2012-11-07 ordinary meeting minutes · 2013. 4. 1. · on wednesday 7 november 2012 at 9.00 am ....

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr R Dyne (Mayor)

Held in the Boardroom Town Hall

2 Caledonian Hill Gympie Qld 4570

On Wednesday 7 November 2012 At 9.00 am

Ordinary Meeting 7 November 2012

Gympie Regional Council

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Gympie Regional Council ORDINARY

Mayor RJ Dyne (Chairman), Crs AJ Perrett, MW Curran, RA Gâté, LJ Friske, IT Petersen, MA McDonald, WW Sachs and JA Walker

CONTENTS:

SECTION 1: OPEN WITH PRAYER .................................................................................................... 4

SECTION 2: APOLOGIES / LEAVE OF ABSENCE............................................................................ 4

SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY MEETING ...................... 4

SECTION 4: PETITIONS ...................................................................................................................... 5 4/1 STRAYING ANIMALS ................................................................................................................ 5

SECTION 5: PLANNING & DEVELOPMENT ...................................................................................... 6 5/1 DRAFT COASTAL PROTECTION STATE PLANNING REGULATORY PROVISION – PROTECTING THE COASTAL ENVIRONMENT......................................................................................................... 6 5/2 APPLICATION FOR A DETACHED BOTTLESHOP UNDER THE LIQUOR ACT 1992 – RAILWAY HOTEL – WIDGEE GENERAL STORE, SHOP 2, 2226 GYMPIE WOOLOOGA ROAD, GYMPIE – STH HOLDINGS QLD PTY LTD AS TRUSTEE FOR HEATON FAMILY TRUST TRADING AS RAILWAY HOTEL ............. 10 5/3 CHANGES FROM 1ST NOVEMBER 2012 TO SUSTAINABLE PLANNING REGULATION 2009 MAKING COUNCIL A CONCURRENCE AGENCY FOR SPECIFIC TYPES OF PLUMBING WORK. .................... 14 5/4 DISCREPANCY BETWEEN FEE FOR BUILDING CONCURRENCE AGENCY ADVICE AND BUILDING WORKS ASSESSABLE AGAINST A PLANNING SCHEME IN COUNCIL'S ADOPTED SCHEDULE OF FEES AND CHARGES FOR 2012/2013. ............................................................................................ 16 5/5 2012-1267: REQUEST FOR CONCURRENCE AGENCY ADVICE FOR PROPOSED NEW CLASS 10A SHED AT 4 TEA TREE COURT, THE PALMS OVER LOT 12 ON SP103181 ................................. 18 5/6 2012-1224: REQUEST FOR MATERIAL CHANGE OF USE FOR PROPOSED NEW CLASS 10A SHED AT LOT 7 HAMILTON ROAD, GYMPIE OVER LOT 7 ON SP170287 ............................................. 24 5/7 2012-1203: REQUEST FOR CONCURRENCE AGENCY ADVICE FOR PROPOSED NEW CLASS 10A SHED AT 1 WOOLGAR STREET, GYMPIE OVER LOT 9 ON MPH14206 ...................................... 31 5/8 2012-1256: REQUEST FOR CONCURRENCE AGENCY ADVICE FOR PROPOSED NEW CLASS 10A SHED AT 4 AQUA PLACE, TIN CAN BAY OVER LOT 13 ON SP207658 ...................................... 38

SECTION 6: SOCIAL WELLBEING................................................................................................... 45 6/1 REQUEST FOR LEASE FOR BOOUBYJAN BOONARA RURAL FIRE BRIGADE ................................ 45 6/2 REQUEST FOR LEASE FOR THE PALMS RURAL FIRE BRIGADE ................................................. 48 6/3 REQUEST FOR LEASE FOR WOOLOOGA RURAL FIRE BRIGADE ................................................ 52 6/4 TRUSTEE LEASE FOR COOLOOLA COASTCARE ASSOCIATION INC. ........................................... 55 6/5 REGIONAL ARTS DEVELOPMENT FUND OUT OF ROUND APPLICATIONS .................................... 58 6/6 ALLOCATION OF PARKS CONTRIBUTIONS FOR SURVEILLANCE CAMERAS IN NELSON RESERVE . 62 6/7 PROPOSED COUNCIL CONTRIBUTION TO SPORTS ASSOCIATIONS FUNDING APPLICATIONS ........ 65

SECTION 7: HEALTH & ENVIRONMENT ......................................................................................... 69 7/1 POLICY FOR DISTRIBUTION OF THE ENVIRONMENT LEVY FOR COMMUNITY GROUP GRANTS ...... 69 7/2 LANDS PROTECTION PEST SURVEY PROGRAM (JANUARY TO DECEMBER 2012) ...................... 72

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT ........................................................ 75 8/1 GAZETTAL OF ANNUAL GYMPIE SHOW HOLIDAY FOR 2013 ..................................................... 75 8/2 MURRI MUNCHIES – GYMPIE REGIONAL COUNCIL ASSOCIATE MEMBERSHIP ........................... 77



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8/3 LOCAL GOVERNMENT GRANTS AND SUBSIDIES PROGRAM – INFRASTRUCTURE SUBSIDY ......... 80 8/4 REQUEST FOR LOST DISCOUNT ON RATES - VARIOUS ............................................................ 82 8/5 REQUEST TO WAIVE INTEREST CHARGED ON RATES - VARIOUS ............................................. 84 8/6 REQUEST FOR TENDER 2012/13 T-140 – REGISTER OF PRE-QUALIFIED SUPPLIERS PLANT HIRE ........................................................................................................................................... 85

SECTION 9: INFRASTRUCTURE...................................................................................................... 87 9/1 CONTRACT 2012/2013-T520 - PLANT REPLACEMENT – PLANT NO 174 6X4 WATER TRUCK ..... 87

SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES ..................................................... 90 10/1 GYMPIE AQUATIC CENTRE PROJECT ..................................................................................... 90

SECTION 11: WASTE MANAGEMENT .......................................................................................... 94 11/1 DRUMMUSTER COLLECTION SERVICES ................................................................................. 94 11/2 JJ RICHARDS & SONS PTY LTD (ACN 000 805 425) REFUSE COLLECTION CONTRACT EXTENSION ........................................................................................................................... 98

SECTION 12: TOURISM & MARY VALLEY ................................................................................. 100

SECTION 13: GENERAL BUSINESS ........................................................................................... 101 CAMPERVAN MOTORHOME CLUB OF AUSTRALIA RALLY – 29TH OCTOBER 2012 .................................. 101 AUDIT AND RISK MANAGEMENT COMMITTEE REPORT ........................................................................ 103 NOTICE OF MOTION – COUNCIL MEETING CYCLE .............................................................................. 104 LOCAL GOVERNMENT ASSOCIATION QUEENSLAND – 116TH ANNUAL CONFERENCE ............................. 106

SECTION 14: IN COMMITTEE ...................................................................................................... 111 14/1 REPORT ON OUTSTANDING RATES ...................................................................................... 112 14/2 RENEWAL OF TERM LEASE 221059, LOT 61 L371400, RESERVE FOR CAMPING AND WATER PURPOSES R415, PARISH OF BROOYAR.............................................................................. 113 14/3 RENEWAL OF TERM LEASE SL21/47178, LOT 143 & LOT 144 MCH4711, RESERVE FOR CAMPING AND WATER PURPOSES R462, PARISH OF CURRA ................................................ 114

SECTION 15: ATTACHMENTS ..................................................................................................... 115



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The meeting commenced at 9:02 am.

PRESENT: Mayor Cr R.J. Dyne (Chairman), Cr A.J. Perrett, Cr M.W. Curran, Cr I.T. Petersen, Cr R.A. Gâté, Cr M.A. McDonald, Cr W.W. Sachs and Cr J.A. Walker.

Also in attendance were Chief Executive Officer (Mr B.J. Smith),

Director Corporate Services/Deputy CEO (Mr C. Manson), Director of Engineering Services (Mr R. Fredman), Director of Financial Services (Mrs Y. Oliver), Director of Planning and Development (Mr M. Hartley), Co-ordinator Health and Environmental Services (Mr I. Wolff), and Minutes Clerk (Miss A. Dunkley).

DECLARATIONS OF INTEREST BY COUNCILLORS

M34/11/12 – Cr J.A. Walker – Conflict of Interest

SECTION 1: OPEN WITH PRAYER Pastor Frank Rasenberger from Zion Lutheran Church offered a

Prayer for the advancement of the Region and the true welfare of its people.

One Minute’s silence was observed for family and friends of deceased

residents of the Region. SECTION 2: APOLOGIES / LEAVE OF ABSENCE

M24/10/12 - That Cr L.J. Friske be granted a Leave of Absence from the Ordinary Meeting of Council on 7th November 2012, for medical reasons.

SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS

ORDINARY MEETING M01/11/12 Moved: Cr J.A. Walker Seconded: Cr M.W. Curran

That the Minutes of the Gympie Regional Council Ordinary Meeting held on 17 October 2012 be taken as read and confirmed.

Carried



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SECTION 4: PETITIONS 4/1 Straying Animals

PORTFOLIO: Social Wellbeing DIRECTORATE: Engineering Services AUTHOR: Adam Jones DOC ID: 1606711 LINK TO CORPORATE / OPERATIONAL PLAN:

1. REPORT A petition was received from 19 residents of Theebine regarding straying cattle. Due to the length of the document, the petition has been included in the agenda as an attachment. 2. ATTACHMENTS ATTACHMENT 1 – Petition

M02/11/12 Moved: Cr R.A. Gâté Seconded: Cr W.W. Sachs That the petition be received and referred to Engineering Services for consideration.

Carried



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SECTION 5: PLANNING & DEVELOPMENT 5/1 Draft Coastal Protection State Planning Regulatory Provision –

Protecting the Coastal Environment PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Principal Planner (Major Projects) –

K.M. Toomey Planning Officer – S.F. Court DOC ID: 1605820 LINK TO CORPORATE PLAN: 2. ECONOMIC DEVELOPMENT 2.1 Diverse Regional business and industry development. 2.3 Planned development for a growing community. LINK TO OPERATIONAL PLAN: ECONOMIC DEVELOPMENT 2.1.1 Economic Development

- Economic Development/Promotions and Incentives 2.3.2 Development Assessment and Applications

2.3.3 Strategic and Regional Planning - Regional Planning

- Planning Scheme

1. BACKGROUND

The following Ministerial letter was received from the Deputy Premier, Minister for State Development, Infrastructure and Planning, The Honourable Jeff Seeney on 25 October, 2012. “A review of the Queensland Coastal Plan is currently being conducted by the Department of Environment and Heritage Protection in response to widespread concerns that the plan in its current form is frustrating the delivery of worthwhile planning and development proposals and discouraging much needed investment in the state. To immediately address these concerns and enable proposals to be sensibly considered in the period during which the coastal plan is



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under review, I have made the enclosed Draft Coastal Protection State Planning Regulatory Provision (draft provision).

The draft provision came into effect on 8 October 2012 and will operate for up to 12 months. The draft provision suspends the effect of the following:

• State Planning Policy 3/11: Coastal Protection • Part 1.2 of the Far North Queensland Regional PIan • Part 3.3 of the Mackay, Isaac and Whitsunday Regional PIan • Part 2.2. of the Wide Bay Burnett Regional PIan • Parts 1.4.3 and 2.4 of the South East Queensland Regional

Plan The draft SPRP and supporting information are also available online at www.dsdip.qld.gov.au. I welcome any comments you or your council may like to make on the draft provision. The closing date for submissions on the draft provision is Monday 19 November 2012. Submissions can be emailed to [email protected] or sent by mail to: Draft Coastal Protection State Planning Regulatory Provision Planning Services Division Department of State Development, Infrastructure and Planning PO Box 15009 CITY EAST QLD 4002 If you require any further information, please contact Jeff Popp, Chief of Staff, on 32244600, who will be pleased to assist.” 2. REPORT

a. Introduction

The Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment (the draft SPRP), which took effect on 8 October 2012, is a statutory instrument under the Sustainable Planning Act 2009 and applies to all local government areas in Queensland that contain areas within the coastal zone. The draft SPRP will be in effect for 12 months and is intended to ensure the development within Queensland’s coastal zone is managed in a way that allows for economic growth, while balancing the environmental and social resources for present and future generations.

http://www.dsdip.qld.gov.au/



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b. Purpose The purpose of the draft SPRP is to provide certainty for coastal planning while the State Government reviews and undertakes consultation on the Queensland Coastal Plan, including the State Planning Policy 3/11: Coastal Protection. In practice, this means that the draft SPRP suspends the operation of the State Planning Policy for Coastal Protection, in addition to part 2.2 of the Wide Bay Burnett Regional Plan, to support the Government’s commitment to grow the four pillars of Queensland’s economy. c. Application of the Policy The draft SPRP applies to the coastal zone as defined by the Coastal Protection Management Act 1995, with regard to: (i) development applications, including undecided applications that

were ‘properly made’ before 8 October, 2012; (ii) the making of local planning schemes and amendments; (iii) the making of regional plans; and (iv) the designation of land for community infrastructure.

Provisions applicable to plan-making and amending planning schemes include practical criteria for dealing with: a) land use planning; b) coastal hazards; c) provision for coastal-dependent land uses; and d) areas of high ecological significance. Provisions applicable to development assessment include practical criteria for dealing with: a) coastal hazards; b) development in an erosion prone area; c) nature conservation; d) areas of high ecological significance; e) public access; f) coastal dependent land use; and g) canals and dry land marinas.

The draft SPRP does not suspend or otherwise affect the operation of the State Policy for Coastal Management (2012) which remains in effect.



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3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS:

The Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment is considered to be consistent with and adequately reflected in the proposed planning scheme for the region. 5. CONSULTATION:

The State Government is currently seeking submissions to the draft SPRP, closing 19 November, 2012. 6. CONCLUSION:

The draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment represents a common sense approach to managing and regulating development within coastal areas. The policy aligns with the proposed planning scheme for the region and is consistent with the State Government’s commitment to grow the four pillars of Queensland’s economy. It is therefore recommended that Council lodge a submission in support of the policy approach contained within the draft SPRP. 7. ATTACHMENTS:

ATTACHMENT 2 - Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment.

M03/11/12 Moved: Cr A.J. Perrett Seconded: Cr I.T. Petersen That Council note the new Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment, which took effect on 8 October 2012. Further, that the Director of Planning and Development be authorised to lodge a submission on behalf of Council, supporting the Government’s sensible policy approach to protecting and managing development within the coastal environment.

Carried



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5/2 Application for a Detached Bottleshop under the Liquor Act 1992 –

Railway Hotel – Widgee General Store, Shop 2, 2226 Gympie Woolooga Road, Gympie – Sth Holdings Qld Pty Ltd as trustee for Heaton Family Trust Trading as Railway Hotel PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – S.F. Court DOC ID: 1603835 File No: 6-4-1-6 LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan – Program 2 – Economic Development, 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil 2. REPORT



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Letter received from Office of Liquor and Gaming Regulation on 15 October 2012. “Enclosed for your information is a copy of the advertising notice relating to an application lodged for the above named premises. By law, the relevant local government authority for the locality must be informed of the application and afforded the opportunity to: • Comment on the reasonable requirements of the public in the locality. • Object to the grant of the application on the grounds that the amenity, quiet or good order of the locality would be lessened. If you do not support the application, your comments or objection should include full particulars of: • The grounds upon which the objection is made. • The facts, evidence or reasons upon which it is based. The delegate of the chief executive cannot rely on statements that merely indicate the council does not support, or objects to the application. Any comments or objection provided may be referred to the applicant. Please advise whether you have any comments on, or objections to, the granting of the application. In accordance with section 117(3) of the Liquor Act 1992 your comments or objection should be received by 16 November 2012 … Applicant's Name: Sth Holdings Qld Pty Ltd as trustee for Heaton Family Trust Trading as Railway Hotel Premises: Widgee General Store, Shop 2, 2226 Gympie-Woolooga Road, Gympie Principal Activity: The sale of liquor for consumption off the premises. Trading Hours: 10:00 am to 7:00 pm - Monday to Sunday.” In addition to the above letter Council has also received notification on 19 October 2012 from consultants acting for the Applicant “requesting a letter from your Council to OLGR confirming your approval to the application and state you have no objection to the granting of a detached bottle shop, if all other requirements to the application are met.”



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The correspondence requests Council’s comments in relation to an application for a liquor license to operate a bottleshop within the Widgee General Store.



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Proposed trading hours listed in the Notice of Application are 10:00am to 7:00pm – Monday to Sunday. Closing date for submissions is 16 November 2012. The applicant advises that the Widgee General Store was established in 1992 and previously included a bottleshop which ceased operation three (3) years ago. Under the planning scheme in force in 1992, the use did not require a land use approval. There are no known outstanding planning issues relevant to the operation of the bottleshop, subject to it being conducted within the confines of the existing building. This information has already been provided to the applicant, and Liquor Licensing now requests Council’s views with regard to potential social impacts from the community’s perspective. 3. BUDGET IMPLICATIONS Nil. 4. POLICY IMPLICATIONS Nil. 5. CONCLUSION It is recommended that Council advise the Office of Liquor and Gaming Regulation and Liquor Licensing Consultants acting for the proprietor that it does not have any objections to the request. 6. ATTACHMENTS: Nil

M04/11/12 Moved: Cr M.A. McDonald Seconded: Cr J.A. Walker That Council advise the Department of Justice and Attorney-General and the Liquor Licensing Consultants that it does not object to the granting of a Liquor License for a Detached Bottleshop at the Widgee General Store, Shop 2, 2226 Gympie-Woolooga Road, Gympie.

Carried



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5/3 Changes from 1st November 2012 to Sustainable Planning Regulation

2009 Making Council a Concurrence Agency for Specific Types of Plumbing Work. PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 6-3-9-1 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2. REPORT Queensland's new notifiable work plumbing laws take effect from 01 November 2012. The new laws aim to cut red tape for the plumbing and drainage industry, helping to alleviate some of the current administrative processes required by Local Government. One of the changes amends the Sustainable Planning Regulation 2009 to require Council to perform a Concurrence Agency Role for building applications that involve the addition of one or more bedrooms to an existing Class 1a Dwelling on a non-sewered site. In these instances, Council's Plumbing section is required to provide formal advice about the existing on-site wastewater management system, and its compliance with the Queensland Plumbing and Wastewater Code, to the Building Certifier responsible for approving the additions. 3. BUDGET IMPLICATIONS: There is no fee currently prescribed in Council's adopted Planning and Development Services Fees and Charges 2012/13 to cater for the new Concurrence Agency role performed by Council's Plumbing section.



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A new fee needs to be adopted for this required service. 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Director of Planning and Development 6. CONCLUSION: Council's Building section already provides a Concurrence Agency role for Certifiers where proposed building work does not comply with certain provisions of Council's Planning Scheme - for example, siting requirements. The fee prescribed for this service is currently $261.00. While the type of advice required to be provided by the Plumbing section will be substantially different, it seems appropriate that the fee for a similar service should be consistent. It is therefore proposed that Council adopt a new fee of $261.00 for Plumbing Concurrence Agency Advice (Schedule 7, Table 1, Part 29 of the Sustainable Planning Regulation 2009). 7. ATTACHMENTS: Nil.

M05/11/12 Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté That Council AMEND the existing Schedule of Fees and Charges for 2012/2013 to include a new fee of $261.00 for Plumbing Concurrence Agency Advice (Schedule 7, Table 1, Part 29 of the Sustainable Planning Regulation 2009).

Carried



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5/4 Discrepancy between fee for Building Concurrence Agency Advice and

Building Works Assessable Against a Planning Scheme in Council's adopted Schedule of Fees and Charges for 2012/2013. PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 6-3-9-1 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2. REPORT Budgetary calculations performed independently by Council's Planning and Building Sections prior to the formulation and subsequent adoption of the 2012/2013 Schedule of Fees and Charges have resulted in a discrepancy between the fees prescribed for two similar services. Council's Building section performs a Concurrence Agency (SPA - s282) service for Certifiers where proposed building work does not comply with certain provisions of Council's Planning Scheme - for example, siting requirements. The fee prescribed for this service is currently $261.00. Council's Planning section provides a similar service in certain circumstances for Building Work Assessable Against a Planning Scheme (SPA s260 (1)(d)(i)). The fee prescribed for this service is currently $265.00. The administrative and assessment processes required for both services are predominantly similar, and it is therefore appropriate that the respective fees should be consistent.



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3. BUDGET IMPLICATIONS: There is currently a $4.00 fee difference between the two services as prescribed in Council's adopted Planning and Development Services Fees and Charges 2012/13. 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Director of Planning and Development 6. CONCLUSION: The administrative and assessment processes required for both Building Concurrence Agency Advice and Building Work Assessable Against a Planning Scheme are predominantly similar, and it is therefore appropriate that the respective fees should be consistent. It is therefore proposed that Council amend the current Planning fee for Building Work Assessable Against a Planning Scheme from $265.00 to $261.00. 7. ATTACHMENTS: Nil

M06/11/12 Moved: Cr J.A. Walker Seconded: Cr W.W. Sachs That Council AMEND the existing Schedule of Fees and Charges for 2012/2013 and change the current Planning fee for Building Work Assessable Against a Planning Scheme from $265.00 to $261.00.

Carried



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5/5 2012-1267: Request for Concurrence Agency Advice for proposed new

Class 10a Shed at 4 Tea Tree Court, The Palms over Lot 12 on SP103181 PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 2012-1267 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2. REPORT Pursuant to the requirements of Schedule 7 of the Sustainable Planning Regulation 2009, Council has received an application for concurrence agency advice in relation to a proposed Class 10a shed to be sited at 4 Tea Tree Court, The Palms. Concurrence agency advice is required in this instance because the proposed shed does not comply with the siting requirements for sheds contained within Council's Cooloola Shire Planning Scheme 2005.



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2.1 Site Details The subject lot is located at 4 Tea Tree Court, The Palms, and is currently included in the Rural Residential zone of Council's planning scheme mapping. The property is 4096m2 in area, and contains a dwelling and existing shed. The property is a corner allotment, fronting Kurrajong Drive and Tea Tree Court respectively. Access to the property is provided from Tea Tree Court.



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2.2 Siting Considerations The proposed 6.0m x 7.0m shed is to be sited a distance of 3.8 metres from the property's Tea Tree Court front road boundary as shown in the site plan above. Specific Outcome 6 (SO-6) of the Dwelling House Code - Table 8:3 states that Domestic Outbuildings should be "(a) visually unobtrusive; (b) retain the residential character of residential areas; … and (d) contribute to attractive streetscapes or rural landscapes." Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code specifies that for properties within the Rural Residential Zone, a shed on a lot size of less than 2ha in area should be positioned a minimum of 15 metres from any frontage. Despite the fact that the Planning Scheme requirements prevail, Part A1 (a) of the Queensland Development Code (QDC) Mandatory Part (MP) 1.2 permits a minimum front boundary clearance of 6.0m for domestic outbuildings.



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The proposed shed does not comply with either the Planning Scheme or QDC siting requirements in this instance. 2.3 Height Considerations The allowable height for the shed walls is specified by Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code. This limits the maximum wall height to 4.0 metres above Natural Ground Level (NGL). The wall height of the proposed shed is 2.7 metres, and therefore compliant with height limitations. 2.4 Neighbour Consultation Neighbour consultation is not required, and has not been performed for this application. 2.5 Relevant Considerations There are a number of relevant factors that are important to consider prior to making a decision for this application: • The existing shed on this property was granted a siting variation

in 2006 (DA14098) on the basis of medical grounds provided by the owner at the time. Ownership of the property has since changed.

• The dwelling and existing shed on the subject property are already positioned closer to the road frontage than any other structures in the general locality.

• There is no evidence of any shed in Tea Tree Court being positioned in front of the alignment of their respective house – almost all of the other Class 10 structures in Tea Tree Court comply with the 15m front setback distance prescribed by Council’s Planning Scheme.

• The block of land in question is of sufficient size to allow for the development of a large shed to be positioned behind or to the left of the existing shed while complying with the required setback distances prescribed in Cooloola Shire Council’s Planning Scheme.

3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS: Nil



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5. CONSULTATION: Director of Planning and Development

6. CONCLUSION:

The proposed 6.0m x 7.0m shed is to be sited a distance of 3.8 metres from the property's Tea Tree Court front road boundary, in direct conflict with the siting requirements of Council's Planning Scheme and the Queensland Development Code. Given that almost all of the other Class 10 structures in Tea Tree Court comply with the 15m front setback distance prescribed by Council’s Planning Scheme, and that the block of land in question is of sufficient size to allow for the development of a large shed compliant with the required setback distances, it is considered that insufficient justification to warrant approval has been provided in this instance. 7. ATTACHMENTS: Nil

M07/11/12 Moved: Cr M.W. Curran Seconded: Cr I.T. Petersen That Council, as a Concurrence Agency for proposed Building Work - Class 10a Shed (2012-1267) over Lot 12 on SP103181, located at 4 Tea Tree Court, The Palms, REFUSE the application for the following reasons:

(a) Adequate opportunity exists to position the shed so as to comply with prescribed Planning Scheme setbacks; and

(b) The proposed siting of the shed is obtrusive and does not

contribute to attractive streetscapes; and (c) Insufficient justification to warrant approval has been

provided.

Carried



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5/6 2012-1224: Request for Material Change of Use for proposed new

Class 10a Shed at Lot 7 Hamilton Road, Gympie over Lot 7 on SP170287 PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 2012-1224 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2.0 REPORT Council has received an application for a Material Change of Use (Dwelling House) for a proposed new Class 10a Shed to be sited at Lot 7 Hamilton Road, Gympie. A Material Change of Use Application is required in this instance because the site is vacant, within the Rural zone, and the proposed shed does not comply with siting and maximum Gross Floor Area (GFA) requirements for sheds contained within Council's Cooloola Shire Planning Scheme 2005.



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2.1 Site Details The subject lot is located on the corner of Corella Road and Hamilton Road, Gympie. It is currently included in the Rural zone of Council's planning scheme mapping. The property is 4539m2 in area, and is vacant.



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2.2 Proposed Shed Floor Area (GFA) As indicated in the above plans, the proposed shed is 14.0 metres long and 9.0 metres wide, with an additional attached awning of 4 metres width. This provides a total Gross Floor Area (GFA) of 182m2. The proposed floor area of the shed exceeds the current limit of 100m2

imposed by Council's Planning Scheme requirements. The Queensland Development Code (QDC), however, does not limit the size of domestic outbuildings. 2.3 Siting Considerations The proposed 14.0m x 13.0m shed is to be sited a distance of 3.0 metres from the property's Hamilton Road front boundary, and 1.5 metres from the property's left side boundary as shown in the site plan above. Specific Outcome 6 (SO-6) of the Dwelling House Code - Table 8:3 states that Domestic Outbuildings should be "(a) visually unobtrusive; (b) retain the residential character of residential areas; … and (d) contribute to attractive streetscapes or rural landscapes." Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code specifies that for properties within the Rural zone, a shed on a lot size of less than 2ha in area should be positioned a minimum of 15 metres from any frontage, at the same time maintaining a minimum side boundary clearance of 1.5m Despite the fact that the Planning Scheme requirements prevail, Part A1 (a) of the Queensland Development Code (QDC) Mandatory Part (MP) 1.2 permits a minimum front boundary clearance of 6.0m for domestic outbuildings. The proposed shed does not comply with either the Planning Scheme or QDC siting requirements in this instance. 2.4 Height Considerations The allowable height for the shed walls is specified by Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code. This limits the maximum height to 4.0 metres above Natural Ground Level (NGL), providing the shed is positioned 1.5m clear of the side and rear boundary. The wall height of the proposed shed is 4.0 metres, and therefore complies with height requirements.



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2.5 Neighbour Consultation Neighbour consultation is not required and has not been performed for this application. 2.6 Relevant Considerations • The supporting information provided with the application

indicates that the 3.0 metre front road boundary setback is required due to the fall and slope of the ground.

• Further supporting information provided with the application states that there is a buffer strip of approximately 20 metres width in front of the property, making the proposed shed a distance of 25 metres from the roadway. Additionally, it is claimed that the shed will be further shielded from the road by existing trees located on the road reserve.

• An on-site inspection by Council staff confirms that the site is not flat, however the slope of the land is not considered to be of such a grade that would limit or preclude construction of the shed elsewhere on the site. It is also further reported that the small number of trees located on the road reserve are unlikely to provide any real shielding of the structure from road users, given the significant size and bulk of the proposed shed profile.

• There is no evidence in the general area of existing large sheds located close to property's front road boundaries.

• The block of land in question is vacant, and of sufficient size to allow for the development of a large shed to be positioned to comply with the required setback distances prescribed in the Cooloola Shire Council Planning Scheme.

3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Director of Planning and Development 6. CONCLUSION: The proposed 14.0m x 13.0m shed is to be sited a distance of 3.0 metres from the property's Hamilton Road front boundary, and 1.5 metres from the property's left side boundary, in direct conflict with the maximum GFA and siting requirements of Council's Planning Scheme and the Queensland Development Code.



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The block of land in question is of sufficient size to allow for the development of a large shed compliant with the required setback distances, and it is considered that insufficient justification to warrant approval has been provided in this instance. 7. ATTACHMENTS Nil

M08/11/12 Moved: Cr W.W. Sachs Seconded: Cr R.A. Gâté That Council, as Assessment Manager for Development Application 2012-1203 for Material Change of Use - Class 10a Shed over Lot 7 on SP170287, located at Lot 7 Hamilton Road, Gympie, REFUSE the application for the following reasons:

(a) Adequate opportunity exists to position a shed so as to comply with prescribed Planning Scheme setbacks; and

(b) The proposed siting of the shed is obtrusive and does not

contribute to attractive streetscapes; and (c) Insufficient justification to warrant approval has been

provided.

Carried



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Class 10a Shed at 1 Woolgar Street, Gympie over Lot 9 on MPH14206 PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 2012-1203 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2.0 REPORT Pursuant to the requirements of Schedule 7 of the Sustainable Planning Regulation 2009, Council has received an application for concurrence agency advice in relation to a proposed Class 10a shed to be sited at 1 Woolgar Street, Gympie. Concurrence agency advice is required in this instance because the proposed shed does not comply with siting and maximum Gross Floor Area (GFA) requirements for sheds contained within Council's Cooloola Shire Planning Scheme 2005.



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2.1 Site Details The subject lot is located at 1 Woolgar Street, Gympie, and is currently included in the Housing zone of Council's planning scheme mapping. The property is 1181m2 in area, and contains a dwelling with an attached laundry and carport. The property is a corner allotment, fronting Woolgar Street and Woolgar Lane respectively. Access to the property is from Woolgar Lane.



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2.2 Proposed Shed Floor Area (GFA) As indicated in the above plans, the proposed shed is 9.0 metres long and 9.0 metres wide - an area of 81m2. There is an existing double carport attached to the dwelling, approximately 6.0 metres wide and



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6.0 metres long - an area of 36m2. This provides a total Gross Floor Area (GFA) of 117m2. This exceeds the current limit of 80m2 imposed by Council's Planning Scheme requirements. The Queensland Development Code (QDC), however, does not limit the size of domestic outbuildings. 2.3 Siting Considerations The proposed 9.0m x 9.0m shed is to be sited a distance of 0.3 metres from the property's Woolgar Lane front road boundary, and 0.3 metres from the property's side boundary as shown in the site plan above. Specific Outcome 6 (SO-6) of the Dwelling House Code - Table 8:3 states that Domestic Outbuildings should be "(a) visually unobtrusive; (b) retain the residential character of residential areas; … and (d) contribute to attractive streetscapes or rural landscapes." Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code specifies that a shed of maximum GFA 80m2 in the Housing zone should be positioned “no closer to the frontage than the rear alignment of any existing dwelling ….. on the lot,” at the same time maintaining a minimum side boundary clearance of 2.0m. Despite the fact that the Planning Scheme requirements prevail, concession is awarded for corner allotments with dual road frontages under Part A1 (b) of the Queensland Development Code (QDC) Mandatory Part (MP) 1.2. In this instance, a minimum front boundary setback of 5.3m is required to comply with the QDC. Similarly, Part A2 (d) does allow for a 0.0 metre side boundary setback for Class 10a structures in certain circumstances. However, the proposed shed does not comply with either the Planning Scheme or QDC siting requirements in this instance. 2.4 Height Considerations The allowable height for the shed walls in this instance is specified by Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code. This limits the maximum height to 4.0 metres above Natural Ground Level (NGL), providing the shed is positioned 2.0m clear of the boundary. The wall height of the proposed shed is 2.7 metres, and therefore complies with height requirements.



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2.5 Neighbour Consultation Despite non-compliance with the Acceptable Solutions of the Planning Scheme, the owners of the properties located at 3 Woolgar Street (opposite proposal) and 16 Nelson Road have provided written correspondence to the applicant indicating support for the proposed location and size of the shed in relation to their common boundaries. 2.6 Relevant Considerations • There is some evidence of existing buildings in the vicinity of the proposed shed encroaching the current boundary setback distances nominated by Council's Planning Scheme. However, these structures maintain the character of the area, and are consistent with the period of construction expected, incorporating weatherboard style cladding, and open sided carports. • The block of land in question is of sufficient size to allow for the development of a large shed to be positioned behind or to the left of the existing dwelling while complying with the required setback distances prescribed in Cooloola Shire Council’s Planning Scheme. 3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Director of Planning and Development 6. CONCLUSION: The proposed 9.0m x 9.0m shed is to be sited a distance of 0.3 metres from the property's Woolgar Lane front road boundary, and 0.3 metres from the property's side boundary, in direct conflict with the siting requirements of Council's Planning Scheme and the Queensland Development Code. The block of land in question is of sufficient size to allow for the development of a large shed compliant with the required setback distances, and it is considered that insufficient justification to warrant approval has been provided in this instance. 7. ATTACHMENTS: Nil



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M09/11/12 Moved: Cr I.T. Petersen Seconded: Cr A.J. Perrett That Council, as a Concurrence Agency for proposed Building Work - Class 10a Shed (2012-1203) over Lot 9 on MPH14206, located at 1 Woolgar Street, Gympie, REFUSE the application for the following reasons:

(a) Adequate opportunity exists to position a large shed so as to comply with prescribed Planning Scheme setbacks; and

(b) The proposed siting of the shed would be obtrusive and

does not contribute to attractive streetscapes; and (c) Insufficient justification to warrant approval has been

provided.

Carried



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Class 10a Shed at 4 Aqua Place, Tin Can Bay over Lot 13 on SP207658 PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Acting Manager Building & Plumbing Services Andrew Parker DOC ID: File No: 2012-1256 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – 2.3 Planned development for a growing community Operational Plan – 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION: Nil 2.0 REPORT Pursuant to the requirements of Schedule 7 of the Sustainable Planning Regulation 2009, Council has received an application for concurrence agency advice in relation to a proposed Class 10a shed to be sited at 4 Aqua Place, Tin Can Bay. Concurrence agency advice is required in this instance because the proposed shed does not comply with siting requirements for sheds contained within Council's Cooloola Shire Planning Scheme 2005.



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2.1 Site Details The subject lot is located at 4 Aqua Place, Tin Can Bay, and is currently included in the Housing zone of Council's planning scheme mapping. The property is 623m2 in area, and contains a dwelling.



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2.2 Proposed Shed Floor Area (GFA) As indicated in the above plans, the proposed shed is 6.0 metres long and 6.0 metres wide - an area of 36m2. This is less than the current limit of 80m2 imposed by Council's Planning Scheme requirements. The Queensland Development Code (QDC) does not limit the size of domestic outbuildings.



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2.3 Siting Considerations The proposed 6.0m x 6.0m shed is to be sited on the property's front road boundary, and 1.5 metres from the property's right side boundary as shown in the site plan above. Specific Outcome 6 (SO-6) of the Dwelling House Code - Table 8:3 states that Domestic Outbuildings should be "(a) visually unobtrusive; (b) retain the residential character of residential areas; … and (d) contribute to attractive streetscapes or rural landscapes." Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code specifies that a shed with a floor area less than 40m2 in the Housing zone should be positioned with a minimum frontage setback of 6 metres, at the same time maintaining a minimum side boundary clearance of 1.5m. These siting provisions are consistent with the requirements of Part A1 (a) of the Queensland Development Code (QDC) Mandatory Part (MP) 1.2. As a result, the proposed shed does not comply with either the Planning Scheme or QDC siting requirements in this instance. 2.4 Height Considerations The allowable height for the shed walls in this instance is specified by Acceptable Solution A/PS-6, Table 8:4, of the Dwelling House Code. This limits the maximum wall height to 3.0 metres above Natural Ground Level (NGL). The wall height of the proposed shed is not nominated on the supplied drawings. 2.5 Neighbour Consultation The applicant in this instance has informed Council that they have been unsuccessful in contacting the owner of the adjoining property located at 2 Aqua Place. This site is currently vacant. 2.6 Relevant Considerations The applicant has provided the following information to support their request for a siting concession: "We think that the Council should approve this request as our property has limited options available to build a garage.



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Firstly, if we were to build 6m from the front boundary then the shed would not be in line with the house - it would jut out and look awkward. Secondly, we have quite slopey land which would require a lot of excavation if we could not place the garage along the front boundary where the land is relatively flat. Thirdly, placement of the garage behind the front boundary would cut off a fair portion of our backyard and view of the reserve from our verandah - which was one of the house's selling points. Also, it would ruin our future option of having a pool put in if we desired to. Lastly, there is no vegetation along the front boundary which means no existing trees would need to be removed. Also, the existing timber fence is in place as shown." The following points should be considered prior to making a decision: • There is no evidence of existing sheds in the vicinity of the

proposed shed encroaching the current front boundary setback distances nominated by Council's Planning Scheme.

• An on-site inspection by Council staff confirms that the site is not flat, however the slope of the land is not considered to be of such a grade that would limit or preclude construction of the shed elsewhere on the site.

• The block of land in question is of sufficient size to allow the proposed shed to be constructed in a position compliant with the required setback distances prescribed in Cooloola Shire Council’s Planning Scheme.

3. BUDGET IMPLICATIONS: Nil 4. POLICY IMPLICATIONS: Nil 5. CONSULTATION: Director of Planning and Development 6. CONCLUSION: The proposed 6.0m x 6.0m shed is to be sited a distance of 0.0 metres from the property's front road boundary, and 1.5 metres from the property's right side boundary, in direct conflict with the siting requirements of Council's Planning Scheme and the Queensland Development Code.



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The block of land in question is of sufficient size to allow the proposed shed to be constructed in a position compliant with the required setback distances prescribed in Cooloola Shire Council’s Planning Scheme, and it is considered that insufficient justification to warrant approval has been provided in this instance. 7. ATTACHMENTS: Nil

M10/11/12 Moved: Cr I.T. Petersen Seconded: Cr M.W. Curran That Council, as a Concurrence Agency for proposed Building Work - Class 10a Shed (2012-1256) over Lot 13 on SP207658, located at 4 Aqua Place, Tin Can Bay, REFUSE the application for the following reasons:

(a) Adequate opportunity exists to position the proposed shed so as to comply with prescribed Planning Scheme setbacks; and

(b) The proposed siting of the shed would be obtrusive and

does not contribute to attractive streetscapes; and (c) Insufficient justification to warrant approval has been

provided.

Carried



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SECTION 6: SOCIAL WELLBEING 6/1 Request for Lease for Booubyjan Boonara Rural Fire Brigade

PORTFOLIO: Social Wellbeing DIRECTORATE: Corporate Services Directorate AUTHOR: Debbie Jenkins, Manager Corporate Administration DOC ID: 1600107 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Booubyjan Boonara Rural Fire Brigade is situated within the site known as the Booubyjan Community Centre. The Brigade has been operating from this site for many years with support from Council. 2. REPORT Property Address: Lot 74 on Crown Plan MZ826 – 9382 Burnett Highway Booubyjan Tenure: Reserve R1076 Reserve for Local Government Purposes - Community Centre held under the trusteeship of Gympie Regional Council. Current Use: Rural Fire Brigade Shed, SES Shed, tennis courts, sports oval including cricket pitch, storage facilities and amenities building. Environmental Management and Contaminated Land issues: The property is not currently listed on the Environmental Management Register or the Contaminated Land Register.



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Locality Plan:

\ The Department of Community Safety has requested tenure by way of a Trustee Lease over an area containing Booubyjan Boonara Rural Fire Brigade which will include an area of approximately 1200m2 to ensure that all infrastructure is contained within the lease area. Site Plan: The proposed area is depicted in green on the plan below.

3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Ron Potter – Co-ordinator Compliance and Local Disaster Heather Kelly – Co-ordinator Community Facilities and Services Ed French – Parks Manager



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6. CONCLUSION It is considered that this is an essential Community facility and is appropriate that part of Lot 74 be leased for use as a Rural Fire Brigade Station. 7. ATTACHMENTS: Nil

M11/11/12 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That Council offer a Trustee Lease to the Department of Community Safety on behalf of the Queensland Fire and Rescue Service, over part of Lot 74 on Crown Plan MZ826, Reserve R11076 for Local Government Purpose, situated at 9382 Burnett Highway, subject to the Minister’s consent and all Planning, Building, Design and Health matters being satisfactorily resolved, in Council’s Standard Trustee Lease format and the Mandatory Conditions imposed by the Department of Natural Resources & Mines, to include the following terms and conditions:

(a) Term of Lease – 10 years; (b) Rental - $100.00 pa + GST + CPI; (c) Use – Rural Fire Brigade Operations; (d) The Lessee to hold public liability insurance in a sum not

less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council; and

(e) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee.

Carried



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6/2 Request for Lease for The Palms Rural Fire Brigade PORTFOLIO: Social Wellbeing DIRECTORATE: Corporate Services Directorate AUTHOR: Debbie Jenkins, Manager Corporate Administration DOC ID: 1600212 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Palms Rural Fire Brigade is currently situated within the site known as “Ian Scougall Park”. The Brigade has been operating from this site for many years with support from Council. The Palms Community initially raised the required funds for construction of the building to house the fire brigade vehicle and associated equipment which also allowed for a community meeting area. The Palms Water Supply Association operates a water reticulation system from the Park. The building is also used by the Association for storage of equipment and a meeting place. 2. REPORT Property Address: Lot 79 on Crown Plan LX2324 – 103 Palm Drive, The Palms. Tenure: Reserve R659 – Reserve for Park and Recreation which is held under the trusteeship of Gympie Regional Council. Current Use: Park land, fire brigade shed and shed for water supply equipment. Environmental Management and Contaminated Land issues: The property is not currently listed on the Environmental Management Register or the Contaminated Land Register.



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Locality Plan: The area cross-hatched indicates the approximate proposed lease area.

The Department of Community Safety has requested tenure by way of a Trustee Lease over an area containing The Palms Rural Fire Brigade which will include an area of approximately 1500m2 to ensure that all infrastructure is contained within the lease area. The building is also known as The Palms Community Hall, which is utilised by the Palms Water Supply Association Inc, for storage of equipment and the holding of regular meetings. This group has a very long association with the site having been formed to manage the water reticulation supply for the Palms subdivision area, which was installed in the early 1980’s. Discussions with former and current members of both groups, has identified the requirement to work together for the benefit of the community in order to assist in protecting the surrounding area. The Acting Director of Queensland Fire and Rescue Service, Maryborough Region, has advised that the Rural Fire Brigade Manual (section D5.1.3 Use of Fire Stations) does provide for “third party” groups to be able to use their facilities. As part of this arrangement, a Memorandum of Understanding will be required to provide indemnity to the Rural Fire Brigade.



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3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Brian Dale – Queensland Fire and Rescue Service, Maryborough Darryl Venz – Chief Officer and Area Warden, The Palms Rural Fire Brigade Peter Mort – The Palms Water Supply Association Inc Ed French – Parks Manager Heather Kelly – Co-ordinator Community Facilities & Services Ron Potter – Co-ordinator Compliance & Local Disaster 6. CONCLUSION It is considered that this is an essential Community facility and is appropriate that part of Lot 79 be leased for use as a Rural Fire Brigade Station. 7. ATTACHMENTS: Nil



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M12/11/12 Moved: Cr J.A. Walker Seconded: Cr M.A. McDonald

That Council offer a Trustee Lease to the Department of Community Safety on behalf of the Queensland Fire and Rescue Service, over part of Lot 79 on Crown Plan LX2324, Reserve R659 for Reserve for Park and Recreation situated at 103 Palm Drive, The Palms, subject to the Minister’s consent and all Planning, Building, Design and Health matters being satisfactorily resolved, in Council’s Standard Trustee Lease format and the Mandatory Conditions imposed by the Department of Natural Resources & Mines, to include the following terms and conditions:


less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council;

(e) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee;

(f) That an Memorandum of Understanding be entered into between the Department of Community Safety on behalf of the Queensland Fire and Rescue Service to acknowledge the existing use by The Palms Water Supply Association Inc. and a copy provided to Council prior to the registration of the lease.

Carried



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6/3 Request for Lease for Woolooga Rural Fire Brigade

PORTFOLIO: Social Wellbeing DIRECTORATE: Corporate Services Directorate AUTHOR: Debbie Jenkins, Manager Corporate Administration DOC ID: 1587890 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Woolooga Rural Fire Brigade is situated within the site known as the “Lower Wonga Hall”. The Brigade has been operating from this site for many years with support from Council. 2. REPORT Property Address: Lot 160 on Crown Plan LX1159 – 7 Lower Wonga Hall Road, Lower Wonga Tenure: Freehold - Gympie Regional Council is the registered owner and Trustee under Nomination of Trustees No A347959 Current Use: Community Hall and Rural Fire Brigade Shed Environmental Management and Contaminated Land issues: The property is not currently listed on the Environmental Management Register or the Contaminated Land Register.



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Locality Plan:

The Department of Community Safety has requested tenure by way of a Lease over an area containing the Woolooga Rural Fire Brigade which will include an area of approximately 1,200m2 to ensure that all infrastructure is contained within the lease area. The brigade has operated from this site with no formal land or access tenure for many years. The fire brigade shed is located at the rear of the Lower Wonga Hall with access being provided through Lot 115 LX703 which is a Reserve for Recreation with Council as trustee. Site Plan:



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3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Ron Potter – Co-ordinator Compliance & Local Disaster Heather Kelly – Co-ordinator Community Facilities & Services Ed French – Parks Manager 6. CONCLUSION It is considered that this is an essential Community facility and is appropriate that part of Lot 160 be leased for use as a Rural Fire Brigade Station. 7. ATTACHMENTS: Nil

M13/11/12 Moved: Cr M.W. Curran Seconded: Cr A.J. Perrett That Council offer a Lease to the Department of Community Safety on behalf of the Queensland Fire and Rescue Service, over part of Lot 160 on Plan LX1159 situated at 7 Lower Wonga Hall Road, Lower Wonga, subject to all Planning, Building, Design and Environmental Health matters being satisfactorily resolved, in Council’s Standard Freehold Lease format to include the following terms and conditions:


less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council; and

(e) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee.

(f) That access is to be maintained through Lot 115 LX703.

Carried



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6/4 Trustee Lease for Cooloola Coastcare Association Inc.

PORTFOLIO: Social Wellbeing DIRECTORATE: Corporate Services Directorate AUTHOR: Debbie Jenkins,

Manager Corporate Administration DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Cooloola Coastcare Association Inc has been successful in obtaining funding for the construction a shed for the purpose of storage and an office and seeks a lease over part of Council’s Reserve for Showground, Recreation and Racecourse at Tin Can Bay. 2. REPORT Property Address: Lot 69 on Crown Plan CP910971, Reserve R1629, located at Tin Can Bay Road, Tin Can Bay Tenure: Council is Trustee of the Reserve for Showground, Recreation and Racecourse. Current Use: Recreational activities



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Locality Plan:

Site Plan:

Cooloola Coastcare Association Inc has been operating for many years at Tin Can Bay and has now received funding from the Gambling Community Benefit Fund to enable them to construct a building to accommodate an office and storage area. Discussions have been held with current users of the site and identified a suitable area to enable both Cooloola Coastcare Assoc Inc and Cooloola City Farm Nurseries Inc to be able to successfully share resources.

Proposed site for Coastcare



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3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Heather Kelly, Co-ordinator Community Facilities & Services Ed French, Parks Manager Amy Gosley, Environmental Planning Officer 6. CONCLUSION It is considered that this is an essential Community facility and provides a valuable Environmental Service to the coastal community. It is appropriate that part of Lot 69 be leased for use by the Cooloola Coastcare Association Inc.

7. ATTACHMENTS: Nil

M14/11/12 Moved: Cr R.A. Gâté Seconded: Cr W.W. Sachs That Council offer a Trustee lease to the Coooola Coastcare Association Inc over part of Lot 69 on Crown Plan CP190971 at Tin Can Bay Road, Tin Can Bay subject to the Minister’s consent and all Planning matters, the Nature Conservation Act, and Building, Design and Health matters being satisfactorily resolved, in Council’s Standard Trustee Lease format and the Mandatory Conditions imposed by the Department of Natural Resources & Mines, to include the following terms and conditions:

(a) Term of Lease – 10 years; (b) Rental - $100.00 pa + GST + CPI; (c) Use – Community Facility; (d) The Lessee to hold public liability insurance in a sum not

less than $20,000,000.00 or such other amount that Council shall determine from time to time in the name of the Lessee and Gympie Regional Council;

(e) All costs associated with the preparation, stamping and registration of the Lease be borne by the Lessee; and

(f) The current area identified in the Management Agreement to Cooloola City Farm Nurseries Inc be amended accordingly;

(g) The Management Plan for the Reserve be amended accordingly;

(h) The colour of the shed needs to be in keeping with the amenity of the area.

Carried



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6/5 Regional Arts Development Fund Out of Round Applications

PORTFOLIO: Social Wellbeing DIRECTORATE: Community Services AUTHOR: Kara Peters – RADF Liaison / Youth and Community Development Officer DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 5.4 A valued heritage and creative community Operational Plan: 5.4.1 Increased opportunities for local artists to gain skills in developing their artistic practices.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION

Arts Queensland provides funding to Queensland Councils to administer the Regional Arts Development Fund (RADF) Program in accordance with the RADF Guidelines. Gympie Regional Council has submitted an Annual Bid to deliver arts and cultural activities pursuant to the RADF Program in its local government area and has signed an Agreement that specify’s terms and conditions. [Extract from - Arts Queensland RADF Funding Agreement 2011-12, 4. Obligations of the Council, Item 4.2 ] The Council must:

a) use the Approved Allocation solely and exclusively for the Approved Purpose; b) manage and conduct the RADF Program in accordance with the Guidelines and RADF Resources; c) manage and conduct the RADF Program and its obligations under this Agreement in a competent, professional and financially responsible manner, diligently, effectively and to a high professional standard; d) appoint a RADF Liaison Officer to perform the functions contained in the Guidelines; e) establish a RADF Committee to perform the functions contained in the Guidelines; f) keep proper and adequate accounts and records in relation to the RADF Program and the Approved Purpose;



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g) record all expenditure and income relating directly or indirectly to the Approved Purpose separately from the Council's other income and expenditure; h) submit a list of proposed local variations to the RADF Guidelines to Arts Queensland for approval to implement such variation; and i) upon approval from Arts Queensland, include the approved list of local variations to the RADF Guidelines as Schedule 3 to this Agreement.

2. REPORT The RADF committee advises that six (6) applications have been received for Round 1 12/13 of which three (3) are recommended for funding. Total amount of funding requested for endorsement for Round 1 12/13 is $11 456.00. All applications have been assessed by the RADF Committee ensuring compliance with Council Policy and Procedures and compliance with Arts Queensland RADF criteria. The following applicants have been recommended for funding approval.



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Applicant Project Summary RADF Category Grant

Requested $

Recommended Grant $

Mrs Peggy Howe

Holding a workshop to develop the skills of developing artists both young and old in our local area.

Developing Regional Skills $1,950 $1,950

Gympie and District Show Society

Employing 2 curators for a community exhibition at the Gympie Regional Gallery, to celebrate the 125th Gympie Show - a visual time-line

Contemporary Collections/ Stories

$6,806 $6,806

Queensland Rural Women's Network

To offer QRWN members an opportunity to extend knowledge and grow capacity in collating, storing and sharing archival material covering the first 20 years of the organisation.

Building Community Cultural Capacity

$2,700 $2,700

3. BUDGET IMPLICATIONS There is adequate funds allocated to RADF in the 2012-13 Budget 4. POLICY IMPLICATIONS N/A 5. CONSULTATION RADF Committee 6. CONCLUSION There is a low level corporate risk to Council as relevant policies and procedures have been followed. 7. ATTACHMENTS: N/A



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M15/11/12 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That Council endorse the grants as recommended by the RADF Committee as outlined in the report.

Carried



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6/6 Allocation of Parks Contributions for Surveillance Cameras in Nelson

Reserve PORTFOLIO: Social Wellbeing DIRECTORATE: Engineering Services AUTHOR: Parks Manager DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 2.1 / 2.3 Operational Plan: 2.1

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Ongoing vandalism at Nelson Reserve is continuing to be a significant concern. The police have been involved in investigating recent cases of vandalism and in discussion with them surveillance cameras are deemed to be a viable control method. 2. REPORT The purpose of this report is to request Councillors to consider the allocation of Parks Contributions for the purchase and installation of surveillance cameras & recording equipment at Nelson Reserve, for the recording of vandalism to Council property including the public amenities, performance stage and playground entrance, and to act as a deterrent to vandalism of Council property. As Councillors may be aware, there have been a number of instances of significant damage to the public amenities and park infrastructure in Nelson Reserve over the past few months, with vandalism still ongoing. Most recent vandalism has included damaging beyond repair of an aluminium bench seat at the playground, total destruction of an advanced tree planted to create shade in coming years, and damage to two other trees planted adjacent to the playground. A recent meeting of Council officers and a local supplier identified a plan for installation of a number of cameras that would enable adequate coverage of the following;

Public amenities, Performance stage, Eastern section of the playground,



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Northern area of the car parks to the west of the swimming pool complex, A section of the Jaycee Way car park Community hardstand

The estimated cost of works in total is no greater than $32,000. Additional capacity will be allowed for future expansion of coverage to cater for a future bus interchange area planned for Jaycee Way. Some additional capacity within conduits where required will also be considered for future installation of cameras at the skate park if determined to be required as part of any upgrades to the facility. With the nearing completion of the performance stage, it may be advisable to implement the installation of any cameras and poles at the earliest opportunity to offer some level of deterrence to vandalism of this facility. Staff have already contracted a suitable supplier to install cabling in to the ceiling of the performance stage during the construction phase to reduce the likelihood of damaging the building to do the same at a later time. Council staff have met with Police at Nelson Reserve following a recent act of vandalism. Surveillance cameras at the location were discussed with the Police agreeing that they are an effective deterrent. Council staff will consult with the Police as to the most suitable locations for CCTV cameras at Nelson Reserve. The equipment would be the same or similar to that installed at the Lake Alford Playground. It continually records images only and these images are then available to staff, security or Police to view after any incidents of damage or interest. 3. BUDGET IMPLICATIONS There is currently a balance of $340,000 in the Parks Contributions fund for Gympie/Southside/Jones Hill/Chatsworth. It is proposed that this will be the source of the maximum $32,000 required for the works. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Police Parks portfolio holder Internal staff



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6. CONCLUSION Surveillance cameras have proven to be a significant deterrent in other Gympie areas. 7. ATTACHMENTS Nil

M16/11/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That Council allocate $32,000 from non-committed Parks Contributions, from Gympie / Southside / Jones Hill/Chatsworth, for the purchase and installation of surveillance cameras in Nelson Reserve.

Carried



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6/7 Proposed Council Contribution to Sports Associations funding

applications PORTFOLIO: Social Wellbeing DIRECTORATE: Engineering Services AUTHOR: General Manager Works DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 1.2, 1.3 Operational Plan: 2.1

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council is aware of a Qld State Government Sport and Recreation funding round that is available only to eligible sport and recreation organizations. 2. REPORT It is proposed that Council assist the relevant organizations to further improve facilities at three regional level Council maintained sporting facilities. It is recognized that the return on Councils funds on successful applications is better than normally available to Council on direct State funding rounds. Due to the short time frame between opening and closing of the funding round, it has been necessary to investigate and prepare this report with discussions with representatives of each organization expected to make funding applications, with those organizations still to possibly undertake further consultations within. The following projects may alter in total project costs and details, but it is understood that should Council allocate the funds, there will be no further amounts available for project alterations or for payment of GST. Proposed projects and Council Contribution amounts BMX – One Mile Ovals - Construction of 6 metre start ramp and gate - Upgrade of lighting



66

Project Costs Summary - Total estimated cost $115,500 - Council contribution of $23,100 - State Government contribution of $92,400 required - Cooloola BMX will be liable for payment of applicable GST Gympie Touch Association – Albert Park - Upgrade of lighting on Touch Fields 1 & 2

Project Costs Summary - Total estimated Cost $126,600 - Council contribution $25,320 - State Government contribution of $100,000 (funding maximum) - Gympie Touch contribution $1,280 + GST component $12,600 = $13,880

Gympie Junior Rugby League - Jack Stokes Oval - Upgrade of lighting, and provision of additional lighting for training area

Project Costs Summary - Total estimated cost $141,000 - Council contribution $28,200 - State Government contribution $100,000 (funding maximum) - Gympie Junior Rugby League will be liable for payment of applicable GST, and remainder of funds required, $26,900

Gympie Recreation Association – Albert Park - Upgrade of lighting on western end of top oval - Upgrade of lighting of practice wickets

Project Costs Summary - Total estimated cost $86,600 - Council contribution $17,320 - State Government contribution of $69,280 required - Gympie Recreation Association will be liable for payment of applicable GST



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Gympie Junior Cricket - One Mile Ovals - Construction of a new wicket block and provision of two sight screens at Jack Ison Oval.

Project Costs Summary - Total estimated cost $87,500 - Council contribution $17,500 - State Government contribution of $70,000 required. - Gympie Junior Cricket will be paying applicable GST of $8,750

One Mile Sports Association – One Mile Ovals - Upgrade of lighting at Jim Geiger Oval

Project Costs Summary - Total estimated cost $96,000 - Council contribution $19,200 - State Government contribution of $76,800 required. - One Mile Sports Association will be liable for payment of applicable GST.

3. BUDGET IMPLICATIONS The expected large number of competitive funding applications from across the State will ensure that it is unlikely that all of the above applications will be successful. However, each application will require a commitment from Council of the Council funds being allocated to that project application. The total possible funding allocations from Parks Contributions is $130,640. It is more realistic though that the amount proposed to be contributed by Council will be less than this. It is proposed that Council approve the allocation of $130,640 with a Minute committing the individual amounts for each project for the purposes of the funding application and that the funds be allocated from Parks Contributions from the following two catchments; Pie Creek/Mooloo/Glastonbury/The Palms - $105,640 -Traveston/Cedar Pocket/Wolvi/Goomboorian - $25,000 It is also proposed that the allocated funds are only available should the applications be successful for the current funding round.



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4. POLICY IMPLICATIONS Nil 5. CONSULTATION Council Portfolio Holders and Workshop representatives. Cooloola BMX Gympie Touch Association Gympie Junior Rugby League Gympie Recreation Association Gympie Junior Cricket One Mile Sports Association 6. CONCLUSION The State funding arrangement represents good value for money. The regional facilities nominated have long been identified for upgrades. 7. ATTACHMENTS Nil

M17/11/12 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That Council allocate Parks Contributions of the following amounts to the following organisations for projects at the noted Regional Sporting Facilities; BMX – One Mile Ovals $23,100 Gympie Touch Association – Albert Park $25,320 Gympie Junior Rugby League - Jack Stokes Oval $28,200 Gympie Recreation Association – Albert Park $17,320 Gympie Junior Cricket - One Mile Ovals $17,500 One Mile Sports Association – One Mile Ovals $19,200 Further, that Council approve a possible total allocation of Parks Contributions of $130,640 from; - Pie Creek/Mooloo/Glastonbury/The Palms $105,640 - Traveston/Cedar Pocket/Wolvi/Goomboorian $25,000 Further, that Council inform the above sporting organizations that the allocated funds are only available for projects in the current Queensland State Government funding round.

Carried



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SECTION 7: HEALTH & ENVIRONMENT 7/1 Policy for distribution of the Environment Levy for Community Group

Grants PORTFOLIO: Health and Environment DIRECTORATE: Planning and Development AUTHOR: Environmental Planning Officer – A. J. Gosley DOC ID: 6-5-04-0001 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan – Environment – 4.3 responsibly managed environmental practices. Operational Plan - 4.4 Environmental Planning - Objective: To provide and preserve a safe and attractive natural and built environment by the protection, maintenance and development of the Region's natural amenity, open spaces, foreshores and waterways in accordance with local community needs and preferences.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Previous Council consideration: M03/07/12 – That Council agrees to a review and rewrite of the Environment and Natural Resource Community Group Grant Policy and that the policy be renamed: ‘Policy: Distribution of the Environment Levy for Community Group Grants’. Furthermore, that the quantum allocated to community groups also be reviewed as part of this process. 2. REPORT Introduction Council at its July meeting agreed to a review and rewrite of the policy for distribution of the Environment Levy to Community Groups. This has been undertaken and is attached to this report for Councils consideration.



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This policy is designed to be user friendly and has been written using knowledge from past experience with the distribution of the Environment Levy to the Community Groups over the past several years. A fact sheet for the community and assessment criteria to be used by officers assessing applications has been created to work with this policy. Once the policy has been adopted by Council a review of the application and reporting forms will commence. Quantum The quantum that has been calculated in the updated policy is based on the previous year’s allocations which, in 2009 commenced at $110,000.00 plus CPI each year. This financial year the Community Groups received a total of $118, 220.00 from the Environment Levy. Based on the suggested allocation of 17% in the updated policy this would equate to $122,731.50 if this formula was used to calculate the Community Group allocation for the 2012/2013 financial year. 3. BUDGET IMPLICATIONS In accordance with this Policy, funding is available for Community Groups from the Environment Levy. 4. POLICY IMPLICATIONS 5. CONSULTATION Director of Planning & Development Health & Environment Portfolio Councillor Parks Manager The local NRM Community Groups were contacted and asked if they would like to comment on the existing policy (PR-PD-011). Only one group of the four groups asked provided comments. 6. CONCLUSION The review and rewrite of the policy has been aligned with Councils priorities (using the Community Plan, Corporate Plan, Operational Plan and the Environment Strategy), to ensure that the policy is user friendly and easily applied in the assessment of applications submitted by community groups. 7. ATTACHMENTS ATTACHMENT 3 - Policy for the distribution of the Environment Levy for Community Group Grants



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M18/11/12 Moved: Cr W.W. Sachs Seconded: Cr I.T. Petersen

That Council adopts the updated policy PR-PD-011 ‘Policy for distribution of the Environment Levy for Community Group Grants’ as presented in the attachment of this report.

Carried



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7/2 Lands Protection Pest Survey Program (January to December 2012)

PORTFOLIO: Health & Environment DIRECTORATE: Engineering Services AUTHOR: Lands Protection Manager DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: 3.1(iii), 3.2, 3.3

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council, under Section 241 of the Lands Protection (Pest & Stock Route Management) Act 2002, must approve by resolution a Pest Survey Program. This then allows Council’s authorised Officers to enter properties to monitor compliance with this Act. Compliance notices may result from these programs. 2. REPORT

LAND PROTECTION (PEST AND STOCK ROUTE MANAGEMENT) ACT 2002 (SECTION 241)

PEST SURVEY PROGRAM Areas to be covered in this Program Property inspections throughout the following areas will be conducted by Council Officers authorised under Section 244 of the Act during the Program: Area 1 – East of Mary River in the Gympie Regional Council Area Area 2 – West of Mary River in the Gympie Regional Council Area Criteria for Selection of Above Area The area is a position of the local government area for which inspection by Council officers is feasible and the area is considered a high priority for all pests declared under the Lands Protection (Pest and Stock Route Management) Act 2002 in accordance with the Local Government Area Pest Management Plan.



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Purpose of the Program • To monitor compliance with the Land Protection (Pest and Stock

Route Management) Act 2002 in relation to declared pests. • To monitor compliance with Council’s Pest Management Plan. • To aid in monitoring/mapping the distribution and spread of

declared pests. • To promote landowners Best Practice in the treatment of

declared pests. • To ensure that persons or organisations holding Declared Pest

Permits are complying with the requirements of the Land Protection (Pest and Stock Route Management) Act 2002 and Land Protection (Pest and Stock Route Management) Regulation 2003.

Inspections will be conducted on urban, commercial and rural properties within the area/s stated above. In addition to this program, places open to the public, such Plant Nurseries, Pet Shops, Landscape Garden Suppliers, Seed Merchants, Stock Fodder Suppliers and Quarry Material Suppliers, will be inspected from time to time by Council authorised officers to monitor and ensure compliance with the Land Protection (Pest and Stock Route Management) Act 2002 and Regulation 2003. Commencement and Duration of Surveys: The survey of Area 1 will commence on the: • 1 January 2013 and will be in force for a period of 3 months,

expiring on 31 March 2013. • 1 April 2013 and will be in force for a period of 3 months,

expiring on 30 June 2013. • 1 July 2012 and will be in force for a period of 3 months,

expiring on the 30 September 2013. • 1 October 2012 and will be in force for a period of 3 months,

expiring on the 31 December 2013.

The survey of Area 2 will commence on the: • 2 January 2013 and will be in force for a period of 3 Months,

expiring on 1 April 2013. • 2 April 2013 and will be in force for a period of 3 months,

expiring on 1 July 2013. • 2 July 2013 and will be in force for a period of 3 months,

expiring on 1 October 2013. • 2 October 2013 and will be in force for a period of 3 months,

expiring on 1 January 2014.



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3. BUDGET IMPLICATIONS Lands Protection Budget 4. POLICY IMPLICATIONS A ‘Pest Survey Program’ implemented through resolution allows Authorised Officers (under the Act) to enter lands. This process ensures that Council staff enter land legally. 5. CONSULTATION General Manager Technical Services 6. CONCLUSION Advertised Council endorsed Pest Survey Programs ensure that Council’s Lands Protection Officers will legally enter land throughout the region. This will ensure Lands Protection Officers are able to perform their duties appropriately. 7. ATTACHMENTS: Nil

M19/11/12 Moved: Cr A.J. Perrett Seconded: Cr W.W. Sachs That Council approve the Pest Survey Programs (as presented) under Section 241 of the Lands Protection (Pest and Stock Route Management) Act 2002 for the area west of the Mary River (Area 2), the survey durations will be 2 January 2013 until 1 April 2013, 2 April 2013 until 1 July 2013, 2 July 2013 until 1 October 2013 and 2 October 2013 until 1 January 2014. For the area east of the Mary River (Area 1), the survey durations will be 1 January 2013 until 31 March 2013, 1 April 2013 until 30 June 2013, 1 July 2013 until 30 September 2013 and 1 October 2013 until 31 December 2013.

Carried



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SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT 8/1 Gazettal of Annual Gympie Show Holiday for 2013

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate Services Directorate AUTHOR: Debbie Jenkins, Manager Corporate Administration DOC ID: 1603538 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.1 respectively

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council previously resolved through Minute No. M10/08/12, as follows: ‘That Council makes an application to the Department of Justice and Attorney-General for the gazettal of the 2013 Annual Show Holiday for the Gympie Region as follows: 1. Friday, 17 May 2013 for the Gympie Regional Show; and 2. Monday, 12 August 2013, being the Monday preceding the Royal Queensland Show Holiday, for the Goomeri township, Parish of Goomeribong; and 3. Following receipt of advice of the gazetted dates that the Gympie and District Show Society Inc., Goomeri State School P-10 and the Goomeri Parents’ and Citizens’ Association be advised accordingly.’ 2. REPORT Subsequent to Council’s resolution for the nominated Annual Show Holiday dates for the Gympie region for 2013, advice has been received from the Department of Justice and Attorney-General that the nominated dates have been duly appointed. 3. BUDGET IMPLICATIONS Nil 4. POLICY IMPLICATIONS Nil



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5. CONSULTATION Goomeri State School P-10 Goomeri Parents’ and Citizens’ Association Gympie and District Show Society Inc.

6. CONCLUSION Council has received the gazetted dates from the Attorney-General and Minister for Justice for the 2013 Show Holiday, and may now advise the relevant organisations. 7. ATTACHMENTS: Nil

M20/11/12 Moved: Cr J.A. Walker Seconded: Cr M.A. McDonald That Council notes the dates gazetted by the Attorney-General and Minister for Justice for the 2013 Annual Show Holiday for the Gympie Region and the following organisations, be advised accordingly:

1. Gympie and District Show Society Inc; 2. Goomeri State School P-10; and 3. Goomeri Parents’ and Citizens’ Association.

Carried



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8/2 Murri Munchies – Gympie Regional Council Associate Membership

PORTFOLIO: Governance and Economic Development DIRECTORATE: Office of the CEO AUTHOR: Economic Development Manager – Mrs L Wilbraham DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 2.1 Diverse Regional business and industry development Operational Plan: STRATEGIC DIRECTION: 2.1 Diverse regional business and industry development

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council has been approached by the Wide Bay Burnett based Murri Munchies Alliance (MM) to join the Alliance as an Associate Member. Established in 2011 MM is a Not for profit Organisation, registered with ASIC as a Company Limited by Guarantee. The main purpose of MM is to develop an alliance of enterprises which have an Indigenous agri-business focus. MM offers support for training, mentoring, production, business development, marketing, logistics, governance and administration to Members as they develop their business and social enterprise ventures. MM has two levels of membership:

• Active Members • Associate Members

2. REPORT The aims and objectives of MM align with Council’s focus on facilitating diversity in regional business and industry development and providing a supportive environment for enterprise development. The Alliance operates under a Board of Directors with the support of an Advisory/Audit Committee to support the Board and assist with organizational development.



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The organisation has also undertaken strategic planning activities to help guide the strategic direction, goals and initiatives for Murri Munchies into the future. The Alliance has direct links to the Gympie Region through the Mimburi Project – a culturally significant property in the Mary Valley where opportunities are being developed in eco tourism, agricultural, cultural and natural resource management. Murri Munchies Project officer, Mr Andrew Normoyle, has also initiated discussions about the identification of suitable property in the Gympie Region for purchase or lease to help expand opportunities for agricultural production. This will present opportunities in the Gympie Region to diversify the agribusiness sector, explore the potential for product value-adding, processing and packaging. Murri Munchies Associate Members include, North and South Burnett Regional Councils, Cherbourg Aboriginal Shire Council and Bundaberg Regional Council. As outlined in attached Murri Munchies Memorandum of Understanding: Associate Members: Associate members are those business entities and/or organisations invited by the MM Board of Directors. Associate Members may supply goods and/or services in partnership with MM alliance active member/s: 4.2.1 May attend open MM alliance meetings 4.2.2 Have no voting rights at MM alliance meetings 4.2.3 Act with a respect and support to other alliance members 4.2.4 Conduct themselves in accordance with the MM Confidentiality Agreement 4.2.5 Provide regular feedback to their respective organisation members 4.2.6 Contribute an annual subscription payment of: • Enterprise (<5 employees) $100.00 • Enterprise (6 to 100 employees) $250.00 • Enterprises (>100 employees) $500.00 • Regional Councils $250.00 All subscriptions shall be due annually on the 1st July. 4.2.7 Provide expertise and support to the Management Committee, Board of Directors and Active Members as required 4.2.8 Comply with MM policies and procedures



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4.2.9 Membership may be terminated at the discretion of the Board of Directors 3. BUDGET IMPLICATIONS Funding of $250 for Gympie Regional Council to join Murri Munchies as an Associate Member is available through Council’s Economic Development Budget. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Cr Ron Dyne – Mayor, Gympie Regional Council Cr Tony Perrett – Gympie Regional Council Mr Bernard Smith – CEO, Gympie Regional Council Mr Andrew Normoyle – Project Officer, Murri Munchies Mr Andrew Jackson – Director Community and Cultural Services, North Burnett Regional Council Mr Phil Harding – Manager Business & Economic Development, South Burnett Regional Council 6. CONCLUSION Council’s support is sought to join Murri Munchies as an Associate Member. 7. ATTACHMENTS: ATTACHMENT 4 - Memorandum of Understanding – Murri Munchies

M21/11/12 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That Gympie Regional Council sign the attached MOU and join Murri Munchies as an Associate Member.

Carried



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8/3 Local Government Grants and Subsidies Program – Infrastructure

Subsidy PORTFOLIO: Governance and Economic Development DIRECTORATE: Office of the CEO AUTHOR: Economic Development Manager – Mrs L Wilbraham DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 2.1 Diverse Regional business and industry development Operational Plan: STRATEGIC DIRECTION: 2.1 Diverse regional business and industry development

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The Queensland Government has committed $12.5 million in 2012-13 to assist Queensland councils in delivering priority infrastructure that meets the need of their communities. This funding commitment, the LGGSP Infrastructure Subsidy (LGGSPIS), is administered by the Department of Local Government. The LGGSPIS aims to provide funding assistance to eligible applicants to enable them to deliver priority infrastructure that meets the need of their communities. This funding allocation will be prioritised to those councils that have a limited capacity to self-fund essential projects. Council was awarded $63000 in funding under the 2011 round of LGGSP for improvements to the Lake Alford Recreation Reserve. 2. REPORT The objectives of the LGGSPIS are to support eligible applicants with the capital costs of essential infrastructure construction and upgrade works that:

• support economic development activities • respond to growth pressures • meet identified needs and priorities of local communities



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• are supported by the community.

Projects identified for funding applications in the 2012 round are: • Phil Rogers Park BBQ and Shelter Facility Upgrade - Rainbow Beach • Improving Accessibility to Kilkivan and Goomeri Halls • Lighthorse Oval Gympie - Infrastructure Upgrade • Gympie City Entry Statement Signage • Gympie Saleyards - Shade Sail Installation

The outcomes which will be delivered through these projects are in line with the desired outcomes of the funding provided. As the applications had to be lodged by 12th October, this report is to obtain the endorsement of Council for the applications lodged. 3. BUDGET IMPLICATIONS The LGGSPIS will allocate funding based on a subsidy rate of up to 40 per cent of the eligible project costs. Funding for identified projects is available through Gympie Regional Council’s budget. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Cr Ron Dyne – Mayor, Gympie Regional Council Cr Tony Perrett – Gympie Regional Council Mr Bernard Smith – CEO, Gympie Regional Council Mr Bob Fredman – Director of Engineering Services Mr Lawry O’Brien – General Manager Design Division/Deputy Director Engineering Mr Ed French – Parks Manager Ms Heather Kelly – Co-ordinator Community Facilities & Services 6. CONCLUSION The outcomes which will be delivered through these projects are in line with the desired outcomes of the funding provided. 7. ATTACHMENTS: ATTACHMENT 5 - LGGSPIS projects 2012

M22/11/12 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker That the Funding Applications be endorsed.

Carried



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8/4 Request for Lost Discount on Rates - Various

PORTFOLIO: Governance and Economic Development DIRECTORATE: Financial Services AUTHOR: Director of Financial Services DOC ID: 1602634, 1602710, 1602879, 1603238, 1603066, 1603799, 1605021, 1604958, 1606217 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan 3.4 Responsible corporate financial management

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION 2. REPORT Below is a list of ratepayers who have requested a reinstatement of lost discount due to unforseen circumstances and recommended action.

Assess

No Amount Reason Recommended

Action A6807 $60.54 Posted cheque late Disallow A6171 $74.35 Did not receive notice Disallow A19892 $57.84 Did not receive notice Disallow A19567 $60.70 Did not receive notice Disallow A14932 $60.04 In hospital Allow A6821 $377.91 Did not receive notice Disallow A6823 $256.15 Did not receive notice Disallow A17657 $40.86 Did not receive notice Disallow A40350 $53.95 In hospital Allow A6249 $82.50 Compassionate grounds Allow

3. BUDGET IMPLICATIONS Loss of revenue due to a write off of discount amounts. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Financial Services



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6. CONCLUSION 7. ATTACHMENTS: Nil

M23/11/12 Moved: Cr J.A. Walker Seconded: Cr A.J. Perrett That Council endorses staff action.

Carried



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8/5 Request to Waive Interest Charged on Rates - Various

PORTFOLIO: Governance and Economic Development DIRECTORATE: Financial Services AUTHOR: Director of Financial Services

DOC ID: 1605306 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan 3.4 Responsible corporate financial management

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION 2. REPORT Below is a ratepayer who has requested Council waive interest charged on rates due to unforseen circumstances and recommended action.

Assess

No Amount Reason Recommended

Action A23125 $336.40 Possible staff error Allow

3. BUDGET IMPLICATIONS Loss of revenue due to a write off of interest charged. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Financial Services 6. CONCLUSION 7. ATTACHMENTS: Nil

M24/11/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That Council endorses staff action.

Carried



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8/6 Request for Tender 2012/13 T-140 – Register of Pre-qualified

Suppliers Plant Hire

PORTFOLIO: Governance and Economic Development DIRECTORATE: Financial Services AUTHOR: Director of Financial Services – Y Oliver DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan 3.4.4 Conduct purchases in accordance with Council’s purchasing policy and procedures.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Gympie Regional Council (GRC) has limited plant and equipment to undertake the many tasks required to maintain and construct infrastructure within the boundaries of the council. This tender is for the hire of plant and equipment on an operational needs basis for a period of 12 months, with an option to extend the contract for two 12 month periods at Council’s sole discretion. 2. REPORT Tenders were advertised on Saturday 4 August 2012 in the Gympie Times and the Sunshine Coast Daily for the hire of plant and equipment for Council’s operational requirements. A total of 80 responses were received covering a broad variety of different plant and equipment. All tenderers were evaluated in conjunction with the Works Section for compliance with insurance, licensing, registration of plant and equipment, and WH&S requirements. 3. BUDGET IMPLICATIONS Within Budget Allocations 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Works Division



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6. CONCLUSION 7. ATTACHMENTS Nil

M25/11/12 Moved: Cr J.A. Walker Seconded: Cr M.W. Curran That Council approves the Register of Pre-qualified Suppliers arrangement 2012/13 T-140 Plant Hire for a period up to 12 months with two options to extend at Council’s sole discretion.

Carried



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SECTION 9: INFRASTRUCTURE

9/1 Contract 2012/2013-T520 - Plant Replacement – Plant No 174 6x4

water truck PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services AUTHOR: Fleet Manager DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN:

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Fleet Replacement Schedule FY 2012/2013 – minute M15/10/12 2. REPORT Tenders have been called and assessed for the replacement of Plant No 174 – 6x4 water truck. Three (3) truck suppliers offered three (3) truck options with two (2) water tank manufacturer options. Plant 174 – 6x4 water truck was offered for sale as a trade or for outright purchase. All truck suppliers offered a trade price and Council received two (2) offers to purchase from private buyers. The three (3) trucks offered are comparable machines and meet the tender specifications, all offer a five (5) year extended warranty option which is included in the detailed price re table 1. Council has a number of Hino trucks in the fleet, these machines have proven performance with very good Gympie based product support. Morgan Engineering is a Gympie based body builder, Council also has a number of these bodies in the fleet. The bodies have proven to be an excellent design and high build quality with local support when required. 6x4 Water trucks are generally in very high demand and often realize a high price at auction, the trade and private offers received are considered to be low when compared to current auction prices.



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Council has disposed of plant and equipment by auction previously and have received higher than trade prices on sort after equipment. Table 1

Supplier Make Model Body Builder

Full price exc GST

Existing vehicle trade offer exc GST

Change over with trade offer exc GST

Change over with best private offer exc GST

Hi-Way 1 Hino 2632 medium Morgan $223,716.80 $41,818.18 $181,898.62 $173,116.80

Hi-Way 1 Hino 2632 medium Felco $240,218.16 $41,818.18 $198,399.98 $189,618.16

Daimler Benz Fuso FV51 Felco $246,130.00 $40,000.00 $206,130.00 $195,530.00

Madill Isuzu Isuzu FXZ 1500M Felco $249,466.82 $50,000.00 $199,466.82 $198,866.82

PRIVATE OFFER 50,600.00 PRIVATE OFFER 45,000.00

3. BUDGET IMPLICATIONS Nil purchase as per purchasing and Fleet Replacement budget 4. POLICY IMPLICATIONS Nil 5. CONSULTATION Works Logistics Coordinator Works Crew supervisors Machine operators Workshop Supervisor Fitters and mechanics 6. CONCLUSION The Hino 2652 medium coupled with the Morgan Engineering water tank represent the best replacement option for Council at this time. 7. ATTACHMENTS: Nil

M26/11/12 Moved: Cr J.A. Walker Seconded: Cr R.A. Gâté That Council:

1. purchase one (1) Hino 2632 medium truck with Morgan Engineering water tank including extended truck warranty from Hi-Way 1 Truck and Tractor for $223,716.80 exc GST ($246,088.48 inc GST)

2. authorise the disposal of Plant 174 by auction at Pickles Auctions P/L plant and machinery Brisbane auction.

Carried



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ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 9.47am. RESUMPTION OF MEETING The Meeting resumed at 10.08am.



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SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES 10/1 Gympie Aquatic Centre Project

PORTFOLIO: Major Projects & Business Activities DIRECTORATE: Engineering Services AUTHOR: Director of Engineering Services LINK TO CORPORATE / OPERATIONAL PLAN:

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council has resolved to allocate funding in 2012/13 to commence the process of building a new aquatic centre in Gympie. The current facility is over 50 years old and has a range of deficiencies. 2. REPORT A project of this size requires an appropriate project management structure for it to be delivered in the required manner. There are a number of parties involved in a project governance structure.

Council – Makes decisions regarding the final project scope, funding and awards contracts. Stakeholder Advisory Group – Community engagement is an important element of any major project. Project Control Group – Ensures internal Council co-ordination. Project Manager – Responsible for the overall project delivery.

By Resolutions W39/05/07 and W40/05/07 Cooloola Shire Council determined to not dispose of the Tozer Park Road site, on the basis that it was a feasible location for a new aquatic centre. The Cooloola Open Space and Recreation Plan (2007) identified the Tozer Park Road site as a potential site for an aquatic centre. No other site was identified.



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The new Planning Scheme (due 2013) proposes that this site be zoned Sport and Recreation, in which an aquatic centre would be a good fit. By Resolution P03/03/12, Gympie Regional Council acknowledged receipt of an upgraded Tozer Park Road Sports Precinct Project Plan that included a potential aquatic centre on the corner of Tozer Park Road and Everson Road. The Tozer Park Road site is suitable for an aquatic centre because:

the land is Council owned and has no other long term use; Gympie State High School would benefit from the associated carpark; the land is a suitable size for a sports precinct; vehicular access is good and there is suitable parking area; it is reasonably level; there has been widespread publicity regarding the site and no objections have been received to date; and it is not subject to Q100 flooding.

The site does have some issues, such as geotechnical problems and overland flow, which will need to be considered as part of the design process. Council has allocated funds for the preliminary design phase. 3. BUDGET IMPLICATIONS Current stage will be within Budget. 4. POLICY IMPLICATIONS Project endorsed by Council. 5. CONSULTATION Not applicable at this stage. 6. CONCLUSION Decisions are required to enable the project to move to the concept planning stage. 7. ATTACHMENTS Nil



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M27/11/12 Moved: Cr M.A. McDonald Seconded: Cr I.T. Petersen

1. That Council adopt the Tozer Park Road site, Lot 1 on MPH

23160, as the location of the future Gympie Aquatic Centre. 2. That Council adopt the following roles and responsibilities

as the Governance Structure for the project: 2.1 Roles 2.1.1 Stakeholder Advisory Group

Mayor, Gympie Regional Council (Chair) Portfolio Councillors Gympie Gold Fins Swimming Club Gympie State High School Gympie Hydrotherapy Pool Steering Committee Department of National Parks, Recreation, Sport and

Racing Gympie Memorial Pool lessee Gympie South Swimming Club Gympie Gymnastics Club (adjacent use) Gympie District Netball Association (potential adjacent

use) PCYC Director of Engineering, Gympie Regional Council

(Secretary)

2.1.2 Internal Project Control Group Portfolio Councillor (Major Projects) Mayor Portfolio Councillor (Social Wellbeing) Chief Executive Officer Director Corporate & Community Services (or delegate) Director Planning & Development (or delegate) Youth & Community Development Officer Director of Engineering Services (Project Manager)

2.1.3 Other Parties to be consulted Access Advisory Committee Edmund Rice Foundation Everson Road/Fisher Lane Residents SCIC Local State and Primary Schools General public, by potentially a public meeting Gympie Lions Club Other service clubs



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2.2 Responsibilities

2.2.1 Stakeholder Advisory Group • advise on project scope • liaise with Consultant • identify external sources of funds • recommend staging plan if necessary • review detailed design • advise on on-going management options

2.2.2 Council • confirm site • endorse project scope • approve capital funding and operating funding • award detailed Design consultancy • approve final plans • award Building contract • determine on-going management plan

2.2.3 Project Control Group

• developing scope and financing • identify project risks and develop strategies • develop concept with Consultant • develop specifications • develop project costings (current and future) • develop timelines • recommend detailed design consultant • review design • recommend building contractor • develop ongoing management model • ensure internal co-ordination

2.2.4 Project Manager:

• arrange concept design consultant • call meetings - keep records • lodge applications as necessary • monitor and report progress • financial reporting • arrange inspections etc. • call tenders • manage contracts • site preparation • works coordination

Carried



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SECTION 11: WASTE MANAGEMENT 11/1 DrumMuster Collection Services

PORTFOLIO: Waste Management DIRECTORATE: Community Services AUTHOR: Ian Wolff – Health and Environmental Services Coordinator Doc ID: 1560192, 1545502, 1601992 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 4.1, 4.3 Operational Plan: 4.2

1. BACKGROUND AND PREVIOUS COUNCIL CONSIDERATION Council has previously received correspondence from Gympie and District Landcare Group Inc. advising that they will not continue facilitating the drumMUSTER program in Gympie due to financial considerations. drumMUSTER and Gympie and District Landcare Group Inc. have approached Council to continue the provision of the drumMUSTER drum collection service in Gympie either directly or providing financial assistance to Landcare. The former Cooloola Shire Council also previously considered requests from drumMUSTER to facilitate the drumMUSTER collection program at the Bonnick Road Waste Management Facility. Former Cooloola Shire Council Minute W36/05/01 “Recommend that Council decline the offer to join the drumMUSTER programme at this time and that the option to join be kept under review.” 2. REPORT drumMUSTER is a federally funded program which funds collection and recycling of agricultural chemical drums.



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Gympie and District Landcare Group Inc. has collected agricultural chemical drums from the former Cooloola Shire area at its Grove’s Road, Araluen, base, under the drumMUSTER program, since circa 2000. Prior to this, the drumMUSTER collection container was temporarily located at the Bonnick Road Waste Management Facility. Whilst the collection container was located at the Bonnick Road Waste Management Facility the program was still administered by Gympie and District Landcare Group Inc. Council has received correspondence from Gympie and District Landcare Group Inc. that they will not continue facilitating the drumMUSTER program in Gympie due to financial considerations. A search of Council’s records indicate that the lease of land from Council at 5 Groves Road, Araluen, by Gympie and District Landcare Group Inc. is not conditional upon Landcare’s facilitation of the drumMUSTER drum collection program drumMUSTER have approached Council to continue the provision of this service in Gympie. The Community Services Directorate has received advice from drumMUSTER that the drumMUSTER service in Gympie is principally used by one or two of the larger agricultural enterprises in the area. Gympie Regional Council (and formerly, the Kilkivan Shire Council) currently operates drumMUSTER collection points at the Kilkivan and Goomeri Waste Management Facilities. Council’s Engineering Services Directorate is responsible for the administration of this service in the former Kilkivan Shire Council area. Council staff have observed significant abuse of the drumMUSTER compounds at the Kilkivan and Goomeri Waste Management Facilities. This is particularly in relation to the unsupervised disposal of unwashed chemical drums (drumMUSTER requires triple-rinsing) and drums with chemical remaining in them, including spillage of chemical at the site. Chemical containers that have not been properly rinsed that contain residual amounts of chemical are not accepted for removal for recycling by drumMUSTER. The drumMUSTER program offers a small rebate for the collection of drums to assist the operator with the cost of supervising disposals, and also provides a bulk drum collection from the site on occasion. The rebate received from drumMUSTER is not likely to cover all of Council’s costs in properly facilitating this program. Council’s costs lie



96

in provision of administrative time, two drum inspectors (labour and training time), personal protective equipment, promotion of collections (paid advertising), travel time, and clean up/landfill costs for abused sites. In order to adequately supervise drumMUSTER collections at western landfill sites full time supervision would be required. Alternative recycling services exist for the collection of agricultural chemical drums, such as Chem Collect. Due to the low number of drumMUSTER users in Gympie, alternative drum collection directly from the large farms may be more appropriate. Due to the above concerns, it is considered that participation in the drumMUSTER program in Gympie would not be in the best interest of Council because it would not be utilised by a large enough number of farms to be resource/financially viable. Likewise, participation in the drumMUSTER program at Kilkivan and Goomeri has led to staff and plant resourcing issues and workplace health and safety issues associated with clean up of compounds. 3. BUDGET IMPLICATIONS Council has provided an amount of $3,080.00 in its 2012/2013 budget for Engineering Services to administer the drumMUSTER program in the former Kilkivan Shire Council area (reference 2610209). No additional funds have been made available in this years budget for the expansion of drumMUSTER activities in this area. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION drumMUSTER Regional Consultant (QLD & Northern Rivers, NSW) – Mr Colin Hoey Gympie and District Landcare Group Inc Michael Grant – Director, Community Services Grayden Curry – General Manager, Technical Services Division Cr. Ron Dyne - Mayor Cr. Michael Curran – Waste Management Portfolio Cr. Wayne Sachs – Health & Environment Portfolio Cr. Tony Perrett – Governance & Economic Development Portfolio 6. CONCLUSION The former Cooloola Shire Council previously considered the offer to join the drumMUSTER program and declined the offer. The ongoing



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issues at the drumMUSTER facilities located at the Goomeri and Kilkivan Landfills are causing significant problems at these facilities. 7. ATTACHMENTS Nil

M28/11/12 Moved: Cr A.J. Perrett Seconded: Cr M.W. Curran That the matter lay on the table until the Waste Management Strategy is adopted by Council.

Carried



98

11/2 JJ Richards & Sons Pty Ltd (ACN 000 805 425) Refuse Collection

Contract extension PORTFOLIO: Waste Management DIRECTORATE: Community Services AUTHOR: Michael Grant DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Refer to 4.3 Corporate Plan and Refer to 4.3.2 Operational Plan

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION The former Kilkivan Shire Council, Murgon Shire Council and Wondai Shire Council entered into a joint “Kerbside Refuse Collection” contract with JJ Richards & Sons Pty Ltd (ACN 000 805 425). The contract commenced 1/3/2006 and expires 1/9/2013 and includes provisions for extending the contract. It is proposed that this contract be extended until 30/6/2014. 2. REPORT JJ Richards & Sons Pty Ltd (ACN 000 805 425) have been carrying out kerbside refuse collections for 3 former Council areas including Kilkivan, Murgon and Wondai Shire Council's via a joint contract. This contract is due to expire on 1/9/2013. The contract includes relevant clauses (3.3, 3.4 and 3.5 of the conditions of contract) allowing, at Council’s sole discretion the extension of the contract by a further period of up to but more than 2 years. Officers from both Gympie Regional Council and South Burnett Regional Council recently met with representatives from JJ Richards & Sons Pty Ltd (ACN 000 805 425) to discuss a potential extension to the existing contract. There was mutual agreement that the contract could be extended through to the 30/6/2014. The proposed extension date for the JJ Richards & Sons Pty Ltd (ACN 000 805 425) contract aligns with the former Cooloola Shire Council's refuse collection contract with Cleanaway.



99

The expiry date alignment of both contracts will allow Gympie Regional Council to easily transition to one regional refuse collection contract come 30/6/2014. 3. BUDGET IMPLICATIONS Council reviews it's budget each year pursuant to contractual arrangements. 4. POLICY IMPLICATIONS Nil 5. CONSULTATION South Burnett Regional Council Officers JJ Richards & Sons Pty Ltd (ACN 000 805 425) Ian Wolff Paul Lofts Phil Parkman Cr Curran 6. CONCLUSION Extending the refuse collection contract with JJ Richards & Sons Pty Ltd (ACN 000 805 425) until 30/6/2014 will allow time for Council and staff to prepare for a regional refuse contract. 7. ATTACHMENTS: Nil

M29/11/12 Moved: Cr M.W. Curran Seconded: Cr A.J. Perrett That Council authorise the Director of Community Services to collaborate with South Burnett Regional Council to extend the refuse collection contract with JJ Richards & Sons Pty Ltd (ACN 000 805 425) from 1/9/2013 to 30/6/2014. The extension of this contract is to be on the basis that existing contract terms and conditions remain unchanged with the exception of Clause 3.3 of the conditions of contract (Extension of Term). Further that Council authorise the Mayor and CEO to execute relevant documentation relating to this matter.

Carried



100

SECTION 12: TOURISM & MARY VALLEY



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SECTION 13: GENERAL BUSINESS Campervan Motorhome Club of Australia Rally – 29th October 2012

Re: Campervan Motorhome Club of Australia Rally – 29th October 2012 From: Cr J.A. Walker Date: 29th October 2012

I attended the CMCA forum in Boonah on Friday 29th October in the hope of learning more about what these people are looking for and why should we get on the band wagon. There were a large number of councils from all over South East Qld in attendance. The CMCA Satellite City in Boonah has been in the pipeline for some years now and the figures are just astounding. There were 1010 vehicles, 1778 people and traders and lots of interested attendees at this gathering. Diane Warner the current chair of CMCA spoke about the challenges that have faced the group in the 26 years that they have been in existence with their now 64,000 members. There are approximately 400,000 registered RVs in Australia to date and more of these people are moving into self-contained units. They are not limited to retirees and 10% are not retirees and 15% are international tourists. The market is growing rapidly and the biggest portion of these owners are of the “Baby Boomer” era and they are looking for group buying power these days. These people contribute $3.2b to regional Queensland every year and travel 156 days on average on trips mostly between Easter and the Grand Finals. Most amount of time is spent in Out Back Queensland & North Queensland. On average they spend an average of $700 per week and are the biggest spenders of the travelling tourist trade. So what do we do about this? They need somewhere to par which is flat and has a ‘dump point’ handy. They like to be close to shopping centres and also want to be close to fuel, maintenance food and drinks. They stay 34% of time in caravan parks, 16% of time in non-commercial, free spots, 50% of people actually use both. 77% are prepared to pay up to $10 per night and 65% of information that they receive is “word of mouth” and so there is no way to hide anything. Not a lot of planning is needed to get the most out of this fast growing tourist trend. It is fast becoming a lifestyle with some people selling everything they have to live their life on the road. Of these RV people, 18% have pets, either dogs, cats or birds, 73% consider it important to



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support RV friendly towns. The highest ranking activities are Markets, heritage walks/tours, bush walking and beaches. The numbers are expected to grow a whopping 60% over the next 10 to 15 years. RV people are travelling bank accounts, according to Motoring Aust. There are over 500,000 people Australia wide and in Qld they hold 2 major rallies each year. Over 2,000 people regularly attend these events which benefit the town by spending of $1.5m to $2.5m and benefits the State in excess of $5m. These travellers live by a code of “Leave No Trace” and having a “RV Friendly” sign is a huge benefit to a town. There are 171 across Australia and 46 in Queensland. A registration is available by contacting CMCA. The State Government recognises the beneficial side of RVs and are planning to change some of the existing laws if need be. There was a move at the Rally to Form a SEQ group to promote this part of Australia. “They’re coming so Get Ready” was the catch phrase for the day.



103

Audit and Risk Management Committee Report Re: Audit and Risk Management Committee Report From: Cr I.T. Petersen – Chairman of Audit and Risk

Management Committee Date: 17 September 2012

Council’s Audit & Risk Management Committee met on Wednesday 13 September 2012. In accordance with Section 160 (1)(c) of the Local Government (Finance, Plans and Reporting) Regulation 2010, a written report is to be submitted to the Local Government about the matters reviewed at the meeting and any recommendations about those matters. This special meeting of the Committee was held for the purpose of reviewing the unaudited financial statements for the year ended 30 June 2012. Under Section 160 of the Local Government (Finance, Plans & Reporting) Regulation 2010 the draft general purpose financial statement must be reviewed by the Audit & Risk Management Committee prior to it being provided to the Auditor General or his authorised representative. This must happen as soon as practicable after the close of the financial year, but in any case, no later than 15 September.



104

Notice of Motion – Council Meeting Cycle

Re: Council Meeting Cycle From: Cr I.T. Petersen Date: 2 November 2012 I, Cr Ian Petersen, advise that I hereby give written notice that at the Ordinary Meeting of Council on 7 November 2012, I intend to move the following recommendation: “That the current portfolio system remains unchanged but council will have two meeting days per month open to the public. The format will be an initial meeting to make recommendations followed by a general meeting to endorse the recommendations of the previous fortnight's meeting. Further that workshops be conducted as and when required.” 1. COMMENT: Alternatively, and probably more logically, a General Meeting could occur first to endorse the previous fortnight's recommendations followed by a meeting to make recommendations to the next fortnight's General. This cycle would avoid the situation where decisions are given immediate force and would allow resolution of disputed decisions prior to entering into the legal process. This would result in potentially significant savings for Council and for the proponent. It would also be a step towards demonstrating that the decision making process is open and transparent. One would expect that this cycle would be no more staff time intensive. In any event, it is difficult to see how the claimed savings in staff time translate into dollars saved. This cycle would also align more closely with the spirit of the Local Government Act.



105

Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté That the current portfolio system remains unchanged but council will have two meeting days per month open to the public. The format will be an initial meeting to make recommendations followed by a general meeting to endorse the recommendations of the previous fortnight's meeting. Further that workshops be conducted as and when required.

Lost

M30/11/12 Moved: Cr A.J. Perrett Seconded: Cr W.W. Sachs That Council endorse the current portfolio responsibilities for Councillors and that the meeting schedule remain unchanged.

Carried



106

Local Government Association Queensland – 116th Annual Conference

Re: Local Government Association Queensland – 116th

Annual Conference – “Making a Difference – Growing Queensland’s Four Pillar Economy”

22nd to 25th October From: Cr R.A. Gâté Date: 5th November 2012 This conference was attended by Mayor Ron Dyne, Cr Ian Petersen, CEO Mr Bernard Smith and Cr Rae Gâté. Minister Crisafulli gave an official opening and welcome to Brisbane. The Minister paid tribute to Cr Paul Bell and the years of service given to the LGAQ. The Minister went on to say that 2013 will see more break down of bureaucracy. He also supported the best way to deliver for the communities is Council. Council is a partner in service delivery - eg Graffiti Stop. $63 million will be available for councils this year through local government grants and subsidies. There is relief coming for depreciation schedules. The Minister sees Councils becoming more cutting edge re service delivery and that Councils will be working together to save dollars. With regards to the 2012 Local Government Election – it has been the biggest turnover change in Councillors since war. Cr Paul Bell Thanks to Minister Crisafulli for his kind words. He then requested that all the newly elected Mayors and Councillors stand up - majority of the conference stood up. (Question Local Government election- why so many new? What was the reason for the change?) Thanked all for support throughout the term on LGAQ. Cr Bell went on to say that he had enjoyed his 8 years as President. Cr Bell will be standing for National ALGA. Professor Daniel Isenberg, Harvard Business School. Making a Difference – keynote address. Contrarian view Gave various examples of businesses across the globe and how they have succeeded. Eg Sabis,Local Motors,Tuff Mudders.



107

Productivity Panel Greg Hallam CEO, LGAQ. Greg Jensen – Group Manager Community and Customer Services, Redland City Council Steve Crowe – CEO, Propel Partnerships Carl Wulff – CEO, Ipswich City Council Ian Maynard – Chief Executive, Public Service Commission.

• $900 million deficit currently. • Internal service delivery/External service delivery • Engaging people in a broad spectrum of hours. • Discussion regarding having some transactions on apps to save

customers time. • Need to be sustainable medium to long term. • Serve the community without increasing dollar cost to

community where possible.

• Rate arrears for Ipswich 2.5 per cent. • Customer contact was below 50 per cent. • Majority of calls now are solved or answered by the first point of

contact. The customer is not moved to a few different persons. • Survey customers every 3 months. Black and white simple

questions - satisfied or not satisfied. • Last survey 85 per cent satisfaction. This includes local laws

parking, planning etc. • Parochiality is detractive from being productive within Council.

Ipswich have taken five years to get the savings they now have, a long term plan – it will not happen overnight! Ways to save money through collaboration. Local government needs to look at various agreements eg Telstra for savings. Significant services eg Street light spend and look at local buy. Three Amigos! Hon Joan Sheldon AM – Ethics Advisor Bob Abbott – Mayoral Advisor Hayden Wright – Elected Member Advisor

• 70 Councillors since March have sought advice • Confidentiality guaranteed • Independent and unbiased opinion • No cost- free/a benefit of membership

Two hypothetical scenarios. Examples of COI, MPI.



108

Craig Harper – Author of book of the same name and Australia’s leading motivational speaker Stop f.....ing around!

• Calls himself a Pracademic more than academic. • Practical reality of how to change stuff! • Motivation for lasting change - problem is that it comes and

goes • Habit! Eg cleaning teeth. Not a motivational issue. • Certain habits and behaviours are non-negotiable. • Behavioural psychology • Attitude is not optional • Subjective reality - how we make things hard or easy. • Do not wait for the right time - no need to wait- start now!

Bill Shields – Director, Queensland Treasury Corporation

• Growing the Queensland 4 pillar economy • Tourism • Construction • Resources • Agriculture • Focus on the demand issue and volume of exports Price

related- exchange rate. • Tourism- people have continued to come (overseas) People

from interstate - numbers have dropped. • Qld - a diverse economy! • Household sector must not be dismissed as it is 60 per cent of

growth in the state. • Employment - growth in consumption • Employment decline- ability of households to afford!

Local Government Amendment Act discussions It is clear that with Traffic control-we are all paying dearly, and this is also being looked at. Gala Dinner – Cr Ian Petersen was presented with his 15 year service certificate. Debate Motion 28 – Gympie Regional Council That the Local Government Association of Queensland request the State Government to withdraw State Planning Policy 4/10 – Healthy Waters as quickly as possible. Carried



109

Motion 83 – Gympie Regional Council That the Local Government Association of Queensland call on the State Government:

1. to amend the Local Government Act so that Councils have no responsibility for roads they did not construct, unless by agreement; and 2. to provide funding to upgrade to Council standard those roads that the State Government previously constructed and has ceased to maintain. Carried.

Making a Difference: Constitutional Recognition The Honourable James Spigelman AC QC An update was given regarding the progression of Constitutional Recognition. Hon Simon Crean will move the motion, for a Referendum for the next election. Professional Development Streams Various Workshops of which I attended 2. Developing your local economy. Angela Quain - principal advisor regional and economic development LGAQ Ashley Page GM Economics planning and development AEC Group Since 1990

• Council role is to create environment for investment not actually investing money itself.

• Broader macro trends • Leadership is key!

Building Healthy Communities Dr Trevor Hancock Professor and Senior Scholar School of Public Health and Social Policy University of Victoria

• Building Community Capital • forms – Economic, Social, Natural, Human • A healthy community is one where all four forms of capital are

being built together.



110

• 21st century capitalism needs to bed all four forms of capital simultaneously.

• Building one form of capital at the expense of one or all of the others is a recipe for disaster.

This conference was of great benefit to new Councillors and Mayors, in particular the workshops for professional development streams. Overall it was quite successful and gave the opportunity to network and share information with both new and re-elected councillors.

M31/11/12 Moved: Cr R.A. Gâté Seconded: Cr I.T. Petersen That the report be received.

Carried



111

SECTION 14: IN COMMITTEE

COUNCIL IN COMMITTEE

The Mayor advised the meeting that Council was going “Into

Committee” to discuss: 1. Report on Outstanding Rates 2. Renewal of Term Lease 221059, Lot 61 L371400, Reserve for Camping

and Water Purposes R415, Parish of Brooyar 3. Renewal of Term Lease SL21/47178, Lot 143 & Lot 144 MCH4711,

Reserve for Camping and Water Purposes R462, Parish of Curra M32/11/12 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That pursuant to the provisions of Section 72 of the Local

Government (Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Report on Outstanding Rates 2. Renewal of Term Lease 221059, Lot 61 L371400, Reserve for

Camping and Water Purposes R415, Parish of Brooyar 3. Renewal of Term Lease SL21/47178, Lot 143 & Lot 144 MCH4711,

Reserve for Camping and Water Purposes R462, Parish of Curra Further, that in relation to the provisions of Section 171 of the

Local Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried COUNCIL OUT OF COMMITTEE M33/11/12 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That proceedings be resumed in Open Council.

Carried



112

CONFLICT OF INTEREST In accordance with Section 173 of the Local Government Act 2009; Cr J.A. Walker declared a Conflict of Interest in Minute M34/11/12 due to a family member being the Chairman of the committee involved. Cr J.A. Walker left the meeting at 11.06am while the matter was discussed and voted on.

14/1 Report on Outstanding Rates

PORTFOLIO: Governance and Economic Development DIRECTORATE: Financial Services AUTHOR: Director of Financial Services DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: This item is in-committee in accordance with Clause 72(1)(h) – other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

M34/11/12 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That the property be sold for arrears of rates under Chapter 2 Part 12 Division 3 of the Local Government (Finance, Plans & Reporting) Regulation 2010. Further, that the Mayor and Chief Executive Officer be authorised to set reserve prices for the auction.

Carried



113

14/2 Renewal of Term Lease 221059, Lot 61 L371400, Reserve for

Camping and Water Purposes R415, Parish of Brooyar PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – S.F. Court DOC ID: 1597510 File No: 5-7-8-10 LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan (i) Program 2 – Economic Development, 2.3.3 Strategic and Regional Planning (ii) Program 3 – Engaged Governance, 3.2.9 Property Management This item is in-committee in accordance with Clause 72(1)(h) – other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

M35/11/12 Moved: Cr A.J. Perrett Seconded: Cr M.W. Curran That in relation to the proposed renewal of term lease TL221059 over Reserve R415, Wide Bay Highway, Brooyar Council advise the Department of Natural Resources and Mines that:

1. it offers no objections to the renewal of term lease TL221059;

2. the gazetted purpose of Reserve R415 (ie Camping and Water Purposes) remains appropriate; and

3. a Term Lease is Council’s preferred tenure arrangement for the Reserve.

Carried



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14/3 Renewal of Term Lease SL21/47178, Lot 143 & Lot 144 MCH4711,

Reserve for Camping and Water Purposes R462, Parish of Curra PORTFOLIO: Planning and Development DIRECTORATE: Planning and Development AUTHOR: Planning Officer – S.F. Court DOC ID: 1597512 File No: 5-7-8-10 LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan (i) Program 2 – Economic Development, 2.3.3 Strategic and Regional Planning (ii) Program 3 – Engaged Governance, 3.2.9 Property Management This item is in-committee in accordance with Clause 72(1)(h) – other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

M36/11/12 Moved: Cr R.A. Gâté Seconded: Cr I.T. Petersen That in relation to the proposed renewal of term lease SL21/47178 over Reserve R462, Bruce Highway, Curra Council advise the Department of Natural Resources and Mines that:

1. it offer no objections to the renewal of term lease SL21/47178;

2. the gazetted purpose of Reserve R462 (ie Camping and Water Purposes) remains appropriate;

3. a Term Lease is Council’s preferred tenure arrangement for the Reserve; and

4. the constructed Lindleys Lane appears to traverse the northern extremity of Lot 143 MCH4711 and this area should be excised from the lease area.

Carried



115

SECTION 15: ATTACHMENTS Attachment 1 – Refer Item 4/1 – Petition Attachment 2 – Refer Item 5/1 – Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment Attachment 3 – Refer Item 7/1 – Policy for the distribution of the Environment Levy for Community Group Grants Attachment 4 – Refer Item 8/2 – Memorandum of Understanding – Murrie Munchies Attachment 5 – Refer Item 8/3 – LGGSPIS Projects 2012

There being no further business the meeting closed at 11.23am

Confirmed this TWENTY-EIGHTH day of NOVEMBER 2012

________________________ Cr R.J. Dyne CHAIRMAN

ATTACHMENT 1

Refer Item 4/1

Petition

of the

ORDINARY MEETING


e

,

Angela Dunkley - ATTENTION: Angela Dunkley - Theebine Residents Petition to GympieShire Council

Adam Jones <adam. economical@ginail. coin>From:

<angela. dunkley@gympie. qld. gov. au>To:

30/10/201211:11 AMDate:

Subject: ATTENTION: Angela Dunkley - Theebine Residents Petition to Gympie ShireCouncil

Attachments: PETITION to Gympie Council for Theebine Residents. pdf

Hi Angela

Thank you for seeing me yesterday

Ilye added a cover letter as you asked

I have gathered another two more signatures today which now covers all but one renter and thepublicans, (and the cattle owner of course), in the Theebine Village

The petition includes several farmers close by who have experienced the cattle on their respectiveproperties. There were more farmers affected but couldnit get them home. One in particular had todrive the cattle out of his cane crop according to neighbours. So there were more people willing tosign but Ilye run out of time

However, I think I've covered 98% of the residents and surrounding farmers including the PrimarySchool headmaster, Warnck Lucht

All of the signees were very willing to sign and voiced their ITUmerous complaints to me regardingthe cattle in particular. Mostly damage to gardens, orchards (including mine), fencing and canecrops, and the unwelcome presence of the cattle owner on their properties

Look forward to an update on the Council meeting and their response.

If the situation continues (which we believe it likely will as he is likely to bring the rest of cattleback, and as he already has with his bull yesterday, and the fact that he has already fallen out withthe farmer holding them down the road), then we'll escalate the matter to holding a meeting of

Page I of I

. .-.-

residents in the Village hall, inviting to media to attend

Hear from you soon

Regards

Adam Jones

7 Old Cleveland Rd, Theebine0431201679

file://C:\Documents and Settings\Angela\Local Settings\Temp\XPgrpwise\508FB5FE

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REFER

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10/30120/2

To Gympie Shire Council

Petition on behalf of Theebine Village Residents.

. All Theebine residents, including the Headmaster of Theebine Primary have signed this petition.

. Of primary concern is the threat to public road safety, especially in the vicinity of a primary school.

. number of cattle roam unrestrained across public roads with the potential to cause a fatality. Many

mothers deliver small children to Theebine Primary school on foggy mornings when cattle have

been sighted on the road.

. The Headmaster (Warrick Lucht) was forced to remove cattle from the grounds of the Primary

school, for the safety of the children, yet was advised by Council officers, that he is liable if thecattle caused an accident.

. Other residents and farmers in the area have faced similar experiences, forced to choose between

legal liability or having a stranger's cattle remain on their land.

. The owner of the cattle refuses to constrain them safely.

. When not being kept in a small backyard (next to Theebine pub) the cattle are often grazing railway

land, including active railway lines, with illegal Iy erected fences without permission from the Rail

authority. Some of these fences are tied off to street signs.

. In conducting this survey the author heard numerous complaints from residents, one as old as 97,

of these cattle wandering their properties at will, gazing their vegetable gardens, orchards

destroyed, grazing cane crops, and breaking fences

. The Council officers have thus far been unable to impound the cattle.

. The same owner refuses to control cattle dogs that have been observed killing sheep on two

different properties. Despite photographic evidence, the Laws officer has been unable to seize the

dogs thus far.

. The cattle owner, surname unknown, residing next door to the Theebine pub, refuses to

acknowledge his impact on the residents of Theebine and refuses to compensate the owners of the

killed sheep.

. Despite frequent visits by the Police, Council officers, Laws officer, and the DPI, the owner of thecattle has recentl returned a bull to his back ard on 29 October 201.2. It a ears he intends to

Cover letter

29 Oct 201.2

For further information call

continue to flout Council, DPI and Rail authority by laws, with impunity.

Adam iones

7 Old Cleveland Rd, Theebine

0431 201 679

11 7.7-'/ c <...,.^.

. I.

,

To request Council to permanently remove dangerous cattle from public roads and easements.

Seize dogs observed to have attacked and killed four sheep in the past several weeks, (same owner).

This petition is a formal complaint on behalf of the residents of Theebine, who are concerned no action has beentaken regarding these matters despite repeated complaints to Council, Laws Officer and police.

They are concerned it is only a matter of time a vehicle will collide with cattle deliberately and repeatedly let out atnight onto public roads. It is only a matter time till the said dogs attack resident's sheep again.

Should Gympie Council still refuse to act, the matter will be reviewed for further legal adv re and taken to the media.Theebine residents have had enoughl Some are considering legal action.

Five witnesses saw these cattle feeding on Old Cleveland Road 7.30pm, Thursday evening 1.8 October 20, .2. This ison a public road at night time. They are seen on public roads frequently. Up to 6 adult co and 4 calves are kept ina suburban backyard with no pasture, the owner has no NILS permit. Last pics show pani king bull terrifyingneighbors in their back yard on Railway Pde. A video has been forwarded to Council. A r was forced to avoidcolliding with this bull on the road during the same incident.

Petition to Coun it

Below is evidence of fence deliberately cut to allow the cattle into private prope without permission on

Sunday 14 October 201.2. This has also occurred with several farmers in the vicini of Theebine.

All gates were clearly padlocked prior. The cattle owner was trespassing without permission to graze.

Total of four sheep have been killed at number 3 and 7 Old Cleveland Rd. Here are shots of dogs inside N07.

Last two shots were taken out the front entrance the morning after. They were chased out by neighbor.

ATTACHMENT 2

Refer Item 5/1

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment.

of the

ORDINARY MEETING


Draft Coastal Protection State Planning Regulatory Provision

Protecting the coastal environment October 2012 A draft State Planning Regulatory Provision that sets out the requirements for ensuring coastal protection in Queensland.

The Department of State Development, Infrastructure and Planning leads a coordinated Queensland Government approach to planning, infrastructure and development across the state. © State of Queensland. Published by the Department of State Development, Infrastructure and Planning, October 2012, 100 George Street, Brisbane Qld 4000. The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this publication. The State of Queensland has no objection to this material being reproduced, made available online or electronically but only if it is recognised as the owner of the copyright and this material remains unaltered. Copyright enquiries about this publication should be directed to the department’s Legal Services division via email [email protected] or in writing to PO Box 15009, City East, Queensland 4002. The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic backgrounds. If you have difficulty understanding this publication and need a translator, please call the Translating and Interpreting Service (TIS National) on 131 450 and ask them to telephone the Queensland Department of State Development, Infrastructure and Planning on 07 3227 8548. Disclaimer: While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing.

Sustainable Planning Act 2009

Draft Coastal Protection State Planning Regulatory Provision Protecting the Coastal Environment

Preparing the Draft State Planning Regulatory Provision This Draft State Planning Regulatory Provision was made by the Honourable Jeff Seeney MP, Deputy Premier and Minister for State Development, Infrastructure and Planning, under Chapter 2, Part 2, Division 2 of the Sustainable Planning Act 2009 on 8 October 2012.

Commencement This Draft State Planning Regulatory Provision came into effect on 8 October 2012.

Expiry This Draft State Planning Regulatory Provision will operate for 12 months from 8 October 2012 or until earlier repealed.

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment - iii -

Contents Preamble .......................................................................................................... 5 Explanation ....................................................................................................... 5 Application of the draft SPRP ........................................................................... 5 Relationship to other planning instruments....................................................... 6 Part 1: Making planning documents.................................................................. 7

1.1 Application of this Part ....................................................................... 7 1.2 Provisions about coastal protection................................................... 7

Part 2: Development Assessment..................................................................... 9 2.1 Application of this Part ....................................................................... 9 2.2 Provisions about coastal protection................................................... 9

Annexure 1 .....................................................................................................xvi

Preamble Development in the coastal zone is important for the growth of the Queensland economy but development must be carefully managed to protect the environmental, social and economic coastal resources for present and future generations.

The economic and social costs of protecting development against coastal hazard impacts (which are projected to be exacerbated by climate change impacts), and the financial, social and human costs associated with a natural disaster justify development constraints in vulnerable coastal areas.

Explanation

State Planning Policy 3/11: Coastal Protection (the SPP) was introduced to establish the state’s policies in relation to matters of state interest relating to coastal protection.

The state has become aware that the application of the SPP policies is not sufficiently supportive of the Government’s commitment to grow the four pillars of Queensland’s economy.

The state is undertaking a full review of the Queensland Coastal Plan including the SPP. In the interim, it has been determined that it is necessary to suspend the operation of the SPP.

The situation for applications is as follows:

The SPRP will apply to the assessment of development applications and master plan applications that are properly made when this Coastal Protection Draft State Planning Regulatory Provision (the Draft SPRP) commences.

The provisions set out in this draft SPRP are based on the state coastal management plan policies that were in place before the introduction of the SPP. This draft SPRP will apply while the full review of the Queensland Coastal Plan is undertaken.

Application of the draft SPRP A. The draft SPRP is a statutory instrument under the Sustainable Planning Act 2009 (the SPA).

B. The draft SPRP applies to all local government areas in Queensland that contain areas within the coastal zone.

C. It has effect for up to 12 months from the day it takes effect.

D. The draft SPRP applies to the range of circumstances set out in the SPA. In relation to the assessment of development applications and master plan applications, this draft SPRP only applies in the circumstances identified in Part 2.

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment 5

E. Terms used in this draft SPRP that are not defined in the Glossary in Annexure 1 have the same meaning as defined in the SPA, the Queensland Planning Provisions and the Coastal Protection and Management Act 1995.

Relationship to other planning instruments A. The Draft SPRP is a statutory instrument under the Sustainable Planning Act 2009.

B. It suspends the operation of State Planning Policy 3/11: Coastal Protection (the SPP) from the date this draft SPRP commences.

C. This draft SPRP will apply to the following from the date of commencement:

development applications

the making of local planning schemes and amendments

the making of regional plans

the designation of land for community infrastructure.

D. This draft SPRP suspends the operation of:

part 1.2 of the Far North Queensland Regional Plan

part 3.3 of the Mackay, Isaac and Whitsunday Regional Plan

part 2.2 of the Wide Bay Burnett Regional Plan

parts 1.4.3 and 2.4 of the South East Queensland Regional Plan.

E. This Draft SPRP does not suspend or otherwise affect the operation of the State Policy for Coastal Management (2012) which remains in effect.

Transitional arrangements From the date this draft SPRP commences:

(1) the SPP will no longer apply to the assessment of a development application or a master plan application, even if the application was properly made before the date this Draft SPRP commenced

(2) Part 2 of this draft SPRP applies to the assessment of development applications and master plan applications.


Part 1: Making planning documents 1.1 Application of this Part This part applies to the range of circumstances set out in the SPA for:

local plan making and amending planning schemes

regional plan making

designation of land for community infrastructure.

This part does not apply to:

the assessment of a development application by an assessment manager and referral agency, or

the assessment of a master plan application.

These are dealt with later in Part 2 of this draft SPRP.

1.2 Provisions about coastal protection

Land use planning (1) To the extent practicable, the coastal zone is to be conserved in its natural or

non-urban state outside of existing urban areas. Urban growth is managed to protect coastal resources and their values by minimising adverse impacts.

(2) Existing urban settlements on the coast should remain compact and physically separated through the identification and maintenance of non-urban areas. The provision of new infrastructure should promote consolidation and separation of urban areas on the coast. New development within existing urban areas (for example, infill and redevelopment) is preferred and new development should be undertaken so as to avoid or minimise adverse impacts on coastal resources and their values.

Coastal hazards (3) When determining new areas for urban land uses on the coast, an evaluation is

to be carried out to identify the level of potential risk to life and property from coastal hazards. This evaluation should be based on the mapped coastal hazard areas (taking into account any inaccuracy in the mapping) in addition to considering the impact of physical coastal processes, including any impacts from potential sea level rise.

(4) Planning for the coast must address the potential impacts of coastal hazards through the following hierarchy of approaches:

(a) avoid—focus on locating new development in areas not vulnerable to the impacts of coastal hazards

(b) planned retreat—focus on systematic abandonment of land, ecosystems and structures in vulnerable areas


(c) accommodate—focus on continued occupation of near-coastal areas but with adjustments such as altered building design

(d) protect—focus on the defence of vulnerable areas, population centres, economic activities and coastal resources.

Provision for coastal-dependent land uses (5) In planning for appropriate land uses in areas adjoining the foreshore,

adequate provision needs to be made for coastal-dependent land uses. Where there is competition for available land, preference should be given to coastal-dependent land uses ahead of other urban land uses.

(6) Planning for the location and design of new coastal-dependent land uses outside of existing coastal townships should be undertaken so as to avoid or minimise adverse impacts on coastal resources and their values.

Areas of high ecological significance (7) Planning instruments locate urban development outside areas of high

ecological significance in any coastal management district, except when there is an overriding social and economic need demonstrated to the satisfaction of the Minister.


Part 2: Development Assessment 2.1 Application of this Part (1) This part applies to the assessment of a development application:

for impact assessable development in a coastal management district by an assessment manager

considered by the chief executive administering the Coastal Protection and Management Act 1995 as assessment manager in accordance with the Sustainable Planning Regulation 2009

for development in a coastal management district by an agency with jurisdiction under the Coastal Protection and Management Act 1995

for a master plan application.

(2) This part applies to the assessment of a development application or master plan application (referred to above), even if the application was properly made before the date this Draft SPRP commenced.

2.2 Provisions about coastal protection

Coastal hazards (1) Development in areas on the coastal zone identified as having a high risk of

being affected by coastal hazards needs to be carefully considered and wherever possible, be retained undeveloped. Where an area vulnerable to storm tide inundation is developed, or has a development commitment, further development in these areas needs to address:

(a) its vulnerability to sea level rise and storm tide inundation

(b) the proposed access to and protection of evacuation routes.

(2) In such areas, local government may have in place counter-disaster plans to address these coastal hazards.

Development in an erosion prone area (3) To the extent practicable, erosion prone areas are to remain undeveloped apart

from acceptable temporary or relocatable structures for safety and recreational purposes.

(4) Where building works and activities have been undertaken within an erosion prone area, future use should not be at a greater intensity than the existing level. Redevelopment of these areas or an increase in intensity may only occur in circumstances where it can be clearly demonstrated that it would not compromise coastal management outcomes and principles.

(5) In areas under constant threat of erosion, a strategy of retreat from erosion prone areas is the preferred option. However, where an area has been developed to a scale and intensity that the retreat option is not achievable, property protection works may be needed to defend land uses and


infrastructure from coastal processes. In such circumstances, any further building or infrastructure including extensions to existing buildings or the location of services (including water, power and sewerage), should not extend any further seaward than the existing building alignment for the neighbouring properties.

(6) For developed areas, structural engineering and stabilisation works will be initiated only as a last resort where erosion presents an immediate threat to public safety or property and infrastructure that is not expendable. The siting, design and materials used for works will not cause any significant adverse impacts on the coastal resources of the location nor significantly impact on the natural cycles of erosion and accretion of beaches.

(7) Construction of structures for the purpose of beach protection (including artificial reefs, banks, wrecks, breakwaters and groynes) in coastal waters will only be approved where:

(a) there is a demonstrated need in the public interest

(b) comprehensive investigation has been carried out and it can be demonstrated that:

(i) there would not be any significant adverse impacts on the longshore transport of sediments

(ii) there would be no increase in coastal hazards for the neighbouring foreshore.

Nature conservation (8) Biodiversity on the coast is to be safeguarded through conserving and

appropriately managing the diverse range of habitats including coral reefs, seagrass, soft bottom (benthic) communities, dune systems, salt flats, coastal wetlands and riparian vegetation.

(9) The following matters are to be addressed to achieve the conservation and management of Queensland’s coastal biodiversity:

(a) the maintenance and re-establishment of the connectivity of ecosystems; particularly to ensure viable populations of protected native species continue to exist throughout their range, by maintaining opportunities for long-term survival, genetic diversity and the potential for continuing evolutionary adaptation. This includes the protection of significant wildlife habitats, such as:

(iii) protecting beaches providing significant wildlife habitats (including roosting, nesting and breeding habitat for turtles, birds or crocodiles) through suitable management measures including buffers for those habitats

(iv) protecting the values and integrity of intertidal communities such as tidal flats, salt flats and rocky reefs, including natural fluctuations of location


(v) retaining the current extent and quality of migratory and resident shorebird roosting and feeding habitat. If habitat is to be lost it should be replaced, where practicable, before loss, by an equivalent artificial habitat in a location that minimises any alteration of distribution and abundance of shorebirds

(vi) maintaining the values and integrity of fish habitats and fish migratory pathways through suitable management measures including buffers for those habitats

(vii) protecting the values and integrity of soft bottom (benthic) communities

(viii) retaining and protecting the existing extent, quality and functionality of seagrass beds, particularly in dugong protection areas or known areas of turtle habitat

(b) the retention of native vegetation wherever practicable

(c) the retention of and appropriate management of riparian vegetation along waterways of sufficient width to provide for a self-sustainable linked network. The width of the corridor will be determined from the size, values and functions of the vegetation and the nature of potential threats to its functions and integrity from the specific activity or land use. However, the buffer should be of sufficient width to maintain bank stability, existing water quality, maintain aquatic and wildlife habitats and movement corridors for native animals, and long-term viability of existing isolated stands of vegetation.

Areas of high ecological significance (10) Development and development infrastructure is to be located outside of, and

not have a significant impact on, an area of high ecological significance in any coastal management district, unless the development or development infrastructure is for a purpose specified below:

(a) urban or rural residential purposes within an urban area

(b) development for tourism purposes

(c) any purpose within a maritime development area or aquaculture development area

(d) development associated with a port or airport

(e) low impact tidal water intake or discharge infrastructure for aquaculture development on land

(f) minor public marine development and associated pedestrian and vehicle access facilities, or

(g) extraction purposes within a key resource area.

Public access (11) There is no net loss of public access to the foreshore. Public access is to be

maintained, protected and enhanced where the provision and operation of


infrastructure of state economic significance and protection of coastal resources is not compromised. In planning for new urban land uses on the coast, the following additional matters are to be considered with respect to public access and use of the foreshore:

(a) the need for new or upgraded public access facilities (such as boat ramps, jetties, boat moorings, pedestrian boardwalks, carparks and vehicle access)

(b) appropriate location and design with respect to sensitive coastal resources and their values

(c) the safety of the public, if access is provided.

(12) Any new private structures proposed over state land on the coast or public waters that are not major private infrastructure of state economic importance, should maintain or enhance public access, useability or enjoyment of the land or water, subject to ensuring safety of the public.


Coastal-dependent land use (13) Maritime infrastructure has an important role in the state’s economy and is

appropriate where there is no net loss of public access to the coast and adverse impacts on coastal resources and their values are avoided where practicable, or minimised.

(14) Unless otherwise demonstrated, a public facility would be the most appropriate arrangement for a jetty, pontoon or ramp required on or connected to state land on the coast. New private jetties, pontoons and ramps are not supported on or connected to state land on the coast above high water mark, except where it is major private infrastructure of state economic importance or:

(a) there are no public landing facilities serving the same part of the coast

(b) there is a demonstrated need and public support for the facility

(c) the provision of private facilities in that location would not cause significant adverse impacts (either in isolation or cumulatively) on coastal resources

(d) there is no conflict with an approved management plan for the land

(e) such facilities were clearly identified as being intended as part of an assessment for new urban development on adjacent land and the facilities are connected to that land.

This provision does not apply to dry land marinas.

(15) New private jetties, pontoons and ramps on or connected to freehold land (used for existing or future residential and tourist purposes) on the coast are not supported in largely undeveloped tidal waterways or largely undeveloped sections of tidal waterways. These structures may only be supported in tidal waterways where they are major private infrastructure of state economic importance or:

there are existing private jetties, pontoons and ramps on or connected to nearby freehold land and the proposal is infill (located in the vicinity of existing structures)

the new structure does not result in the need for the construction of revetment walls or hardening of the river bank.

(16) Aquaculture on the coast will be located and undertaken in a manner that results in no significant adverse impacts on the coastal resources and their values. In particular, aquaculture will be undertaken so as to:

(a) have no significant adverse impacts on water quality

(b) maintain any wastewater discharge to meet relevant standards and requirements

(c) have no significant adverse impacts on groundwater levels and quality

(d) maintain coastal habitats, such as wetlands and shorebird roost sites, including their protection from potential significant adverse impacts from the disturbance of acid sulfate soil


(e) have no significant adverse impacts on fisheries (commercial, Indigenous Traditional Owner and recreational), fishing grounds, or spawning and nursery areas

(f) maintain natural coastal processes

(g) be compatible with coastal landscape values and recreational amenity of the area.

This provision applies to land-based aquaculture and does not address coastal management requirements for marine-based aquaculture (such as cage culture of fin fish).

(17) Discharge of wastewater onto the foreshore is not supported and should proceed only if there is no feasible alternative and it would not result in significant adverse impacts on coastal resources and their values.

(18) Dredging from land below highest astronomical tide (e.g. within coastal waters) provides navigational and economic benefits to Queensland, and is to be appropriately located and sustainably managed to avoid or minimise adverse impacts on coastal resources and their values.

(19) Dredging activities within coastal waters will be undertaken so as to:

(a) maintain the ability of the site or adjoining land to function as a barrier protecting lands from coastal waters

(b) maintain beach or foreshore stability

(c) maintain natural coastal processes that supply sand to beaches

(d) maintain the stability of the dredging area

(e) maintain:

(ix) water quality

(x) groundwater levels of underlying aquifers and coastal wetlands

(xi) the local drainage regime on the site and adjoining areas

(f) have no significant adverse impacts on fisheries (commercial, Indigenous Traditional Owner and recreational), fishing grounds, or spawning and nursery areas

(g) maintain coastal habitats (including their protection from potential adverse impacts from the disturbance of acid sulfate soils)

(h) not cause unacceptable risk to existing land uses from coastal hazards

(i) not adversely impact on any cultural resources of Indigenous Traditional Owners.

(20) When deciding where dredged material comprising muds, clays and silts will be placed, the choice of site is to provide the best coastal management outcome, having regard to the nature of the spoil, the cost of alternative sites, and potential impacts on coastal resources and their values.

(21) A dredge management plan should be prepared and implemented for maintenance dredging. Dredged material comprising clean sand will generally



be kept within the active beach system. Dredging operations will, where appropriate, use fauna-excluding devices.

(22) For any dredging operations, consideration will be given to:

(a) whether the sediment contains toxicants

(b) the level and nature of the toxicant

(c) whether disturbance of the contaminated sediment is likely to result in unacceptable impacts on coastal resources and their values.

(23) Reclamation of tidal waters creates adverse impacts on coastal resources and their values and therefore requires clear justification and the avoidance or minimisation of such adverse impacts.

(24) Land below the highest astronomical tide is maintained in its natural state. It may only be reclaimed where:

(a) it is necessary for erosion control or beach nourishment purposes

(b) it is necessary for protecting the natural environment and its processes

(c) it is for coastal-dependent land uses or other areas of state significance and there is a demonstrated net benefit for the state or a region

(d) it is necessary for the operation of a port or harbour

(e) it is necessary for the development of a public or private facility and there is public support and a demonstrated public benefit from the proposal

(f) it is necessary to reinstate land that has been eroded, or

(g) it is for reclamation within a canal or marina.

(25) For provision 24(c), (d) and (e), it needs to be demonstrated that there are no alternative sites available that do not require reclamation. For provision 24(f) above, reclamation should be undertaken in a coordinated manner with neighbouring properties also subject to erosion.

Canals and dry land marinas (26) In view of the potential adverse impacts of canals and dry land marinas, further

development of canals and dry land marinas should proceed only if the development does not adversely affect coastal resources and their values, in particular if the development does not contribute to:

(a) degradation of water quality

(b) an increased risk of flooding

(c) degradation and loss of coastal wetlands

(d) degradation and loss of declared fish habitat areas

(e) degradation and loss of shorebird roost areas.

(27) Any new canal and dry land marina developments will address the provision of land above highest astronomical tide for maintenance dredge spoil disposal.

Annexure 1

Glossary Acid sulfate soils means soils or sediments containing highly acidic soil horizons or layers (actual acid sulfate soils), and iron sulfides or other sulfidic material that has not been exposed to air and oxidised (potential acid sulfate soils).

Aquaculture has the same meaning as in the Fisheries Act 1994.

Aquaculture development area means an aquaculture development area shown on a map prepared for the purposes of the SPRP.

Area of high ecological significance means an area shown as an area of high ecological significance on the Map of Areas of Ecological Significance published by the Department of Environment and Heritage Protection, other than an area:

determined to the satisfaction of the Department of State Development, Infrastructure and Planning that the attribute’s values are not present within the area, or

of exempt development under the Sustainable Planning Regulation 2009, Schedule 3.

Coastal-dependent land use means land use for which a location adjoining the waterfront or access to the water is essential to function, including industrial and commercial facilities, such as ports, harbours, jetties, pontoons, marinas, ramps and slipways, coastal or marine (boating) tourism facilities and appropriate marine service industries. It may also include residential and tourist land uses that are part of an integrated development proposal incorporating a marina and such land uses are located landward of the marina and are protected from coastal processes and hazards by the marina. Coastal-dependent land use also includes aquaculture for salt-water species. Coastal-dependent land uses do not include residential land uses, waste management facilities (landfills, sewage treatment plants) and transport infrastructure (other than for access to the coast). Coastal-dependent land uses includes tourist accommodation which achieves to the greatest extent practicable, the principles and policies of this plan.

Coastal hazard area means an area shown on a map published by the Department of Environment and Heritage Protection or one published by a local government following completion of a coastal hazard study. The maps allow for a sea level rise of 0.8 metre and a ten per cent increase in the maximum potential intensity of cyclones at the year 2100.

Coastal zone has the same meaning as in the Coastal Protection and Management Act 1995.

Development has the same meaning as in the Sustainable Planning Act 2009.

Development commitment means a development:

(a) that arises from and is necessary to give effect to a relevant development approval

(b) is located within a state development area and is consistent with the development scheme prepared for the state development area

(c) where the Coordinator-General has evaluated an environmental impact statement under Part 4 of the State Development and Public Works Organisation Act 1971, and the report recommends the approval of the development (with or without conditions)

(d) that is carried out for government supported transport infrastructure for which the funding and construction arrangements were approved by the state before the date of commencement of this SPP

(e) that is carried out for transport infrastructure in the Transport Infrastructure Act 1994, for which the funding and construction arrangements were approved by the Commonwealth before the date of commencement of this SPRP, or

(f) that is consistent with a designation of land for community infrastructure in the Sustainable Planning Act 2009.

Development infrastructure means:

(a) land or works, or both land and works, for:

(i) urban and rural residential water cycle management infrastructure, including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of waters and flood mitigation, but not urban and rural residential water cycle management infrastructure that is state infrastructure

(ii) transport infrastructure, including roads, vehicle lay-bys, traffic control devices, dedicated public transport corridors, public parking facilities predominantly serving a local area, cycle ways, pathways, ferry terminals and the local function, but not any other function, of state-controlled roads

Note—

The chief executive administering the Transport Infrastructure Act may make guidelines, including guidelines defining the local function of State-controlled roads.

(iii) public parks infrastructure supplied by a local government, including playground equipment, playing fields, courts and picnic facilities, or

(b) land, and works that ensure the land is suitable for development, for local community facilities, including, for example:

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment xvii

(i) community halls or centres

(ii) public recreation centres, or

(iii) public libraries.

Dry land marina means a marina created by the excavation of land above high water mark.

Existing urban area includes areas currently developed for urban purposes, areas with current approvals to be developed for urban purposes and areas identified to be developed for urban purposes in currently approved planning instruments, for example local government planning schemes.

Highest Astronomical Tide (HAT) means the highest level that can be predicted to occur under average meteorological conditions and any combination of astronomical conditions. This level will not be reached every year, and is less than the extreme levels that can be caused by storm tides.

Low impact tidal water intake or discharge infrastructure means an area for aquaculture development on land, pipes and drains constructed for the purpose of accessing, distributing or releasing seawater or waste water from or to tidal waters. It includes associated structures that are integral to the stability or structural integrity of the infrastructure.

Maritime development area means a maritime development area shown on a map prepared for the purposes of the SPRP.

Minor public marine development means maritime facilities, such as boat ramps, pontoons, slipways, wharves and jetties that serve a public purpose. To remove any doubt, a new navigation channel is not minor public marine development.

No net loss of public access means the provision of alternative or mitigatory measures to ensure access to the foreshore or the public useability of coastal waters is maintained over time.

Net benefit for the region means there is a net benefit (taking into account all financial, social and environmental impacts) to the regional community, which is for the benefit of the whole community, as distinct from sectoral, commercial or private gain, and the proposal delivers the greatest net benefit of all viable alternatives.

Net benefit for the state means there is a net benefit (taking into account all financial, social and environmental impacts) to the state as a whole, as distinct from sectoral, commercial, private or regional gain, and the proposal delivers the greatest net benefit of all viable alternatives.

State land on the coast means state land located on the coast excluding freehold and leasehold land.

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment xviii

Draft Coastal Protection State Planning Regulatory Provision – Protecting the Coastal Environment xix

Storm tide means the effect on coastal water of a storm surge combined with the normally occurring astronomical tide.

Tourism purposes means short-term accommodation; tourist facilities, including buildings for entertainment, recreation, information and cultural activities; and other ancillary services, including food and beverage, retail, commercial and other integrated services that serve tourism and residents alike.

Urban area means an area in the urban footprint identified in a regional plan, or identified on a map in a planning scheme or development scheme as an area for urban purposes, including residential, industrial, commercial, rural residential, major tourist developments, ports and future urban purposes.

Urban development means development for urban or rural residential purposes. It does not include rural land uses such as agriculture and horticulture.

ATTACHMENT 3

Refer Item 7/1

Policy for the distribution of the Environment Levy for Community Group Grants

of the

ORDINARY MEETING


PRIVACY STATEMENT: Gympie Regional Council collects personal information where it is directly related to a function or activity of Council and where the collection of such information may be

reasonably considered as necessary for that purpose. It will only use personal information for that purpose, and will not disclose it, except as permitted under the Information Privacy Act 2009.

PR-PD-011 Page 1 of 3 Revised 23/10/2012 [Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of Management System documents are the current issue.]

Planning and Development PO Box 155

GYMPIE QLD 4570 Ph. (07) 5481 0644 Fax. (07) 5481 0801

POLICY FOR THE DISTRIBUTION OF THE ENVIRONMENT LEVY FOR COMMUNITY GROUP GRANTS

POLICY STATEMENT Council is committed to working in partnership with environment and natural resource management community groups to protect and enhance the region’s natural resources. Council acknowledges there are considerable benefits for the region by harnessing the resources and local knowledge of community groups. POLICY PURPOSE The purpose of this policy is to provide guidance to Council in the allocation of the Community Group Grants from funds raised through the Environment Levy. This policy applies to all projects that are funded by Council through the Community Group Grants program and does not relate to the distribution of the Environment Levy for other Council purposes. POLICY AIM The aim of this policy is to ensure that projects funded by the Community Group Grants program assist Council to achieve its environmental commitments identified in the Community Plan (GRC000), Corporate Plan (GRC001) and Operational Plan (GRC002) and align with the purpose of Council’s Environment Strategy (PRPD070). FUNDS ALLOCATED As of 01 July 2012, a total of $118,220.00 of the Environment Levy was allocated to the Community Group Grants program. Commencing in the 2013/2014 financial year a minimum of 17% of the total budgeted Environment Levy in any one year will be distributed through the Community Group Grants. COMMUNITY GROUP GRANT ELIGIBILITY For community groups to be eligible to receive funding from the Community Group Grants program they must: (a) be an incorporated not-for-profit community group with a focus on the environment and

natural resource management; (b) demonstrate an ability to deliver on-ground environmental outcomes in a timely, safe

and responsible manner; (c) work in partnership with Council with the knowledge that Council makes the final

decision as land manager; (d) be able to attract external grants that will enhance Council’s investment; and (e) have access to a group of volunteers or landholders.





GYMPIE QLD 4570 Ph. (07) 5481 0644 Fax. (07) 5481 0801

PROJECT ELIGIBILITY For projects to be eligible to receive a Community Group Grant, the project must meet the following criteria: (a) the organisation’s project must be within the Gympie Regional Council area; (b) the organisation must not receive commercial gain from the project; (c) the project must demonstrate quantifiable and positive environmental outcomes

directly relevant to, and of benefit within the Gympie Regional Council area; (d) where relevant, the project must demonstrate how the works will be maintained

beyond the project completion date; (e) the project must demonstrate how the project assists Council to achieve its

environmental outcomes identified in the Community, Corporate and Operational Plan and aligns with the purpose of Council’s Environment Strategy.

INELIGIBLE PROJECTS Ineligible projects and activities include: (a) projects, activities and events that are run for commercial purposes; (b) purchase of capital infrastructure; for example buildings and vehicles; (c) annual maintenance or repair of existing machinery or other capital infrastructure; (d) using funding for projects that are already funded through another source; (e) engaging or paying permanent employees; and (f) covering of running costs associated with the community group, this may include

insurance. ADMINISTRATION COMPONENT Administration is an essential component of project management. To acknowledge this 25% of the funding received from the community group grants can be allocated for administrative purposes. This must be identified in the application process for approval. CONTRACT LABOUR OR CONSULTANTS COMPONENT Contract labour or consultants may be engaged, but the details of such work must be clearly outlined in the application. The funding allocated for this component of the project must not exceed 25% of the total amount funded. CATEGORIES To be considered for a Community Group Grant the project must meet one or more of the following categories: • Environmental project on Council owned or managed property; • Environmental education and awareness; or • Environmental monitoring and research.





GYMPIE QLD 4570 Ph. (07) 5481 0644 Fax. (07) 5481 0801

APPLICATIONS Grant applications will be advertised in March. Successful applicants will be advised following the adoption of Council’s annual budget and a list published on Council’s website. APPLICATION ASSESSMENT Applications will be assessed using assessment criteria based on the aim and project eligibility of this policy. The Director of Planning and Development, the Parks Manager and the Environmental Planning Officer will assess the applications. PROJECT REPORTING Receipt of a grant over one thousand dollars ($1,000) from Council will be subject to a formal funding agreement (Mutual Service Agreement) stating agreed milestones, outcomes and timeframes. Successful applicants are required to sign a Mutual Service Agreement and submit an inception report, progress report and acquittal form. The reporting arrangements will be structured around a July – April time frame. Therefore, the inception report is due at the end of July, the progress report at the end of November and the final report at the end of April. Copies of receipts and/or invoices will be required to be submitted with the progress report and acquittal form. Any unspent monies are to be returned to Council. Alternatively, community groups may apply to Council for approval to have unspent funds reallocated to other projects, provided that such projects meet the aims and project eligibility of this policy.

ATTACHMENT 4

Refer Item 8/2

Memorandum of Understanding – Murri Munchies

of the

ORDINARY MEETING


Version 05/2012 Page 1 of 8

© Murri Munchies Ltd. 2012. Except as provided by the Copyright Act 1968, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of Murri Munchies Ltd. 0417 346378 or [email protected].

Memorandum of Understanding (MoU)



Memorandum of Understanding

This document represents an agreement between

MURRI MUNCHIES ALLIANCE

and

MEMBERS AS LISTED IN SECTION 12.1.0 and 12.2.0

1.0.0 This document must be read in conjunction with the Terms of Reference

1.1.0 Description of collaborating organisations Murri Munchies alliance (MM) is a Not for profit Organisation that is registered with ASIC as a Company Limited by Guarantee. The main purpose of MM is to develop an alliance of enterprises which have an Indigenous agri-business focus. Subject to the terms of the Constitution of Murrie Munchies, MM will offer support for Training, Mentoring, Production, Business Development, Marketing, Logistics, Governance and Administration to alliance members as they develop their business and social enterprise ventures.

2.0.0 Objectives and Scope 2.1.0 The Murri Munchies alliance’ objectives include, but are not limited to:

2.1.1 enhance the development of initiatives in order to improve employment and small business opportunities for Indigenous Australians

2.1.2 Increase the profile and awareness of cultural food and associated products 2.1.3 develop the plans and opportunities for ‘value added’ products 2.1.4 assist alliance members and their individual project participants to build knowledge,

skills, resilience and motivation to attain sustainable employment by: increasing the knowledge and skill levels of disadvantaged Job Seekers in the

Wide Bay Burnett Region through education, training and mentoring, increasing the percentage of Indigenous and other disadvantaged Job

Seekers engaged in active work in Wide Bay Burnett Region increasing access to wrap around services for participants and community

members to improve personal, social, civic and economic well-being 2.2.0 Project Alignment The project shall be aligned with the objectives of local, regional, state and national initiatives including but not limited to:



COAG Targets for Closing the Gap Indigenous Economic Development Strategy 2011–2018 Indigenous Workforce Strategy Wide Bay Burnett Regional Strategy Local Government Community Plans

3.0.0 The Nature of the Collaboration 3.1.0 Management. The Murri Munchies alliance shall be the management organisation aiding and advising the active members throughout their establishment and ongoing operations. 3.2.0 Support Services MM will offer facilitation for the provision of the following support services: 3.2.1 Mentoring 3.2.2 Training 3.2.3 Business Development 3.2.4 Production 3.2.5 Quality assurance 3.2.6 Marketing 3.2.7 Distribution and logistics 3.2.8 Moderation and evaluation 3.2.9 Administration and Governance The active members of the MM alliance shall provide goods and / or services for marketing and distribution. The active members of the MM alliance shall perform in a complementary and respectful manner to other members of the alliance MM businesses will operate in a collaborative manner regarding market share Associate members shall provide expertise and support for the alliance management organisation and active members.

4.0.0 Definitions and Interpretations 4.1.0 Active Members: Active members are those business ventures and/or organisations that produce goods and/or services under the banner of the MM alliance. Each Active member shall be a registered business and possess their own individual Australian Business Number (ABN).

http://www.indigenous.gov.au/ieds/



4.1.1 Active members may be made up of sole operators and/or organisations 4.1.2 Organisations with five or more members, at least 51% of their members must be

Indigenous Australians. 4.1.3 Organisations with two to four members, all but one of their members must be Indigenous

Australians, 4.1.4 Organisations with one member, that member must be an Indigenous Australian. 4.1.5 Commit to active participation within the alliance 4.1.6 Contribute an annual subscription payment to MM of $100.00 due on annually on

the 1st July. 4.1.7 Membership will be offered by the MM Board to approved business entities and/or

organisations 4.1.8 Active member organisations each have one vote at MM alliance meetings 4.1.9 Provide an appropriate proxy in their absence 4.1.10 Act with a respect and support to other alliance members 4.1.11 Conduct themselves in accordance with MM Confidentiality Agreement 4.1.12 Comply with MM policies and procedures 4.1.13 Provide regular minutes and reports to their organisation members 4.1.14 Members shall provide a current Business Plan to the MM alliance Board 4.1.15 Membership may be terminated at the discretion of the Board of Directors 4.2.0 Associate Members: Associate members are those business entities and/or organisations invited by the MM Board of Directors. Associate Members may supply goods and/or services in partnership with MM alliance active member/s: 4.2.1 May attend open MM alliance meetings 4.2.2 Have no voting rights at MM alliance meetings 4.2.3 Act with a respect and support to other alliance members 4.2.4 Conduct themselves in accordance with the MM Confidentiality Agreement 4.2.5 Provide regular feedback to their respective organisation members 4.2.6 Contribute an annual subscription payment of:

• Enterprise (<5 employees) $100.00 • Enterprise (6 to 100 employees) $250.00 • Enterprises (>100 employees) $500.00 • Regional Councils $250.00

All subscriptions shall be due annually on the 1st July. 4.2.7 Provide expertise and support to the Management Committee, Board of Directors

and Active Members as required 4.2.8 Comply with MM policies and procedures 4.2.9 Membership may be terminated at the discretion of the Board of Directors 4.3.0 Board of Directors:



4.3.1 Be made up of 8 members (dependent on alliance membership) 4.3.2 Shall be nominated and elected from the Active Members 4.3.3 Will not receive remuneration for their duties 4.3.4 Act as a legal entity for activities within the MM alliance 4.3.5 Provide alliance members with regular (minimum of quarterly) financial and other reports as required 4.3.6 Will ratify all relevant reports prior to lodgement with alliance members and

external stakeholders 4.3.7 Provide Human Resource management and administrative support to the Project

Manager or his / her delegate. 4.4.0 Goods and / or Services shall be interpreted as: 4.4.1 Any goods and / or services produced or supplied by a member. 4.5.0 Indigenous Australian: The Australian Government’s Department of Education, Employment and Workplace Relations (DEEWR) defines an Australian Aboriginal or Torres Strait Islander person is one who: 4.5.1 Is of Aboriginal or Torres Strait Islander descent; and 4.5.2 identifies as an Australian Aboriginal or Torres Strait Islander person and 4.5.3 is accepted as such by the community in which s/he lives or has lived.

5.0.0 The Terms of the Agreement. This MoU shall remain in force until it is terminated by a majority of active members. Three months written notice must be given to terminate a MM MoU. Amendments to the terms and conditions of the MM MoU shall be determined by the Board of Directors. The Board of Directors must consult with all signatories to this memorandum prior to any amendments being voted upon. The Board of Directors must notify all signatories to the MoU in writing within 14 days of the decision and 14 days prior to the amendments becoming effective.

6.0.0 Intellectual Property (IP)

Intellectual property developed prior to the parties entering into this MoU shall remain with the organisation / persons who developed such property. Active members shall be encouraged to maintain their own IP.

IP that has been developed whilst in the employment or commissioning of the Murri Munchies alliance organisation remains with the Murri Munchies alliance organisation.

7.0.0 Marketing and Publicity

http://www.deewr.gov.au/Indigenous/Schooling/Programs/ABSTUDY/2011/Primaryeligibility/Pages/AboriginalityTorresStraitIslanderStatus.aspx#10_2_2_1





All marketing and Publicity activities conducted under the Murri Munchies alliance brand must be authorised by the Board of Directors. No adverse information shall be publicly dispersed concerning the Murri Munchies alliance organisation, brand or its members.

8.0.0 Settlement of Disputes

Consultation between parties is expected to resolve any disputes.

Where this is not acceptable with both parties then the Board of Directors or their delegate shall resolve all disputes. Irrespective of the dispute resolution procedures, standard Incorporated Organisational Grievance procedures shall take precedence. 9.0.0 Compliance with Law

Active members shall, at its own risk, provide the goods and/or services in accordance with the conditions of this Agreement and in so doing shall comply with the provisions of all statutes, regulations, ordinances or by-laws and the requirements of any local or other authority. 10.0.0 Indemnity The Active Members and Associate Members indemnify and covenants to keep indemnified the Murri Munchies alliance in respect of any loss or liability howsoever suffered by the Murri Munchies alliance relating to the Services provided by the Active members or any employee or approved subcontractor engaged by an Active member. Active Members and Associate Members indemnify Murri Munchies alliance organisation and its respective officers, employees and agents (referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses on a solicitor and own client basis) or liability incurred by any of those indemnified arising from any suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of an infringement, or an alleged infringement, of the intellectual property rights of any person, which occurred by reason of an act done by the Active Members or Associate Members in performance of its rights under this Agreement in relation to the Services provided relating to this Agreement. 11.0.0 Insurances

Active and Associate Members’, must have and maintain for the duration of their membership, the following insurances: 11.1.0 Insurance in accordance with the Workers Compensation and Rehabilitation Act 2003 or the prevailing equivalent legislation in the jurisdiction in which the Service is being undertaken 11.2.0 Public liability insurance in the sum of AUD20.0 million 11.3.0 Professional indemnity insurance in the sum of AUD5.0 million 11.4.0 Product liability insurance to the sum of AUD20.0 million 11.5.0 Any other insurance reasonably required with respect to the Services



Upon request in writing from the Murri Munchies alliance, Active and Associate Members shall immediately produce certificates of currency evidencing cover in relation to each of the Required Insurances (together the “Required Insurances”). 12.0.0 No Agency The parties acknowledge that nothing in this MOU constitutes any relationship of principal and agent, partnership, or joint ventures between the parties. 13.0.0 Compliance with Law All parties must provide all services in accordance with this MOU and in doing so shall shall comply with the provisions of all statutes, regulations, ordinances or by-laws and the requirements of any local or other authority. 14.0.0 Member. Individual organisations may select both the Active (14.1.0) and/or Associate Membership (14.2.0) depending upon their intended participation objectives. 14.1.0 Active Member. Signed for and on behalf of: ................................................................................................ (Organisation’s Registered Name or Sole Operators Name.) By (Print Name):.................................................................................................................. Position Within the Organisation:........................................................................................ On ……………………..Day of ………………………………………..2012. Signature:……………………………………………………………………… 14.2.0 Associate Member: Signed for and on behalf of: ................................................................................................ (Organisation’s Registered Name or Sole Operators Name.) By (Print Name):.................................................................................................................. Position Within the Organisation:........................................................................................ On ……………………..Day of ………………………………………..2012. Signature:………………………………………………………………………

ATTACHMENT 5

Refer Item 8/3

LGGSPIS projects 2012

of the

ORDINARY MEETING


Project Ranking GRC Funding LGGSP funding Other Total

Phil Rogers Park BBQ and Shelter Facility Upgrade - Rainbow Beach 1 $18,808 $28,203 $47,011Improving Accessibility to Kilkivan and Goomeri Halls 2 $53,100 $35,400 $88,500Lighthorse Oval Gympie - Infrastructure Upgrade 3 $10,708 $7,139 $135,511Gympie City Entry Statement Signabe 4 $81,000 $54,000 $135,000Gympie Saleyards - Shade Sail Installation 5 $18,000 $12,000 $30,000