MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

SHIRE OF ASHBURTON ORDINARY COUNCIL MEETING MINUTES (Public Document) Ashburton Hall, Ashburton Avenue, Paraburdoo 5 June 2013

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

SHIRE OF ASHBURTON ORDINARY COUNCIL MEETING

Dear Councillor Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on 5 June 2013 at Ashburton Hall, Ashburton Avenue, Paraburdoo commencing at 1:00 pm. The business to be transacted is shown in the Agenda.

Frank Ludovico A/CHIEF EXECUTIVE OFFICER

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

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

1. 2. 3.
3.1 3.2 3.3

DECLARATION OF OPENING..................................................................................... 5 ANNOUNCEMENT OF VISITORS................................................................................ 5 ATTENDANCE ............................................................................................................. 5
PRESENT ...................................................................................................................................... 5 APOLOGIES .................................................................................................................................. 5 APPROVED LEAVE OF ABSENCE .............................................................................................. 5

4.
4.1 4.2

QUESTION TIME ......................................................................................................... 5
PUBLIC QUESTION TIME ............................................................................................................ 5 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .................................. 5

5. 6.
6.1 6.2 6.3

APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 5 PETITIONS / DEPUTATIONS / PRESENTATIONS...................................................... 6
PETITIONS .................................................................................................................................... 6 DEPUTATIONS ............................................................................................................................. 6 PRESENTATIONS ........................................................................................................................ 6

7.
7.1 7.2

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................... 6
ORDINARY MEETING OF COUNCIL HELD ON 8 MAY 2013 ..................................................... 6 SPECIAL MEETING OF COUNCIL HELD ON 1 MAY 2013 ......................................................... 6

8. 9.
9.1

ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .......... 6 DECLARATION BY MEMBERS ................................................................................... 6
DECLARATION OF INTEREST .................................................................................................... 7

10.
10.1 10.2 10.3 10.4 10.5

CHIEF EXECUTIVE OFFICER REPORTS ................................................................... 9
PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS ............................................... 9 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH MAY .......... 11 REVIEW OF POLICY - PROCEDURE FOR THE CONDUCT OF PUBLIC QUESTION TIME / PETITIONS / DEPUTATIONS AND PRESENTATIONS (ELM07) .................................. 15 REVIEW OF POLICY - ORDER OF BUSINESS - ORDINARY COUNCIL MEETING (ELM08) ....................................................................................................................................... 18 TOM PRICE AND PARABURDOO HOSPITALS - CORRESPONDENCE RECEIVED FROM THE DEPUTY PREMIER OF WESTERAN AUSTRALIA, MINSTER FOR HEALTH; TOURISM .................................................................................................................... 20 CORRUPTION AND CRIME COMMISSION - REPORT ON THE REVIEW OF THE CAPACITY OF LOCAL GOVERNMENTS IN THE PILBARA TO PREVENT, IDENTIFY AND DEAL WITH MISCONDUCT - 16 APRIL 2013 ................................................................... 23 DELEGATE FOR THE WITTENOOM STEERING COMMITTEE ............................................... 27

10.6

10.7

11.
11.1 11.2 11.3

CORPORATE SERVICES REPORTS ........................................................................ 30
RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF APRIL & MAY 2013................................................................................................................................. 30 SHIRE OF ASHBURTON GOVERNANCE MANUAL ................................................................. 32 POLICY REVIEW ........................................................................................................................ 35 ELM01 COUNCIL AND OTHER MEETINGS ............................................................................. 35 ELM02 OFFICIAL PHOTOGRAPH ............................................................................................ 35 ELM03 PRESENTATIONS TO RETIRING COUNCILLORS ..................................................... 35 ELM04 CODE OF CONDUCT POLICY FOR COUNCILLORS, COMMITTEE MEMBERS AND STAFF ................................................................................................................................. 35 ELM05 COUNCILLOR TRAINING/CONFERENCE ATTENDANCE ......................................... 35 ELM06 COUNCILLORS ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES WHILST ON COUNCIL BUSINESS ............................................................................................ 35 FINANCIAL MANAGEMENT AUDIT ........................................................................................... 40 PROBITY AUDIT - FIN12 PURCHASING AND TENDER POLICY REVIEW 2013 .................... 44 PROPOSED DIFFERENTIAL RATES 2013/14 .......................................................................... 47

11.4 11.5 11.6

12.
12.1 12.2 12.3

STRATEGIC & ECONOMIC DEVELOPMENT REPORTS ......................................... 54
PROPOSAL TO CHANGE PURPOSE OF RESERVE 39206 & 39277 ...................................... 54 AWARD RFT 05/13 LEASE OF PREMISES FOR PORTION OF LOT 811 ASHBURTON COURT, PARABURDOO ............................................................................................................ 57 PROPOSED FUNDING APPLICATION FOR NEW NEIGHBOURHOOD CENTRE IN PARABURDOO ........................................................................................................................... 59

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013
12.4 PROPOSAL TO CHANGE PURPOSE OF RESERVE 39339 ONSLOW TO 'COMMUNICATIONS SITE' ......................................................................................................... 63

13.
13.1

TECHNICAL SERVICES REPORTS .......................................................................... 65
REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FOR THE PURPOSE OF WATER PIPELINE ALONG THE BOUNDARIES OF LOTS 105 (RESERVE 38264) AND 303 (RESERVE 19291), ONSLOW ROAD, ONSLOW ....................... 65 REQUEST FROM BHP BILLITON PETROLEUM PTY TO ALLOW THE MACEDON DOM GAS TRANSIENT CONSTRUCTION WORKFORCE ACCOMMODATION CAMP TO REMAIN FOR A NON BHPB CAMP OPERATOR ................................................................ 70 WATERCORP PROPOSAL - GROUND LEVEL TANK, PUMPING STATION, INLET AND OUTLET SUPPLY MAINS AND RETICULATION CROSS CONNECTIONS AT ONSLOW ..................................................................................................................................... 75 PROPOSED PURCHASE OF UNALLOCATED CROWN LAND FOR HELICOPTER OPERATION WITHIN TOM PRICE TOWNSITE - SHIRE OF ASHBURTON ............................ 79 PROPOSAL FOR FOURTH ACCOMMODATION VESSEL AT LOTS 15 & 16, BEADON CREEK BOAT HARBOUR, ONSLOW FOR JETWAVE MARINE SERVICES (JETWAVE)....... 83 CORRESPONDENCE CONFIRMING PUBLIC ACCESS ROUTE FOR SECRET CREEK, ONSLOW ..................................................................................................................................... 90 PROPOSED ROAD CLOSURES, WATSON DRIVE AND UCL 215, ONSLOW ........................ 97 PROPOSAL FOR THE POWER TO LEASE AT THE TOM PRICE WASTE DISPOSAL SITE (LOT 300, RESERVE 50203), BINGARN ROAD, TOM PRICE ....................................... 100 RFT 02/13 ASSET MANAGEMENT CONSULTANCY.............................................................. 103

13.2

13.3

13.4 13.5 13.6 13.7 13.8 13.9

14.
14.1

OPERATIONS REPORTS ........................................................................................ 106
EXECUTION OF THE WATER MAINS RELOCATION AGREEMENT BETWEEN WATER CORPORATION AND SHIRE OF ASHBURTON ....................................................... 106

15.
15.1

COMMUNITY DEVELOPMENT REPORTS .............................................................. 109
LEASE FOR VSWANS OVER LOT 302 ONSLOW ROAD, ONSLOW ..................................... 109

16.
16.1 16.2

NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ................................................................................................................. 113
NEW BUSINESS OF AN URGENT NATURE - TEMPORARY INCREASE OF OVERDRAFT............................................................................................................................. 114 NEW BUSINESS OF AN URGENT NATURE - AFFIXING THE COMMON SEAL TO THE CONTRACT FOR TENDER NO.RFT 05/12 - TOM PRICE SPORTS PAVILLION ................... 116

17.
17.1

CONFIDENTIAL REPORTS ..................................................................................... 118
CONFIDENTIAL ITEM - PROPOSED FUNDING AGREEMENTS BETWEEN RIO TINTO IRON ORE AND SHIRE OF ASHBURTON FOR TOM PRICE SPORTING PRECINCT AND OTHER PROJECTS ......................................................................................................... 120 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT - UPDATE ON ACTIONS ................................................................................................................................... 121 NEW BUSINESS OF AN URGENT NATURE - CONFIDENTIAL ITEM - RECRUITMENT OF EXECUTIVE MANAGER TECHNICAL SERVICES ............................................................ 122

17.2 17.3

18. 19. 20. 21.

COUNCILLOR AGENDA ITEMS .............................................................................. 124 PILBARA REGIONAL COUNCIL REPORT ............................................................. 124 NEXT MEETING ....................................................................................................... 124 CLOSURE OF MEETING ......................................................................................... 124

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1. 2.

DECLARATION OF OPENING
Commissioner Yuryevich declared the meeting open at 1.00 pm.

ANNOUNCEMENT OF VISITORS
Commissioner Yuryevich welcomed Jenni Law - Manager Advice and Support Department of Local Government, Karen Chapel - Shire President Shire of Morawa, Don Burnett - CEO of Kalgoorlie Boulder, Kerry White -Shire President, Peter Foster and Anne Eyre – Member of Council and members of the Public to the Public Gallery.

3.
3.1

ATTENDANCE
PRESENT
Mr R Yuryevich Mr F Ludovico Ms A O’Halloran Ms D Wilkes Ms F Keneally Mrs L Hannagan Mr K Pearson Mr R Paull Ms K Cortesi Ms M May Ms A Serer Ms L Lind Ms K Domingo Commissioner A/Chief Executive Officer Executive Manager, Strategic & Economic Development Executive Manager, Community Development Executive Manager, Operations A/Executive Manager, Corporate Services A/Executive Manager, Technical Services Principal Town Planner CEO & Councillor Support Officer A/Community Services Manager A/Partnership & Revitalisation Manager Governance & Policy Officer Relieving Officer

3.2 3.3

APOLOGIES
There were no apologies for this meeting.

APPROVED LEAVE OF ABSENCE
There were no approved leave of absence for this meeting.

4.
4.1 4.2

QUESTION TIME
PUBLIC QUESTION TIME
No public questions were received for this meeting.

RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
At the Ordinary Meeting of Council held on 8 May 2013, no public questions were received.

5.

APPLICATIONS FOR LEAVE OF ABSENCE
There were no Applications for Leave of Absence for this meeting.

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6.
6.1 6.2 6.3

PETITIONS / DEPUTATIONS / PRESENTATIONS
PETITIONS
There were no petitions presented to Council.

DEPUTATIONS
There were no deputations presented to Council.

PRESENTATIONS
There were no presentations to Council.

7.
7.1

CONFIRMATION OF MINUTES OF PREVIOUS MEETING
ORDINARY MEETING OF COUNCIL HELD ON 8 MAY 2013
Council Decision MOVED: Commissioner R Yuryevich

That the Minutes of the Ordinary Meeting of Council held on 8 May 2013, as previously circulated on 13 May 2013. CARRIED 1/0

7.2

SPECIAL MEETING OF COUNCIL HELD ON 1 MAY 2013
Council Decision MOVED: Commissioner R Yuryevich

That the Minutes of the Special Meeting of Council held on 1 May 2013, as previously circulated on 3 May 2013. CARRIED 1/0

8. 9.

ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION DECLARATION BY MEMBERS
That Commissioner Yuryevich has given due consideration to all matters contained in the Agenda presently before the meeting.

Kelly Domingo entered the meeting at 1.03pm.

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

9.1

DECLARATION OF INTEREST
Councillors to Note A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest: (a) (b) (c) (d) In a written notice given to the Chief Executive Officer before the Meeting or; At the Meeting, immediately before the matter is discussed. Preside at the part of the Meeting, relating to the matter or; Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995. A member, who makes a disclosure in respect to an interest, must not:

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NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE) The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter. I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory. 1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered. If in doubt declare. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are: Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

2.

3.

4. 5.

6. 6.1 6.2

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10.
10.1

CHIEF EXECUTIVE OFFICER REPORTS
PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS

MINUTE: 11535 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN:

OR.MT.1 Kaylani Cortesi CEO & Councillor Support Officer Not Applicable

13 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Agenda Item 10.1 (Minute No.11477) Ordinary Meeting of Council 10 April 2013 Agenda Item 10.1 (Minute No.1151211535) Ordinary Meeting of Council 8 May 2013

Summary The 2012 Department of Local Government Probity Audit (Recommendation 34) recommended that a review be undertaken on the processes of implementing Council decisions to ensure that decisions are actioned and implemented in a timely manner. The purpose of the agenda item is to report back to Council the progress of implementation of Council decisions.

Background Previously “Decision Status Reports” were presented to Council in the Information Bulletin and these were not officially endorsed by Council. The 2012 Department of Local Government Probity Audit recommended that a review be undertaken on the processes of implementing Council decisions to ensure that decisions are actioned and implemented in a timely manner.

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Comment Wherever possible Council decisions are implemented as soon as possible after a Council meeting. However there are projects or circumstances that mean some decision take longer to action than others. The Information Bulletin is not a public document and so to increase transparency, a report on the status of implementing Council decisions has been prepared for Council. This report presents a summary of the “Decision Status Reports” for Office of the CEO, Corporate Services, Technical Services, Strategic & Economic Development, Community Development and Operations departments. ATTACHMENT 10.1 In the future this report will be prepared for each Council meeting. Consultation A/Chief Executive Officer Executive Manager - Strategic and Economic Development Executive Manager - Community Development Executive Manager - Operations A/Executive Manager - Corporate Services A/Executive Manager - Technical Services Statutory Environment Not Applicable Financial Implications Not Applicable Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Policy Implications Not Applicable Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council receives the “Decision Status Reports” as per ATTACHMENT 10.1.

CARRIED 1/0

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

10.2

ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH MAY

MINUTE: 11536 FILE REFERENCE: AS.AS.00000.000 OR.DA.00.00 PS.TP.07.00 Janyce Smith Executive Officer CEO Not Applicable

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

27 May 2013 The author has no financial interest in the proposal.

Not Applicable

Summary The purpose of this agenda item is to report back to Council actions performed under delegated authority for the month of May 2013. This report includes out actions performed under delegated authority for: • • • The Use of the Common Seal. Development Approvals Issued. Approval to Purchase Goods and Services by the Chief Executive Officer (CEO).

Background The Use of the Common Seal Since September 2011 details regarding the use of the Common Seal were presented to Council in the Information Bulletin. At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council (by way of an Agenda Item), of details relating to the use of the Common Seal. Details of the use of the Common Seal for the month of May 2013 are set out below.

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Development Approvals Issued Council has delegated to the A/Executive Manager, Technical Services the authority to issue development approvals, pursuant to the Shire’s Town Planning Scheme No. 7, in certain circumstances. Details of approvals issued by the A/Executive Manager, Technical Services for the month of May 2013 are set out below. Approval to Purchase Goods and Services by the Chief Executive Officer The 2012 Department of Local Government Probity Audit (Recommendation 26) report recommended that a review be undertaken on the Shire’s Purchasing and Tender Policy FIN12 in relation to purchase authority limits for staff and set an appropriate limit for the CEO’s purchasing authority that aligns with the delegation DA001 limited placed on the CEO for the acceptance of tenders. At the 13 February 2013 Council Meeting, minute number 11425, Council determined the evaluation criteria for different classes of procurement and delegated to the CEO the power to determine tenders up to a certain value for those classes. Additional reviews of policies will further improve our tender and procurement processes. Details of approvals to Purchase Goods and Services by the Chief Executive Officer under delegated authority are set out below. Comment The Information Bulletin is not a public document and so to increase transparency, a report on actions performed under delegated authority has been prepared for Council. This report is prepared for each Council meeting. The Use of the Common Seal The Common Seal has been affixed to the following documents for the month of May 2013: Seal 500 Seal 501 Seal 502 Seal 503 Seal 504 Seal 505 Seal 506 Employment contract – Executive Manager Strategic & Economic Development: SoA & Amanda O’Halloran Local Planning Scheme No. 7 Amendment No. 17 A/CEO Employment Contract – Frank Ludovico Royalties for Regions Project – Financial Assistance – Paraburdoo Town Centre Revitalisation Formal Instrumental Agreement – RFT 18/12 Supply and Installation of Aircraft Landing Lights at Onslow Aerodrome Agreement and Invoice – Onslow Demolition RFT 01/13 Formal Instrument of Agreement – RFT 17/12 Digital Television Upgrade

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

Development Approvals Issued Three (3) approvals have been issued by the A/Executive Manager – Technical Services under delegation for the month of May 2013. These were for:
Date 22/05/2013 Applicant Pilbara Stone Pty Ltd Description Mine Camp for Stone Quarry approx 8 ensuited units with separate kitchen/ common area and laundry facilities and covered roof structure 20120187 (P) Office / Mechanical Workshop/ Wash Down Bay/ Caretakers 2013 0045 (P) Crib Room and Car Parking Addition 20130046 (P) Development location M08/477 (Nearest Street Intersection - North West Coastal Highway & Ashburton River Road (underlying L08/63))

05/05/2013

DA Burke Builders

Lot 596 Beadon Creek Road, Onslow

07/05/2013

Hammersley Iron Pty Ltd

Lot 61 A & B McRae Avenue, Paraburdoo

Approval to Purchase Goods and Services by the Chief Executive Officer This following table presents a summary of the Approvals to Purchase Goods and Services by the CEO Under Delegated Authority for the month of May 2013.
Approval Date 17.05.13 File Ref DA049 Title Decision

Lease of 5B Maunsell, That the CEO sign the lease renewal, Onslow $1500 x 52 = $78,000.

Consultation The Use of the Common Seal Chief Executive Officer Development Approvals Issued A/Executive Manager, Technical Services Manager, Building Services Approval to Purchase Goods and Services by the Chief Executive Officer Manager – Organisational Development Statutory Environment The Use of the Common Seal Local Government Act 1995, S9.49A Execution of documents Development Approvals Issued Clause 9.3 of the Shire of Ashburton Town Planning Scheme No. 7 Local Government Act 1995, S5.45 – Other matters relevant to delegations under this Division, S5.70 – Employees to disclose interest relating to advice or reports, S5.71 – Employees to disclose interests relating to delegated functions Approval to Purchase Goods and Services by the Chief Executive Officer Local Government Act 1995, S3.57 Tenders for providing goods or services

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Financial Implications The Use of the Common Seal There are no financial implications related to this matter. Development Approvals Issued There are no financial implications related to this matter. Approval to Purchase Goods and Services by the Chief Executive Officer All current lease properties have been budgeted. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Policy Implications The Use of the Common Seal ELM 13 – Affixing the Shire of Ashburton Common Seal Development Approvals Issued There are no policy implications related to this matter. Approval to Purchase Goods and Services by the Chief Executive Officer DA049 – Staff and Employee Property Lease Contracts Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council accept the report “10.2 Actions Performed Under Delegated Authority for the Month of May 2013”. CARRIED 1/0

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10.3

REVIEW OF POLICY - PROCEDURE FOR THE CONDUCT OF PUBLIC QUESTION TIME / PETITIONS / DEPUTATIONS AND PRESENTATIONS (ELM07)

MINUTE: 11537 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: LE.LL.10.00 Janyce Smith Executive Officer CEO Not Applicable

27 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Agenda Item 12.05.11 Ordinary Meeting of Council 20 May 2008 Agenda Item 11.4.433 Ordinary Meeting of Council 20 April 1999

Summary In December 2012, Commissioner Yuryevich requested the Administration to review the procedure relating to Public Question Time / Deputations, in particular the manner in which Public Questions are submitted during Council Meeting. Further at the Ordinary Meeting of Council held on 23 January 2013 Council resolved to adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012. The purpose and effect of the Shire of Ashburton Standing Local Law 2012 is: • • To provide procedures which apply to the conduct of meetings of the Council, its committees and meetings of electors. The effect being to control the operation of Council, committee and electors meetings.

As a result of the request from Commissioner Yuryevich and the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Policy – Procedure for the Conduct of Public Question Time and Deputations (ELM07) has been undertaken. This policy is now presented to Council for adoption.

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Background In December 2012, Commissioner Yuryevich requested the Administration to review the procedure relating to Public Question Time. Further, at the Ordinary Meeting of Council held on 23 January 2013 Council resolved to adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012. As a result of the request from Commissioner Yuryevich and the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Policy – Procedure for the Conduct of Public Question Time and Deputations (ELM07) has been undertaken. Public question time is a means by which the public can seek responses from the Council regarding issues affecting the Shire of Ashburton that are of a concern to them. It assists the public to be better informed about the governing of their district and it provides the Shire of Ashburton with a mechanism to identify issues of importance in their community. This policy is now presented to Council for adoption. Comment A review of the Policy – Procedure for the Conduct of Public Question Time and Deputations (ELM07) was undertaken to establish an appropriate procedure for submitting Public Questions. Public question time during Council Meetings can often present many challenges for the presiding member in trying to ensure that available time is used efficiently and effectively and members of the public are given a fair and equal opportunity to participate. Currently Public Questions are taken from the floor and may not adhere to the time limit in accordance with the regulation 6 Local Government [Administration] Regulations 1996 which states: “6. Question time for public, minimum time for (Act s. 5.24(2)) (1) The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes. Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.”

(2)

To improve the conduct of Public Question Time during Council Meeting the following changes have been suggested in the policy: 1. Members of the public are encouraged to submit their public questions five (5) working days prior to Council Meeting by either email, fax, post or via the Shire Website. On the day of the Council Meeting members of the public are encouraged to submit their public question at least fifteen (15) minutes prior to the commencement of the meeting. Public Question Protocols have been included so that members of the public are provided with information on how to submit their public questions and how to conduct themselves during Public Question Time. Public Question Form has been changed to include their contact details so that a written response can be provided.

2.

3.

4.

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5. 6. 7.

Each member of the public is entitled to ask up to two (2) questions before other Members of the public will be invited to ask their questions. A member of the public shall have two (2) minutes to submit a question. The name of the policy has been changed from “Procedure for the Conduct of Public Question Time and Deputations” to “Conduct of Public Question Time / Petitions / Deputations and Presentations.” ATTACHMENT 10.3A ATTACHMENT 10.3B ATTACHMENT 10.3C

Consultation Executive Management Team Project Officer Local Law Statutory Environment Local Government Act 1995 s5.24 – Question Time for Public Shire of Ashburton Standing Orders Local Law 2012 Department of Local Government WA – Guideline 3 – Managing Public Question Time Financial Implications There are no financial implications. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Objective 3 – Council Leadership Policy Implications Amended Policy ELM07 – Conduct of Public Question Time / Petitions / Deputations and Presentations Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council withdraw item ‘10.3 Review of Policy – Procedure for the Conduct of Public Question Time/Petitions/Deputations and presentations (ELM07)’ and refer the item to a workshop with Council at a time chosen by the Shire President and the A/Chief Executive Officer. CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it was appropriate for elected Council to workshop this policy before it is adopted.

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10.4

REVIEW OF POLICY - ORDER OF BUSINESS - ORDINARY COUNCIL MEETING (ELM08)

MINUTE: 11538 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: LE.LL.10.00 Janyce Smith Executive Officer CEO Not Applicable

20 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Agenda Item 12.05.22, Ordinary Meeting of Council 20 May 2008 Agenda Item 11.434, Ordinary Meeting of Council 20 April 1999

Summary At the Ordinary Meeting of Council held on 23 January 2013 Council resolved to adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012. The purpose and effect of the Shire of Ashburton Standing Local Law 2012 is: • • To provide procedures which apply to the conduct of meetings of the Council, its committees and meetings of electors. The effect being to control the operation of Council, committee and electors meetings.

As a result of the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Order of Business Policy (ELM08) has been undertaken. This policy is now presented to Council for adoption.

Background At the Ordinary Meeting of Council held on 23 January 2013 Council resolved to adopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012. As a result of the adoption of the Shire of Ashburton Standing Local Law 2012, with reference to clause 5.2, which requires the Local government to determine its order of business, a review of the Order of Business Policy (ELM08) has been undertaken.

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The Council Standing Orders and Order of Business are a key component of how the Council conducts its business. The local government’s agenda follows the sequence set out in the policy and is designed to ensure that processes are clear and transparent. Comment Two significant changes were made to the policy: 1. Added “Moving Items ‘en bloc’” – numerous unopposed items can be dealt with under one motion so that more time can be allowed for debate of those matters where there may not be an agreement. 2. Added Councillor Reports – Provides Councillors the opportunity to table a summary of meetings attended (e.g. Pilbara Regional Council) and to bring forward business in the form of a written motion (up to seven (7) days business before the meeting). ATTACHMENT 10.4 Consultation Executive Management Team Project Officer Local Law Statutory Environment Shire of Ashburton Standing Orders Local Laws 2012 clause 5.2 Financial Implications There are no financial implications for this matter. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Objective 3 – Council Leadership Policy Implications Amended Policy Order of Business – Ordinary Council Meeting (ELM08). Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council adopt the “Order of Business – Ordinary Council Meeting Policy (ELM08)” as per ATTACHMENT 10.4. CARRIED 1/0

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10.5

TOM PRICE AND PARABURDOO HOSPITALS - CORRESPONDENCE RECEIVED FROM THE DEPUTY PREMIER OF WESTERAN AUSTRALIA, MINSTER FOR HEALTH; TOURISM

MINUTE: 11539 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: TP.HO.0863.000 Janyce Smith Executive Officer CEO Not Applicable

21 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in this matter.

Agenda Item 18.1 (Minute No. 11334) – Ordinary Meeting of Council 17 October 2012

Summary At the Ordinary Meeting of Council held on 17 October 2012 Councillor Foster submitted an agenda item regarding the concerns of residents in both the Tom Price and Paraburdoo Hospitals. At that Council Meeting the Chief Executive Officer was directed to write to the Minister for Health outlining Council’s concerns for both hospitals, seek assurances as to services provided and information on the future of hospital services proposed for the residents of Tom Price and Paraburdoo. The purpose of this report is to advise council on the response from the Deputy Premier of Western Australia; Minister for Health; Tourism.

Background At the Ordinary Meeting of Council held on 17 October 2012 Councillor Peter Foster submitted an agenda item regarding the concerns of residents in both the Tom Price and Paraburdoo Hospitals.

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At that meeting Council resolved: “That Council: 1. Direct the CEO to write to the WA Minister for Health, Pilbara Cities and RDA as soon as possible, outlining Council’s concern’s for both hospitals and seek assurances as to services provided, and information on the future of hospital services proposed for the residents of Tom Price and Paraburdoo. Report back to Council any response received from the WA Minister for Health in respect of these issues.”

2.

A copy of correspondence sent on 26 March 2013 is attached. ATTACHMENT 10.5A On the 6 May 2013 the A/Chief Executive Officer received correspondence from the Deputy Premier of Western Australia; Minister for Health; Tourism outlining the upgrades undertaken and planned for both hospitals as well as the health services currently provided. Part of the correspondence states: “There are no plans to close Paraburdoo Hospital, and despite the age of both hospitals; they continue to deliver quality services to the community.” A copy of the correspondence is attached. ATTACHMENT 10.5B Comment It appears that all issues and concerns have been responded to. Consultation A/Chief Executive Officer Statutory Environment There is no statutory environment for this matter. Financial Implications There are no financial implications for this matter. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 1 – Vibrant and Active Communities Objective 3 – Quality Education, Healthcare, Childcare, Aged Care and Youth Services Policy Implications There are no policy implications for this matter. Voting Requirement Simple Majority Required

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The Commissioner indicated that a delegation to the Minister for Health may be appropriate to further this matter. Council Decision MOVED: Commissioner R Yuryevich

That Council receive the correspondence from the Deputy Premier of Western Australia; Minister for Health; Tourism regarding the Tom Price and Paraburdoo Hospitals as per ATTACHMENT 10.5B. CARRIED 1/0

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10.6

CORRUPTION AND CRIME COMMISSION - REPORT ON THE REVIEW OF THE CAPACITY OF LOCAL GOVERNMENTS IN THE PILBARA TO PREVENT, IDENTIFY AND DEAL WITH MISCONDUCT - 16 APRIL 2013

MINUTE: 11540 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: CS.CS.06.00 Frank Ludovico A/Chief Executive Officer Not Applicable

22 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Not Applicable

Summary Commencing in June 2011 the Corruption and Crime Commission (CCC) has undertaken a review and consultation into issues of misconduct in Pilbara local government’s. On 16 April 2013 the CCC tabled report in that WA State Parliament entitled "Report on the Review of the Capacity of Local Governments in the Pilbara to Prevent, Identify and Deal with Misconduct." The above report made two recommendations. Firstly that Pilbara local government’s develop a formal comprehensive and effective misconduct management strategy and system, and secondly a report on the progress of implementing a misconduct management strategy and system be reported to the WA Department of Local Government by 30 June 2013. This report details progress made and recommends developing a Misconduct Fraud and Corruption Prevention Policy by 30 November 2013.

Background In June 2011 the Corruption and Crime Commission carried out a review at the Shire of Ashburton in association with other Pilbara local governments to assess the Shires approach to misconduct risk and misconduct management. A number of interviews occurred with staff, and the administration believes Councillors were also asked for input.

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In March 2012 the Administration was asked to comment upon the review undertaken in June 2011 and comments were provided in May 2012. On 12 November 2012 the CCC forwarded a draft Report on the Review of Local Governments in the Pilbara undertaken by the Commission asking the Chief Executive Officer (CEO) to provide a response to the CCC by 30 November 2012 The Acting CEO indicated on the 7 December 2012 that with the departure the CEO and the suspension of Council he was unable to provide a response to the CCC. On 16 April 2013 the CCC tabled report in a WA State Parliament entitled "Report on the Review of the Capacity of Local Governments in the Pilbara to Prevent, Identify and Deal with Misconduct". The full report is attached for Council information. ATTACHMENT 10.6 The report made two recommendations. They are: “Recommendation 1 The Commission recommends that the Shire of Ashburton, the Shire of East Pilbara, the Town of Port Hedland and the Shire of Roebourne continue to develop a formal, comprehensive and effective misconduct management strategy and system. Recommendation 2 The Commission recommends that by 30 June 2013, the Shire of Ashburton, the Shire of East Pilbara, the Town of Port Hedland and the Shire of Roebourne report their progress in developing effective misconduct management strategies and systems to the Department of Local Government.” As the 5 June 2013 Council meeting is the only Ordinary Meeting of Council prior to 30 June 2013 deadline the Commissioner has asked the Administration to prepare a report in respect to recommendation 2. Comment The Shire of Ashburton has recently undertaken an extensive review of its local government functions resulting from the 2012 Probity Audit. Processes reviewed include tenders, private works, agenda preparation and updating policies including the Councillor Code of Conduct. However as noted in the CCC report (paragraph 92 and 93) "However, the review was not an audit. The intent of the review was not to test compliance with local government legislation, nor was it to identify instances of misconduct. The review focused on strategically evaluating organisational systems, processes and practices for preventing, identifying and dealing with misconduct and whether or not the local government had a specific approach to managing this issue.” In other words compliance with the Local Government Act did not necessarily mitigate the risk of misconduct.

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Essentially the CCC is requesting Councils to analyse their organisations to determine where misconduct risks lie, what decisions could be affected and then look at in detail how the misconduct risk can be mitigated. This is a significant process and will take time to implement. It is about creating a culture of reducing the misconduct risk. For the Shire of Ashburton this needs to be a work in progress. The Probity Audit has enabled us to improve our local government processes. We now need to consider our misconduct risks. In terms of a specific action plan a number of local governments have developed a "Misconduct, Fraud And Corruption Prevention Policy" and from there developed a “Misconduct, Fraud And Corruption Plan.” The Administration is aware the CCC is working with the number of local governments to identify misconduct risks. We understand this information will be available in the forthcoming months and this will assist in the development of any policy or plan. A "Misconduct, Fraud and Corruption Plan" will identify changes to systems and procedures and their implementation (particularly how people can report perceived misconduct). Consultation A/Chief Executive Officer A/Executive Manager - Technical Services A/Executive Manager – Corporate Services Corruption and Crime Commission Statutory Environment Section 7A (b) of the Corruption and Crime Commission Act 2003 (CCC Act) stipulates that one of the two main purposes of this Act is “to improve continuously the integrity of, and to reduce the incidence of misconduct in, the public sector.” Section 17 of the CCC Act provides the Commission with a prevention and education function. One of the ways this function can be formed performed is by analysing systems use within public authorities to prevent misconduct. Financial Implications The development of systems to prevent misconduct is unable to be quantified at this time. However the prevention of misconduct, fraud and corruption will reduce risks associated with these activities and will be beneficial to the organisation in the long-term. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Policy Implications There are no particular policies on this matter. Voting Requirement Simple Majority Required

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Council Decision MOVED: That Council: 1. Develop a Misconduct, Fraud and Corruption Prevention Policy by 30 November 2013. 2. Provide a copy of this report to the Department of Local Government and the Corruption And Crime Commission as per recommendation 2 of “Report on the Review of the Capacity of Local Governments in the Pilbara to Prevent, Identify and Deal with Misconduct – 16 April 2013. CARRIED 1/0 Commissioner R Yuryevich

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10.7

DELEGATE FOR THE WITTENOOM STEERING COMMITTEE

MINUTE: 11541 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: AS.WI.002.00 Janyce Smith Executive Officer CEO Department of Regional Development and Lands

27 May 2013 The author has no financial interest in the proposal.

Agenda Item 10.2 (Minute No. 11426) – Ordinary Meeting of Council 13 February 2013

Summary The Department of Regional Development and Lands (RDL) wrote to Council on 16 January 2013 indicating that it wished to reconvene the Wittenoom Steering Committee. This committee was first established in 2002 and at that time the Shire of Ashburton was only provided with observer status. This recent request from the Department (RDL) asked the Shire to nominate a delegate to the Committee. At the Ordinary Meeting of Council held on 13 February 2013 Council resolved: “That Council nominate Mr Keith Pearson, A/Executive Manager – Technical Services as its representative and Mr Frank Ludovico, A/Chief Executive Officer as his deputy to the Wittenoom Steering Committee.” Mr Frank Ludovico, A/Chief Executive Officer participated in the first Wittenoom Steering Committee meeting held on 23 April 2013 via conference call. It became apparent at this meeting that the Shire of Ashburton had conflicts of interest, particularly in regard to reporting responsibilities to Council. The purpose of this report is to inform Council that representation on the Wittenoom Steering Committee will cease.

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Background RDL wrote to Council on 16 January 2013 indicating that it wished to reconvene the Wittenoom Steering Committee. This committee was first established in 2002 and at that time the Shire of Ashburton was only provided with observer status. This recent request from the Department (RDL) asked the Shire to nominate a delegate to the Committee. The outcomes that the Wittenoom Steering Committee aims to achieve are: “1) Redrafting of the previously withdrawn Cabinet Submission to encapsulate the following items: a) The “phase down” of the town – providing an update on negotiations with current residents and landowners; b) Proposal for amending the current legislation to enable compulsory acquisition of any remaining freehold land; c) Strategies to minimise the asbestos exposure risk to Aboriginal people who access the Wittenoom area for traditional and cultural purposes; d) Demolition of existing premises, buildings and removal of the mining equipment and other “Ghost Town: relics and artifacts that provide attraction for tourists; and e) Providing an update on the development of strategies/approach for remediating/managing asbestos impacted areas.” ATTACHMENT 10.7A At the Ordinary Meeting of Council held on 13 February 2013 Council resolved: “That Council nominate Mr Keith Pearson, A/Executive Manager – Technical Services as its representative and Mr Frank Ludovico, A/Chief Executive Officer as his deputy to the Wittenoom Steering Committee.” Mr Frank Ludovico, A/Chief Executive Officer participated in the first Wittenoom Steering Committee meeting held on 23 April 2013 via conference call. It became apparent that at this first meeting that the Shire of Ashburton had conflicts of interest, particularly in regard to reporting responsibilities to Council. After the meeting held on 23 April 2013, Commissioner Ron Yuryevich received correspondence from RDL requesting that the Shire cease direct representation on the Wittenoom Steering Committee. “The Committee discussed various matters which are still in the preliminary stages of consideration by government agencies, subject to further deliberations by the Committee and subsequent submissions to Government for their consideration. Therefore the deliberations of the Committee are, at this stage, confidential within State government agencies. It was apparent from the discussions at the first meeting of the Committee that the representative of the Shire of Ashburton had conflicts of interest, particularly with regard to reporting responsibilities to the Shire Council. Therefore it was the view of the Committee that representation by the Shire of Ashburton should be discontinued. From our discussions on 10 May, I also acknowledge your point that the current situation of the Shire of Ashburton, with the associated Wittenoom related litigation issues, is also relevant to this matter.

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The Committee recognises the important role, knowledge and expertise which officers of the Shire have on Wittenoom related issues. We would like to maintain our lines of communication with Shire officers and seek advice accordingly on an as needs basis. However, I am requesting your agreement in ceasing direct representation by the Shire of Ashburton the Wittenoom Steering Committee.” ATTACHMENT 10.7B Comment This is a very difficult situation where the Steering Committee requires confidentiality and the CEO needs to provide Council with reports on the activities of the committee. This is especially so as a member of the Council is also resident of Wittenoom. As suggested by the Steering Committee it is recommended that we maintain communication with RDL officers on Wittenoom related issues. Consultation Commissioner Ron Yuryevich A/Chief Executive Officer Statutory Environment There are no statutory issues in this matter. Financial Implications There are no financial implications in this matter. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 4 – Distinctive and Well Services Places Objective 2 – Accessible and Safe Towns Policy Implications Council Policy EMP02 – Prohibited Areas, Wittenoom and Yampire Gorge is relative to this issue. Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council discontinue its representation on the Wittenoom steering committee but maintain contact with Department of Regional Development and Lands officers on Wittenoom related issues. CARRIED 1/0

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11.
11.1

CORPORATE SERVICES REPORTS
RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF APRIL & MAY 2013

MINUTE: 11542 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: FI.RE.00.00 Leah M John Finance Manager Not Applicable

13 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council.

Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment This report presents a summary of the financial activity for the following month: April 2013 • Statements of Financial Activity and associated statements for the Month of March 2013. ATTACHMENT 11.1A May 2013 • Schedule of Accounts and Credit Cards paid under delegated authority for the Month of April 2013. ATTACHMENT 11.1B

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Consultation Executive Management Team Finance Manager Finance Coordinator Finance Officers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34 Local Government (Financial Management) Regulation 1996. Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Objective 4 - Exemplary Team and Work Environment Policy Implications Nil Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council receives the Financial Reports for April 2013 and Schedule of Accounts as per ATTACHMENT 11.1A and Credit Cards paid in May 2013 as per ATTACHMENT 11.1B. CARRIED 1/0

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11.2

SHIRE OF ASHBURTON GOVERNANCE MANUAL

MINUTE: 11543 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: OR.CM.01.00 Leanne Lind Governance and Policy Officer Not Applicable

24 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the project

Agenda Item 11.3 (Minute No. 11312) – Ordinary Meeting of Council 17 October 2012.

Summary A Governance Manual has been compiled to assist the Council to achieve the appropriate level of governance to fulfil their roles as elected members. Corporate Governance is defined as a system of processes through which an organisation makes decisions and how it directs, controls and monitors its operations. These systems are complex, which is why having a formal manual will support new and existing Councillors to achieve excellence in their governance roles. ATTACHMENT 11.2

Background From the independent review all systems, policies and procedures as part of the risk management and integrated planning processes it was evident that a more formal and documented approach to the governance policies and procedures would be of benefit to the Council. It will also assist in communication and focus of the governance role and legislative requirements to the organisation at large. The Governance Manual has been based on a number of existing governance frameworks but in particular the principles and practices outlined in the “Excellence in Governance for Local Government” produced by the Local Government Managers Australia and CPA Australia.

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Comment The Manual links the respective roles under the Local Government Act 1995 and other relevant legislation with the suite of available governance documents. It is designed to provide guidance and information to the major participants in all functions and governance processes of the Council. The Governance Manual contains a suit of policies and will act as: • • • • An introduction for new Councilors and staff members to the governance framework and processes for the Council; A guide and reference for Councilors in performing their duties as elected representatives; A document that establishes clear guidelines for the day to day governance of the Council; A basis to monitor the performance of the Council and Administration in working towards excellence in governance.

The policies contained in the suite are; ELM01 ELM02 ELM03 ELM04 ELM05 ELM06 ELM07 ELM08 ELM09 ELM10 ELM11 ELM12 ELM13 Council and Other Meetings Policy Policy Official Photograph Presentations to Retiring Councillors Policy Code of Conduct Policy for Councillors and Staff Councillor Training/Conference Policy Councillors /Staff Council Business Accommodation, Travel and Incidental Expenses Policy Conduct of Public Question Time / Deputations Policy Order of Business — Ordinary Council Meeting Policy Standing Orders 2012 Council Briefing Forums Policy Financial Sustainability Policy Integrated Planning Policy Workforce Planning and Management Policy Use of Shire of Ashburton Common Seal Policy

Please Note: All policies are considered living documents and shall be reviewed from time to time. All policies associated with this Governance Manual shall be presented to Council under separate Agenda Items for Council approval. Consultation A/Chief Executive Officer A/Executive Manager - Corporate Services RiskId Department of Local Government WALGA LGMA Statutory Environment Local Government Act 1995 Financial Implications Nil

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Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Objective 3 - Council Leadership. Policy Implications The review of the Governance Policies associated with this manual shall be presented to Council at its next meeting. Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council withdraw item ‘11.2 Shire of Ashburton Governance Manual’ and refer the item to a workshop with Council at a time chosen by the Shire President and the A/Chief Executive Officer. CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it was appropriate for elected Council to workshop these policies before they are adopted.

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11.3 ELM01 ELM02 ELM03 ELM04 ELM05 ELM06

POLICY REVIEW COUNCIL AND OTHER MEETINGS OFFICIAL PHOTOGRAPH PRESENTATIONS TO RETIRING COUNCILLORS CODE OF CONDUCT POLICY FOR COUNCILLORS, COMMITTEE MEMBERS AND STAFF COUNCILLOR TRAINING/CONFERENCE ATTENDANCE COUNCILLORS ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSES WHILST ON COUNCIL BUSINESS

FILE REFERENCE:

ELM01 ELM02 ELM03 ELM04 ELM05 ELM06 OR.CR.00.00(Superseded) Leanne Lind Governance and Policy Officer Not Applicable

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

24 May 2013 The Author has no financial interest in this item.

Minute Number 12.05.22 Ordinary Meeting of Council 18 November 1997 Minute Number 12.07.1045 Ordinary Meeting of Council 11 April 2006

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Summary Section 2.7(2)(b) of the Local Government Act 1995 (“the Act”) states that the making of policy is a role of the Council. PURPOSE: To ensure all reviewed policies reflect the Shire’s commitment to ensuring best practice governance principles are applied and that Councillor’s observe a high level of conduct as elected members.

EFFECT:

These governance level policies have been reviewed by key stakeholders and the Executive Managers. The policies have been written to reflect the most up to date statutory environment and formatted to reflect the Shire’s newly approved template models.

Background Existing Shire of Ashburton Policies reviewed are: Policy No. ELM01 ELM02 ELM03 ELM04 Policy Name Council and Other Meetings Official Photograph Presentations To Retiring Councillors Code Of Conduct Policy for Councillors, Committee Members and Staff Councilor Training Councillors Accommodation, Travel and Incidental Expenses whilst on Council Business Councillor Travel Expense Claim Form Last Review Date 20 May 2008 20 May 2008 20 May 2008 11 April 2006

ELM05 ELM06

20 May 2008 20 May 2008

SOA CEO 023

ATTACHMENT 11.3A Comment The attached policies were presented at the Executive Managers meeting on 9 May 2013 as part of the Shire of Ashburton policy review process. Feedback from this meeting was incorporated into the policies and they were again presented to the Executive Managers meeting on 20 May 2013. It was agreed that they be presented for adoption at the Council meeting on 5 June 2013.

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The reviewed ELM policies are presented to Council for adoption. Policy No. ELM01 Policy Name Council and Other Meetings Policy (Corp_Gov) Changes Made Updated to reference Policy ELM06.

ELM02

Official Photograph Policy (Corp_Gov)

No Changes made.

ELM03

Presentations To Retiring Councillors Policy (Corp_Gov)

Updated to included reference to LGA 1995 s.5.100A.

ELM04

Code Of Conduct Policy for Councillors, Committee Members and Staff Policy (Corp_Gov)

Updated to reflect the WALGA model, incorporating the Statutory Environment requirements.

ELM05

Councillor Training/Conference Attendance Policy (Corp_Gov)

New policy name to include conference attendance. Content of policy updated to better outline what is provided for Councillors for their training and conference requirements within the Statutory Environment. ELM05 Procedure, Application, Expenditure and Evaluation Forms presented as separate documents.

Councillor Training/Conference Attendance Procedure

ELM05 Councillor Training/Conference Attendance Procedure introduced as supporting documentation for the ELM05 policy.

Councillor Training/Conference Attendance Application Form

ELM05 Councillor Training/Conference Attendance Application Form introduced as separate supporting documentation for the ELM05 policy.

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Councillor Training/Conference Attendance Expense and Travel Claim Forms

SOA CEO 023 Councillor Travel Expense Claim Form has been revised and a new ELM05 Councillor Training/Conference Attendance Expense and Travel Claim Form introduced as supporting documentation for the ELM05 policy. ELM05 Councillor Training/Conference Attendance Evaluation Forms introduced as supporting documentation for the ELM05 policy.

Councillor Training/Conference Attendance Evaluation Forms

ELM06

Councillors Accommodation, Travel and Incidental Expenses whilst on Council Business Policy (Corp_Gov)

Content of policy updated to better outline what is provided to Councillors for their training/conference requirements within the Statutory Environment.

ATTACHMENT 11.3B Consultation Executive Management Team Manager – Organisational Development WALGA Statutory Environment The Local Government Act 1995 Local Government (Administration) Regulations 1996 Planning and Development Act 2005 Public Service Award 1992 Financial Implications As outlined within the Policy documents. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 03 – Council Leadership Objective 04 – Exemplary Team and Work Environment Policy Implications Update of listed policies reviewed. Voting Requirement Simple Majority Required

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Council Decision MOVED: Commissioner R Yuryevich

That Council withdraw item ‘11.3 Policy Review ELM01 Council And Other Meetings ELM02 Official Photograph - ELM03 Presentations to retiring Councillors - ELM04 Code of Conduct Policy for Councillors, Committee Members and Staff - ELM05 Councillor Training/Conference Attendance - ELM06 Councillors Accommodation, Travel and Incidental Expenses whilst on Council Business’ and refer the item to a workshop with Council at a time chosen by the Shire President and the A/Chief Executive Officer. CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it was appropriate for elected Council to workshop these policies before they are adopted.

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11.4

FINANCIAL MANAGEMENT AUDIT

MINUTE: 11545 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: FI.AU.12.13 Lisa Hannagan A/Executive Manager - Corporate Services Not Applicable

28 May 2013 The author has no financial interest in the proposal.

Agenda Item 12.05.34 Ordinary Meeting of Council 16 May 2006

Summary To present the 2013 UHY Haines Norton Financial Management Review to Council.

Background Regulation 5 (2) (c) of the Local Government (Financial Management) Regulations 1996 provide that the Chief Executive Officer is to: “Undertake reviews of the appropriateness and effectiveness of the financial management systems and procedures of the local government regularly (and not less than once in every 4 financial years) and report to the local government the results of those reviews.” Comment The last Financial Management Review was undertaken by Horwath Auditors in 2006. Therefore, the Shire of Ashburton was non-compliant in respect to this matter. This was raised in Recommendation 30 of the 2012 Probity Compliance Report. UHY Haines Norton was appointed to undertake the review in March 2013. Their report was received by the Shire of Ashburton in May 2013 and a full copy has been included in the Attachments to this agenda. ATTACHMENT 11.4

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The conclusion of the UHY Haines Norton report states that: “Based on our work described in this report which is not an audit, nothing has come to our attention to indication the Shire of Ashburton has not established and maintained, in all material respects, appropriate and effective financial management systems and procedures during the period 1 July 2012 to 28 February 2013. Notwithstanding this, a number of areas have been noted as requiring attention in order to improve the overall efficiency of the Shire of Ashburton’s financial management systems and procedures. For those aspects which were assessed as having opportunities for improvement, our findings are summarized as Part 3.0 of this report and detailed observations and comments are located at Part 4.0 of this report.” Below, for Councilor convenience, are the areas for noted in Section 3.0 as requiring attention so as to improve efficiency. It is worth noting that some of these issues were raised by the 2012 Probity Compliance Report and many have been addressed. Finding Status Bank Reconciliations – transfer not cleared between Municipal and Outstanding Reserve Accounts Rates Noted Rate notice/accompanying information did not include a necessary Rates statement regarding pensioner rates for 2013/14

Purchases/Payables etc – Ongoing training of 1. On occasion purchase orders were not raised. staff in place. 2. Changes to creditors details in the system not adequately supervised. Wages/Salaries New process in place Changes to employees’ details in the system were not adequately to ensure adequate supervised. supervision of changes. Credit Cards Credit Card Policy not signed by card holders Fully addressed (by Probity Audit).

Cost and Administrative Allocations Ongoing – will be Allocation rates for Public Works Overheads and Plant Operating addressed in FY Costs have not been regularly reviewed or adjusted. 2013/14. Minutes and Meetings Addressed. Minutes of meetings of Committees’ were not signed by the person presiding over the meeting at which the minutes were confirmed. Financial Reports Noted for future The 2012 annual report did not include information regarding Annual Reports. complaints.

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Financial Interests Register 1. Annual & Primary Returns contained blank sections; 2. Section 2(a) of Annual Returns incorrectly completed; 3. Annual returns were not dated and/or signed; 4. Annual return were completed in advance or not completed within the relevant reporting period; 5. Annual & Primary returns were not properly acknowledged; 6. Returns of Ex-Councillors and ex employees were not removed; 7. The extent of the interest disclosed was not always records. Tender Register The register was not properly maintained with required information.

These issues were raised in the 2012 Probity Compliance Audit and have been addressed both by DLG Councillor Training and an increased focus on governance by Officers.

Also raised in the 2012 Probity Compliance Audit and fully addressed. General Compliance and Other matters Investment Policy has been reviewed. 1. Investment Policy – not compliant with amend regulation; Executive staff will and undergo “Disaster 2. No disaster recovery plan in place and copies of data files Recovery” Training, were not stored off site. and develop a Policy during 2013/14 FY.

Consultation A/Chief Executive Officer A/Executive Manager - Corporate Services UHY Haines Norton Statutory Environment Regulation 5 Local Government (Financial Management) Regulations 1996 Financial Implications The cost of the Financial Management Audit was included in the 2012/13 Budget. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Policy Implications Nil Voting Requirement Simple Majority Required

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Council Decision MOVED: That Council: 1. Receives the Financial Management Review as per Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996; Directs the Chief Executive Officer to take action on the recommendations contained in the report. CARRIED 1/0 Commissioner R Yuryevich

2.

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11.5

PROBITY AUDIT - FIN12 PURCHASING AND TENDER POLICY REVIEW 2013

MINUTE: 11546 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: AS.TE.01.13 Lisa Hannagan A/Executive Manager - Corporate Services Not Applicable

21 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Agenda Item 17.4 Ordinary Meeting of Council 21 November 2012 Agenda Item 10.3 Ordinary Meeting of Council 12 December 2012 Agenda Item 17.1 Ordinary Meeting of Council 23 January 2013 Agenda Item 17.2 Ordinary Meeting of Council 13 February 2013 Agenda Item 17.2 Ordinary Meeting of Council 13 March 2013 Agenda Item 17.1 Ordinary Meeting of Council 10 April 2013 Agenda Item 17.1 Ordinary Meeting of Council 8 May 2013

Summary At the Ordinary Meeting of Council held on 21 November 2012 Council determined to “Accept the recommendations contained in the 2012 Probity Compliance Audit Report and undertakes to give priority to their implementation.” Executive Managers met on Monday 3 December 2012 to develop a plan for dealing with the issues raised in the report. Shire Officers have methodically worked through the 41 Recommendations of the Probity Compliance Audit 2012 Report and areas of concern have been reviewed, amended where necessary and put to Council.

Background Recommendations 25 and 26 of the Probity Compliance Audit 2012 related to the maintenance of the Tender Register and a review of the Purchasing and Tender Policy FIN12.

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Comment The Shire of Ashburton Policy for Purchasing and Tenders (FIN12) has been reviewed and amended. As part of the review Process the proposed changes have also been reviewed by the Executive Management Team. Apart from the Policy, a process Flowchart has been developed to provide staff with additional detail in their management of Tenders. ATTACHMENT 11.5 Consultation A/Chief Executive Officer A/Executive Manager Corporate Services A/Administration Manager Policy & Governance Officer Records Administrator Peer review of other Local Government Policies Statutory Environment Regulation 17 of the Local Government (Functions & General) Regulations 1996. Financial Implications Nil Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Policy Implications Policy Manual to be updated and staff advised via AIMs. Voting Requirement Simple Majority Required

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Council Decision MOVED: Commissioner R Yuryevich

That Council adopt the reviewed policy FIN12 Purchasing and Tender Policy as per ATTACHMENT 11.5 with the following changes: • In Section 4 Purchasing Thresholds tables for purchases up to $5,000 in the Quotes Required section replace with "Obtain two verbal quotations which are to be recorded in the "Verbal Quotation Form" and included with the purchase order when passed for payment” In Section 4 Purchasing Thresholds tables for purchases between $5,001 $50,000 in the Quotes Required section replace with "Obtain at least three written quotations. Written quotations and included with the purchase order when passed for payment." CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The changes provide greater transparency and purchases are conducted in a business like manner.

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11.6

PROPOSED DIFFERENTIAL RATES 2013/14

MINUTE: 11547 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: FI.RA.00.00 Lisa Hannagan A/Executive Manager - Corporate Services Not Applicable

27 May 2013 The author has no financial interest in the proposal.

Agenda Item 12.06.32 Ordinary Meeting of Council 17 June 2008.

Summary This agenda item discusses setting of Differential Rates for the 2013/14 Financial Year. This report recommends increasing rates collection by $2.8 million in order to continue to service the community need. The proposed differential rate schedule must be advertised for a minimum of 21 days.. This period allows ratepayers the ability to consider the proposed rates and make any submissions prior to Council adopting the rates in the dollar as part of the budget adoption process. It is also necessary to obtain the Minister for Local Government’s approval due to highest differential rate being more than twice the lowest differential rate to be imposed.

Background At Council June 2008 meeting (Item 12.06.32) the Officers report relating to rates settings for the 2008/09 Financial Year, stated in part: “It is further proposed that Council shift the significant weighting of rates collected from the individual “town based” rate payer to the mining and industrial sector...” It was in this context that Council adopted a strategy of increasing the total rate income from GRV properties and UV rated Rural Pastoral properties by 5 percent, which was slightly above the Perth CPI for the period of 4.4 percent, and increasing rates for the UV rates Mining Leases by 25 percent in the dollar in an attempt to address the fact that Urban GRV rated properties, in particular were paying a disproportionate portion of the Shires total rate income, despite the fact “that much of Council infrastructure is being developed to meet the demands of the mining industry”.

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The below table represents the percentage distribution over the past three years 10/11 Rates Levied Actual (includes Interim and Back Rates) 42% 48% 11/12 Rates Levied Actual (includes Interim and Back Rates) 35% 65%

GRV% UV%

10/11 Rates Levied at Billing 44% 56%

11/12 Rates Levied at Billing 39% 61%

12/13 Rates Levied at Billing 34% 66%

This strategy is being continued for the 2013/2014 Budget with a GRV UV split moving to a 30% and 70% basis respectively. Detailed below is a comparison of Rates raised or levied over the last three years: 10/11 Rates Levied Actual (includes Interim and Back Rates)

Rate Code Description Non Rateable GRV Industrial Development GRV Residential Development GRV Residential GRV Commercial GRV Tourism GRV Community GRV Industrial UV Pastoral UV Commercial UV Industrial UV Tourism UV Mining Leases TOTAL LEVIED % Total increase $ Total Increase $ Total GRV $ Total UV % Total GRV % Total UV

11/12 Rates Levied Actual 12/13 (includes Interim Rates Levied and Back Rates) at Billing

1,011.32 4,751.56 2,822,992.77 690,959.71 28,161.98 18,205.25 57,206.28 191,586.51 11,669.99 1,551,172.59 41,608.80 3,161,598.49 8,580,925.25 16% $ 1,208,332.25 3,623,288.87 4,957,636.38 42% 58%

1,041.65 4,592.43 2,903,500.65 726,605.05 29,006.58 16,778.70 68,558.44 208,546.02 16,429.16 2,670,547.38 41,554.56 3,976,357.65 10,663,518.27 24% $ 2,082,593.02 3,750,083.50 6,913,434.77 35% 65%

3,332,249.23 839,830.66 33,355.66 15,750.97 75,656.15 211,641.44 19,054.32 3,262,173.49 47,937.06 4,682,212.72 12,519,861.70 17% $ 1,856,343.43 4,296,842.67 8,223,019.03 34% 66%

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Comment In order to consider any increases in rates, the following tables reflect important information. Table 1 outlines the Consumer Price Index (CPI) and Local Government Cost Index (LGCI) indices. The LGCI is used by Local Governments across Western Australia to communicate movements in the cost to deliver services over time. It is essentially a measure of inflation that applies to Local Government expenditure, in the same way that the CPI measures movements in the cost of goods and services purchased by households. Table 1 2011/12 Actual 1.10% 3.40%

2010/11 Actual CPI LGCI 2.60%

2012/13 Forecast 3.50% 3.60%

2013/14 Forecast 3.25% 3.20%

Source: WALGA Local Government Economic Briefing – March 2013

It is the view of the Administration that a further 4% needs to be added to the LGCI to reflect the circumstances in the Pilbara. Council is also experiencing additional pressures arising from the activity in the Shire. The unprecedented influx of infrastructure funding has increased workloads in many areas has necessitated the employment and accommodation of more and highly skilled staff. It has also meant the Shire has to make matching contributions to enable projects to proceed. Once these new facilities have been created additional maintenance and running costs are incurred (the development of the Asset Management Plan, Workforce Plan and Long Term Financial Plan will highlight these issues). The differential rates in the dollar proposed, are an attempt to balance the need for revenue required to fund essential services, facilities and infrastructure and an equitable distribution of rates. Land uses in the Ratebook have not been analysed for quite some time, however recent review of property movements, land uses and their definitions has resulted in a number of properties moving from one rate code to another in 2013/14. The major impact of the review can be seen in revenue for the GRV Industrial properties. The Administration has also reviewed the structure of the rate codes to develop a model for future rating.

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Detailed below is a model based on information in the database as at 21st May 2013, and propose the following for consideration by Council. Rate Code Description GRV Residential GRV Commercial GRV Tourism GRV Community GRV Industrial GRV Workers Accommodation Facilities UV Pastoral UV Commercial UV Industrial UV Tourism UV Mining Leases Minimum Payment TOTAL % Total increase on 12/13 rates levied at billing $ Total increase 12/13 rates levied at billing $ Total GRV $ Total UV % Total GRV % Total UV Rate in the $ 0.037000 0.046250 0.046250 0.037000 0.046250 0.046250 0.039374 0.393744 0.393744 0.196872 0.393744 $600.00 Total Revenue 3,573,848.23 756,749.95 41,699.00 24,092.82 243,824.85 289,424.58 4,093,025.78 67,920.84 6,276,034.41 15,366,620.46 23% 2,846,758.76 4,640,214.85 10,726,405.61 30% 70%

$

GRV Commercial / Industrial / Tourism $0.046250 Last year saw the rate in the dollar for these categories set at different individual rates. This was done so that each rate code’s total revenue would only increase by a uniform amount. After the GRV revaluation, rates in these areas could have increased significantly without this adjustment. For the new 2013/14 financial year, we propose to have the same rate in the dollar for these rate code categories. This would mean that Commercial will contribute 5%, Industrial 1% and Tourism 1%, totaling approximately 7% of revenue required to meet the budget requirements of Council. This rate in the dollar has been set higher to acknowledge the heavier use of infrastructure and other Council asset and services by Commercial/Industrial and Tourism properties. It will also be the basis from which other GRV differential rates in the dollar will be calculated. GRV Workers Accommodation Facilities $0.046250 A new rate code has been introduced to capture all mining camps that may become rateable on a GRV basis throughout the financial year. This rate in the dollar will be the same as the rate in the dollar set for GRV Commercial / Industrial and Tourism.

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GRV Residential / Community $0.037000 We propose to set these two rate codes at twenty percent (20%) less than that of GRV Commercial / Industrial / Tourism to recognise the impact these properties have on Shire infrastructure and amenities. The total amount of revenue that residential properties will contribute has increased by 7% from the 2012/13 financial year to ensure a fair distribution of rates income. This means that Residential properties are contributing approximately 22% of total revenue required to meet the budget requirements of Council. Community properties will contribute approximately 1%. UV Mining Leases / Commercial / Industrial $0.393744 We propose for the new 2013/14 financial year, to have the same rate in the dollar for these rate code categories. This would mean that Mining will contribute 40% and Industrial/Commercial 27%, totaling approximately 67% of total revenue required to meet budget requirements of Council. This rate in the dollar has been set higher to acknowledge that much of Councils infrastructure is being developed to meet the demands of these industries. it will also be the basis from which other UV differential rates in the dollar will be calculated. UV Tourism $0.196872 We propose to set this rate code at fifty percent (50%) less than that of UV Mining Leases / Commercial / Industrial, to recognise the impact these properties have on Shire infrastructure and amenities. The contribution of revenue from this rate code will be approximately 1%. UV Pastoral $0.039374 We propose to set this rate code at ninety percent (90%) less than that of UV Mining Leases / Commercial / Industrial, to recognise the impact these properties have on Shire infrastructure and amenities. The contribution of revenue from this rate code will be approximately 2% which is a reasonable balance between fairness and requirements. Mining Payment This has also increased from $550 to $600. The proposed minimum payment ensures that all ratepayers are contributing an equitable amount, regardless of their property value, for services provided by the Shire. The proposed differential rate schedule must be advertised for a minimum of 21 days. This period allows ratepayers the ability to consider the proposed rates and make any submissions prior to Council adopting the rates in the dollar as part of the budget adoption process. It is also necessary to obtain the Minister for Local Government’s approval due to highest differential rate being more than twice the lowest differential rate to be imposed. The first day it is possible to publically advertise the proposed rates in dollar, is Saturday 15 June 2013 and allowing for 21 days, the advertising would be completed on 8July 2013. After allowing time for Ministerial approval this would allow Council to adopt the 2013/14 Budget at a Special Meeting of Council in late July 2013.

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Consultation Executive Management Team Department of Local Government Statutory Environment Local Government Act 1995, Part 6, Division 6 – Rates and Service Charges, Sections 6.32, 6.33, 6.35 and 6.36. - Section 6.32 of the Local Government Act 1995 provides Council with the power to apply rates to property; - Section 6.33 of the Local Government Act 1995 provides Council with the power to apply differential general rates although Ministerial approval is required where a differential rate is more than the lowest differential rate to be imposed; - Section 6.35 of the Local Government Act 1995 provides Council with the power to apply a minimum payment which is greater than the general rate which would otherwise be payable on that land; - Section 6.36 of the Local Government Act 1995 requires Council to give public notice of its intention to impose differential rates, inviting submissions within 21 days (or more is desired). Council is also required to consider any submissions received prior to imposing the proposed rate or minimum payment. Part 5 of the Local Government (Financial Management) Regulations 1996. Financial Implications The rate level set by Council will underpin its ability to provide services and facilities for the 2013/14 Financial Year and into the future. Strategic Implications The rate level adopted by Council will affect the Shire’s ability to deliver on all aspects of the Strategic Plan. Policy Implications There are no Council Policy Implications relative to this issue. Voting Requirement Absolute Majority Required

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Council Decision MOVED: That Council: 1. Advertise its intention, in accordance with section 6.36 of the Local Government Act 1995, to adopt the following rates in the dollar and minimum rates for the differential rating categories specified for the 2013/14 Financial Year: Rate Code Description GRV Residential GRV Commercial GRV Tourism GRV Community GRV Industrial GRV Workers Accommodation Facilities UV Pastoral UV Commercial UV Industrial UV Tourism UV Mining Leases Minimum Payment Rate in the $ 0.037000 0.046250 0.046250 0.037000 0.046250 0.046250 0.039374 0.393744 0.393744 0.196872 0.393744 $600.00 Commissioner R Yuryevich

2. If no objections are received apply to the Minister of Local Government and Regional Development to approve Council in imposing the Schedule of Rates outlined in point 1 above. CARRIED BY ABSOLUTE MAJORITY 1/0

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12.
12.1

STRATEGIC & ECONOMIC DEVELOPMENT REPORTS
PROPOSAL TO CHANGE PURPOSE OF RESERVE 39206 & 39277

MINUTE: 11548 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: RE.TP.R.39277 Emma Heys A/Economic and Land Development Manager Not Applicable

23 April 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Not Applicable

Summary Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, Tom Price Paraburdoo Road are currently vested in the Shire of Ashburton for the purposes of “Pistol Club and Range” and “Rifle Range and Club” respectively. The Tom Price Branch Sporting Shooters Association of Australia (WA) Inc (TPSSA) currently holds a lease over the above reserves and has requested to change the purpose of both reserves to a more generic purpose of “Shooting Complex.” Council support is sought to cancel one of the reserves and accept a management order over both lots, under one remaining reserve number with the power to lease, with the proposed new purpose of “Shooting Complex”, as per the recommendations received from the Department of Regional Development and Lands.

Background Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, Tom Price Paraburdoo Road are currently vested in the Shire of Ashburton for the purposes of “Pistol Club and Range” and “Rifle Range and Club” respectively. A licence agreement exists between the TPSSA and the Shire of Ashburton for Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, Tom Price Paraburdoo Road for the stated purposes. ATTACHMENT 12.1A

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On 28 August 2012 the TPSSA made a formal request to the Shire of Ashburton to change the purposes of both reserves from “Pistol Club and Range” and “Rifle Range and Club” in order to allow the development of new club rooms and facilities under a common purposes. Advice was sought from the Department of Regional Development and Lands (RDL) as to the process involved in changing the purpose of both reserves. A response from RDL was received on 10 April 2013, which stated: “…Please be advised that the Department of Regional Development and Lands (RDL) has no objection to the proposal. Prior to any further action from this office, RDL requests that Council pass a resolution to:Relinquish management over both reserves; Cancel one of the reserves (as chosen by Council); and Accept a management order over both lots under the remaining reserve number with the proposed new purpose of “Shooting Complex.” ATTACHMENT 12.1B The TPSSA has advised that Reserve 39206, Gregory Location 51 Tom Price Paraburdoo Road is not currently used and only houses a structure that has been condemned and is earmarked for removal. Comment Council support is now being sought to: 1. Relinquish the existing management orders over reserves Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, Tom Price Paraburdoo Road; 2. Cancel Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road as the TPSSA has advised that this reserve is currently not used for any purposes and only houses a condemned structure; 3. Apply to RDL for a management order over both lots, being Gregory Location 51 and 55 respectively, under the remaining reserve number of Reserve 39277 Gregory Location 55, Tom Price Paraburdoo Road, with the power to lease with the new proposed purpose of “Shooting Complex”. Consultation Executive Manager – Community Development A/Economic and Land Development Manager Department of Regional Development and Lands Statutory Environment Land Administration Act 1997 Local Government Act 3.54 Reserves Under the Control of local government Financial Implications Nil Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 1 - Vibrant and Active Communities Objective 2 - Active People, Clubs and Associations

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Policy Implications Nil Voting Requirement Simple Majority Required

Council Decision MOVED: That Council: 1. Relinquish the existing Management Orders over Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, Tom Price Paraburdoo Road; 2. Request the cancellation of Reserve 39206; from Department of Regional Development and Lands for a Management order 3. Apply to the Department of Regional Development and Lands for a Management Order for the purpose of Shooting Complex witrh the power to lease over both Reserves, under the remaining Reserve number of 39277, Gregory Location 55, Tom Price Paraburdoo Road. 4. Delegate authority to the Acting Chief Executive Officer to enter into a Lease Agreement with the Tom Price Sporting Shooters Association for the purpose of a “Recreation - Shooting Complex.” 5. Authorise the Commissioner and the A/Chief Executive Officer to affix the common seal of the Shire of Ashburton to the documentation. CARRIED 1/0 Commissioner R Yuryevich

REASON FOR CHANGE OF RECOMMENDATION: This change allows for other activities to occur on this Reserve into the future.

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12.2

AWARD RFT 05/13 LEASE OF PREMISES FOR PORTION OF LOT 811 ASHBURTON COURT, PARABURDOO

MINUTE: 11549 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: AS.TE.5.13 Emma Heys A/Economic and Land Development Manager Not Applicable

23 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Agenda Item 12.1 Ordinary Meeting of Council 13 February 2013

Summary The Shire received one valid submission for RFT 05/13 Lease of Premises for Portion of Lot 811 Ashburton Court, Paraburdoo. Permission is sought from Council to accept this submission and delegate authority to the Acting Chief Executive Officer to enter into a Lease Agreement for a 24 month period with the successful tenderer.

Background Portion of Lot 811 Ashburton Court, Paraburdoo, previously occupied by CPS Community Australia, became vacant in February 2013. At the 13 February 2013 Council Meeting, Council approved the tender to lease for portion of Lot 811 Ashburton Court Paraburdoo. The tender was advertised on 13 April 2013 and closed on 9 May 2013. One tender submission was received from: 1. Mr Richard Crooks for $1800.00 per calendar month (excluding GST) A market appraisal of rental values in Paraburdoo is difficult to obtain given the lack of comparable properties available for rent. Therefore the previous rental rate received from CPS Community Australia, of $1829.30 per calendar month (excluding GST) is the best comparison in determining value for money.

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Comment In the tender Mr Richard Crooks indicated the proposed use for the portion of Lot 811 Ashburton Court Paraburdoo as a “Café style shop with a small dine in area and takeaway”. As per the conditions of the Lease, any required fit out of the premises will be at the Lessee’s expense. The standard Lease document used by the Shire of Ashburton provides for CPI increases to the rent charged, on a yearly basis at clause 6.2. Consultation A/Economic and Land Development Manager A/Partnership/Revitalisation Manager Statutory Environment Local Government Act 1995 S3.58 ‘Disposing of Property’. Financial Implications The total value of the Lease is likely to net Council $43,200 over the 24 month period. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 02 – Active Clubs, People and Associations Objective 01 – Strong Local Economies Policy Implications Nil Voting Requirement Absolute Majority Required

Council Decision MOVED: That Council: 1. Accept the tender submission for Lease of Premises for Lot 811 Ashburton Court, Paraburdoo, from Mr Richard Crooks for a 24 month period at rental of $1,800 per month. 2. Delegate authority to the Acting Chief Executive Officer to enter into a Lease Agreement with Mr Robert Crooks for Lot 811 Ashburton Court, Paraburdoo for the purposes of a “Café style shop” for the nominated period of 24 months. 3. Authorise the Commissioner and the A/Chief Executive Officer to affix the common seal of the Shire of Ashburton to the documentation. CARRIED BY ABSOLUTE MAJORITY 1/0 Commissioner R Yuryevich

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12.3

PROPOSED FUNDING APPLICATION FOR NEW NEIGHBOURHOOD CENTRE IN PARABURDOO

MINUTE: 11550 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: PA.DG.0615 Anika Serer Acting Partnership/Revitalisation Manager Not Applicable

27 May 2013 The author has no financial interest in the proposal.

Agenda Item 12.6 (Minute No. 11351) – Ordinary Meeting of Council 21 November 2012; Agenda Item 15.3 (Minute No. 11294) - Ordinary Meeting of Council 19 September 2012; Agenda Item 15.1 (Minute No. 11100), Ordinary Meeting of Council 14 December 2011

Summary Pilbara Development Commission (PDC) has advised there is a possibility of a funding round in the next 2-3 months for shovel-ready projects in the Pilbara. The details and value of funding has not been confirmed yet but is expected to be less than $10 million available across the region. It is proposed to submit an Expression of Interest and supporting documentation to construct the Neighbourhood Centre in Paraburdoo, endorsed as part of the Paraburdoo Community Hub concept at the November 2012 Council Meeting, for consideration by PDC should the funding round be confirmed.

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Background The Paraburdoo Community Hub concept plan was developed by the Shire in conjunction with extensive community consultation, stakeholder engagement and consultants (Creating Communities and Roxby Architects). Existing recreation and community facilities in Paraburdoo have either reached the end of their usable life, or are not fit for purpose. The Community Hub aims to address these needs through the provision of new facilities in a centralised location including: 1. Child Care Centre – 72 place child care including after-school care (est. cost $3.9 million, funding for this has been identified and is being progressed) 2. Neighbourhood Centre – new facilities for Karingal Neighbourhood Centre including meeting rooms, not-for-profit service areas, toy library, op shop, consultant and health service rooms (est. cost $2.7 million, this facility is the subject of this report) 3. Multi-purpose Sports Facility – indoor basketball/netball courts, function centre, squash courts, administration, meeting rooms, change rooms, spectator viewing areas (est. cost $7.2 million) 4. Sporting Clubhouse – indoor/outdoor spectator areas, function room, kitchen, bar, change rooms, umpire/first aid facilities (est. cost $1.2 million) 5. Shared pool and oval sports facilities – change rooms, storage facilities (est. cost $1.67 million) 6. Upgraded external areas including shade, carparking etc (est cost $3.4 million) The total cost of the new facilities has been estimated (by quantity survey) at around $21 million, however this does not include certain headworks such as power upgrades or contingencies. The Hub concept design and estimated costs was endorsed by Council at the Ordinary Meeting held on 21 November 2012. Following this an Expression of Interest was submitted to PDC seeking funding of $9.5 million toward the development of the Hub in its entirety. Feedback from PDC in relation to the EOI has indicated that this level of funding is not currently available, and the smaller funding round that may be approved would be expected to address more than one project/application (ie it is highly unlikely that it would applied in entirety to the Paraburdoo Community Hub). Comment Based on advice from PDC, and the likelihood that the next funding round available from Royalties for Regions will be less than $10 million, it is considered appropriate to prepare and submit a new EOI for one component of the Hub. The Neighbourhood Centre, with a construction cost of approximately $3.5 - $4 million (including headworks, external works and detailed design) best addresses the objectives of Royalties for Regions funding: “improving economic and social infrastructure and services in the Pilbara through funding projects that will assist in attracting investment, increase jobs or assist in improving the quality of life in the region.” Karingal Neighbourhood Centre currently operates out of a house and small hall provided by Rio Tinto, but the facilities are cramped and not fit for purpose. The Centre provides a number of services and facilities including Centrelink, playgroup, Op Shop, toy library, and health/services consultant rooms however the uses often conflict with each other (eg remedial therapy or counselling in a room next to playgroup), the facilities are not appropriate and services are restricted due to lack of space.

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New, fit-for-purpose facilities including appropriate counselling rooms, playgroup and parent support areas, offices, etc will enable the provision of much-needed services such as mental health support, counselling, visiting para-health and family support specialists, legal and financial support, and other similar services not currently available. New children-oriented recreation areas will ensure that the facilities meet current building, health and safety requirements. The location in the centre of town is also considered more appropriate for these services (the current facility is on the outskirts of Paraburdoo). ATTACHMENT 12.3 The Community Hub has been designed in such a way that the facilities are independent of each other and can be constructed in stages. The Neighbourhood Centre addresses the most immediate health, services and not-for-profit needs of the community and is therefore considered the first priority, and most likely to achieve funding in the next R4R round if it is released. It is the Shire’s intention to continue to explore and identify funding sources for the other components of the Hub, including future Royalties for Regions rounds, Lotterywest, Department of Sport and Recreation and industry partners. This will allow the staged construction of the Hub to progress as appropriate funding is secured for each facility. It should be noted that the EOI process is an opportunity for PDC to review potential projects and advise of their suitability for future funding rounds, it is not an application for funding. Should the next funding round be confirmed, and the EOI for the Neighbourhood Centre be approved by PDC, a formal funding application will then be prepared, endorsed by Council and submitted. Consultation A/Chief Executive Officer Executive Manager – Strategic & Economic Development Executive Manager – Community Development Pilbara Development Commission (PDC) Statutory Environment None Identified. Financial Implications The Paraburdoo Community Hub has been identified in the Long Term Financial Plan for construction between 2013 – 2015 subject to funding. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities Objective 02 – Active People, Clubs and Associations Goal 02 – Enduring Partnerships Objective 02 – Enduring Partnerships with Industry and Government Goal 04 – Distinctive and Well Serviced Places Objective 01 – Quality Public Infrastructure Objective 03 – Well Planned Towns

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Policy Implications AMP1 – Asset Management Policy This will be taken into consideration during the formal application process should the funding round be confirmed and EOI approved. Voting Requirement Simple Majority Required

Council Decision MOVED: That Council: 1. Approves the preparation and submission of an Expression of Interest and supporting documentation to Pilbara Development Commission to fund construction of the Paraburdoo Neighbourhood Centre as part of the Paraburdoo Community Hub. CARRIED 1/0 Commissioner R Yuryevich

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12.4

PROPOSAL TO CHANGE PURPOSE OF RESERVE 39339 ONSLOW TO 'COMMUNICATIONS SITE'

MINUTE: 11551 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: RE.SE.R.36933 Zoe Mcgowan Project Officer Not Applicable

14 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in this matter.

Not Applicable

Summary Reserve 39339, located on Watson Avenue, Onslow, is currently vested in the Shire of Ashburton and reserved as a “Radio Transmitter Site”. Council support is sought to change the purpose of the Reserve to “Communications Site”

Background Reserve 39339 is located at lot 696 Watson Avenue, Onslow WA 6710, and has an area of 1796m2. Currently this reserve houses Onslow’s self-help retransmission tower and an air conditioned hut for equipment storage. The tower and its associated equipment provide the Onslow community with radio services such as JJJ, Gumula, 666 Hot FM and Gospel Radio, and television channels such as GWN and WIN. These services have been provided by Council to the local residents for a number of years. Comment Reserve 39339 is currently vested in the Shire of Ashburton and is reserved as a “Radio Transmitter Site”. It currently serves as a retransmission site for analogue radio and digital television services to the Onslow Township. To ensure that the future needs of the community are met, it has been identified that reserve 39339, is situated in an attractive location for any further communication requirements, due to it elevation above sea level and its existing power supply.

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The proposed change of purpose has been forwarded to the Department of Regional Development and Lands for their support and they have approved the change, on the condition that the current management order is revoked and a new order issued for the purpose of “Communications Site”. Council’s endorsement of the proposed change is required, to support the Department of Regional Development and Lands to formalise the new management order and lodge the change with Landgate. Consultation Department of Regional Development and Lands (RDL) Executive Manager - Strategic & Economic Development Economic & Land Development Manager Statutory Environment Radio Communications Act 1992 Tele Communications Act 1997 Broadcasting Services Act 1992 Financial Implications Nil Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications Nil Voting Requirement Simple Majority Required

Council Decision MOVED: Commissioner R Yuryevich

That Council agrees with changing the purpose of Shire Reserve 39339 from "Radio Transmitter site" to “Communications site” and endorses the Department of Regional Development and Lands issuing a new management order to the Shire. CARRIED 1/0

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13.
13.1

TECHNICAL SERVICES REPORTS
REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FOR THE PURPOSE OF WATER PIPELINE ALONG THE BOUNDARIES OF LOTS 105 (RESERVE 38264) AND 303 (RESERVE 19291), ONSLOW ROAD, ONSLOW

MINUTE: 11552 FILE REFERENCE: RE.OA.R.38264 RE.AR.R.19291 Rob Paull Principal Town Planner Water Corporation

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT:

DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

24 May 2013 The author has no financial interest in this matter.

Agenda Item 13.6 (Minute 11440) Ordinary Meeting of Council 15 February 2013

Summary At the Ordinary meeting of 15 February 2013, Council was advised that WaterCorp is upgrading the water supply for Onslow. At that stage the routes of a proposed pipeline in/out of the new Onslow tank were to be in the service corridor of the new Onslow town access road with a new route being investigated through Reserve 38264 (Lot 85), which is vested in the Shire of Ashburton for equestrian purposes. This required an easement be created for the pipeline and Council offered no objection. Since WaterCorp’s original request, their design consultants have reviewed the route and are now proposing an alignment along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291). The reasoning provided is that the pipeline will be clear of the new access road and be in a more direct route to existing mains in Onslow Road. Due to the development expansion of Onslow to be undertaken by LandCorp, the views of LandCorp on the request were sought and no objection is offered to WaterCorp’s revised access. Accordingly, it is recommended that Council offer no objection to the request for the proposed amended pipeline route along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291) provided WaterCorp is responsible for all costs associated with the establishment of the easement.

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Background At the Ordinary meeting of 15 February 2013, Council was advised that WaterCorp is upgrading the water supply for Onslow. At that stage the routes of a proposed pipeline in/out of the new Onslow tank were to be in the service corridor of the new Onslow town access road with a new route being investigated through Reserve 38264 (Lot 85), which is vested in the Shire of Ashburton for equestrian purposes. This required an easement be created for the pipeline and Council offered no objection: “That Council: 1. Advise WaterCorp that with respect to its request to establish an easement for a water pipeline through Reserve 38264 (Lot 85 and vested in the Shire of Ashburton for equestrian purposes) generally as shown in ATTACHMENT 13.6, Council has no objection provided WaterCorp: a) provides accurate plans clarifying that the proposed pipeline does not impact the future alignment of the new Onslow Road; and b) is responsible for all costs associated with the establishment of the easement.” Proposal Since WaterCorp’s original request, their design consultants have reviewed the route and are now proposing an alignment along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291).

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A complete Plan is included as ATTACHMENT 13.1 Comment Lots 105 (Reserve 38264) is vested in Council for ‘Equestrian Purposes’ while Lot 303 (Reserve 19291) is vested in Council for the purposes of ‘Common’.

Approximate pipeline route

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The reasoning provided is that the pipeline will be clear of the new access road and be in a more direct route to existing mains in Onslow Road. By Email dated 22 May 2013, WaterCorp’s Project Manager advised: “The Water Corporation’s preferred option of an easement is along the boundary of Lots 105 and 303, as shown on the attached drawing titled “Proposed Tank site and DN375 PVC Pipe Route”, because of the following: • • • • • This is a definite location along existing boundaries making it easier to identify. Development design in this area is still being worked any may change anyway. Water Corp planning designated this location and design is well progressed on this scenario. Surveys carried out as part of external approvals were based on this location. It has also been included in the current Preliminaries to Works Proposal. Ben Graham from LandCorp has advised, (in his email below), that although this is not his preferred location, he will support it. Historically, this was the original location of the pipework. The alignment was changed to run south/west, parallel to the new access road, through lot 85 and cross Onslow Rd near the cemetery. This proposed easement was approved by the Shire Council on 25/2/2013 (letter attached).

Since this time however, it was realised that the design for the access road had not started and delivery date was unknown. Also the impact of a new intersection and the proposed airport subdivision was unknown. The decision was then made to revert to the original location, along lots 105/303 as the quickest option so as to limit delays on the water supply upgrade works. Therefore, I now seek Council preliminary approval for a 20m wide easement along the boundaries of lots 105 and 303, as shown on the attached drawing.” Due to the development expansion of Onslow to be undertaken by LandCorp, the views of LandCorp were sought and no objection is offered to WaterCorp’s revised access along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291). It is recommended that Council offer no objection to the request for the pipeline route along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291) (ATTACHMENT 13.1) provided WaterCorp is responsible for all costs associated with the establishment of the easement. Consultation A/Chief Executive Officer A/ Executive Manager - Technical Services Project Manager LandCorp Statutory Environment Planning and Development Act; and Land Administration Act 1995 Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns

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Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required Council Decision MOVED: That Council: 1. Advise WaterCorp that with respect to its request to establish an easement for a water pipeline along the boundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291) generally as shown in ATTACHMENT 13.1 Council has no objection provided WaterCorp is responsible for all costs associated with the establishment of the easement. CARRIED 1/0 Commissioner R Yuryevich

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13.2

REQUEST FROM BHP BILLITON PETROLEUM PTY TO ALLOW THE MACEDON DOM GAS TRANSIENT CONSTRUCTION WORKFORCE ACCOMMODATION CAMP TO REMAIN FOR A NON BHPB CAMP OPERATOR

MINUTE: 11553 FILE REFERENCE: RD.OG.2.7 20101070 (P) 20120411 (P) Rob Paull Principal Town Planner BHP Billiton Petroleum Pty Ltd

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

24 May 2013 The author has no financial interest in this matter.

Agenda Item 9.08.01 Special Meeting of Council 4 August 2010

Summary Planning Approval for construction of BHP Billiton Petroleum’s Macedon gas treatment and compression plant along with associated transient workforce accommodation and private road (Shire Ref: 20101070) was issued by the Shire under delegated authority on 10 November 2010. The Approval provided for a temporary construction camp to accommodate the workforce (of up to 300 persons) during the construction period. Conditions associated with the Planning Approval involved linking the transient workforce accommodation to the Macedon development by written Agreement as follows: “The transient workforce accommodation shall be used only for the accommodation of construction staff. Maintenance staff will also be permitted but only for a 2 week period (after 12 months of operation) when the plant is closed down for maintenance activity. The transient workforce accommodation will be a temporary camp facility and remain in-situ for a total period 4 years or other as agreed to by the Chief executive Officer. All operational staff shall reside in Onslow.” On 16 February 2013, an additional 64 room transient workforce accommodation for the Macedon development was approved under delegation. It is understood that construction of the Macedon gas treatment and compression plant is nearing completion. This Planning Approval was linked to the removal of accommodation under Planning Approval 20101070.

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BHP Billiton Petroleum has now requested that the transient workforce accommodation camp to remain for a further four years or as otherwise agreed between the Chief Executive Officer and any new camp operator. The request does not specify the future ‘camp operator’. In addition, BHP Billiton Petroleum has requested “….. confirmation from the Shire of Ashburton that BHPBP will be released from the planning approval conditions upon the transfer or surrender of the accommodation camp to the extent that the planning approval conditions relate to the accommodation camp”. Approval of the transient workforce accommodation has been for the construction of the Macedon development, as was reflected in the original Application. The purpose of the time limitations placed on BHP Billiton Petroleum’s transient workforce accommodation camp was to ensure that it was ‘temporary’ and solely linked to development of the Macedon facility. For an independent accommodation facility to be established within proximity of an operating domestic gas plant such as Macedon, Council and the community would need to be given categorical assurances from the operator and the State of Western Australia that the safety of occupants could be established and maintained. In addition, the request of BHP Billiton Petroleum to essentially remove responsibility for the camp and “…be released from the planning approval conditions upon the transfer or surrender of the accommodation camp to the extent that the planning approval conditions relate to the accommodation camp” is not possible under the provisions of the Scheme. Accordingly, it not considered appropriate or available to Council to agree to BHP Billiton Petroleum’s request to allow the transient workforce accommodation camp to remain for a further four years under new camp operator under the existing Planning Approvals. However, it would be possible for BHP Billiton Petroleum to move the accommodation units to Chevron’s or LandCorp’s transient workforce accommodation sites within the ANSIA.

Background Council at the 4 August 2010 Special Meeting considered two applications for Planning Approval involving construction of the Macedon gas treatment and compression plant along with associated transient workforce accommodation and private road (Shire Ref: 20101070). Council resolved not to oppose the issue of Planning Approval for the above applications subject to conditions as addressed in the Shire report. Council was unable to determine the applications until the Minister for Environment had considered the Environmental Protection Statement level of assessment (and resolved any objections) on the proposal by BHP Billiton Petroleum Pty Ltd for the Macedon Gas Development. Council authorised the Chief Executive Officer to determine the Application once the Minister for Environment’s decision provided the opportunity to consider the matter. A copy of the Minutes from Special Meeting of Council 4 August 2010 is included as ATTACHMENT 13.2A

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Planning Approval for construction of BHP Billiton Petroleum’s Macedon gas treatment and compression plant along with associated transient workforce accommodation and private road (Shire Ref: 20101070) was issued by the Shire under delegated authority on 10 November 2010. The Approval provided for a temporary construction camp to accommodate the workforce (of up to 300 persons) during the construction period. Conditions associated with the Planning Approval involved linking the transient workforce accommodation to the Macedon development by written Agreement as follows: “The transient workforce accommodation shall be used only for the accommodation of construction staff. Maintenance staff will also be permitted but only for a 2 week period (after 12 months of operation) when the plant is closed down for maintenance activity. The transient workforce accommodation will be a temporary camp facility and remain in-situ for a total period 4 years or other as agreed to by the Chief executive Officer. All operational staff shall reside in Onslow.” ATTACHMENT 13.2B Since the issue of Planning Approval 20101070, the Ashburton North Strategic Industrial Area Special Control Area has been introduced into the Shire of Ashburton Local Planning Scheme (‘Scheme’) which includes the following planning requirement: Transient workforce accommodation associated with any use or development within the ANSIA will not be permitted other than as provided for in the ANSIA Structure Plan. (Source: Appendix 11; Planning Requirements). The ANSIA Structure Plan only provides for transient workforce accommodation at Chevron’s or LandCorp’s temporary transient workforce accommodation sites within the ANSIA. In addition, Council has adopted Amendment No. 17 to the Scheme that rezones the Macedon site and camp ‘Strategic Industry’ zone and which prohibits transient workforce accommodation camps (which is still to be Gazetted). On 16 February 2013, an additional 64 room transient workforce accommodation for the Macedon development was approved under delegation. The Approval merely added to the number of units but did not expand the site under Planning Approval 20101070. It is understood that construction of the Macedon gas treatment and compression plant is nearing completion. This Planning Approval was linked to the removal of accommodation under Planning Approval 20101070. Proposal BHP Billiton Petroleum has now requested that the transient workforce accommodation camp to remain for a further four years or as otherwise agreed between the Chief Executive Officer and any new camp operator. The request does not specify the future ‘camp operator’. In addition, BHP Billiton Petroleum has requested “….. confirmation from the Shire of Ashburton that BHPBP will be released from the planning approval conditions upon the transfer or surrender of the accommodation camp to the extent that the planning approval conditions relate to the accommodation camp”. ATTACHMENT 13.2C

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Comment Approval of the transient workforce accommodation has been for the construction of the Macedon development and which reflected the purpose as provided for in the original Application. It is clear that the linkage of the camp and the development of Macedon was a significant component of the original application. From the Report to Council for the Special Meeting, the following comment was provided by Shire Administration: “It intended that any Planning Approval have arrangements that would minimise impacts on the town through BHP Billiton limiting access to workers during the construction period. However, as defined in the application, it is intended that should approval be issued that a condition be placed for a limitation on the number of workers and for this to be limited to construction and ‘shut down’ workers only. BHP Billiton operational staff will be required to be housed in Onslow.” The purpose of the time limitations placed on BHP Billiton Petroleum’s transient workforce accommodation camp was to ensure that it was ‘temporary’ and solely linked to development of the Macedon facility. For an independent accommodation facility to be established within proximity of an operating domestic gas plant such as Macedon, Council and the community would need to be given categorical assurances from the operator and the State of Western Australia that the safety of occupants could be established and maintained. It is unlikely that Council has the opportunity to modify the condition as sought, given the Application clearly linked the camp with the development of Macedon. Clause 5.13 of the Scheme states: The Local Government may, on written application form the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval prior to the commencement of the use or development subject of the planning approval. (Shire’s underlining) However, the Scheme does allow some opportunity to modify a condition but only where the owner has made the request (not the Applicant): Clause 5.12 of the Scheme states: “Upon written application being made by an owner of land the Local Government may vary any condition imposed on a planning approval or may extend the time for compliance of any condition so imposed.” In this regard, the ‘owner’ is the State of Western Australia. The request of BHP Billiton Petroleum to essentially remove responsibility for the camp and “…be released from the planning approval conditions upon the transfer or surrender of the accommodation camp to the extent that the planning approval conditions relate to the accommodation camp” is not possible under the provisions of the Scheme. Accordingly, it not considered appropriate or available to Council to agree to BHP Billiton Petroleum’s request to allow the transient workforce accommodation camp to remain for a further four years under new camp operator under the existing Planning Approvals. However, it would be possible for BHP Billiton Petroleum to move the accommodation units to Chevron’s or LandCorp’s transient workforce accommodation sites within the ANSIA under a separate planning consideration.

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Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Planning and Development Act Shire of Ashburton Local Planning Scheme No. 7 Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required NOTE: ATTACHMENT 13.2D an email from the BHP Billiton on this matter was tabled at the meeting. Council Decision MOVED: Commissioner R Yuryevich

That Council withdraw item ’13.2 Request from BHP Billiton Petroleum Pty to allow the Macedon Dom Gas Transient Construction Workforce Accommodation Camp to remain for a non BHPB Camp Operator’ and refer the item to be discussed at a future Ordinary Meeting of Council subject to a meeting with BHP Billiton Petroleum Pty. CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: It would be appropriate for this matter to be discussed with associated parties before Council determines the matter.

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13.3

WATERCORP PROPOSAL - GROUND LEVEL TANK, PUMPING STATION, INLET AND OUTLET SUPPLY MAINS AND RETICULATION CROSS CONNECTIONS AT ONSLOW

MINUTE: 11554 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: UT.WA.00.00 Rob Paull Principal Town Planner Water Corporation

24 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in this matter.

Not Applicable

Summary WaterCorp has given public notification of its proposal to upgrade the water supply at Onslow by constructing a ground level water storage tank of about 5000 m3, booster pump station at the proposed Onslow Tank site no. 4 along with numerous pipeline works. The details of the proposal are outlined in this Report. WaterCorp has sought clarification on the exemption status for the Water Corporation’s Onslow Tank project and pipeline corridors pursuant to the Shire’s Planning Scheme. The tank is to be located on Crown Reserve 47957 which is reserved under the Land Administration Act for the purposes of ‘Wastewater treatment, water treatment, buffer zone and water storage’, however the land is reserved for “Conservation and Recreation” under the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’). The Scheme does provide certain exemptions which appear to apply to this matter. However, a portion of the proposed pipeline corridor will pass through ‘zoned’ land where there does not appear to be a specific exemption under the Scheme. Importantly, Water Corporation is not considered an exempt body under the Public Works Act. It is recommended that Council: 1. Thank WaterCorp for its notice of proposed works and advise that no objection is offered; Advise that although the proposed tank to be located on Crown Reserve 47957 is considered to be exempt in the Cl 5.3.1 of the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’), planning approval will be required for the proposed pipeline corridor where is passes through zoned land as there does not appear to be a specific exemption under the Scheme or Act.

2.

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Proposal WaterCorp has given public notification of its proposal to upgrade the water supply at Onslow by constructing: • • • • • • • • a ground level water storage tank of about 5000 cubic metres capacity, 27 metres in diameter and 11 metres high at the proposed Onslow Tank site no. 4; a booster pump station at the proposed Onslow Tank site no. 4; an overflow sump with a capacity of about 540 cubic metres; 200mm nominal diameter inlet and outlet pipelines, each about 183 metres from Onslow Road to proposed Onslow Tank site no. 4, including all fittings and connections; 375mm nominal diameter outlet pipeline, about 1600 metres from the proposed Onslow Tank site no. 4 to a tie-in at Watson Drive, including al l fittings and connections; 100mm nominal diameter cross-connection at First Street and Third Avenue; 150mm nominal diameter cross-connection at Onslow Road and Beadon Creek Road; and 200mm nominal diameter cross connection at Simpson Street and Clarke Place. ATTACHMENT 13.3 WaterCorp advise: “These works will provide a boosted reticulation system from the new Onslow Tank site no A, and enable the existing tank sites no. 1, no. 2 and no.3 to be removed from service. It will also improve water pressure in the town. The proposed location of the works is within the existing Water Corporation site (Lot 185), road reserves of Onslow Road, Macedon Road, First Street, Third Avenue, Beadon Creek Road, Simpson Street and Clarke Place, and new easements to be sought through Lots 105 and 303. The proposed pipe line routes were selected after consultation with the Shire of Ashburton and LandCorp and take into account alignment of a proposed road into Onslow. Should this alignment change, any impact on the proposed pipeline route will be considered and alterations made if required. A further Notice of Proposal amendment will be issued if the change in alignment is significant. Subject to obtaining all the necessary approvals, the proposed works are scheduled to commence in early 2014 and will continue for about 6 months. Construction of the proposed pipelines will generally be by open-cut excavation, which will be backfilled and restored.” WaterCorp has sought clarification on the exemption status for the Corporation’s Onslow Tank project and pipeline corridors, pursuant to the Shires Planning Scheme. Comment The proposed works will assist in improving the water supply needs for Onslow. In this regard, no objection is offered to the WaterCorp upgrades. In relation to the proposed tank, Water Corp advise that it is to be located on Crown Reserve 47957 which is reserved under the Land Administration Act for the purposes of ‘Wastewater treatment, water treatment, buffer zone and water storage’, however the land is reserved for “Conservation and Recreation” under the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’).

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The Scheme does provide certain exemptions as follows: Clause 5.3.1 of the Scheme sates: “The planning approval of Local Government is not required for the following use of land: The development of land in a reserve, where such land is held by the Local Government or a public authority, for the purpose for which the land: (i) (ii) is reserved under the Scheme, or may be lawfully developed by the Local Government or public authority.”

(Shire Administration underlining) The Scheme appears to provide an exemption from planning approval for the tank based on the above Scheme provision.

WaterCorp advise that a portion of proposed pipeline corridor will pass through zoned land where no specific exemption under the Scheme would apply. Importantly, Water Corporation is not considered an exempt body under the Public Works Act. However, a portion of the proposed pipeline corridor will pass through ‘zoned’ land there does not appear to be a specific exemption under the Scheme. Importantly, Water Corporation is not considered an exempt body under the Public Works Act hence a ‘Section 6’ exemption under the Planning and Development Act currently does not apply. However Water Corp will be exempt from planning approvals across the State when the new Water Services Act (2012) is gazetted (expected to be on 1 July 2013). Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Planning and Development Act Public Works Act Shire of Ashburton Local Planning Scheme No. 7

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Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required

Council Decision MOVED: That Council: 1. Thank WaterCorp for its notice of proposed works and advise that no objection is offered; Advise that although the proposed tank to be located on Crown Reserve 47957 is considered to be exempt in the Cl 5.3.1 of the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’), planning approval will be required for the proposed pipeline corridor where is passes through zoned land as there does not appear to be a specific exemption under the Scheme or Act. Cr SECONDED: Cr

2.

CARRIED 1/0

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13.4

PROPOSED PURCHASE OF UNALLOCATED CROWN LAND FOR HELICOPTER OPERATION WITHIN TOM PRICE TOWNSITE - SHIRE OF ASHBURTON

MINUTE: 11555 FILE REFERENCE: RD.MI.00.00 Rec 1319197 Rob Paull Principal Town Planner State Land Services

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

24 May 2013 The author has no financial interest in this matter.

Not Applicable

Summary State Land Services is seeking the views of the Shire in relation to a request to purchase land within the Tom Price townsite that is currently ‘Unallocated Crown Land’, for the purpose of helicopter operations. Specifically, the land is a portion of a closed road abutting the Tom Price Tourist Park and Nameless Valley Road. The site referred by State Land Services is zoned ‘Rural’ and it is likely that a helicopter service is either an ‘A’ use (which provides local government discretion for such use, subject to community consultation) or a use that is not listed. If it is the latter, Council would need to determine whether the use and development is consistent with the purpose and objectives of the Rural zone. From the limited information provided, it is not considered appropriate to have an undefined helicopter use within 500m of the operation of the Tom Price Tourist Park. The land also forms part of the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway and it is likely that access will be removed should the land be sold. The site is also in close proximity to the Town’s effluent ponds which may cause some issue to helicopter operations from water birds that frequent the ponds. It is clear that from the limited information provided to the Shire on the proposed helicopter operations will negatively impact the Shire and community. Accordingly, it is recommended that Council advise State Lands Services that it opposes the proposed sale of unallocated Crown Land within the Tom Price townsite for helicopter operations due to the likely negative impact on residential and tourist amenity along with the impacts on the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway and perhaps the ongoing location of the Town’s effluent ponds.

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Proposal State Land Services is seeking the views of the Shire in relation to a request to purchase land within the Tom Price Townsite that is currently ‘Unallocated Crown Land’, for the purpose of helicopter operations. Specifically, the land is a portion of a closed road abutting the Tom Price Tourist Park and Nameless Valley Road.

The information provided by State Lands is not extensive in its description of the proposal, however they advise: “State Land Services has received a request from JBA Surveys, on behalf of a client, regarding the above. The client wishes to purchase in freehold the whole of unallocated Crown land being closed road adjacent to Reserve 38762, Nameless Valley Drive, within the Tom Price townsite, as shown on the enclosed Smartplan. The subject land is proposed to be utilised for a helicopter business which will include a helicopter hangar, landing pad and associated infrastructure to support the tourism and mining industries.” ATTACHMENT 13.4

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Comment The site referred by State Land Services is zoned ‘Rural’ and it is likely that a helicopter service is either an ‘A’ use (which provides local government discretion for such use, subject to community consultation) or a use that is not listed. If it is the latter, Council would need to determine whether the use and development is consistent with the purpose and objectives of the Rural zone. It should be noted that in 2012, Council dealt with a proposal for a helicopter service on reserved land Go Cart track on the Tom Price-Onslow Road (Lot 58, Reserve 40965). The Application was eventually withdrawn but during community consultation, the Shire received two objections in the form of a joint letter signed by over 130 persons and one from RTIO generally on grounds of impaired amenity due to the operation of the service. From the limited information provided, it is not considered appropriate to have an undefined helicopter use within 500m of the operation of the Tom Price Tourist Park. The land also forms part of the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway and it is likely that access will be removed should the land be sold. The site is also in close proximity to the Town’s effluent ponds which may cause some issue to helicopter operations from water birds that frequent the ponds. It is clear that from the limited information provided to the Shire on the proposed helicopter operations will negatively impact the Shire and community. Accordingly, it is recommended that Council advise State Lands Services that it opposes the proposed sale of unallocated Crown Land within the Tom Price Townsite for helicopter operations due to the likely negative impact on residential and tourist amenity along with the impacts on the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway and perhaps the ongoing location of the Town’s effluent ponds. It is also considered appropriate that Council request the Acting Chief Executive Officer to provide a further Report to Council on matters associated with consolidating Unallocated Crown Land with land associated with the Mt Nameless Walking Track, BMX Track and Speedway for recreation purposes. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Planning and Development Act Land Administration Act Shire of Ashburton Local Planning Scheme No. 7 Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue.

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Voting Requirement Simple Majority Required Council Decision MOVED: That Council: 1. Advise State Lands Services that it opposes the proposed sale of Unallocated Crown Land within the Tom Price Townsite for helicopter operations due to the likely negative impact on residential and tourist amenity from the operations, along with the impacts on the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway and perhaps the ongoing location of the Town’s effluent ponds. Request the Acting Chief Executive Officer to provide a further Report to Council on matters associated with consolidating Unallocated Crown Land with land associated with the Mt Nameless Walking Track, BMX Track and Speedway for recreation purposes. Provide a copy of the Council resolution to State Lands Services and the Department of State Development. Cr SECONDED: Cr

2.

3.

4.

Request State Lands Services and the Department of State Development to advise the Shire Administration of the details of the proponent so they can contact so this matter can be further discussed.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: It would be appropriate to if this opportunity can be further developed.

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13.5

PROPOSAL FOR FOURTH ACCOMMODATION VESSEL AT LOTS 15 & 16, BEADON CREEK BOAT HARBOUR, ONSLOW FOR JETWAVE MARINE SERVICES (JETWAVE)

MINUTE: 11557 FILE REFERENCE: RE.BD.R.30711 Rec 1319100RE.BD.R.30711 Rob Paull Principal Town Planner Department of Transport

AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN:

24 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in this matter.

Agenda Item 13.10 (Minute: 11557), Ordinary Meeting of Council 23 January 2013 Agenda Item 13.10 (Minute: 11327), Ordinary Meeting of Council 20 October 2012

Summary The Department of Transport has sought the views of the Shire with respect to a fourth accommodation vessel at Beadon Creek with a maximum of 20 passengers. Council at the Ordinary meeting of 23 January 2013 resolved not to adopt draft 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ on the basis that: “i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek and waters off Onslow rests with the Department of Transport. ii. The only role Council has in relation to the mooring of ‘boatels’ is when the Department of Transport seeks the views of the Council on individual mooring applications. iii. Should the Department of Transport seek the views of Council in relation to moorings that these should be dealt with on an individual basis without need for a general policy position.”

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It is noted that the proponent for the ‘fourth’ boatel has advised that the reason the floating hotel is required for the Wheatstone project. It is unclear as to what period of time for this boatel has been sought or why Chevron/Bechtel requires the boatels. Although the Department suggest that it would “….would envisage approving the Jetwave Pearl for a period until December 2014, which would be in line with the Eco Abrolhos accommodation vessel approvals”, this is not reflected in the proponents submission. In addition, given the lack of strategic direction provided by the Department for the mooring of ‘boatels’ in Beadon Creek, it is respectfully suggested that Council can take little comfort from this advice. Accordingly, it is recommended that Council not support any additional ‘boatel’s in Beadon Creek or in the waters immediately off Onslow and advise the Department of Transport of this view. The concern of the Shire Administration is that the Port expansion intent of the Department fails to acknowledge existing development within very close proximity of the Port.

Background Control of the waters of Beadon Creek and directly off Onslow is the direct responsibility of the Department of Transport (DoT). In the recent past, the DoT has only once sought the views of the Shire to the mooring a ‘boatel’. A ‘boatel’ is a boat or ship based accommodation. Specifically for the Shire of Ashburton, the issue currently relates to mooring of ‘boatels’ at Beadon Creek or directly off the Onslow townsite. The Shire is aware that currently three (3) ‘boatel’s’ are moored at Beadon Creek and at times have been anchored directly off the Onslow coast to serve as accommodation for the development of the Macedon domestic gas plant and Wheatstone gas project. In the single instance when the DoT sought comment on the mooring of a 30 bed ‘boatel’ for a two (2) year period from the Shire from the Shire, it was not opposed, but since then one other ‘boatel’ has been moored without any reference to the Shire. The 3rd ‘boatel’ was considered by Council at the Ordinary meeting of 20 November 2012 where it responded to a request from Eco Abrolhos Accommodation Pty Ltd to ‘approve’ the rd 3 ‘boatel’ moored at Beadon Creek. Eco Abrolhos Accommodation Pty Ltd did not suggest a timeframe for the mooring. Although there is no ‘head of power’ for Council to ‘approve or refuse’ the boatel, Council did provide an opinion in relation to its application to the DoT whereby a maximum period of six (6) months was considered appropriate. Shire Administration has not been advised by the Department of Transport as to whether Council’s views were taken into account or not. Council also resolved that as part of an overall review of the draft Local Planning Policy (LPP), this period could be extended should Council resolve a longer period of time for ‘boatels’ is considered acceptable. Discussions with the DoT in November 2012 revealed that they had been informally requested to allow an unlimited number of ‘boatel’s in Beadon Creek and directly associated with the resource industry for up to 5 years.

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At the Ordinary Council meeting of 20 October 2012, Council resolved to advertise draft LPP for 21 days in accordance with the Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’). The draft LPP sought to facilitate the direction of Council when commenting on the short and long term mooring of sea and Creek based accommodation within the Onslow environs. In particular, it establishes a Council position on proposals for ‘boatel’s’ to be moored at Beadon Creek Road, Onslow. A ‘boatel’ essentially represents floating accommodation that in the case of the Shire of Ashburton, specifically relates to moorings at Beadon Creek or directly off Onslow. Council at the Ordinary meeting of 23 January 2013 resolved not to adopt draft 'Local Planning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ on the basis that: “i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek and waters off Onslow rests with the Department of Transport. The only role Council has in relation to the mooring of ‘boatels’ is when the Department of Transport seeks the views of the Council on individual mooring applications.

ii.

iii. Should the Department of Transport seek the views of Council in relation to moorings that these should be dealt with on an individual basis without need for a general policy position.” Proposal The Department of Transport has sought the views of the Shire with respect to a fourth accommodation vessel the "Jetwave Pearl” (with a maximum of 20 passengers) at Beadon Creek. The Department advises in part as follows: “DoT has allocated Lots 15 & 16 to Jetwave under the publicly advertised Expressions of Interest process (Attachment One). Jetwave has advised it plans to invest several millions of dollars developing the lots to establish a marine supply base. As you are aware, Jetwave is a local business that has been operating out of Exmouth for many years and more recently out of Onslow. Jetwave has requested permission to moor the Jetwave Pearl in front of its allocated lots, so that it can be used to house the initial construction team, then later as an accommodation vessel for the Wheatstone project, in accordance with Chevron's draft revised Workforce Management Plan. This would be the fourth accommodation vessel at Beadon Creek, with the Eco Abrolhos having already established three vessels. DoT has reviewed the proposal and the subsequent supporting documentation reflecting the management of health and safety, environment and the operational procedures to support the use of the accommodation vessel. DoT supports the Jetwave proposal based on Jetwave having the waterfront land and the large capital investment the local company is injecting into its development. At the 15 April meeting, Amanda O'Halloran indicated that the Shire may also be likely to support the proposal. DoT would envisage approving the Jetwave Pearl for a period until December 2014, which would be in line with the Eco Abrolhos accommodation vessel approvals.”

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{NOTE: The Executive Manger Strategic Development (Ms O’Halloran) advises that although she recalls the meeting with the Department on the 15th of April 2013, at no time did she provide any indication or comfort that “….the Shire may also be likely to support the proposal.”} ATTACHMENT 13.5 Comment In relation to Onslow and the opportunity for the community to benefit from the resultant impact of the Wheatstone project, the Shire Administration has been keen to promote ‘legacy’ developments that will enable services, accommodation and improved townscape amenity to materialise. The continued concern with ‘boatels’ is that it impedes the opportunity for ‘legacy’ development as they remove the incentive and opportunity for development on the townsite to occur. Hence, every bed provided by a ‘boatel’ for Chevron will remove the opportunity for a developer to finance his/her development. It is noted that the proponent for the ‘fourth’ boatel has advised that the reason the floating hotel is required for the Wheatstone project. It is unclear as to what period of time for this boatel has been sought or why Chevron/Bechtel requires the boatels. Although the Department suggest that it would “….would envisage approving the Jetwave Pearl for a period until December 2014, which would be in line with the Eco Abrolhos accommodation vessel approvals”, this is not reflected in the proponents submission. In addition, given the lack of strategic direction provided by the Department for the mooring of ‘boatels’ in Beadon Creek, it is respectfully suggested that Council can take little comfort from this advice. Accordingly, it is recommended that Council not support any additional ‘boatel’s in Beadon Creek or in the waters immediately off Onslow and advise the Department of Transport of this view. However, the request for Council’s view on the fourth ‘boatel’ raises some significant strategic matters associated with the strategic development the Beadon Creek port. The Department notes that “DoT has allocated Lots 15 & 16 to Jetwave under the publicly advertised Expressions of Interest process (Attachment One).” The ‘concept plan included as ATTACHMENT 13.5 represents one of many ‘concepts’ prepared by the Department for the development of Beadon Creak Port.

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The Beadon Creek Port is under the care and control of the Department of Transport. Historically, the Port has been a very low-key cargo entry for the pastoral sector as well as a recreation area for the Town of Onslow and in particular, its indigenous community. The Port immediately adjoins land designated under the Shire’s Local Planning Scheme as ‘Industry’ (to the south-west) and ‘Tourist’ (to the north-west). Importantly, land within the ‘Tourist’ zone has been developed for accommodation purposes since the early 1990’s (Lots 557 and 563). This land was originally a reserve for caravan park purposes and was sold by the State to the (then) occupier of the ‘Beadon Bay Caravan Park’ in (or around) 2009. The ‘Beadon Bay Caravan Park’ has since been sold to Discovery Parks Pty Ltd who develop high quality tourist and workforce accommodation sites throughout Australia. The significance of the ‘Beadon Bay Caravan Park’ and Discovery Parks Pty Ltd involvement has become a matter of strategic importance for the Shire and daresay, the State. Discovery Parks Pty Ltd is committed to ‘legacy’ developments resulting in redeveloping the site for transient workforce accommodation purposes. The need for additional accommodation for the Town of Onslow is of paramount importance as development of Chevron Australia’s Wheatstone LNG/domestic gas project at Ashburton North gets under way. Whilst Chevron proposes a construction village of up to 5000 beds at Ashburton North, the Shire understands that less than 1500 beds have been provided on the site. Chevron is not required by the State to build to this level of accommodation nor make it available to other users.

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However, the opportunity for the ‘Beadon Bay Caravan Park’ to be used and redeveloped to provide for the 1000 additional beds may be jeopardised by the intent of the Department of Transport to develop the Port. More particularly, the Department of Transport concept plan (along with all previous drafts) shows industrial use and development within 20 metres of existing accommodation at the ‘Beadon Bay Caravan Park’. Recent representations to the Shire from industrial and resource operators keen to develop facilities at the Port including an iron ore stockpile and a waste transfer station have all directly reflected a version of Department’s concept plan. In addition, the Department is dredging of the Port area as described on the concept plan and is intending to use the dredge spoil to establish the industrial sites shown on the plan. It is understood that no consultation with the community (or its neighbours) has been undertaken prior to dredging, nor has there been any community discussion with respect to the Department’s intended development of the Port as reflected in the concept plan. The Shire is not aware of any environmental assessment being carried out in relation to the dredging or placement of the spoil intended by the Department. What is also clear is that the concept plan/s has no consideration of responsible land use planning and transport access matters, nor does it address environmental matters associated with noise, smell, leachate into the Bay and flooding issues. Accordingly, it is recommended that Council write to the Minister for Transport, Director General of the Department of Transport and the Director General of the Department of State Development a copy of the Shire Administration Report to Council seeking a whole of Government approach to the planning and ultimate development of the Beadon Creek Port that reflects a transparent planning, environmental and community consultation process. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager – Strategic and Economic Development Statutory Environment Planning and Development Act Shire of Ashburton Local Planning Scheme No. 7 Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required

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Council Decision MOVED: That Council: 1. Note the correspondence from the Department of Transport seeking the views of the Shire with respect to a fourth accommodation vessel at Beadon Creek and other information as provided in ATTACHMENT 13.5. 2. Support one only additional ‘boatel’ in Beadon Creek or in the waters immediately off Onslow up to December 2014 and request the Acting Chief Executive Officer to advise the Department of Transport accordingly. 3. Write to the Minister for Transport and Director General of the Department of Transport seeking a whole of Government approach to the planning and ultimate development of the Beadon Creek Port that reflects a transparent planning, environmental and community consultation process; 4. Provide the Minister for Transport, Director General and the Director General of the Department of State Development of the Department of Transport a copy of the Shire Administration Report to Council. Cr SECONDED: Cr

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: There is a Critical shortage of Accommodation in Onslow.

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13.6

CORRESPONDENCE CONFIRMING PUBLIC ACCESS ROUTE FOR SECRET CREEK, ONSLOW

MINUTE: 11556 FILE REFERENCE: PS.TP.7.10 Rec No. 1310301 Rob Paull Principal Town Planner

AUTHOR’S NAME AND POSITION:

NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

Department of State Development (DSD)

6 November 2012 The author has no financial interest in the proposal.

Agenda Item 13.4, Minute No. 11491 Ordinary Meeting of Council 10 April 2013 Agenda Item 13.1, Minute No. 11356 Ordinary Meeting of Council 21 November 2012 Agenda Item 13.4, Minute No. 11286 Ordinary Meeting of Council 19 September 2012 Agenda Item 13.6, Minute No. 11227 Ordinary Meeting of Council 20 June 2012 Agenda Item 16.1, Minute No. 11164 Ordinary Meeting of Council 18 April 2012

Summary Council at the Ordinary Meeting of 10 April 2013 resolved to ‘temporarily close public access to Hooley Creek. However, Council resolved at the 21 November 2012 Ordinary Meeting to authorise the Chief Executive Officer to formally close access to Hooley Creek once the: a. Department of State Development accepts responsibility for any costs incurred by the Shire for the establishment of the public access route from the fenced boundary of Urala Station through to Secret Creek for community recreation and tourist purposes; and Public access route has been declared and available for public access pursuant to relevant provisions of the Land Administration Act 1997.

b.

Both actions have now been confirmed and given the resolution of April 2013, the Chief Executive Officer has requested the formal closure be referred back to Council for resolution.

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Background The community until recently has access to a coastal site near the mouth of Hooley Creek which was accessed by traversing existing tracks in the south eastern corner of Urala Station. The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’), Ashburton North Strategic Industrial Area Structure Plan (ANSIA Structure Plan) and Wheatstone Development Plan include provisions that require an equivalent access in lieu of the current informal access to Hooley Creek as follows: Scheme provision: “APPENDIX 11 ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA (ANSIA) 9. When considering a request to initiate rezoning of land within the ANSIA to “Strategic Industry” or other zone or reservation identified within the ANSIA Structure Plan, the local government shall only initiate an Amendment when it is satisfied that the proponent has prepared a structure plan dealing with the following matters: r) Should Hooley’s Creek be unavailable for the community to freely access, suitable alternative arrangements providing unlimited community access to the coast shall be determined;” ANSIA Structure Plan: “8 Alternatives to Hooley Creek Prior to the issue of any Planning Approval that, as a result such approval limits community access to Hooley Creek and/or approval of a Development Plan(s), the Department of State Development will provide evidence to the Shire that unlimited community access to the coast at a site similar to Hooley Creek has been established to the satisfaction of the Shire. Such evidence shall demonstrate consultation with the community regarding coastal access during the advertising of the ANSIA Structure Plan.” Wheatstone Development Plan: “10 Hooley Creek Prior to the approval of any development and/or any subdivision that, as a result such approval, limits community access to Hooleys Creek and/or approval of a development plan(s), the Department of State Development (DSD) will provide evidence to the Shire that unlimited community access to the coast at a site similar to Hooley Creek has been established to the satisfaction of the Shire. Such evidence shall demonstrate consultation with the community regarding coastal access during the advertising of the ANSIA Structure Plan.” At the Council meeting of February 2012, Council addressed the “Chevron Development Plan” where it also addressed the issue of alternate access to Hooley Creek. Council’s resolution in relation to Hooley Creek was as follows: “2. Request the Chief Executive Officer to: c) write to the Department of State Development seeking an update as to the progress of alternatives to Hooley Creek.”

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At the 18 April 2012 Council meeting, Council resolved as follows: “a) Thank DSD for its correspondence and efforts in pursuing an alternative to Hooley Creek. b) That Council is not in a position to comment on the suitability of the western banks of the Ashburton River and to Secret Creek as an alternative to Hooley Creek until DSD completes it community consultation with the broader Onslow community. c) Invites DSD to inform Council on the outcomes of the further community consultation.

d) Until the views of the community are established and (assuming the site location is confirmed) unfettered access is confirmed, the Shire is unable to determine whether the Scheme and Structure Plan provisions associate with an alternative to Hooley Creek has been complied. Until this is undertaken, it is not be possible for the Shire to accept closure of community access to Hooley Creek. e) That Council is not willing to accept any cost in relation to establishing an alternative to Hooley Creek. In this regard, it is considered that either the State or Chevron Australia should be responsible for any costs associated with achieving and developing unfettered access to the alternative site.” At the 20 June 2012 Council meeting, a response from DSD with respect to the above Council resolution was presented. Council, at the 20 June 2012 meeting, resolved as follows: “1) With respect to correspondence received from the Department of State Development (DSD) dated 30 May 2012 in relation to its efforts in determining an alternative to Hooley Creek, request the Chief Executive Officer to advise DSD as follows: a) Thank DSD for its correspondence and efforts in pursuing an alternative to Hooley Creek noting that through DSD’s consultation the community of Onslow has identified Secret Creek as an acceptable alternative to Hooley Creek. Advise DSD that in her role as a Councillor, the informal consultation undertaken by the Shire President with the local community, has revealed that Secret Creek is not considered by the Onslow community as an alternative to Hooley Creek, as the community has been provided the same informal access to Secret Creek as Hooley Creek for a number of years. The denial of access to Hooley Creek is a lost recreation asset for the community of Onslow. In order to further the development at the Ashburton North Strategic Industrial Area, that Council is willing to support DSD in its efforts to achieve unfettered access to Secret Creek and once this is achieved, Council will support the closure of vehicle access to Hooley Creek subject to the State and Chevron accepting all necessary establishment costs.

b)

c)

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After construction of the road and establishment of a 'road reserve', the Shire will accept responsibility for maintenance of the road. However, the consultation undertaken by the Shire President with the Onslow community reveals a strong desire to achieve a larger recreation area for the current and expanded Onslow community. In this regard, upon the review of Pastoral Leases in 2015, the Council is likely to seek to have the Uralla Pastoral Lease modified to ensure unfettered community access to Secret Creek and other coastal areas (potentially to Locker Point, depending upon consultation with the community). DSD is requested to assist the Council in its efforts to achieve such access for the community. d) Write to BHPB in relation to 1c) above requesting a meeting with relevant BHPB representatives, DSD, the Shire President and the Chief Executive Officer to further discuss community access to the coast. Remind DSD that Council is not willing to accept any cost in relation to establishing access to Secret Creek. That the Shire will make DSD’s correspondence of 30 May 2012 available on the Shire’s Website and will be published in the Onslow Times newspaper.

e)

f)

That the Chief Executive Officer provides BHPB, Chevron Australia and Dampier Port Authority with a copy of DSD’s correspondence of 30 May 2012 and Shire’s correspondence to DSD.” Council, at the 19 September 2012 meeting, resolved as follows: “That Council: 1. Determine that as the preferred access to Secret Creek is for community recreation and tourist purposes, a public access route (PAR) pursuant to Section 64 of the Land Administration Act 1997 is considered to be the most appropriate form of access. 2. Request the Chief Executive Officer to provide the Department of State Development (DSD) with a copy of the Shire report and advise DSD of 1. above.”

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Council at the Ordinary Meeting of 21 November 2012 authorised the Chief Executive Officer to formally close access to Hooley Creek on the following basis: “That Council: 1. Subject to the following conditions, the Chief Executive Office is authorised to determine that Clause 9 (r) of Appendix 11 to the Shire of Ashburton Local Planning Scheme No. 7, condition 8 of the Ashburton North Strategic Industrial Area Structure Plan and condition 10 of the Wheatstone Development Plan are ‘cleared’ where the Shire is informed in writing that the: a) Department of State Development accepts responsibility for any costs incurred by the Shire for the establishment of the public access route from the fenced boundary of Urala Station through to Secret Creek for community recreation and tourist purposes; and Public access route has been declared and available for public access pursuant to relevant provisions of the Land Administration Act 1997.”

b)

Council at the Ordinary Meeting of 10 April 2013 resolved to ‘temporarily close public access to Hooley Creek as follows: “That Council: 1. Not accept the Shire Administration recommendation as published. 2. Notes correspondence dated 20 March 2013 from Chevron Australia Pty Ltd (ATTACHMENT 13.4B). 3. Notes the written advice received from Regional Development and Lands (RDL) dated 10 April 2013 (ATTACHMENT 13.4C) stating that RDL supports the creation of the Public Access Route for Secret Creek as an interim measure. 4. Notes the written advice received via Email from the Project Manager, Strategic Infrastructure Department of State Development (DSD) dated 10 April 2013 (ATTACHMENT 13.4D) stating it is DSD's understanding that the RDL will complete the declaration process for the Public Access Route (PAR) for Secret Creek within the next two weeks. 5. Subject to confirmation in writing from DSD that it accepts responsibility for any costs incurred by the Shire for the establishment of the PAR from the fenced boundary of Urala Station through to Secret Creek for public recreation and tourist purposes, community access to Hooley Creek is temporally closed from 30 April 2013 until 30 October 2013. 6. Request the A/Chief Executive Officer to place appropriate notifications in the April 2013 Edition of the Onslow Times and Council Notice Boards of the decision to Close Public access to Hooley’s Creek.”

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Comment DSD has confirmed that it accepts responsibility for costs incurred by the Shire for the establishment of the public access route. State Land Services (SLS) have formally advised that:

“…..the PAR has now been declared for and on behalf of the Minister for Lands under delegated authority pursuant to Section 64 of the Land Administration Act 1997 and the non-extinguishment principle under Sections 24KA and 238 of the Native Title Act 1993.” ATTACHMENT 13.6
Given the resolution of April 2013, the Acting Chief Executive Officer has requested the formal closure be referred back to Council for resolution. Accordingly it is recommended that Council note the advice from SLS and formally resolve to ‘close’ public access to Hooley Creek and request the Acting Chief Executive Officer to place appropriate notifications in the June 2013 Edition of the Onslow Times and Council Notice Boards of the decision to close public access to Hooley’s Creek and that the Public Access Route to Secret Creek has been approved by the Minister for Lands. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Land Administration Act Financial Implications There are no financial implications relevant to this matter. Strategic Implications A new Strategic Industrial Area at Ashburton North will have significant impact upon the Shire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments. Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relevant to this matter. Voting Requirement Simple Majority Required

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Council Decision MOVED: That Council: 1. Note the correspondence from State Land Services (ATTACHMENT 13.6)in relation to the Public Access Route associated with access to Secret Creek being declared for and on behalf of the Minister for Lands. ‘Permanently close’ public access to Hooley Creek and request the Acting Chief Executive Officer to place appropriate notifications in the June 2013 Edition of the Onslow Times and Council Notice Boards of the decision to close public access to Hooley’s Creek and that the Public Access Route to Secret Creek has been approved by the Minister for Lands. Cr SECONDED: Cr

2.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: Council has temporarily closed the Public Access Route to Hooley Creek and so there is no misunderstandings the second resolution clearly indicates the Permanent Closure of the Public Access Route to Hooley Creek.

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13.7

PROPOSED ROAD CLOSURES, WATSON DRIVE AND UCL 215, ONSLOW

MINUTE: 11558 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: ON.WS.571 Rob Paull Principal Town Planner LandCorp

25 May 2013 The author has no financial interest in this matter.

Item 13.10 Minute No. 11497 Ordinary Meeting of Council 10 April 2013 Item 13.3 Minute No. 1191 Ordinary Meeting of Council 16 May 2012

Summary Council at the Ordinary meeting of 10 April 2013 addressed a number of matters associated with LandCorp’s expansion plan for Onslow. One of these matters was initiating the road closures for portions associated with Watson Drive and UCL 215. The issue for the Shire is that the road closure sought could result in preventing any future access to Macedon Road. LandCorp has now confirmed that it will be responsible for the establishment of temporary access to Macedon Road. Advertising will be completed at 4.pm 5 June 2013 however to date, three submissions of no objection have been received. Although the Shire Administration considers it unlikely that submissions of objection will be received from the closure of the Council meeting to 4pm, it is recommended that should no objections be received the Council delegate to the A/Chief Executive Officer the power to resolve to make request to the Minister to close the road.

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Background Council at the Ordinary meeting of 10 April 2013 addressed a number of matters associated with LandCorps expansion of Onslow. One of these matters was initiating the road closures for portions associated with Watson Drive and UCL 215 as follows: “Road closures There are portions of road that need to be closed to allow us to undertake the development. These portions are: 1. Part of the Chevron site. In May 2012 the Council resolved to defer consideration of the road closure of the portions within the Chevron site until alternative road reserve access to Macedon Road is confirmed. This matter has now been agreed and will be reflected in the WAPC conditions to be issued shortly.” ATTACHMENT 13.7A ATTACHMENT 13.7B Comment The desire of LandCorp to gain early access to land to initiate subdivision and development works for the expansion of Onslow is supported, as is its desire to access land owned or under the care and control of the Shire. The issue for the Shire is that the road closure sought could result in preventing any future access to Macedon Road. LandCorp has now confirmed that it will be responsible for the establishment of temporary access to Macedon Road. Advertising will be completed at 4.pm 5 June 2013 however to date, three submissions of no objection have been received. The date of 5 June 2013 for closure of advertising was chosen before the June Council meeting was brought forward a week. There is some urgency in addressing this road closure request so as to enable the creation of titles for the Chevron site. In this regard, it is recommended that it be considered at this Council meeting and not deferred to the 17 July 2013 meeting. Although the Shire Administration consider it unlikely that submissions of objection will be received from the closure of the Council meeting to 4pm, it is recommended that should no objections be received the Council delegate to the A/Chief Executive Officer the power to resolve to make request to the Minister to close the road. Consultation A/Chief Executive Officer A/Executive Manager Technical Services Executive Manager Operations Executive Manager Strategic and Economic Development A/Partnership/Revitalisation Manager

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Advertising of the road closure took place with a sign on site and two notices in the Pilbara News inviting representations on the proposed closure within a period of 35 days from the publication. The following corporations were notified and their responses were as follows: • • • Telstra – no objection Horizon Power – no objection Water Corporation – no objection

Statutory Environment Planning and Development Act Shire of Ashburton Local Planning Scheme No. 7 Land and Administration Act Section 58 Financial Implications Any costs associated with the road closure and or necessary arrangements over land under the care and control of the Shire can be recovered from the proponent (LandCorp). Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 - Distinctive and Well Serviced Places Objective 03 - Well Planned Towns Policy Implications None anticipated. Voting Requirement Absolute Majority Required NOTE: ATTACHMENT 13.7C a letter from Chevron Pty Ltd supporting the proposal was tabled at the meeting. Council Decision MOVED: That Council: 1. Note the submissions of no objection received from Telstra, Horizon Power and Water Corporation in relation to the closure of Watson Drive and UCL 215, Onslow as defined in ATTACHMENT 13.7A. That should no further objections to the closure of Watson Drive and UCL 215, Onslow as defined in ATTACHMENT 13.7A be received the Council delegate to the A/Chief Executive Officer the power to resolve to make request to the Minister for Lands to close the road. Cr SECONDED: Cr

2.

CARRIED BY ABSOLUTE MAJORITY 1/0

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13.8

PROPOSAL FOR THE POWER TO LEASE AT THE TOM PRICE WASTE DISPOSAL SITE (LOT 300, RESERVE 50203), BINGARN ROAD, TOM PRICE

MINUTE: 11559 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: RE.TI.R.50203 Rob Paull Principal Town Planner Shire of Ashburton

24 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in this matter.

Not Applicable

Summary The Shire Administration has received a conceptual proposal from a company interested in establishing a ‘recycling partnership’ with Council. The proposal is light on detail but indicates that such recycling arrangements would need to be established at the Tom Price Waste Disposal Site (Lot 300, Reserve 50203), Bingarn Road, Tom Price. Reserve 50203 is Reserved for ‘Rubbish Disposal Site’ with a Management Order and vested with the Shire. Whilst the Shire Administration does not wish to immediately pursue a recycling partnership with any particular operator, it does indicate that for any future arrangements to be considered, the Shire would need a ‘power to lease’ in order to allow any operator access the site. In this regard, Reserves may be leased by parties holding a formal vesting order, provided the order includes the power to lease and it has been approved by the Minister for Lands. The current Management Order for Reserve 50203 does not include a ‘power to lease’. It is recommended that to enable the Shire to consider the opportunity to pursue a recycling partnership (subject to a further Report to Council) that Council resolve to request the Minister for Lands to allow a ‘power to lease’ over Reserve 50203.

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Background The Tom Price Waste Disposal Site is located a Lot 300 (Reserve 50203), Bingarn Road, Tom Price. Reserve 50203 is Reserved for ‘Rubbish Disposal Site’ with a Management Order and vested with the Shire. The current Management Order for Reserve 50203 does not include a ‘power to lease’. The Shire Administration has received a conceptual proposal from a company interested in establishing a ‘recycling partnership’ with Council. The proposal is light on detail but indicates that such recycling arrangements would need to be established at the Tom Price Waste Disposal Site. Proposal Whilst the Shire Administration does not wish to immediately pursue a recycling partnership with any particular operator, it does indicate that for any future arrangements to be considered, the Shire would need a ‘power to lease’ in order to allow any operator access the site.

Tom Price Waste Disposal Site (Lot 300, Reserve 50203), Bingarn Road, Tom Price

Comment Many reserves are managed by a Management Body. A Management Body is the group that the Minister gives the care, control and management of the reserve to. For example, the Management Body can be a local government authority, a State government agency, or an Aboriginal organisation. Management Orders are made by the Minister for Lands and they set out the rights and duties of the Management Body. The Management Orders can include a power to lease (rent out) the reserve. Where there is a power to lease the reserve, any lease given by the Management Body must be consistent with the purpose of the reserve.

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It is recommended that to enable the Shire to consider the opportunity to pursue a recycling partnership (subject to a further Report to Council) that Council resolve to request the Minister for Lands to allow a ‘power to lease’ over Reserve 50203. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Executive Manager - Operations Statutory Environment Land Administration Act Reserves may be leased by parties holding a formal vesting order, provided the order includes the power to lease and it has been approved by the Minister for Lands. Financial Implications There are no financial implications relative to this issue. Strategic Implications Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Policy Implications There are no policy implications relative to this issue. Voting Requirement Simple Majority Required Council Decision MOVED: That Council: 1. Request the Minister for Lands to allow a ‘power to lease’ over Reserve 50203 to enable Council the opportunity to pursue a ‘recycling partnership’ with a third party. Cr SECONDED: Cr

CARRIED 1/0

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13.9

RFT 02/13 ASSET MANAGEMENT CONSULTANCY

MINUTE: 11560 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: AS.TE.02.13 Jayde Robbins Assets Management Coordinator Not Applicable

21 May 2013

DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE:

The author has no financial interest in the proposal.

Not Applicable

Summary Tenders have been sought from suitably qualified and experienced consultants to provide bureau services for the provision of Long Term Financial Planning consultancy and support of Council’s Asset Management System and Data. Tenderers were required to provide a range of services, including Strategic Asset Management Consulting (SAM), Tactical Asset Management Consulting (TAM) and Operation Asset Management Consulting (OAM) as a bureau service in managing Councils Asset Management System. Two conforming tenders were submitted and one non-conforming tender (the latter was submitted only electronically and not in hard copy as requested). The conforming tenders were assessed based on Council’s “Tender Assessment Criteria” Policy FIN14. It is recommended that the tender submission received from Assetic Pty Ltd be accepted in relation to RTF 02/13, based on their experience and their pricing schedule.

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Background The Council has previously employed an Asset Manager to develop and maintain Councils asset management plans’, however, difficulty in retaining staff has caused the Administration to rethink how the asset management service could be delivered to the Shire. The suggested approach is that it use a locally based mid-level manager with the support of a specialised consultant. In 2007, in a project initiated by the Pilbara Regional Council, the Pilbara local governments purchased and implemented asset management software provided by Assetic Pty Ltd. Since then Assetic has provided support in maintaining the Shire’s system. Tenders have now been sought from suitably qualified and experienced consultants to provide bureau services for the provision of Long Term Financial Planning consultancy and support of Council’s Asset Management System. The tender is for a two year period with the option of a two year extension. Tenderers were required to provide a range of services, including Strategic Asset Management Consulting (SAM), Tactical Asset Management Consulting (TAM) and Operation Asset Management Consulting (OAM) as a bureau service in managing Councils Asset Management System. Comments Request for Tender (RFT) 02/13 was advertised on Saturday 13 April 2013 and closed on Tuesday 30 April 2013. Three submissions were received. Conforming tenders were received from • Assetic Pty Ltd • Thinc Projects Pty Ltd Non-conforming was a tender from  Ausenco Rylson (failed to submit a hard copy of the tender) Submissions were assessed, in accordance with Council Policy FIN 14 “Tender Assessment Criteria” by a panel consisting of Jayde Robbins, Asset Management Coordinator, Gemma Tonkin, Asset Officer and Keith Pearson, Acting Executive Manager Technical Services. Costs were assessed based on hourly rates and estimated hours required to maintain the Shire system. Based on this estimated times, Assetic has proposed that is would cost $80,400 plus GST to maintain this contract while Thinc Projects proposes is would cost $363,420 plus GST. It is acknowledged that this is not an exact approach as Assetic was cheapest due to both a lower fee structure and a lesser number of hours to maintain the system.. The attached table sets out the results of the qualitative assessment of the two conforming tenders. ATTACHMENT 13.9A

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It is anticipated that the total annual cost of the services tendered will be greater than that assessed to achieve minimum maintenance standards. This will be the result of the potential of the Asset Management Strategy being more fully realized. The panel came to the conclusion, based on Assetic’s experience and their lower estimated cost to maintain the contract, that they are the preferred tenderer. A copy of the company’s submission is attached. ATTACHMENT 13.9B Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Local Government Act 1995, S3.57 Tenders for providing goods or services Local Government (Functions and General) Regulations 1996 – Part 4; Division 2; r 11(2b) Financial Implications The projected cost of the preferred tender is within the budget of $160,000 proposed for Asset Management consultancy services, as contained in the draft 2013-14 Financial Budget. Strategic Implications Goal 4 – Distinctive and Well Serviced Places Objective 3 – Well Planned Towns Desired Outcome – Distinctive and well-functioning towns Policy Implications Council Policy FIN04 - Buy Local – Regional Price Preference Policy FIN12 – Purchasing and Tender Policy FIN14 – Tender Assessment Criteria Policy Voting Requirement Absolute Majority Required Council Decision MOVED: That Council: 1. Award the Contract 02/13 “Bureau Services for the Provision of Integrated Planning Framework Compliance and Support of Council’s Asset Management System and Data” to Assetic Pty Ltd for sum of up to $80,400 pa plus GST for a two year period with a two year option in accordance with their tender submission, as per ATTACHMENT 13.9B. 2. Authorise the Commissioner and Acting Chief Executive Officer to execute the relevant contract documentation and affix the Shire’s Common Seal to the contract. CARRIED BY ABSOLUTE MAJORITY 1/0 Commissioner R Yuryevich

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14.
14.1

OPERATIONS REPORTS
EXECUTION OF THE WATER MAINS RELOCATION AGREEMENT BETWEEN WATER CORPORATION AND SHIRE OF ASHBURTON

MINUTE: 11561 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: AS.TE.13.12 Fiona Keneally Executive Manager – Operations Not Applicable

22 May 2013 The author has no financial interest in the proposal.

Agenda Item 12.1 (Minute 11392) - Ordinary Meeting of Council 12 December 2012 Agenda Item 6.2 (Minute 5) - Special Meeting of Council 7 February 2013

Summary The Shire is currently undertaking the Onslow Aerodrome Redevelopment including the construction of a new 1900m airstrip to CASA Code 3C requirements. The water main that services the Onslow town is located under the existing airstrip and also under the southern end of the new airstrip. Water Corporation has advised that the main will need to be realigned due to the impact of the heavier jet aircraft and increased traffic expected on the new airstrip. An agreement has been formed between Water Corporation and Shire of Ashburton for the water main relocation. It is recommended that Council authorise the Commissioner and Acting Chief Executive Officer to execute this agreement through signing and affixing the Common Seal. In addition, the Shire of Ashburton must also provide a bank guarantee for $1,280,000, as per Section 7.1 and the form set out in Schedule 4 of the Agreement. The circumstances under which the Water Corporation may have recourse to the Bank Guarantee are outlined in Section 7.2 of the Agreement. It is recommended the Council delegate to the Acting Chief Executive Officer the authority to execute the relevant bank guarantee documentation including the form set out in Schedule 4.

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Background The Onslow Aerodrome Redevelopment includes, but is not limited to, the construction of a new runway, taxiway and apron. Chevron has agreed to contribute $30 million to the redevelopment which is to be delivered over a twelve month period. The sole water main which supplies the Onslow town site is located under the existing airstrip and the alignment of the new airstrip. After numerous discussions, the Water Corporation advised in a letter dated 10 April 2012 that it would be the Shire’s responsibility to arrange for the pipe to be diverted and for temporary protection if works were to be undertaken in the vicinity of the existing main. Tenders were called for the diversion of the water main at the Onslow Airport in accordance with Water Corporation requirements. The tender closed at 3pm on Wednesday 16 January 2013 and was awarded to Redline WA Pty Ltd at the 7 February 2013 Special Meeting of Council. The diversion of the water main is crucial to the delivery of the Aerodrome Runway as commissioning cannot occur without the completion of the new main. The timing for the temporary protection work is also critical as it impacts the ability of the Shire to complete construction works in the area where the main is currently located. Comment Due to the short timeframe of the Airport Expansion Project, the Shire of Ashburton requested the Water Corporation’s consent to carry out the temporary protection works in order to allow the commencement of construction over the Main before it carries out the relocation works. The Water Corporation has agreed to give its consent for the Shire to carry out the works, as per the terms outlined in the Agreement. The start-up meeting for the water main diversion has been undertaken and works commenced, however temporary protection work cannot be undertaken prior to the execution of the Agreement. ATTACHMENT 14.1 This Agreement is critical in allowing the Shire to meet project deadlines. Therefore, it is recommended that Council authorise the Commissioner and Acting Chief Executive Officer to execute the Agreement and also delegate to the Acting Chief Executive Officer the authority to initiate the relevant bank guarantee documentation. Consultation A/Chief Executive Officer Executive Manager - Strategic and Economic Development Shane Priddle - Project Engineer, Water Corporation Norm Cull - Senior Asset Delivery Representative, Water Corporation David Goaley – Civil Engineer, David Wills and Associates Statutory Environment Local Government Act 1995 - S 9.49(A) Execution of Documents Local Government Act 1995 - S 3.57 Tenders for Providing Goods or Services

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Financial Implications The diversion of the water main was not included in the original $30 million budget for the redevelopment of the aerodrome. However, Chevron has indicated that they are willing to contribute $600,000 (ex GST) to the diversion of the water main. If we are required to utilise the provisional item of $54,000 then this would be required to be self-funded by the Shire of Ashburton. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 02 - “Enduring Partnerships” Objective 01 – Strong Local Economies Objective 02 – Enduring Partnerships with Industry and Government Goal 04 - “Distinctive and Well Serviced Places” Objective 01 – Quality Public Infrastructure Objective 03 – Well Planned Towns. Policy Implications Nil Voting Requirement Absolute Majority Required

Council Decision MOVED: That Council: 1. Authorise the Commissioner and Acting Chief Executive Officer to execute the Water Mains Relocation Agreement between the Water Corporation and the Shire of Ashburton by signing the Agreement and affixing the Shire’s Common Seal. 2. Delegate the authority to the Acting Chief Executive Officer to execute the relevant bank guarantee up to value of $1.28 million documentation including the Form of Bank Guarantee set out in Schedule 4 of the Agreement. CARRIED BY ABSOLUTE MAJORITY 1/0 Commissioner R Yuryevich

REASON FOR CHANGE OF RECOMENDATION: To clearly indicate the value of the Bank Guarantee.

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15.
15.1

COMMUNITY DEVELOPMENT REPORTS
LEASE FOR VSWANS OVER LOT 302 ONSLOW ROAD, ONSLOW

MINUTE: 11562 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: AS.LE.297 Deb Wilkes Executive Manager - Community Development Not Applicable

28 May 2013 The author has no financial interest in the proposal.

Agenda item 16.2 (Minute No: 11162) Ordinary Meeting of Council 20 March 2012 Agenda item 15.3 (minute No:11129) Ordinary Meeting of Council 15 February 2012 Agenda item 12.1 (Minute No: 11098) Ordinary Meeting of Council 14 December 2011

Summary In September 2011 discussions and presentations to Council commenced to allow VSwans to lease Reserve 22611 (Lot 302 Second Avenue Onslow) for the purpose of a youth drop-in center. At that stage the Reserve was zoned “Commercial and Civil and a management order over the Reserve was held by the Department of Child Protection. Since early 2012 The Shire has been working with The Department of Regional Development and Lands and the State Land Services to undertake all necessary procedures and approvals to allow a lease to be prepared for VSwans. These processes have now been finalised and a lease agreement is attached for Council approval.

Background In September 2011 the Department of Regional Development and Lands (RDL) approached the Shire of Ashburton requesting that the Shire consider accepting a “peppercorn” lease over Lot 302 Second Ave (Reserve 22611), Onslow, for the purpose of sub-leasing to VSwans to allow them to open a youth drop-in center in Onslow. At that stage the management order for this reserve was held by the Department of Child Protection.

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In December 2011 the matter was brought before Council, and Council resolved that the CEO should enter into formal negotiations with the Department of Regional Development and Lands regarding leasing Lot 302 Second Ave for “Community Purposes” to allow for a sub-lease to VSwans for the purpose of a youth drop in center. In February 2012 a further item came before Council detailing that the Shire had investigated and inspected Lot 302 and concluded that a significant amount of work, and expense, was required to restore the building to meet Australian Standards to allow it to operate as a youth drop-in center. As a result of this, Council resolved to request the Chief Executive Officer to advise the Department of Regional Development and Lands that the Shire did not wish to lease the building, but would not object to VSwans obtaining a direct lease from RDL to do so. In March 2012 the Shire President requested a further agenda item to bring forward new information that addressed the concerns raised in the February report. This new information included VSwans not being able to lease directly from RDL, and information that VSwans had secured funding from Lottery West to cover the costs of upgrades to the building. Council subsequently resolved to direct the Chief Executive Officer to enter into negotiations with RDL to lease Lot 302 Second Ave and to negotiate a sub-lease of that lot to VSwans for the purpose of a youth drop-in center, with VSwans being responsible for all costs associated with planning approvals and restoring the building to meet Australian Standards. Comment A recent assessment of the property by Ray White Real Estate estimated that this property could achieve approximately $1,500 a week in income of it was to be leased commercially, however the management order over this land only allows it to be used for the purpose of the “Onslow Youth Centre” making such a rental return unlikely. ATTACHMENT 15.1A Section 3.58 of the Local Government Act (1995) allows for land to be disposed of by auction, public treaty or tender. However, the Local Government (Functions and Regulations) 1996 Regulation 30 “(b) allows for an exemption to this when that the land is disposed of to a body, whether incorporated or not — (i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and (ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;” VSwans is part of the Swan Districts Football Club, which is an incorporated not-for-profit organization, whose objectives include providing educational, recreational and sporting opportunities. Advice received from the Department of Local Government is that the Shire is able to enter into a lease agreement directly with the Swan District Football Club (the parent body of VSwans) without the need for advertising, as stated in the email excerpt below

“The Shire can enter into a lease with SWFC without undertaking the s 3.58 advertising requirements as it is an exempt disposition”.

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The Shire of Ashburton has been in lengthy negotiations with the Department of Regional Development and Lands, and the State Land Services Regional Team since March 2012 to ensure all necessary procedures have been undertaken to enable a lease to be prepared for VSwans. The purpose of the Reserve has been changed from Commercial and Civic to Community usage to allow the Youth Centre to operate and the Department of Child Protection (DCP) have relinquished their management order over Reserve 22611. This management order has then been offered to the Shire of Ashburton for a period of 5 years (after the 5 year period has expired, DCP can accept a new management order over this Reserve) for the purpose of the “Onslow Youth Centre”. The management order can be surrendered at any time by the Shire and has been offered to the Shire at a cost of $550.00 per annum plus initial fees. The Shire has notified RDL that it wishes to accept this management order and has prepared the attached lease for VSwans. The lease is for a maximum period of 5 years (3 years with a two year option) as this is the maximum period of time the management order allows for. In addition, the lease is only available to VSwans until a new youth center, which is currently planned as part of the Onslow recreation and aquatic precinct is completed. VSwans have been consulted on the lease conditions, have been sent a copy of the lease document, and are happy to proceed with the conditions as detailed in the lease agreement. ATTACHMENT 15.1B Consultation Executive Management Team Principal Town Planner Manager - Building Services VSwans WA Heritage Council Statutory Environment Local Government Act 1995 s 3.58 Disposing of property Local Government (Function and Regulations) 1996 Regulation 30 Dispositions of property excluded from Act s. 3.58 Lands Administration Act 1997 Building Control Act Heritage Act Shire of Ashburton Local Planning Scheme no 7 Health Act Financial Implications Nil Strategic Implications Strategic Plan 2012 – 2022 Goal 1 Active and Vibrant Communities Objective 2 Active People, Clubs and Associations Policy Implications REC05 Establishment Lease Policy

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Voting Requirement Simple Majority Required Council Decision MOVED: That Council: 1. Accepts the Lease agreement, for a maximum of 3 years with a 2 year option, for a fee of $550.00 per annum (subject to increases by the State Land Services) for VSwans over Reserve 22611 (Lot 302 Second Avenue, Onslow) as per ATTACHMENT 15.1B. 2. Authorise the Commissioner and the A/Chief Executive Officer to affix the common seal of the Shire of Ashburton to the documentation. 3. Direct the A/Chief Executive Officer to forward the lease to the Minister for Regional Development and Lands for final approval. CARRIED 1/0 Commissioner R Yuryevich

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16.

NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED: Commissioner R Yuryevich

That Council considers the following New Business of an Urgent Nature: 16.1 NEW BUSINESS OF AN URGENT NATURE – TEMPORARY INCREASE IN OVERDRAFT NEW BUSINESS OF AN URGENT NATURE – AFFIXING THE COMMON SEAL TO THE CONTRACT FOR TENDER NO.RFT 05/12 – TOM PRICE SPORTS PAVILLION NEW BUSINESS OF AN URGENT NATURE – CONFIDENTIAL ITEM – RECRUITMENT OF EXECUTIVE MANAGER TECHNICAL SERVICES CARRIED 1/0

16.2

17.3

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16.1

NEW BUSINESS OF AN URGENT NATURE - TEMPORARY INCREASE OF OVERDRAFT

MINUTE: 11563 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: FI.LN.02.00 Lisa Hannagan A/Executive Manager Corporate Services Not Applicable

4 June 2013 The author has no financial interest in the proposal.

Not Applicable

Summary In order to increase its overdraft, Council needs to resolve the issue by an absolute majority and advertise the proposal for a period of 21 days before access to the additional funds will be made available by the Bank.

Background During the 2013 Budget Review, it was apparent that there would be cashflow issues late in the 2012/13 financial year and into the start of the 2013/14 financial year. The cashflow issue is directly related to the construction of the Onslow Airport with major expenditure being incurred (and paid for by the Shire on a weekly basis) and then a period of 8 to 12 weeks wait from our invoicing to DSD and Chevron to payment being received. In actioning this request, the Bank will require that we have complied with all statutory conditions, including seeking Council approval and advertising our “Notice of Intention to Borrow” for a period of 21 days. Comment Shire staff have attempted to manage expenditure to minimize the requirement for a temporary overdraft, but cash in the bank is at critical levels and the overdraft must be increased if the Shire is to meet its financial obligations. It is expected that Rates will be raised in July 2013 but that cashflow from rates will not start being received until August/September 2013.

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Consultation A/Chief Executive Officer A/ Executive Manager - Corporate Services Statutory Environment Section 6.20 of the Local Government Act 1995 and Reg 20 of the Local Government (Financial Management) Regulations 1996 Financial Implications It is essential the overdraft is temporarily increased in order to meet Council’s financial obligations. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Policy Implications Nil Voting Requirement Absolute Majority Required Council Decision MOVED: Commissioner R Yuryevich

That Council approve the temporary increase on Council’s overdraft up to $2 million until 30 September 2013 and that Council advertise the proposal in accordance with Section 6.21 of the Local Government Act 1995. CARRIED BY ABSOLUTE MAJORITY 1/0

REASON FOR CHANGE OF RECOMMENDATION: To provide an ending date for the temporary increase in overdraft.

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16.2

NEW BUSINESS OF AN URGENT NATURE - AFFIXING THE COMMON SEAL TO THE CONTRACT FOR TENDER NO.RFT 05/12 - TOM PRICE SPORTS PAVILLION

MINUTE: 11564 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: EA.R.02659.000 Richard Repsevicius Special Projects Manager Shire of Ashburton

4 June 2013 The author has no financial interest in the proposal.

Agenda Item 13.11 (Minute: 11292), Ordinary Meeting of Council 19 September 2012

Summary At Ordinary meeting of 19 September 2012, Council resolved: “That Council: 1) 2) Nominate Cooper & Oxley as preferred tenderer. Delegate Authority to the Chief Executive Officer to negotiate and award the contract up to a value of $6.5mil (incl GST).”

The project is a ‘design and construct’ development and is well underway. The contract amount is $5,515078.00 and a purchase orders have been issued by the Chief Executive Officer in accordance with delegation. The matter before Council is to approve the fixing of the Common Seal to the Contract.

Background At Ordinary meeting of 19 September 2012, Council resolved: “That Council: 1) 2) Nominate Cooper & Oxley as preferred tenderer. Delegate Authority to the Chief Executive Officer to negotiate and award the contract up to a value of $6.5mil (incl GST).”

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Comment The project is a ‘design and construct’ development and is currently under construction. The contract amount is $5, 515078.00 and a purchase orders have been issued by the Chief Executive Officer in accordance with delegation. The matter before Council is to approve the fixing of the Common Seal to the Contract. Consultation A/Chief Executive Officer A/Executive Manager - Technical Services Statutory Environment Local Government Act 1995, S3.57 Tenders for providing goods or services Local Government (Functions and General) Regulations 1996 – Part 4; Division 2; r 11(2b) Financial Implications The projected cost of the preferred tender is within the budget of $6.5M as contained in the draft 2012-13 Financial Budget. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 4 – Distinctive and Well Serviced Places Objective 3 – Well Planned Towns Desired Outcome – Distinctive and well-functioning towns Policy Implications Council Policy FIN04 - Buy Local – Regional Price Preference Policy FIN12 – Purchasing and Tender Policy FIN14 – Tender Assessment Criteria Policy Voting Requirement Absolute Majority Required Council Decision MOVED: That Council: 1. Authorise the Commissioner and the A/Chief Executive Officer to execute the relevant documentation for RFT 05/12 Tom Price Sports Pavilion and affix the common seal of the Shire of Ashburton to the documentation. CARRIED BY ABSOLUTE MAJORITY 1/0 Commissioner R Yuryevich

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17.

CONFIDENTIAL REPORTS

Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection (1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (a) (b) (c) a matter affecting an employee or employees; the personal affairs of any person; a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting;

(d)

legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting: a matter that if disclosed, would reveal: (I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs of a person, Where the trade secret or information is held by, or is about, a person other than the local government.

(e)

(f) a matter that if disclosed, could be reasonably expected to: (I) Impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; (II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting public safety; (g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and (h) such other matters as may be prescribed.

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Council Decision MOVED: Commissioner R Yuryevich

That Council close the meeting to the public at 1.41pm pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995. CARRIED 1/0 Anika Serer, Melissa May, Leanne Lind and member of the public left the meeting at 1.41 pm.

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17.1

CONFIDENTIAL ITEM - PROPOSED FUNDING AGREEMENTS BETWEEN RIO TINTO IRON ORE AND SHIRE OF ASHBURTON FOR TOM PRICE SPORTING PRECINCT AND OTHER PROJECTS

MINUTE: 11565 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: EA.R.02659.000 Anika Serer Acting Partnership & Revitalisation Manager Not Applicable

23 May 2013 The author has no financial interest in the proposal.

Agenda Item 13.11 (Minute No. 11292) – Ordinary Meeting of Council 19 September 2012 Agenda Item 10.2 (Minute No. 11167) – Ordinary Meeting 18 April 2012 Agenda Item 13.8 (Minute No. 11528) – Ordinary Meeting of Council 8 May 2013

Council Decision MOVED: That Council: 1. Approves the draft funding agreement for the contribution of $3.15 million by Rio Tinto Iron Ore for the construction of the Tom Price Sports Pavilion and Clem Thompson Sports Precinct; 2. Delegates authority to the A/Chief Executive Officer to negotiate and finalise the funding agreement providing any alterations do not substantially change the meaning, requirements or proposed payment schedule in the funding agreement; 3. Authorise the A/Chief Executive Officer and Shire President to execute the final funding agreement; 4. Delegate authority to the Chief Executive Officer to execute future funding agreements with Rio Tinto Iron Ore that are prepared in accordance with the Partnership Memorandum of Understanding and report to Council via an agenda item. CARRIED BY ABSOLUTE MAJORITY 1/0 Commissioner R Yuryevich

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17.2

CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT UPDATE ON ACTIONS

MINUTE: 11566 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: LE.LE.00.00 Frank Ludovico A/Chief Executive Officer Not Applicable

27 May 2013 The author has no financial interest in the proposal.

Agenda Item 17.1 (Minute No.11153) Ordinary Council 8 May 2013 Agenda Item 17.1 (Minute No. 11510) Ordinary Council 10 April 2013 Agenda Item 17.2 (Minute No.11472) Ordinary Council 13 March 2013 Agenda Item 17.2 (Minute No.11446) Ordinary Council 13 February 2013 Agenda Item 17.2 (Minute No.11423) Ordinary Council 23 January 2013 Agenda Item 17.2 (Minute No.11387)Ordinary Council 12 December 2012 Agenda Item 17.4 Ordinary Meeting of Council 21 November 2012

Meeting of Meeting of Meeting of

Meeting of

Meeting of

Meeting of

Council Decision MOVED: Commissioner R Yuryevich

That Council receives the report contained in ATTACHMENT 17.2 “Shire of Ashburton Probity Report – Action Plan.” CARRIED 1/0

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17.3

NEW BUSINESS OF AN URGENT NATURE - CONFIDENTIAL ITEM RECRUITMENT OF EXECUTIVE MANAGER TECHNICAL SERVICES

MINUTE: 11567 FILE REFERENCE: AUTHOR’S NAME AND POSITION: NAME OF APPLICANT/ RESPONDENT: DATE REPORT WRITTEN: DISCLOSURE OF FINANCIAL INTEREST: PREVIOUS MEETING REFERENCE: OR.MT.2 Frank Ludovico A/Chief Executive Officer Not Applicable

21 May 2013 The author has no financial interest in the proposal.

Not Applicable

Council Decision MOVED: That Council: 1. 2. 3. Appoints Mr Troy Davis to the role of Executive Manager Technical Services; and Endorses the contract offered to Mr Davis; and Authorise the A/Chief Executive Officer and Commissioner to affix the common seal of the Shire of Ashburton to the documentation. CARRIED 1/0 Commissioner R Yuryevich

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

Council Decision MOVED: Commissioner R Yuryevich

That Council re-open the meeting to the public at 1.44pm pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995. CARRIED 1/0 Anika Serer, Melissa May, Leanne Lind and members of the public entered the meeting at 1.44 pm. The Commissioner announced the decisions made when the meeting was closed to the public.

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

18. 19.

COUNCILLOR AGENDA ITEMS
There were no Councillor Agenda Items for this meeting.

PILBARA REGIONAL COUNCIL REPORT
There were no Pilbara Regional Council Reports for this meeting.

20.

NEXT MEETING
The next Ordinary Meeting of Council will be held on 17 July 2013, at the Civic Centre, Tanunda Street, Tom Price commencing at 1.00 pm.

21.

CLOSURE OF MEETING
Commissioner Yuryevich declared the meeting closed at 1.46pm.

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