.

Cr. Loban Asked DEIS for information on concept plan of the beautification of Cook Esplanade. Commended staff and team on the successful NAIDOC events.

Cr. Abednego Advised the residents of Rosehill and other locals used the ZarZar Shed for the screening of Game 2 and 3 of the State of Origin and used their own generators to produce lighting. Requested that permanent lighting be established at this community facility. This year’s NAIDOC march was focused on female “Because of Her, We Can” and suggested TSC in partnership with Relationship Australia, Community Justice, Ker Kar Bau and Magistrate Court a need is required to focus on support for males.

Mayor Malone Congratulated the CEO and her team on coordinating the successful NAIDOC events.

Adjournment: The meeting adjourned for Morning Tea at 10.10am and resumed at 10.30am.

1. CHIEF EXECUTIVE OFFICER

REPORT

Governor-General of Australia visit to Torres Shire – His Excellency Governor- General Cosgrove and her Excellency Lady Cosgrove Their Excellencies the Governor-General and Lady Cosgrove are planning a visit to Torres Shire from Thursday 9 to Saturday 11 August 2018. Their visit is part of the Governor-Generals broader and ongoing outreach and engagement with regional Australia. On current planning, the Vice Regal delegation (Their Excellencies will be accompanied by 8-9 staff) will fly to Horn Island on Thursday 9 August on RAAF Special Purpose Aircraft and then transferred to Thursday Island.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 3 1. CHIEF EXECUTIVE OFFICER

REPORT

Governor-General of Australia visit to Torres Shire – His Excellency Governor- General Cosgrove and her Excellency Lady Cosgrove (cont’d) Torres Shire Council will host a community civic function to commemorate their Excellencies during this official visit to the Torres Strait.

Torres Strait NAIDOC Awards 2018 The Torres Strait NAIDOC Awards was hosted by the Events Team of Torres Shire Council held on Friday 13 July 2018. This annual event was sold out and seated 120 guests at the TI Sports Complex. The 2018 NAIDOC Awards were supported by major sponsors:

. Torres Strait Regional Authority (sponsored since 2009-2018) . Community Enterprise Queensland (sponsored since 2009-2018) . Sea Swift Pty Ltd (sponsored since 2009-2018) . Coral Sea Concrete . PDR SMEC Engineers . My Pathway . RPS Group . Austek Communications . Cairns Hardware . Department of the Prime Minister and Cabinet . Torres Shire Council (minor sponsors DATSIP)

The opening performance for the Torres Strait NAIDOC Awards was presented by Urab Dancers from Poruma Island, Torres Strait. Catering for the evening was provided by Mr and Mrs Stanley Cook of Waiben. Entertainment was provided by The Night Shift and DJ Mick Blue. The Award Winners for 2018 received their recognition during the function for all their contributions to the wider community.

The Torres Strait NAIDOC Award Recipients for 2018 were:

Youth of the Year Award Mr Wajo Weno, Horn Island Elder of the Year Award Mr Terence Maza, Mer Island Sports Person of the Year Award Miss Alion Guiga, Horn Island Trainee of the Year Award Miss Charleeja Viti, Thursday Island Artist of the Year Award Mr Edwin Turner, Hammond Island Community Event of the Year Torres Strait Light Infantry Battalion 75th Anniversary Celebrations Business of the Year One Way Solutions – David Ahboo Community Tributes Award Mr Aaron Tamwoy, Miss Ella Kris, Thursday Island Miss Leilia Abednego, Thursday Island Ms Lisa Nona, Horn Island Mr Mario Assan, Thursday Island Mrs Margaret Gabey, Thursday Island Miss Matilda Nona, Badu Island Mr Michael Bon, TI Main Events Mr Stephen Foster, Badu Island Mr Terry Abednego, Thursday Island Star of the Sea Indigenous Staff NAIDOC Person of the Year Award Mrs Jennifer Mairu, Thursday Island

Min.18/07/4 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council acknowledges the contribution of management and staff for the delivery of the event and thank all the Major Sponsors of the 2018 Torres Strait NAIDOC Awards for their sponsorship.” Carried

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 4 1. CHIEF EXECUTIVE OFFICER

REPORT

Torres Shire Council Tenders & Quotations As Council progresses to construction stage of current grant funded projects, a number of tenders and quotations have been prepared and called as listed:.

Tender/Quotation Particulars Closing Date 01/2018 Quotation sought to companies to submit Friday, 8 June 2018 Torres Shire Inter-Island Travel quotations for providing services for Council’s (In Committee Item) for 2018-2019 bulk, inter island travel needs and any proposals to streamline the accounting processes. 02/2018 Tender seeks to provide, design and supply and Friday, 3 August 2018 Thursday Island – Ken Brown installation of sufficient poles, luminaries and Oval Field Lighting electrical wiring to provide field lighting to the Ken Brown Oval on Thursday Island in accordance with specifications for Lighting for football (all codes) 03/2018 Tender seeks to provide Friday, 10 August 2018 Thursday Island Sewerage a) Sewerage Treatment Plant Operational Treatment Plant Upgrade Continuity Electrical Switch Boards and b) Upgrade STP MCC Switchboard SCADA c) Install New Telemetry Repeater d) Sewerage Pump Station Switchboards e) Pump Station Pumps

Min. 18/07/5 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council acknowledge the current tenders/quotations –

a) 01/2018 -Torres Shire Inter-Island Travel for 2018-2019 b) 02/2018 -Thursday Island – Ken Brown Oval Field Lighting c) 03/2018 -Thursday Island – Sewerage Treatment Plant Upgrade Electrical Switch Boards and SCADA” Carried

Torres Shire Obon Celebrations The Consul-General of Japan, Ms Keiko Yanai is considering a visit to Thursday Island to make a courtesy call to coincide with the Obon Ceremony to be held on Wednesday, 15 August 2018. The Consul-General will be accompanied by Mr Andrew Carter, Research Officer at the Consulate-General.

The Obon Ceremony is held annually and celebrated on 15 August and each year, Buddhist Priest Jim Wilson affiliates the formalities.

LGAQ Indigenous Mayors and Police Summit The 2018 Indigenous Mayors and Police Summit will be held at the Cairns Convention Centre on Thursday 8 November 2018.

Min. 18/07/6 Moved Cr. Abednego, Seconded Cr. Bani “That Council endorse the attendance of Mayor Vonda Malone and Chief Executive Officer Dalassa Yorkston to the 2018 Queensland Police Service and Indigenous Mayors Summit iat the Cairns Convention Centre on 8 November 2018.” Carried

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 5 1. CHIEF EXECUTIVE OFFICER

REPORT

Bank and Public Holidays 2019 Pursuant to the Holidays Act 1993, Council must apply for bank and public holidays for 2019. Holidays appointed in respect of an annual agricultural, horticultural or industrial show are public holidays and those appointed for an event which has significance to a particular district are bank holidays.

Upon receiving Ministerial approval, the holidays will be published in the Queensland Government Gazette. Confirmation of the approved special holidays together with a link to the Queensland Government Gazette will be published.

Min. 18/07/7 Moved Cr. Abednego, Seconded Cr. Loban “That Council submit an application for approval of the three holidays in 2019 –

. Monday, 3 June 2019 Mabo Day . Monday, 1 July 2019 Coming of the Light . Friday, 20 September 2019 Torres Strait Multi-Cultural Festival Show Day

to be recognized within the Torres Shire during 2019.” Carried

Thursday Island Accreditation with Queensland Tidy Towns Torres Shire Council has received correspondence from Queensland Tidy Towns advising the Thursday Island is now a 2-star accredited Qld Tidy Town. This Tidy Town accreditation provides formal recognition of the hard work that communities are already carrying out to foster long-term environmental and social health. Queensland Tidy Towns encourage each town that receives accreditation to produce an entry sign to formally acknowledge Councils success. The Tidy Towns website is quickly becoming an online directory for tourists, backpackers and grey (or green) nomads.

Celebrating our Success 2-star rating 1. Announce our achievement to the wider community (good news story) 2. Organise a community celebratory gathering – enjoy some old fashioned scones and tea. 3. Arrange for the production of our signs to share our success and to motive our community. 4. Once our official certificate is received, Council will arrange a round table with stakeholders to discuss how we can maintain and improve our 2-star rating. 5. Register for the 2018 Tidy Towns competition.

Min. 18/07/8 Moved Deputy Mayor Loban, Seconded Cr. Loban “That Council acknowledge the report and the 2-Star Rating for Thursday Island Community as a Queensland Tidy Town.” Carried

Department of Natural Resources, Mines and Energy – Torres Shire Council application for resumption Torres Shire Council has received correspondence from the Minister of Department of Natural Resources, Mines and Energy, Hon. Anthony Lynham MP in relation to Council’s application for resumption, an extension of time has been granted until 31 December 2018 to finalise the matter.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 6 1. CHIEF EXECUTIVE OFFICER

REPORT

Department of Transport and Main Roads – Strategic Exercise Cairns 1 & 2 August 2018 The Acting Manager Maritime Safety Queensland has written to Council in relation to extending an invitation to attend the Strategic Exercise in Cairns on 1 and 2 August 2018 under the National Plan for Maritime Environmental Emergencies (National Plan). Under the plan, they will deliver the exercise in two phases in August and September aimed at testing the strategic and operational management of a response under the Nation Plan for a Level 3 oil spill response within Torres Strait.

The objectives of the exercise are to:

. Develop the strategic management arrangements of a level 3 Oil Spill response in a multi-jurisdictional setting and the interface between the National Plan for Maritime Environmental Emergencies and Queensland Disaster Management Arrangements . Explore the consequences of a ship-sources marine pollution incident and the mitigating strategies in the context of a unique and remote community and a vital international shipping route and; . Develop public engagement and communication strategies including coordinated messaging

The invitation has been extended to Mayor Malone and also a senior officer from Torres Shire Council to attend. Phase two of the exercise, a two-day operational (field) exercise in Cairns and the Torres Strait during the week 17-21 September 2018.

Min. 18/07/9 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council endorse the attendance of Mayor Vonda Malone to the national marine pollution exercise being held in Cairns on 1 and 2 August 2018.” Carried

Ken Brown Oval Facilities Re-development Sod-turning Ceremony and New Cycle Way Official Opening Arrangements are being made for Council to jointly facilitate a Sod-Turning Ceremony together with Minister for Sports, Hon. Mick de Brenni and Torres Shire Council. Minister de Brenni’s office has advised that Tuesday 31 July is the proposed date for the Sod-turning Ceremony to be held on site at Ken Brown Oval Thursday Island prior to the commencement of this funded project, and New Cycleway Stage One Official Opening Department of Transport and Main Roads Ministerial Office is also seeking to officially open the Stage One of the New Cycleway on either the 28 or 29 August 2018 and seeking Councils availability.

Consultation – Annual Valuation effective 30 June 2019 The Land Act 2010 (the Act) requires the Valuer-General to undertake an annual statutory valuation of all rateable land in Queensland except in unusual circumstances or after consideration of:

- A market survey report of the Local Government area which reviews sales of land since the last valuation and probable impacts of the sales on the value of land since the last annual valuation - The results of consultation with the local government for the area, and appropriate local and industry groups

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 7 1. CHIEF EXECUTIVE OFFICER

REPORT

Consultation – Annual Valuation effective 30 June 2019 (cont’d)

Under the Act, annual valuations are required to be issued prior to 31 March in the year the valuation is to take effect.

The Valuer-General is seeking Torres Shire Council opinion on whether a valuation of the local government should be undertaken to be effective on 30 June 2019.

Min. 18/07/10 Moved Deputy Mayor Loban, Seconded Cr. Bani “That Council seek a valuation being undertaken by the Valuer-General of the Torres Shire Local Government to be effective on 30 June 2019.” Carried

Torres Shire Community Consultations Proposed Round Two Community Consultation – dates and venues

TRAWQ Communities Horn Island Port Kennedy Prince of Wales Island Saturday Saturday Saturday 27 October Saturday 25 August 22 September 9am – 11am 24 November 9am - 11am 9am – 11am PKA Hall 9am – 11am TRAWQ Hall or Rosehill Sports Complex Zar-Zar New Corporate Plan New Corporate Plan New Corporate Plan New Corporate Plan Annual Budget Annual Budget Annual Budget Annual Budget 2018/2019 2018/2019 2018/2019 2018/2019 Operating Plan 2018/2019 Operating Plan Operating Plan Operating Plan Update on Prince of Wales 2018/2019 2018/2019 2018/2019 Island Community Projects Update on TRAWQ Update on Horn Island Update on Port Community Projects Community Projects Kennedy Community Projects

Min. 18/07/11 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That the Report of the Chief Executive Officer be received.” Carried

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 8

TSC CORPORATE EVENTS CALENDAR FOR 2018

Events/Visitors Date Venue Attendees

LGAQ Indigenous Roadshow 19 – 20 July Sydney Deputy Mayor & Cr. Loban Ken Brown Oval Minister for Sports Hon.Mick de Brenni 31 July All Councillors & Executives Sod-turning Ceremony His Excellency Governor-General 9-11 August All Councillors & CEO & Her Excellency Lady Cosgrove OBON Japanese Ancestral 15 August Cemetery All Councillors & Executives

Torres Shire Garden Fair 18 August ANZAC Park All Councillors & Executives

Ordinary Council Meeting 21 August Council Chambers All Councillors & Executives

Community Consultation 25 August TRAWQ Hall or Rosehill ZarZar All Councillors & Executives

Torres Strait Cultural Festival 11-14 September Ken Brown Oval

Torres Strait Cultural Festival 14 September (public holiday – Show Day)

Ordinary Council Meeting 18 September Council Chambers All Councillors & Executives

Community Consultation 22 September Horn Island All Councillors & Executives

Queen’s Birthday 1 October (public holiday)

Ordinary Council Meeting 23 October TRAWQ Hall All Councillors & Executives

Community Consultation 27 October Port Kennedy All Councillors & Executives

122nd LGAQAnnual Conference 29-31 October Convention Centre All Councillors & CEO 2018 Indigenous Mayors and 8 November Cairns Convention Centre Mayor and CEO Police Summit Ordinary Council Meeting 20 November Council Chambers All Councillors & Executives

Community Consultation 24 November Prince of Wales Island All Councillors & Executives

Ordinary Council Meeting 11 December Council Chambers All Councillors & Executives

Christmas 25 December (public holiday)

Boxing Day 26 December (public holiday)

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 9

2. CORPORATE AND COMMUNITY SERVICES

REPORT

Finance Min. 18/7/12 Moved Cr. Loban, Seconded Deputy Mayor Loban “That the report of the Acting Director Corporate & Community Services be received.” Carried

Attendance: The Regulatory Manager Diana Russell arrived at the meeting at 11.45am.

3. ENGINEERING AND INFRASTRUCTURE SERVICES

REPORT

Water Conservation, Usage and Testing

Loggy Creek Dam volume 87.5% 2110 ML as at 9 July 2018

 Total water consumption compared to June has decreased overall.  Test samples of drinking water have been taken at six (6) locations on Horn and Thursday Islands multiple times over the past three (3) weeks. The final test results on 8/6/2018 show an all clear result for all areas and no contamination. However due to Turbidity Spikes, the Boiled Water Alert will remain in place until further notice.

Min. 18/7/13 Moved Deputy Mayor Loban, Seconded Cr. Bani “That the report of the Director Engineering & Infrastructure Services be received.” Carried

Announcement: The CEO advised Council that this will be the last Council meeting attended by Diana Russell, after six years as Regulatory Manager,due to her leaving Council to retire on Thursday, 9 August 2018.

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes Superannuation Fund – Operational Works – 58 Summers Street Thursday Island – Lot 1 on SP219773 The operational works are for a driveway, sewer and water reticulation, stormwater management and earthworks for a proposed house on a steep slope above Summers Street. Conditions focus on ensuring the slopes are stable during the works and after completion and that erosion and sediment from the works is managed in accordance with Council standards.

Min. 18/07/14 Moved Deputy Mayor Loban, Seconded Cr. Abednego “That Council approves the application by AJ Homes Superannuation Fund c/- Trinity Engineering and Consulting Pty Ltd for a Development Permit for Operational Works for 58 Summers Street Thursday Island being Lot 1 on SP219773 subject to the following conditions:

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 10

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes Superannuation Fund – Operational Works – 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

ASSESMENT MANAGER CONDITIONS 1. The approved operational works are permitted subject to any alterations: a. found necessary by Chief Executive Officer at the time of examination of the Engineering drawings or during construction of the works because of particular engineering or cultural requirements; and b. to ensure that the development complies in all respects with the requirements of the FNQROC Development Manual and good engineering practice; and c. to comply with project specific conditions and the following standard conditions of approval. All works must be carried out in accordance with the approved plans, conditions and specifications, to the requirements and satisfaction of the Chief Executive Officer. d. Approved drawings are listed in the table below.

Drawing Index

Plan Drawing No. Date Locality Plan and Drawing Index N/A N/A Site Plan 1168-002[A] 26/04/2018 Earthworks and Roadworks Plan 1168-003[A] 26/04/2018 Driveway Typical Cross Sections And Setout Tables 1168-004[A] 26/04/2018 Driveway Longitudinal and Cross Sections 1168-005[A] 26/04/2018 Stormwater Culvert Details 1168-006[A] 26/04/2018 Sewer and Water Reticualtion Plans 1168-007[A] 26/04/2018 Sewer Longitudinal Sections 1168-008[A] 26/04/2018 Erosion and Sediment Control Strategy 1168-009[A] 26/04/2018

2. The conditions of any Reconfiguration of Lot permit, Material Change of Use permit or Development Permit for Building Works applicable to the subject lot or lots shall be complied in conjunction with this development permit.

3. Council’s examination of the documents should not be taken to mean that the documents have been checked in detail and Council takes no responsibility for their accuracy. If during construction, inadequacies of the design are discovered, it is the responsibility of the Consulting Engineer to resubmit amended plans to Council for approval and rectify works accordingly.

4. Notwithstanding any approval given to engineering documents, where a discrepancy occurs between these documents and Council’s standards, then Council’s standards shall apply. All works must be performed in accordance with Council standards and Local Laws and other statutory requirements, unless specifically listed in the project specific conditions.

5. If in fact there are errors, omissions or insufficient detail on the plans for the purpose of construction, these deficiencies shall be made good during construction and Council reserves the right to withhold approval of construction until such deficiencies are made good to its satisfaction.

Timing of Effect 6. The conditions of this development permit must be affected prior to the approval and dating of the survey plan or issue of building permit, except where specified otherwise in these conditions of approval, or at Council’s discretion.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 11

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes Superannuation Fund – Operational Works – 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

Portable Long Service Leave Notification 7. As per the QLeave – Building and Construction Industry Authority Guidelines, if the works are over $80,000, Council must sight a copy of the receipted Portable Long Service Notification and Payment form prior to commencement of work.

Commencement of Works 8. Council is to receive written Notice of Intention to Commence Works and all matters relevant to the Pre-Start meeting are to be attended to in accordance with Section CP1.08 and Section CP1.09, of the FNQROC Development Manual.

Hours of Work 9. Work involving the operation of construction plant and equipment of any description, shall only be carried out on site during the following times: a. 6.30am to 6:30pm, Monday to Saturday; b. No work is permitted on Sundays or Public Holidays or while a funeral or tombstone opening is being held in the vicinity of the activity.

Any variations to the above working hours must be authorised by the Chief Executive Officer, prior to the commencement of such works.

Public Notification of the Works 10. The developer must provide: Signage identifying the location of the project, contact numbers (including out of office hours emergency numbers) must be provided at all entrance points to the development. All signage must be appropriately positioned, prior to the commencement of any works on the site.

Site Inspections 11. Council requires a number of major inspections to be completed as Witness and Hold Points for Consulting Engineers and Council officers during the construction of the works. Inspections undertaken during construction shall be in accordance with the FNQROC Development Manual. These Witness and Hold points are to be included in the contractor’s Inspection and Test Plan (ITP) which is to be made available for inspection, prior to the commencement of any works on the site.

Project Documentation 12. The Application shall submit as constructed documentation to Council prior to Works Acceptance. The as-constructed submission shall consist of the documentation outlined in the FNQROC Development Manual Section CP1.21 and be accompanied by the appropriate certifications outlined in Section CP1.22

13. Provide the following additional documents prior to Works Acceptance: a. Inspection and Test Plan certified by the Consulting Engineer; b. “Works Acceptance” Inspection Checklist.

Cultural Heritage 14. The Aboriginal Cultural Heritage Act 2003 seeks to protect artefacts and cultural sites that are of significance to Aboriginal people. The Act requires anyone carrying out an activity to exercise a Duty of Care. Guidelines have been produced to enable assessment of sites under the Act. These are available from Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP) and can be downloaded from their website at http://www.datsip.qld.gov.au/

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 12

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes Superannuation Fund – Operational Works – 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

Structures and Retaining Walls 15. The Applicant is to submit details of an acceptable landscape treatment for batters steeper than 1 in 2 prior to commencement of works. Alternatively amended drawings are to be provided by the Applicant with batters conforming to the requirements of Clause D2.11 of FNQROC Design Manual D2 Site Regrading.

16. All fill batters steeper than 1 in 2 and higher than 2.0m shall require treatment as detailed in the Geo Design Geotechnical Investigation Report dated 7 April 2017.

17. All cut batters steeper than 1 in 1 and higher than 3.0m shall require treatment as detailed in the Geo Design Geotechnical Investigation Report dated 7 April 2017.

18. Separate building certification and/or structural certification is required for any works to alter existing structures, provide new structures or construct retaining walls that are over 1,000mm high. Certification by a suitably qualified engineer must be provided, prior to the issue of a Development Permit for Building Works.

19. For retaining walls greater than 1,000mm high, the Applicant shall submit a copy of the geotechnical assessment report used in the design of the retaining wall footings. Provide prior to the issue of a Development Permit for Building Works.

Stormwater Drainage 20. The Applicant is to provide additional details of the necessary upgrade, otherwise, of the existing culvert under the existing access with supporting calculations prior to requesting acceptance of works on maintenance.

21. Details of scour protection between the end of the concrete vee drain and kerb and channel (property boundary) and the inlet to the new culverts is to be detailed on the drawings and submitted for approval prior to commencement of works. Of particular concern is the protection of the water service adjacent to the drain and the protection of the new driveway pavement edge against scour caused by the discharge from the drain and kerb.

Erosion and Sediment Control 22. All works must be in accordance with the FNQROC Development Manual, and must comply with the following: a. A copy of the contractors Erosion and Sediment Control (ESC) Plan is to be submitted to Council and endorsed by the Consulting Engineer, prior to commencement of any works The ESC Plan must be relevant to all phases of the construction and be updated where necessary as works progress. b. It is the Contractors responsibility to ensure that the ESC Plan is updated and amended to reflect any changes in the construction methodology. All such amendments shall be approved by the Engineer and presented to Council. c. Upon completion of earthworks and prior to Works Acceptance all exposed surfaces are to be treated (i.e., drill seeding, hydro-mulching) to prevent erosion. Temporary ESC measures must remain in place during construction and until the site is stabilised to prevent and sediment entering the adjacent stormwater systems or properties.

COUNCIL MINUTES ORDINARY MEETING 17 JULY 2018 13

4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

IDAS 17/07 AJ Homes Superannuation Fund – Operational Works – 58 Summers Street Thursday Island – Lot 1 on SP219773 (cont’d)

23. All reasonable and practicable measures must be taken to prevent pollution to the existing creek, waterways or drainage lines, as a result of silt run-off, oil and grease spills from any machinery. Wastewater for cleaning equipment must not be discharged directly or in-directly to any watercourses, stormwater systems or private properties.

ADVICE 1. This approval, granted under the provisions of the Planning Act 2016, shall lapse two (2) years, from the day the approval takes effect in accordance with the provisions of section 85 of the Planning Act 2016. 2. The following further Development Permits must be obtained: a. Development Permit for Building Works b. Development Permit for Plumbing Works 3. No building materials or the like are to be stored on the footpath unless an appropriate approval from Council is obtained, including the payment of associated fees. 4. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council Officers, prior to Commencement of Works. 5. The Environmental Protection Regulation 1998 and Torres Shire Council Local Laws prohibit building noise from:  6.30pm to 6:30am Monday to Saturday;  Sundays and Public Holidays; and  while a funeral or tombstone opening is being held in the vicinity of the activity. A maximum penalty of $1,500.00 applies to an offence under these provisions. 6. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint, cement, concrete, builders waste or rubbish shall not be permitted to enter or be placed where it could reasonably be expected to more into a roadside gutter, stormwater drain or watercourse. On the spot fines apply for such offences. 7. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements. Any provisions contained in this approval relating to the enforcement of any of the conditions shall be in addition to all other rights, powers and privileges that the Council may possess or obtain, and nothing contained in these conditions shall be construed so as to prejudice, affect or otherwise derogate or limit these rights, powers and privileges of the Council. 8. For information relating to the Planning Act 2016 log on to https://planning.dsdmip.qld.gov.au/planning/our-planning-system.” Carried

Working Hours Extension – Fire Station Site, Outie Street, Horn Island The builder of the new fire station and SES base on Horn Island has requested approval to work on Sundays on the following days:  15, 22 and 29 July  5 and 12 August Min. 18/07/15 Moved Cr. Abednego, Seconded Cr. Loban “That Council does not support the request for HC Building and Construction to carry out building works at Lot 14 on SP 300693 Outie Street Horn Island outside the hours prescribed by Council’s Local Law 3 (Community and Environmental Management) 2013.” Carried

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4. PLANNING AND ENVIRONMENTAL SERVICES

REPORT

Departure: Prior to the Regulatory Manager’s departure at 12.30pm Diana expressed her appreciation of Council’s patience when she first took up her role with learning the culture of the Torres Strait when she first arrived. She said she has enjoyed her time living here and will miss the people, the dancing and singing which is such a joy. Diana said she has made some good friends in the six years she has been here.

The Mayor and each Councillor responded with their appreciation of Diana’s dedication and hard work and wished her well for the future.

Min. 18/7/16 Moved Deputy Mayor Loban, Seconded Cr. Loban “That the report of the Regulatory Manager be received.” Carried

Adjournment: The meeting adjourned 12.30pm for lunch and resumed at 1.07pm.

6. IN COMMITTEE

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

Finance (a) Quarry (b) Airport (c) Aged Debtors

Tender 01/2018 Inter Island Travel 2018-2019

Min. 18/7/17 Moved Cr. Deputy Mayor, Seconded Cr. Loban “That Council go In Committee.” Carried

Declaration made by Deputy Mayor Yen Loban I, Cr Yen Loban declare a Material Personal Interest in the following matter (as defined in section 172 of the Local Government Act 2009 due to my business association with both the tenderers and propose to exclude myself from this meeting while this matter is debated and the vote is taken.

Tender 01/2018 Inter Island Travel 2018-2019

Departure: Deputy Mayor Loban departed at 1.37pm and returned to the meeting at 2pm.

Min. 18/7/18 Moved Cr. Abednego, Seconded Cr. Loban “That Council come out of Committee.” Carried

Attendance: Deputy Mayor Loban returned to the meeting at 2pm.

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6. IN COMMITTEE (cont’d)

Tender 01/2018 Inter Island Travel 2018-2019 Min. 18/7/19 Moved Cr. Loban, Seconded Cr. Bani “That Council, after consideration of two quotations, award tender 01/2018 for Torres Shire Council Inter Island Travel to McDonald Charter Boats for the period 1/7/2018 to 30/6/2019 as per their quotation received.” Carried

7. GENERAL BUSINESS

Deputy Mayor Loban  Removal of car bodies from Torres Strait Co-op properties at Nazeer Street  Council input is required to reduce traffic speed at the intersection of Blackall and Douglas Streets

Cr. Loban  Potholes need immediate attention that are a hazard at the taxi and private car pick-up and drop off area and off road carpark at IBIS main supermarket

Mayor Malone  Requests received for memorial area at the TI Cemetery for burials of early born babies

DATE OF NEXT MEETING: Tuesday, 21 August 2018

CLOSURE: The meeting closed with a prayer by Cr. Bani at 2.40pm.

Confirmed this day of

MAYOR

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