6 february 2007 contents

6 FEBRUARY 2007

CONTENTS

Council Committee Minutes

Item No Subject Page

1. DECLARATION OF OPENING BY THE PRESIDING MEMBER ................ 1

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF

ABSENCE .......................................................................................................... 1

3. RESPONSES TO 'PUBLIC QUESTIONS' FROM THE PREVIOUS

COUNCIL COMMITTEE MEETING (WHERE THEY COULD

NOT BE ANSWERED AT THAT MEETING)................................................. 2

4. PUBLIC QUESTION TIME............................................................................... 2

5. QUESTIONS ON NOTICE FROM MEMBERS OF THE

COMMITTEE (WITHOUT DISCUSSION) ...................................................... 3

5.1 QUESTION ON NOTICE - ELECTED MEMBERS TO ABSTAIN

FROM COUNCIL IF PRE-SELECTED FOR A STATE OR

FEDERAL GOVERNMENT ELECTION ......................................................... 3

5.2 QUESTION ON NOTICE - BARR ROAD/ECCLESTONE STREET

TRAFFIC STUDY AND OUTCOMES ............................................................. 4

6. CONFIRMATION OF PREVIOUS MINUTES................................................. 5

7. DISCLOSURES OF INTEREST UNDER THE LOCAL

GOVERNMENT ACT 1995............................................................................... 5


8. ANNOUNCEMENTS BY THE PRESIDING MEMBER

(WITHOUT DISCUSSION)............................................................................... 5

8.1 PRESENTATION - WA LOCAL GOVERNMENT ASSOCIATION

"SOUTH WEST BIODIVERSITY PROJECT" ................................................. 5

9. CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS............... 6

9.1 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR NORM

MCCLEARY ...................................................................................................... 6

9.2 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR WAYNE

MAJOR............................................................................................................... 7

10. RECEPTION OF FORMAL PETITIONS AND MEMORIALS ....................... 7

11. RECEPTION OF REPORTS AND RECOMMENDATIONS FROM

OFFICERS & ADVISORY COMMITTEES ..................................................... 8

11.1 SOUTH WEST BIODIVERSITY PROJECT - LOCAL

BIODIVERSITY STRATEGY FOR THE CITY OF BUNBURY..................... 8

11.2 TRAFFIC MANAGEMENT SIGNS AND DEVICES FOR

EVENTS - INSTRUMENT OF AUTHORISATION....................................... 21

11.3 BIG SWAMP WILDLIFE PARK STEERING COMMITTEE

VACANCY....................................................................................................... 24

11.4 ROAD RE-SEALING PROGRAMME - TENDER 2006/2007-21.................. 28

11.5 TENDER 2006/2007-19 FOR SUPPLY OF ONE ROAD SWEEPER

AND ONE COMPACT PAVEMENT SWEEPER .......................................... 33

11.6 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE -

MEMBERSHIP NOMINATION...................................................................... 38

11.7 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - TOUR

LEADER APPOINTMENT 2007..................................................................... 41

11.8 TOWN PLANNING SCHEME NO. 7 - SCHEME AMENDMENT

NO. 6 - PROPOSED REZONING OF A PORTION OF LOT 134

WHITLEY PLACE FROM "ROAD RESERVE - ACCESS ROAD"

TO "RESIDENTIAL R15/30"........................................................................... 44

11.9 FINANCIAL STATEMENTS FOR MONTHS OF NOVEMBER &

DECEMBER 2006............................................................................................ 49

11.10 BUNBURY REGIONAL ENTERTAINMENT CENTRE INC. -

APPLICATION FOR RENEWAL OF MANAGEMENT DEED.................... 51

11.11 PROPOSED REZONING - PREPARING FOR SALE OF LOT 66

OCEAN DRIVE................................................................................................ 55


11.12 PROPOSED AMENDMENT NO. 24 TO TOWN PLANNING

SCHEME NO. 7 - REZONING PORTION OF LOT 10 OCEAN

DRIVE, BUNBURY......................................................................................... 60

11.13 AMENDMENT TO LOCAL LAW "ADVERTISING DEVICES" ................. 65

12. MOTIONS (OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN) TO BE DISCUSSED & RECOMMENDATIONS TO BE

REFERRED TO THE NEXT COUNCIL MEETING...................................... 72

12.1 MOTION ON NOTICE - ZERO TOLERANCE POLICY

(VANDALISM) ................................................................................................ 72

13. "URGENT" BUSINESS WITH THE APPROVAL OF THE

MAJORITY OF MEMBERS PRESENT ......................................................... 75

14. ITEMS TO BE NOTED.................................................................................... 75

14.1 ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL

COMMITTEE MEETING................................................................................ 75

14.2 ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT

THE COUNCIL COMMITTEE MEETING..................................................... 77

15. CONFIDENTIAL BUSINESS AS STIPULATED UNDER

SECTION 5.23(2) OF THE LOCAL GOVERNMENT ACT 1995 ................. 77

16. CLOSE OF MEETING..................................................................................... 77

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

1:100 Ratio of 'one in one hundred'

AD Acceptable Development

ARI Annual Recurrence Interval

AHD Australian Height Datum

ANEF Australian Noise Exposure Forecast

AWARE All West Australians Reducing Emergencies (grant funding)

BCA Building Code of Australia

BCCI Bunbury Chamber of Commerce & Industries

BCRAB Bunbury Community Recreation Association Board

BEAC Built Environment Advisory Committee

BESAC Bunbury Environment and Sustainability Advisory Committee

BHRC Bunbury Harvey Regional Council

BPA Bunbury Port Authority

BRAG Bunbury Regional Art Galleries

BRAMB Bunbury Regional Arts Management Board

BREC Bunbury Regional Entertainment Centre

BSSC Big Swamp Steering Committee

BWEA Bunbury Wellington Economic Alliance

Term Explanation

CALM Department of Conservation and Land Management

CBD Central Business District

CCAFF Community Cultural and Arts Facilities Fund

CERM Centre of Environmental and Recreation Management

CPI Consumer Price Index

CSRFF Community Sport and Recreation Facilities Fund

DADAAWA Disability in the Arts Disadvantage in the Arts Australia, Western Australia

DAP Detailed Area Plan (required by WA Planning Commission)

DCU Development Coordinating Unit

DEC Department of Environment and Conservation (formerly CALM)

DEWCP Department for Environment, Water and Catchment Protection

DLI Department of Land Information

DoE Department of Environment

DOLA Department of Land Administration

DoPI Department of Primary Industry

DoW Department of Water

DPI Department for Planning and Infrastructure

DSR Department of Sport and Recreation

DUP Dual-use Path

ECT Enforcement Computer Technology

EDAC Economic Development Advisory Committee

EDWA Education Department of Western Australia

EIA Environmental Impact Assessment

EPA Environmental Protection Authority

ERMP Environmental Review and Management Program

ESL Emergency Services Levy

FESA Fire and Emergency Services Authority

FFL Finished Floor Level

GBPG Greater Bunbury Progress Group

GBRP Greater Bunbury Resource Plan report

GBRS Greater Bunbury Region Scheme

GL Gigalitres

GRV Gross Rental Value

GST Goods and Services Tax

HCWA Heritage Council of Western Australia

ICLEI International Council for Local Environmental Initiatives

ICT Information and Communications Technology

IP Internet Protocol

IT Information Technology

ITC In Town Centre

ITLC Former In-Town Lunch Centre (now the "In Town Centre")

LAP Local Action Plan

LCC Leschenault Catchment Council

LEMC Bunbury Local Emergency Management Committee

LIA Light Industrial Area

LN (2000) Liveable Neighbourhoods Policy (2000)

LSNA Local Significant Natural Area

MHDG Marlston Hill Design Guidelines

MRWA Main Roads Western Australia

NDMP National Disaster Mitigation Program

Term Explanation

NEEDAC Noongar Employment & Enterprise Development Aboriginal Corp.

NRM Natural Resource Management

NRMO Natural Resource Management Officer

ODP Outline Development Plan

PAW Public Access Way

PHCC Peel-Harvey Catchment Council

PR Plot Ratio

R-IC Residential Inner City (Housing) - special density provisions

RDC Residential Design Codes

RDG Residential Design Guidelines

Residential R15 Town Planning Zone – up to 15 residential dwellings per hectare




RFDS Royal Flying Doctor Service

RMFFL Recommended Minimum Finished Floor Levels

ROS Regional Open Space

ROW Right-of-Way

RSL Returned Services League

SBCC South Bunbury Cricket Club Inc.

SCADA Supervisory Control and Data Acquisition

SGDC Sportsgrounds Development Committee

SW South West

SWACC South Western Area Consultative Committee

SWAMS South West Aboriginal Medical Service

SWBP South West Biodiversity Project

SWCC South West Catchments Council

SWDC South West Development Commission

SWDRP South West Dolphin Research Program

SWEL South West Electronic Library

SWSC South West Sports Centre

TME Thompson McRobert Edgeloe

TPS Town Planning Scheme

USBA Union Bank of Switzerland Australia

VGO Valuer General’s Office

VOIP Voice-Over Internet Protocol

WALGA Western Australian Local Government Association

WAPC Western Australian Planning Commission

WAPRES Western Australian Plantation Resources

WAWA Water Authority of Western Australia

WC Water Corporation

WML WML Consultants

WRC Waters and Rivers Commission

COUNCIL (STANDING) COMMITTEE MINUTES

Minutes of an Ordinary Meeting of the Council (Standing) Committee held in the Council

Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday,

6 February 2007.

MINUTES 6 February 2007

NOTE: The recommendations listed in this document are not final and are subject to adoption, amendment

(or otherwise) at the Council Meeting of 13 February 2007.

1. DECLARATION OF OPENING BY THE PRESIDING MEMBER

The Presiding Member declared the meeting open at 6.03pm.

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

PRESENT

Council Committee Members

Presiding: His Worship the Mayor, Mr D Smith

Deputy Presiding: Deputy Mayor, Councillor J Jones

Councillor W Lambert

Councillor R Frisina

Councillor A Leigh

Councillor D Wenn

Councillor W Major (arrived 5.05pm - item 3 &

left at 7.00pm - item 11.3)

Councillor T Smith

Councillor L Rose

Councillor T Dillon

Councillor S Craddock

Members:

Councillor S Rooney

Executive Management Team (Non-Voting)

Chief Executive Officer: Mr G Trevaskis

Executive Manager Corporate Services: Mr K Weary

Executive Manager City Development: Mr G Klem

Executive Manager City Services: Mr M Scott

A/Executive Manager City Life: Mr D Marzano

Council Officers (Non-Voting):

Manager Waste Services: Mr T Battersby

Environmental Officer: Mr B Deeley

NRM Officer (WALGA): Ms N Olsen

Administration Officer Corporate Services: Ms D Ryan

6 February 2007 Minutes - Council Committee Meeting _________________________________________________________________________________

Page 2

PRESENT (continued)

Others (Non-Voting):

Members of the Public: 3

Members of the Press: 2

APOLOGY

Councillor N McCleary - Leave of Absence (to be approved at Council Meeting of 13 February 2007)

3. RESPONSES TO 'PUBLIC QUESTIONS' FROM THE PREVIOUS COUNCIL

COMMITTEE MEETING (WHERE THEY COULD NOT BE ANSWERED AT

THAT MEETING)

Cr Major arrived at the meeting at this point in time (5.05pm)

Not applicable.

4. PUBLIC QUESTION TIME

Nil.


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5. QUESTIONS ON NOTICE FROM MEMBERS OF THE COMMITTEE (WITHOUT

DISCUSSION)

5.1 QUESTION ON NOTICE - ELECTED MEMBERS TO ABSTAIN FROM COUNCIL

IF PRE-SELECTED FOR A STATE OR FEDERAL GOVERNMENT ELECTION

File Ref: A02885

Applicant/Proponent: Councillor Tom Dillon

Author: Councillor Tom Dillon

Executive: If adopted refer to: Greg Trevaskis, Chief Executive Officer

Councillor Dillon submitted the following question:

Question: On 21 November 2006 the Council made a decision calling on the State

Government (per WA Local Government Association) for political candidates

to be required to resign or stand aside from their local authority position once

endorsed as a political candidate. Can the Council please be advised as to the

status of this matter and (if nothing has transpired as yet) can the issue be

included as an agenda item for the forthcoming State Cabinet Meeting to be

held in Bunbury during March 2007?

Response: The Chief Executive Officer has advised the WA Local Government

Association ("WALGA") of Council's decision and requested that this matter

be referred to the WALGA Executive with a recommendation that support be

sought from across the local government industry for amendment to current

legislation. The City is awaiting an official response from WALGA on this

subject.

The State Cabinet Meeting will be an opportunity for Council to present on

major issues affecting the City. It would be preferred if this matter (which

relates to local government in general) could be accepted on an "industry-wide

basis" before it is raised with State Government.


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5.2 QUESTION ON NOTICE - BARR ROAD/ECCLESTONE STREET TRAFFIC

STUDY AND OUTCOMES

File Ref: R00030



Executive: If adopted refer to: Michael Scott, Executive Manager City Services

Councillor Dillon submitted the following question:

Question: In 2006 (at the request of residents including petitioners), the Council decided

to conduct a study into problematic traffic issues relevant to Barr Road. Can

Council now be advised of the outcome of that study and especially:

1. anticipated solutions (with particular emphasis on potential re-routing

of passenger buses away from Barr Road), and;

2. the possibility of implementing a "Local Traffic Only" policy for Barr

Road.

Response: Council was advised that the Barr Road Traffic study was completed and

received by Engineering Services at the end of November 2006. (For

information, a copy of the report has been circulated to members under

separate cover).

The City Engineer has completed a review of the recommendations from the

report which mainly relate to physical installations (four traffic calming

islands) and warning signs designed to slow traffic in the area. An amount of

$180,000 for installation works has been included for Council's determination

in the Engineering Services Works Programme for the coming financial year.

A local traffic area designation is not recommended until an assessment of the

proposed engineering solutions can be made. The bus route had previously

been altered from Ecclestone Street to Barr Road so that buses could bypass

turning at the Ecclestone Street/Brittain Road rotary. The configuration of the

rotary makes it difficult for buses to turn into Ecclestone Street.

Engineering Services has had a discussion with Bunbury Traffic Police and

relayed information relating to the observed speed of vehicles during the study

period.


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6. CONFIRMATION OF PREVIOUS MINUTES

COMMITTEE DECISION

Moved Cr Leigh

Seconded Cr Craddock

The minutes of the Council (Standing) Committee Meeting held 5 December 2006, be

confirmed as a true and accurate record.

CARRIED 12 Votes "For" / Nil Votes "Against"

7. DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1995

Cr Jones disclosed an impartiality interest in the item titled “Items to be Noted” as some of

the development and subdivision applications listed in item 9 (authorised by Council Officers

using the delegated authority of the Council), are for properties located in the same street as

her place of residence.

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)

8.1 PRESENTATION - WA LOCAL GOVERNMENT ASSOCIATION "SOUTH WEST

BIODIVERSITY PROJECT"

File Ref: A01981

Applicant/Proponent: Natalie Olsen, Biodiversity Project Manager (WALGA)

Officer: Ben Deeley, Environmental Officer

Executive: Michael Scott, Executive Manager City Services

A plaque was presented to the committee's Presiding Member (His Worship the Mayor - Mr

David Smith) by Ms Natalie Olsen, Biodiversity Project Manager for the Western Australian

Local Government Association. The award recognises the City's involvement in WALGA's

"South West Biodiversity Project".


Page 6

9. CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS

9.1 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR NORM McCLEARY

File Ref: A00215

Applicant/Proponent: Councillor McCleary

Author: Greg Trevaskis, Chief Executive Officer

Executive: Greg Trevaskis, Chief Executive Officer

Summary/Background

Councillor McCleary has requested leave of absence from all Council-related business from

6 to 14 February 2007 (inclusive).

Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to

one of its members provided that the period of leave does not exceed six consecutive ordinary

meetings of the Council.

EXECUTIVE RECOMMENDATION

Pursuant to Section 2.25 of the Local Government Act 1995, Councillor McCleary is granted

leave of absence from all Council-related business from 6 to 14 February 2007 (inclusive).

OUTCOME OF THE COUNCIL COMMITTEE MEETING - 6 FEBRUARY 2007

The Executive Recommendation was moved Cr Craddock, seconded Cr Leigh and adopted to

become the Committee Recommendation.

COMMITTEE RECOMMENDATION

Pursuant to Section 2.25 of the Local Government Act 1995, Councillor McCleary is

granted leave of absence from all Council-related business from 6 to 14 February 2007

(inclusive).



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9.2 REQUEST FOR LEAVE OF ABSENCE - COUNCILLOR WAYNE MAJOR

File Ref: A00215

Applicant/Proponent: Councillor Major

Author: Greg Trevaskis, Chief Executive Officer

Executive: Greg Trevaskis, Chief Executive Officer

Summary/Background

At the meeting, Councillor Major requested leave of absence from all Council-related

business from 19 February to 4 March 2007 (inclusive).

Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to

one of its members provided that the period of leave does not exceed six consecutive ordinary

meetings of the Council.


Councillor Major's application was moved Cr Dillon, seconded Cr Leigh. It was put to the

vote and adopted to become the Committee's recommendation.


Pursuant to Section 2.25 of the Local Government Act 1995, Councillor Major is

granted leave of absence from all Council-related business from 19 February to 4

March 2007 (inclusive).


10. RECEPTION OF FORMAL PETITIONS AND MEMORIALS

Nil.


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11. RECEPTION OF REPORTS AND RECOMMENDATIONS FROM OFFICERS &

ADVISORY COMMITTEES

11.1 SOUTH WEST BIODIVERSITY PROJECT - LOCAL BIODIVERSITY STRATEGY

FOR THE CITY OF BUNBURY

File Ref: A01981

Applicant/Proponent: Internal Report

Author: Ben Deeley, Environmental Officer


Summary

At its meeting held on 6 July 2006, the Council's Bunbury Environment and Sustainability

Advisory Committee (or "BESAC") made the following recommendation for consideration at

a Council Meeting:

BESAC Recommendation - 6 July 2006

"1. Council to prepare a Local Biodiversity Discussion Paper and Strategy in accordance

with the Local Government Biodiversity Planning Guidelines for the Perth

Metropolitan Region.

2. Council to allocate (in principle) $10,000 from the 2007/2008 Environmental Reserve

Budget to complete Phase Two of the South West Biodiversity Project - for

preparation of the discussion paper.

3. Council to update the Terms of Reference for its Bunbury Environment and

Sustainability Advisory Committee as detailed below, so that the committee may also

perform the function of the South West Biodiversity Project Steering Committee:

'The Bunbury Environment and Sustainability Advisory Committee is to make

recommendations to Council on issues relating to the natural environment and

sustainability issues, based on the following Terms of Reference and input received

from its Working Groups:

a) Develop and review policies and strategies in relation to the development,

management and protection of our coast, inlet, estuary, rivers, wetlands and

associated foreshore environs;

b) Evaluate the implementation of Council’s Sustainability Strategy and make

recommendations to Council for revised strategies, initiatives and

performance monitoring;


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c) Evaluate and review the implementation of the Integrated Open Space

Strategy with specific reference to conservation and biodiversity protection

areas;

d) Review, update and make recommendations for the implementation of the

Coastal Management Plan;

e) Provide representation on the Leschenault Catchment Council and Peel-South

West Coastal Management Group with reference to the South West Natural

Resource Management Strategy;

f) To form working groups (with other invited participants) to investigate

specific issues and strategies in relation to these Terms of Reference;

g) Communicate with and support the activities of ‘Friends of’ groups operating

in partnership alliances with the City of Bunbury;

h) To perform the function of the South West Biodiversity Project Steering

Committee as defined in Local Government Biodiversity Planning Guidelines

for the Perth Metropolitan Region.' "

---------------------

It is proposed that Council now endorse the Bunbury Environment and Sustainability

Advisory Committee’s recommendation.

Background

Biological diversity or ‘biodiversity’ as it is more commonly referred to, is the variety of all

life forms i.e., different plants, animals and micro-organisms as well as the genes they contain

and the ecosystems of which they form a part.

There is a worldwide trend of decreasing biodiversity as development clears natural

ecosystems and introduces new threats to native species and ecosystems.

The conservation of biodiversity is the responsibility of all levels of Government and all

landholders. It is especially important given that the South West Region of Western Australia

comprises one of 34 biodiversity hotspots recognised in the world (refer Conservation

International - 2007).

At the national level, the Federal Government has passed legislation and provides funds for

the conservation of biodiversity.

At the State level, legislation is in place to protect native flora and fauna, conservation estate

lands are managed and the Bush Forever initiative has identified specific sites of regional

significance within the Perth Metropolitan Region that are to be protected.


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At the regional level, community-led Natural Resource Management (or "NRM")

organisations (e.g., South West Catchment Council) have produced regional strategies that

have been accredited by the State and Federal Governments. These regional strategies have

been used to allocate Federal and State funds to projects. Local Governments can apply for

funds under the regional strategy to prepare and implement parts of their local biodiversity

strategies.

The City of Bunbury has previously recognised the importance of biodiversity conservation

through various projects and policies including its Sustainability Strategy, Integrated Open

Space Strategy and Habitat Bunbury – Environmental Grants for Schools, although several

fundamental questions still remain, including:

- How much bush or wetland should be retained within the City of Bunbury to ensure

the perpetuity of these assets in ecological terms?

- How much money is required to effectively manage local natural areas to conserve

biodiversity?

- How can the City of Bunbury ensure that it will meet its legal requirements to protect

local natural areas on private and public lands?

- How can the City of Bunbury encourage the protection of bushland and wetlands on

privately owned land?

- How can the City of Bunbury’s Town Planning Scheme and planning policies be

utilised to ensure that significant natural areas are protected?

South West Biodiversity Project

In 2005, the City of Bunbury joined the South West Biodiversity Project (“SWBP”) in order

to answer these questions and to foster a more strategic approach to the management of its

natural areas.

SWBP is an initiative of the Western Australian Local Government Association

(“WALGA”), which aims to assist local governments within the South West Region to

conserve biodiversity through the development of a Local Biodiversity Strategy. The project

is based upon WALGA’s ‘Local Government Biodiversity Planning Guidelines for the Perth

Metropolitan Region’ and has four main phases, through which seven milestones in total are

recognised. Each of the project’s four phases is detailed further below:

Phase 1 - Scoping (Milestone 1)

This involves initiating the local biodiversity planning process with Council to:

- Scope the local biodiversity planning and conservation process


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- Adopt a policy that broadly outlines Council’s commitment and intent to undertake

local biodiversity planning

- Commit resources to complete Phase 2; and

- Form a steering Committee/working group.

Phase 2 - Preparation of Discussion Paper (Milestone 2)

The purpose of the Discussion Paper is to inform all stakeholders of the framework to be used

to develop the Strategy (Phase 3). It is expected that formal public consultation will be

initiated upon completion of a Discussion Paper that addresses the following key outputs:

- Identification, quantification and mapping of the biodiversity resource

- Development of a vision and objectives for the Strategy

- Establishment of Natural Area Condition Targets to formalise the ecological criteria

to be used to identify Local Significant Natural Areas (“LSNA”); and

- Identification of the four key components of a Strategy that will help meet the local

biodiversity targets.

Following community consultation on the Discussion Paper, Council will be able to endorse

specific local biodiversity targets to allow the preparation of the Strategy.

Phase 3 - Preparation of Local Biodiversity Strategy (Milestones 3-6)

An Action Plan is developed at the beginning of this Phase to guide the Strategy’s preparation

and implementation (Phase 4). It will contain detailed information on how the Strategy’s

targets and objectives will be met.

The following are key components of Phase 3:

- Preparing a Local Planning Policy for Biodiversity Conservation

- Preparing a Incentives Strategy for Private Land Conservation

- Planning for the management of biodiversity on Local Government land

- Formalising the protection status of LSNAs

- Endorsing and finalising the Strategy.


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The Local Planning Policies dealing with an incentive strategies for private land conservation

and planning for management of Local Government land, provide the process for strategic

assessment of all natural areas (on private and public lands) to determine those that are locally

significant. The assessment of natural areas to determine those that are locally significant

requires completion of a thorough desktop and field assessment utilising information and

natural area assessment templates provided within the Local Biodiversity Planning

Guidelines.

Phase 4 - Implementation of Local Biodiversity Strategy (Milestone 7)

Upon completion of the Strategy there will be a number of new activities and existing policy

and processes that will need to be implemented, these include:

- Staff training and technical support

- Review/amendment of Town Planning Scheme

- Application of Local Planning Policy

- Application of private land biodiversity Incentives Strategy

- Management of Local Government land for biodiversity outcomes

- Monitoring and review of the Strategy.

Flowcharts outlining the process have been attached at Appendices 1 and 2.

To date, the City of Bunbury has commenced the reserve assessment portion of the SWBP,

which comprises part of Phase 3 of the project. The impetus for commencing with this latter

stage of the project was principally in response to the fact that limited information is currently

available on the conservation values of Bunbury’s natural areas. This has become clearly

evident in recent years, as the City of Bunbury has encountered several instances where a lack

of such information has lead to considerable delays in the delivery of projects.

Council has supported the allocation of $20,000 from the 2006/2007 Environmental Reserve

towards the reserve assessments through its 2006/2007 budget deliberations. The City of

Bunbury was successful in securing a further $15,000 towards the project through the SWBP

Targeted Grants Programme. It is envisaged that consultants will complete the reserve

assessments within the next few months.

It should also be noted that the City of Bunbury currently hosts the South West Biodiversity

Project’s Manager and two Project Officers within its Civic Administration Building.


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The City of Bunbury looks to commence Phase 2 of the South West Biodiversity Project (the

discussion paper) during 2007/2008.

Project Area for the proposed City of Bunbury Discussion Paper and Local Biodiversity

Strategy

The Local Biodiversity Strategy will focus on ‘Local Significant Natural Areas’ ("LSNA")

within the City of Bunbury that exist outside of the Department of Environment and

Conservation’s ("DEC") managed estate and regional parks i.e., public and private lands.

Natural areas that comprise part of the proposed Ocean-to-Preston River Regional Park

(which runs through The Maidens Reserve and sections of Hay and Manea Parks) are also to

be excluded from the project, as it is likely that these areas will be transferred to DEC’s

conservation estate in the future.

The term ‘natural area’ is used in biodiversity planning to describe an area that contains

native species or communities in a relatively natural state and hence contains biodiversity.

Natural areas can be areas of native vegetation, vegetated or open water bodies (lakes,

swamps), or waterways (rivers, streams, creeks), estuaries, springs, rock outcrops, bare

ground (generally sand or mud), caves, coastal dunes or cliffs (adapted from Environmental

Protection Authority 2003a). Note that natural areas exclude parkland cleared areas, isolated

trees in cleared settings, ovals and turfed areas.

As ecosystems are not restricted to administrative boundaries, the project will also consider

the relationships of Bunbury’s Local Natural Areas to other natural areas at the regional,

national and international level.

Broad Description of Natural Areas in the City of Bunbury

Whilst the amount of biodiversity in the City of Bunbury cannot be easily measured, statistics

on natural areas, such as the amount of native vegetation and wetlands and the condition of

these provide an indicative measure of the state of biodiversity at a regional scale. For

example, the City of Bunbury is known to contain the following:

- Remnant native vegetation - 1,043 hectares

- Wetland (includes estuarine environs) - 2,519 hectares of which 612 hectares (or 25%)

is considered to be of conservation significance

- Threatened fauna species (includes avian species) - 15

- Threatened flora species - 5

- Threatened Ecological Communities ("TEC's") - 4 (all of which are considered to be

‘Vulnerable’ although it is likely that one of these namely Hay Park, will be upgraded

to ‘Critically Endangered’ in the near future).


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Statistics such as these however, are based at a regional scale and have limited value in

decision-making on a reserve-by-reserve basis. A Local Biodiversity Strategy will assist in

making informed management decisions in the future by providing for the development of

specific management plans for Bunbury’s Locally Significant Natural Areas.

Statutory Environment

The preparation of a Local Biodiversity Strategy will enable the City of Bunbury to

proactively address the requirements of the following pieces of legislation as they relate to

biodiversity conservation:

- Commonwealth Environment Protection and Biodiversity Conservation Act 1999

- WA Wildlife Conservation Act 1950

- WA Environmental Protection Act 1986

- WA Environmental Protection (Clearing of Native Vegetation) Regulations 2004

The conservation of biodiversity is also a relevant factor in the application of the Planning

and Development Act 2005 and the City of Bunbury’s Town Planning Scheme.

Once prepared, parts of a Local Biodiversity Strategy will need to be incorporated into the

City of Bunbury’s Town Planning Scheme to have effect and standing in town planning

processes. This will require the approval of the Western Australian Planning Commission.

Local Biodiversity Strategies are proposed under the draft Statement of Planning Policy 2.8:

Bushland Policy for the Perth Metropolitan Region (a policy under Section 25 of the Planning

and Development Act 2005).

A Local Planning Policy is recommended as a component of a Local Biodiversity Strategy

and will be prepared congruent with Part 2 of the Town Planning Amendment Regulations

1999.

State Government environmental policies that will be addressed in a Local Biodiversity

Strategy include:

- Environmental Protection Authority (EPA) Guidance Statement No. 10: Guidance for

the Assessment of Environmental Factors – Level of assessment for proposals

affecting natural areas within the System 6 region and Swan Coastal Plain portion of

the System 1 region (Environmental Protection Authority 2003a)

- EPA Guidance Statement No. 33 (Draft): Policies, Guidelines and Criteria for

Environmental Impact Assessment - Guidelines for Environment and Planning

(Environmental Protection Authority 1997)


Page 15

- Forest Management Plan 2004 – 2013 (Conservation Commission 2003)

- System 6 report (Department of Conservation & Environment 1983) and the System 6

Update program (Department of Environmental Protection unpub. 1996)

- Wetlands Conservation Policy for Western Australia (Government of Western

Australia 1997)

- EPA Position Statement No. 4: Environmental Protection of Wetlands (Environmental

Protection Authority 2001)

- EPA Position Statement No 2: Environmental Protection of Native Vegetation in

Western Australia (Environmental Protection Authority 2000b)

- State Weed Plan (State Weed Plan Steering Group 2001);

- Draft Policy Statement No. 9 Conserving Threatened Species and Ecological

Communities (Department of Conservation and Land Management 2003a)

- EPA Guidance Statement No. 51: Guidance for the Assessment of Environmental

Factors – Terrestrial flora and vegetation surveys for environmental impact

assessment in Western Australia. (Draft) (Environmental Protection Authority 2003c)

- EPA Guidance Statement No. 56: Guidance for the Assessment of Environmental

Factors – Terrestrial fauna surveys for environmental impact assessment in Western

Australia. (Draft) (Environment Protection Authority 2003d)

- Western Australian State Sustainability Strategy (Government of Western Australia

2003a)

- Environment and Natural Resources Statement of Planning Policy No. 2 (Government

of Western Australia 2003b)

- Public Drinking Water Source Policy Statement of Planning Policy No. 2.7

(Government of Western Australia 2003g).

- Development Control Policy No. 2.3 Public Open Space in Residential Areas

(Western Australian Planning Commission 2002)

- Position Statement: Wetlands. (Water and Rivers Commission 2001)

- Wildlife Conservation (Rare Flora) Notice 2001 (Government of Western Australia

2001b)


Page 16

- Wildlife Conservation (Specially Protected Fauna) Notice 2001 (Government of

Western Australia 2001c)

- Statement of Planning Policy No. 2.6: State Coastal Planning Policy (Government of

Western Australia 2003c).

Bunbury Environment and Sustainability Advisory Committee

The Bunbury Environment and Sustainability Advisory Committee (“BESAC”) superseded

the Bunbury Coastal and Foreshore Management Advisory Committee following a decision

made at the Council Meeting on 2 March 2004. BESAC comprises representatives from the

community, Council, State agencies and City staff and has a key role in providing advice and

policy direction to Council on a broad range of issues pertaining to natural resource

management and sustainability.

At its meeting on 6 July 2006, BESAC made a recommendation to Council that the City of

Bunbury prepare a Local Biodiversity Discussion Paper and Strategy, allocate funds and

change BESAC's Terms of Reference to allow the committee to perform the functions of the

South West Biodiversity Project Steering Committee (a copy of the full recommendation is

listed under the heading of "Summary" at the beginning of this report).

It is now proposed that Council endorse the Bunbury Environment and Sustainability

Advisory Committee’s recommendation.

Strategic and/or Regional Outcomes

The Strategy will place the City of Bunbury in a much stronger position when assessing

developments, rezonings and structure plans. Given that the Strategy will clearly articulate

targets for protection of natural areas, Council will be able to demonstrate how biodiversity is

being conserved over the long-term to State decision makers and the public.

The Strategy will also provide clearer pathways for development by identifying important

natural areas at the earliest possible stage, hence avoiding unnecessary time delays.

The preparation of a Local Biodiversity Strategy as described is consistent with the City of

Bunbury’s Sustainability Strategy, which was endorsed by Council on 12 August 2003

(Decision No. 220/03) and will contribute considerably towards achieving the following goal:

"Recognise the importance of roadsides and areas of remnant vegetation in maintaining the

City’s diverse natural environment and provide for their conservation’ stipulated in the

Sustainability Strategy.

Community Consultation

Involvement of the community is important to ensure that the Strategy is widely understood

and accepted by the local community.


Page 17

Formal community consultation will occur once the Discussion Paper has been finalised.

The community’s existing involvement in management of local bushland and other natural

areas will be strengthened by the Strategy. The Strategy will identify priorities for

management of local reserves based on biodiversity values and this should complement (not

replace) existing work by community groups.

The Bunbury Environment and Sustainability Advisory Committee was briefed on the project

on 6 April and 6 July 2006. It is proposed that Council update the committee’s Terms of

Reference so that the committee may function as the Steering Committee for the South West

Biodiversity Project as defined in the Local Government Biodiversity Planning Guidelines.

The role of the Steering Committee is to provide overall strategic advice to the City of

Bunbury on technical and consultative issues that arise during the local biodiversity planning

process.

Councillor/Officer Consultation

His Worship the Mayor, Councillor Shane Rooney and the City of Bunbury’s Environmental

Officer were in attendance at the BESAC meetings held on 6 April and 6 July 2006.

The Executive Manager City Services has also been kept informed of the project’s progress.

Analysis of Financial and Budget Implications

It is requested that Council endorse (in principle) the allocation of $10,000 from its

2007/2008 Environmental Reserve Budget towards Phase 2 of the South West Biodiversity

Project. Council will reconsider this matter during the Five Year Plan review and 2007/2008

budget deliberation processes.

Economic, Social, Environmental and Heritage Issues

No adverse economic, social, environmental or heritage issues are thought likely to arise as a

result of the Executive Recommendation.

Council Policy Compliance

The Executive Recommendation does not contravene any Council policy.

Legislative Compliance

The Executive Recommendation does not have any statutory implications.

Delegation of Authority

No delegation of authority is required or requested.


Page 18

Relevant Precedents

Council is required to consider recommendations made by its Advisory Committees.

Options

Option 1

Per the Executive Recommendation listed in this report.

Option 2

Council may elect not to endorse the Executive Recommendation.

Conclusion

Option 2 is not supported as endorsement of the Executive Recommendation will provide for

completion of Phases 1 and 2 of the South West Biodiversity Project, which are precursors to

the development of a Local Biodiversity Strategy during subsequent stages of the project.

Completion of Phases 1 and 2 of the SWBP will also result in the City being awarded two

corresponding Biodiversity Milestone Awards from WALGA at Local Government Week.

This will further establish the City of Bunbury as a regional leader in the field of biodiversity

management and conservation in the eyes of its Local Government peers.


1. The City of Bunbury to prepare a Local Biodiversity Discussion Paper and Strategy in

accordance with the Local Government Biodiversity Planning Guidelines for the Perth

Metropolitan Region.

2. Council authorises (in principle) the allocation of $10,000 from the 2007/2008

Environmental Reserve Budget to complete Phase 2 of the South West Biodiversity

Project i.e., preparation of the Discussion Paper.

3. Council to update the Terms of Reference for the Bunbury Environment and

Sustainability Advisory Committee so that the committee may function as the South

West Biodiversity Project Steering Committee:

“The Bunbury Environment and Sustainability Advisory Committee is to make





Page 19









areas;



e) Provide representation on the Leschenault Catchment Council and Peel-South

West Coastal Management Group with reference to the South West Natural

Resource Management Strategy;



g) Communicate with and support the activities of ‘Friends of’ groups operating

in partnership alliances with the City of Bunbury;


Committee as defined in Local Government Biodiversity Planning Guidelines

for the Perth Metropolitan Region”.


The City's Environmental Officer, Ben Deeley, responded to questions from committee

members.

The Executive Recommendation was moved Cr Major, seconded Cr Rooney and adopted to



1. The City of Bunbury to prepare a Local Biodiversity Discussion Paper and

Strategy in accordance with the Local Government Biodiversity Planning

Guidelines for the Perth Metropolitan Region.

2. Council authorises (in principle) the allocation of $10,000 from the 2007/2008

Environmental Reserve Budget to complete Phase 2 of the South West

Biodiversity Project i.e., preparation of the Discussion Paper.


Page 20

3. Council to update the Terms of Reference for the Bunbury Environment and

Sustainability Advisory Committee so that the committee may function as the

South West Biodiversity Project Steering Committee:

“The Bunbury Environment and Sustainability Advisory Committee is to make












areas;



e) Provide representation on the Leschenault Catchment Council and Peel-

South West Coastal Management Group with reference to the South West

Natural Resource Management Strategy;



g) Communicate with and support the activities of ‘Friends of’ groups

operating in partnership alliances with the City of Bunbury;


Committee as defined in Local Government Biodiversity Planning

Guidelines for the Perth Metropolitan Region”.

CARRIED 9 Votes "For" / 3 Votes "Against"


Page 21

11.2 TRAFFIC MANAGEMENT SIGNS AND DEVICES FOR EVENTS - INSTRUMENT

OF AUTHORISATION

File Ref: R00554

Applicant/Proponent: Main Roads WA

Author: Stewart Parkinson, Acting City Engineer


Summary

In conjunction with the Traffic Management for Events Advisory Group, Main Roads WA

has recently introduced the ‘Traffic Management for Events Code of Practice’ which details

the administrative, legal and technical requirements for the safe and effective management of

traffic at events.

In order for Council to approve and undertake the use of temporary traffic signs for events, it

has to be an ‘Authorised Body’. This can be achieved through signing an Instrument of

Authorisation (as provided by Main Roads WA).

Background

The Commissioner of Main Roads has the authority to erect road signs, traffic control signals

and other devices under Regulation 297(1) of the Road Traffic Code 2000. The

Commissioner can delegate this authority to Authorised Bodies under Regulation 297(2) of

the Code, subject to any conditions specified in the Instrument of Authorisation. Local

Governments do not have the authority to erect traffic signs, traffic control signals and other

traffic devices either temporarily or permanently, unless such authority has been delegated to

them.

The Instrument of Authorisation is additional to, and does not replace, the Instrument of

Authorisation for road signs and devices at road works (which Council has previously

signed). Local Governments would need to be authorised under both Instruments of

Authorisation in order to use road signs and devices for both works on roads and for events.


Council has exercised this authority for many years. Signing of the Instrument of

Authorisation maintains the status quo.


No consultation is necessary.


Page 22


Engineering Services Officers were consulted on this matter and support the signing of the

Instrument of Authorisation.


There are no budgetary implications to consider.


There are no known Economic, Social, Environment or Heritage issues.


There is no Council policy relative to this matter.


The Instrument of Authorisation must be signed by the City so that City employees can

undertake the installation of road signs and traffic devices at events and to authorise traffic

management plans of others installing road signs and devices for events on Council

controlled road reserves.


The Chief Executive Officer does not have the delegated authority of the Council to sign the

Instrument of Authorisation.

Relevant Precedents

At its meeting on 21 December 2004 (Council Decision 385/04) Council authorised the Chief

Executive Officer to sign the Road Traffic Code Instrument of Authority.

Conclusion

Signing of the Instrument of Authorisation formalises previous Council action in regard to

approving and undertaking traffic management for events on roads.

Options

Option 1



Page 23

Option 2

Council can elect to reject the signing of the Road Traffic Code 2000 ‘Traffic Management

for Events’ Instrument of Authorisation by the Chief Executive Officer.

Note: This course of action is not recommended, as Council and community arranged events

will be adversely affected.


Council approve the signing of the Road Traffic Code 2000 ‘Traffic Management for Events’

Instrument of Authorisation by the Chief Executive Officer.


Prior to any discussion taking place on this matter, the Executive Manager of City

Development indicated that the document requires some further review before a final decision

of Council is made.

Accordingly, a procedural motion to have the matter referred back to committee was moved

by Cr Craddock (no seconder required). This procedural motion stopped all discussion and

was put to the vote immediately where it was defeated 4 votes "for" to 8 votes "against".

Discussion resumed and concluded with the Mayor's advice that the committee should adopt

the Executive Recommendation as printed, as this will give the Executive Manager of City

Development and his officers one week in which to review the document and (if necessary)

submit an alternative recommendation for consideration at the Council Meeting on

13 February 2007.

The Executive Recommendation was moved Cr Dillon, seconded Cr Major and adopted to



Council approve the signing of the Road Traffic Code 2000 ‘Traffic Management for

Events’ Instrument of Authorisation by the Chief Executive Officer.



Page 24

11.3 BIG SWAMP WILDLIFE PARK STEERING COMMITTEE VACANCY

File Ref: A00143


Author: Grant Bilton, Technical Officer Parks & Urban Design


Summary

The Big Swamp Wildlife Park Steering Committee recently advertised for new committee

members. This was necessary due to the resignations of three (3) community committee

members Jason Gick, Lia Barnet and Neville Wilkins and one (1) Council representative (i.e.,

Councillor Wayne Major resigned in September 2006).

A nomination has been received from Mr Barry Halligan to fill one of the community

member positions on the committee.

Councillor Judy Jones has expressed an interest in joining Councillors Linda Rose and Shane

Rooney as a Council representative on the committee.

Mr Halligan is a retired former employee of the Department of Environment and has a strong

interest in the future of the Wildlife Park. His knowledge would be of great value to the other

members of the committee.

Background

The Big Swamp Wildlife Park Steering Committee (which superseded the Big Swamp

Wildlife Park Working Group) was established to comprise three councillors, up to six

community members and other ex-officio non-voting members from government agencies

such as the Department of Environment and Conservation. The committee operates under the

following Terms of Reference:

1. To refine and develop a clear proposal based on the broad working model defined

within the initial ‘Future Directions’ facilitators report for an integrated environmental

community education resource centre bringing the environment and community

together at the existing Wildlife Park facility;

2. To work in partnership with a wide range of stakeholders including community,

business and government to gain necessary financial and other support for the delivery

of an integrated environmental community education resource centre;

3. Present an agreed model that is broadly accepted by the community, which has a

clearly defined independent funding revenue;

4. To prepare a business plan and associated management and marketing documents for

implementation of the preferred model;


Page 25

5. Facilitate the integration, development and marketing of the preferred model that will

blend the existing wildlife component of the Park with the broader environmental

initiatives being implemented within Bunbury and the southwest, with a strong focus

on community involvement and ownership;

6. To liaise with existing ‘Friends of’ groups and community groups to investigate

specific issues and strategies in relation to the Big Swamp Wildlife Park Steering

Committee Terms of Reference.


The committee's structure and Terms of Reference satisfy Council’s Strategic Plan in working

towards a preferred viable delivery model that facilitates the provision of an integrated

environmental community education and resource centre, bringing the community and

environment together at the existing Wildlife Park facility. It is recognised that this

committee has the potential to provide for significant cultural, social and environmental

improvements for the community of Bunbury and the South West.


The vacancies for community members on this committee were advertised in locally

circulating news publications.


Councillors were given the opportunity to nominate for representation on the Committee.


Funding for development of the Big Swamp Wild Life Park is included as part of normal

Council budget deliberations.


Economic, Social and Environmental Issues

Refer to the "Strategic/Regional Outcomes" heading above. The committee's role is to refine

and develop a clear proposal for an integrated environmental community education resource

centre at the Wildlife Park that will bring the environment and community together.

Heritage Issues

There are no heritage issues to consider at this stage.


No Council policies apply to the appointment of members to committees.


Page 26


Section 5.10(1) of the Local Government Act 1995 stipulates that appointment of members to

committees of the Council is to be by way of a formal Council decision (an absolute majority

vote is required).


The Chief Executive Officer cannot be delegated the authority to approve matters requiring

an absolute majority vote of the Council.

Relevant Precedents

Council has previously resolved to approve new members to its committees.

Options

Option 1

Per the Executive Recommendation listed in the report.

Option 2

Council may elect to reject appointment of members to the Committee at this time and

re-advertise the vacancies for community members on the committee.

Conclusion

The Big Swamp Wildlife Park Steering Committee is an enthusiastic group. Its members

keenly contribute to the future development of the Wildlife Park. Council’s endorsement of

two new committee members (i.e., Councillor Jones and Mr Barry Halligan) to fill vacant

positions, will bring further committed and knowledgeable members to the committee.


1. Council appoints Councillor Judy Jones to the Big Swamp Wildlife Park Steering

Committee.

2. Council appoints Mr Barry Halligan to the Big Swamp Wildlife Park Steering

Committee.


Page 27


The Executive Recommendation was moved Cr Dillon, seconded Cr T Smith.

Cr Major left the meeting at this point in time (7.00pm) and was absent for the vote on this

matter.


1. Council appoints Councillor Judy Jones to the Big Swamp Wildlife Park

Steering Committee.

2. Council appoints Mr Barry Halligan to the Big Swamp Wildlife Park Steering

Committee.


NOTE: AN ABSOLUTE MAJORITY VOTE WILL BE REQUIRED AT THE COUNCIL

MEETING.


Page 28

11.4 ROAD RE-SEALING PROGRAMME - TENDER 2006/2007-21

File Ref: A02867


Author: Stewart Parkinson, Acting City Engineer


Summary

This report is provided for the selection of a suitable contractor to undertake the annual road

re-sealing programme.

Background

Tenders for the re-sealing of sealed roads closed on 21 December 2006 and were opened by

the Acting Senior Engineer and the City's Contracts Coordinator.

The Tender was advertised in the South Western Times on 1 December 2006 with a statutory

submission period of fourteen (14) days. Tenders closed at 3.00pm on 21 December 2006.

Two (2) tenders were received from:

1. Malatesta Road Paving and Hotmix, Lot 2 South West Highway, Bunbury

2. Pioneer Road Services, Lot 6 Harris Road, Picton

A Tender Evaluation Panel consisting of the Acting City Engineer and Works Coordinator

assessed the tenders.

The tenders were evaluated using the non-weighted price method as recommended by the

Local Government Purchasing and Tender Guide. Each tender was assessed for compliance,

qualitative criteria and price.

A confidential report containing price information, qualitative criteria ranking and summary

has been circulated to members under separate cover.

Compliance Criteria

The compliance criteria required each tenderer to supply the following information:

- Ability to undertake the works within the time frame required

- Financial stability

- Insurance

Both tenders met the compliance criteria.


Page 29

Qualitative Criteria

Both tenders were assessed against the qualitative criteria, which were:

Weighting

a) Standard of Tender Submission

- Have you complied with the Conditions of Tendering in this Request?

- Will you be able to comply with the time frame for commencing works?

- Have you complied with and completed the Price Schedule? 10%

b) Quality Systems (description of in-house quality system) 25%

c) Understanding (of the required task) 15%

d) Demonstrated experience (with similar projects) 50%

TOTAL: 100%

Price

The tender is a schedule of rates tender. Indicative quantities were provided in the tender

document to enable an indicative total price to be provided. The figures are included in the

report provided under separate cover.


Acceptance of the Executive Recommendation is consistent with Council’s Strategic Plan and

will “facilitate the provision of engineering services in the design and construction of capital

works and the maintenance of civil works and related infrastructure”.


The tender was advertised for public information as required under legislation.


Tender specifications were developed in consultation with operational and design staff

involved in re-sealing work.


The City's Capital Works Budget for the re-sealing programme is $216,000. The tendered

rates will allow the scope of works to be completed within budget.

A list of additional roads has been identified should surplus funds become available after the

planned programme has been completed.


Page 30


Economic and Social Issues

The recommended company is located in Bunbury so the contract will benefit employment

opportunities in the region. Awarding the contract will result in improved visual amenity and

infrastructure facilities for the Bunbury community and tourists.

Heritage and Environmental Issues

There are no known issues to consider.


The tender process complies with the requirements of Work Procedure WP/4.6 (Tender

Procedure).


Advertising and processing of tenders has been conducted in accordance with the Local

Government (Functions and General) Regulation 1996, Part 4 – Tenders for Providing Goods

or Services (s3.57).


The total cost of the contracts exceeds the value of $50,000. The contracts have been dealt

with in accordance with the Local Government (Functions and General) Regulations 1996,

Part 4 – “Tenders for Providing Goods or Services” (s3.57) and now need to be considered by

Council.

Relevant Precedents

Previous tenders have been referred to Council for determination.

Conclusion

Pioneer Road Services is the contractor currently undertaking re-sealing for the City and is

the preferred tenderer in this instance. The company has fulfilled its requirements under the

previous tender to the satisfaction of the City of Bunbury.

Options

Option 1



Page 31

Option 2

Council can elect to reject all tenders received and re-advertise.


Council to undertake the following with respect to Tender 2006/2007-21 for the City's Road

Re-sealing Programme:

1. Accept the tender from (and enter into a contract with) Pioneer Road Services.

2. Record the successful tender price in the Council Minutes.


Members asked questions of the Executive Manager of City Services and generally agreed

that they would like some additional information before making a decision.

Cr Dillon moved a procedural motion (no seconder required) that the matter be referred back

to committee. The motion was defeated 1 vote "for" to 10 votes "against".

Cr Wenn then moved (and Cr Leigh seconded) the Executive Recommendation

recommending appointment of Pioneer Road Services.

Before the motion could be put to the vote, Cr T Smith foreshadowed that he will move a new

motion recommending appointment of the other tenderer - Malatesta Road Paving and

Hotmix.

The motion (recommending Pioneer) was put the vote and defeated 4 votes "for" to 7 votes

"against".

For: Mayor D Smith & Crs Leigh, Lambert & Wenn

Against: Crs T Smith, Jones, Dillon, Craddock, Rooney, Frisina & Rose

Cr T Smith moved (Cr Dillon seconded) the foreshadowed motion recommending

appointment of Malatesta Road Paving and Hotmix. This motion was put to the vote and

defeated 5 votes "for" to 6 votes "against".

For: Mayor D Smith & Crs Rooney, Dillon, Jones & T Smith

Against: Crs Leigh, Craddock, Frisina, Rose, Lambert & Wenn


Page 32

The Mayor then called on the Executive Manager of City Services to prepare a new report for

consideration at the Council Meeting on 13 February 2007. The report is to address concerns

raised by committee members, such as:

- How is the local preference policy calculated as both companies are 'local' companies

but the recommended tenderer appears to be a branch of a much larger multi-national

corporation?

- Why is there such a large difference between the traffic management costs quoted by

each tenderer?

- Has the recommended tenderer quoted sufficiently to cover advertising/public

notification costs for the project?

A procedural motion was again moved Cr Lambert and seconded Cr Wenn, referring the

matter back to committee for further consideration. The motion was adopted to become the

Committee's recommendation on this matter.


Tender 2006/2007-21 for the City's Road Re-sealing Programme, be referred back to

committee for further consideration.



Page 33

11.5 TENDER 2006/2007-19 FOR SUPPLY OF ONE ROAD SWEEPER AND ONE

COMPACT PAVEMENT SWEEPER

File Ref: A00748


Author: Tony Battersby, Manager Waste Services


Summary

This report provides information for the selection of a company or companies for the supply

of one (1) new road sweeper and one (1) new compact pavement sweeper.

Background

Tenders for the supply of one road sweeper and one compact pavement sweeper closed at

3.00pm on Thursday, 14 December 2006 and were opened by the City's Contracts

Coordinator and Manager of Waste Services.

Tenders were received from:

1. Wel-Quip, 17 Mercantile Way, Malaga, WA, 6945

2. MacDonald Johnston, 239 Collier Road Bayswater, WA, 6053

3. Rosmech, 30 Stanbel Road, Salisbury Plain, SA, 5109

4. Nilfisk - Advance, 48 Egerton Street, Silverwater, NSW, 2128

A Tender Evaluation Panel was established to assess submissions. The Panel consisted of: the

Manager Waste Services, Waste Services Supervisor and Waste Services Administration

Officer.

The tender was evaluated using the non-weighted price method as recommended by the Local

Government Purchasing and Tender Guide. Each tender was assessed for compliance, scored

against qualitative criteria and evaluated against value for money criteria.

A confidential report containing price and qualitative criteria information has been provided

under separate cover.

Compliance Criteria

The compliance criteria required each supply tenderer to submit the following evidence:

- confirmation the sweepers offered meets the specifications, and;

- ability to supply within the required timeframes.


Page 34

Qualitative Criteria

All supply tenders were assessed against the following Qualitative Criteria weightings:

Qualitative Criteria Weighting

Cost of servicing and depreciation 35%

Warranty 5%

Ease of daily / scheduled maintenance 5%

Ease of use / operational suitability 20%

Operator comfort / occupational safety and

health requirements

15%

Service Centre location, hours of operation

and availability to supply spare parts in a

timely manner

15%

Delivery timetable 5%

TOTAL:

100%


Acceptance of the Executive Recommendation listed in this report would be consistent with

Council’s Strategic Plan 2002-2007 as it will “facilitate the provision of waste services to the

Ratepayers of the City of Bunbury".


The tender was advertised in The West Australian on Wednesday, 29 November 2006 and the

South Western Times on Thursday, 30 November 2006 in accordance with the Local

Government Act 1995.


Tender specifications were developed in consultation with operational staff involved in the

use of the road sweeper and the compact pavement sweeper. Staff inspected similar road

sweepers and compact pavement sweepers at the City of Perth, City of Stirling and the City of

Mandurah. Operational staff involved with the road and pavement sweeping at each of the

local governments were also consulted on the operational suitability of each machine.


A budget allocation for the purchase of one (1) road sweeper and one (1) compact pavement

sweeper has been allowed for in the 2006/2007 Waste Services Plant Replacement Budget.


Page 35


Economic

No adverse economic issues are thought likely to arise as a result of the Executive

Recommendation.

Environmental

The removal of litter, debris and sediment from the City’s streets, car parks and footpaths will

improve the local environment and reduce the amount of sediment entering the estuary and

local waterways. The sweepers comply with emission standards and relevant environmental

requirements.

Social

The awarding of the street sweeping contract will result in improved visual amenity and

infrastructure facilities for the Bunbury community and tourists. It will work toward

enhancing the sense of place and the social values of the City of Bunbury.

Heritage

There are no known heritage issues.


The Tender process complies with the requirements of Work Procedure WP4.6 (Tender

Procedure).


The calling of tenders was undertaken in the accordance with the provisions of the Local

Government Act 1995 and the Local Government (Functions and General) Regulations 1996.


As the tender exceeds $50,000 it has been submitted to Council for approval.

Relevant Precedents

Previous tenders have been referred to Council for determination.


Page 36

Options

Option 1

Per the Executive Recommendation.

Option 2

The Council may elect to reject all tenders and re-advertise the tender.

Conclusion

From the information provided and the assessment process undertaken, the Tender Evaluation

Panel believes the Executive Recommendation will provide the City with the most suitable

vehicles.


With regard to Tender 2006/2007-19 for supply of one (1) road sweeper and one (1) compact

pavement sweeper:

1. Council accepts the tender from Macdonald Johnston for the purchase of one (1) road

sweeper Model VT605 on Hino Ranger Pro-7 with the option as specified in the

submitted tender.

2. Council accepts the tender submission from Macdonald Johnston for the purchase of

one (1) Compact Pavement Sweeper Model CN100 Sub Compact Sweeper with

options as specified in the submitted tender.

3. The successful tender price to be recorded in the Council Meeting minutes of

13 February 2007.


The City's Manager of Waste Services gave committee members an overview of the types of

machines involved in this tender and the reasons for their selection. He then responded to

questions.

The Executive Recommendation was moved Cr Dillon, seconded Cr Leigh and adopted to



Page 37


With regard to Tender 2006/2007-19 for supply of one (1) road sweeper and one (1)

compact pavement sweeper:

1. Council accepts the tender from Macdonald Johnston for the purchase of one (1)

road sweeper Model VT605 on Hino Ranger Pro-7 with the option as specified in

the submitted tender.

2. Council accepts the tender submission from Macdonald Johnston for the

purchase of one (1) Compact Pavement Sweeper Model CN100 Sub Compact

Sweeper with options as specified in the submitted tender.

3. The successful tender price to be recorded in the Council Meeting minutes of

13 February 2007.



Page 38

11.6 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - MEMBERSHIP

NOMINATION

File Ref: A00443


Author: Sandra Goerling, Sister City Officer

Executive: Dom Marzano, Acting Executive Manager City Life

Summary

Pauline Vukelic has nominated for appointment to the Bunbury-Setagaya Sister Cities

Committee. The addition of further members to the committee is permitted under its Terms

of Reference i.e., a maximum of twelve community members allowable - currently, there are

only ten.

Ms Vukelic will ensure the committee has a quorum present at each meeting and bring a

range of experience to the committee. The committee supports the new appointment.

Background

The Bunbury-Setagaya Sister Cities Committee comprises two (2) councillors and up to

twelve (12) community representatives. The committee makes recommendations to Council

based on the following Terms of Reference:

- To publicise and educate the Bunbury community on its Sister City relationship with

the City of Setagaya through active promotional programmes and liaison with

community, educational and commercial organisations.

- To encourage the development of special links between individuals and interest

groups of the two communities.

- To encourage and plan for cross-cultural visitations between the Cities of Bunbury

and Setagaya.

- To identify opportunities to develop areas of mutual interest between the two cities.

- To advise the Bunbury City Council on matters relating to the Sister City relationship.

- All communications to the Mayor of Setagaya shall be through the Mayor of

Bunbury’s office.

Ms Vukelic has nominated as she is once again a resident of Bunbury and would like to be

involved in the committee. She had a ten-year prior association with the committee and

would like to continue to strengthen the ties between the City of Bunbury and Setagaya.


Page 39


The proposal is consistent with the City's Strategic Directions i.e., "having diverse arts,

cultural, recreational and leisure opportunities" and "having Bunbury recognised as a place to

live work and invest".


No community consultation has been undertaken concerning this proposal


The members of the Bunbury-Setagaya Sister Cities Committee unanimously support the

nomination


There are no budget implications resulting from the proposal to appoint new members.


The proposal contained in this report will have no impact on economic, environmental or

heritage issues. In terms of social issues, the Bunbury-Setagaya Sister Cities Committee

supports increased awareness of (and interaction with) other cultures thereby contributing to a

more tolerant community.


The proposal does not contravene any existing Council Policy.


Section 5.8 of the Local Government Act 1995 requires Council to appoint members to its

advisory committees by an "absolute majority vote".


The Chief Executive Officer cannot be delegated the authority to appoint members to Council

committees.

Relevant Precedents

Council always endorses nominations for membership to its various committees.


Page 40

Options

Option 1

Per the Executive Recommendation contained in this report.

Option 2

Council may elect not to endorse the appointment of Pauline Vukelic to the Bunbury-

Setagaya Sister Cities Committee.

Conclusion

The Bunbury-Setagaya Sister Cities Committee is a very active group. Its members all

contribute directly (in a voluntary capacity) to the successful outcome of its projects. The

addition of more active, committed and knowledgeable community members would be highly

beneficial.


Council endorses the appointment of Pauline Vukelic to the Bunbury-Setagaya Sister Cities

Committee.


The Executive Recommendation was moved Cr Wenn, seconded Cr T Smith and adopted to



Council endorses the appointment of Pauline Vukelic to the Bunbury-Setagaya Sister

Cities Committee.


NOTE: AN ABSOLUTE MAJORITY VOTE WILL BE REQUIRED AT THE COUNCIL

MEETING.


Page 41

11.7 BUNBURY-SETAGAYA SISTER CITIES COMMITTEE - TOUR LEADER

APPOINTMENT 2007

File Ref: A00443



Executive: Dom Marzano, Acting Executive Manager City Life

Summary

The Bunbury-Setagaya Sister Cities Committee has identified an appropriate person for the

position of Tour Leader for the 2007 Student Goodwill Visit to the City of Setagaya, Japan.

The appointment of the Tour Leader requires the endorsement of Council.

Background

Each year the Bunbury-Setagaya Sister Cities Committee coordinates a Goodwill Visit by

sixteen Year 7 primary school students from Bunbury to Setagaya in Japan. This is one of the

key activities generated by the Sister City relationship. A Tour Leader must accompany and

be responsible for the students during the visit.

The Tour Leader is a voluntary position. All costs, such as airfares, accommodation and

meals are met by a levy imposed on participating students. The City of Bunbury bears no cost

for the provision of the Tour Leader.

The Tour Leader position for 2007/2008 was widely advertised and a rigorous selection

process conducted. Brad Robinson was the successful candidate. Mr Robinson will be

responsible for organising the student preparation meetings and other related activities in

Bunbury prior to the visit as well as many of the travel arrangements. While in Japan, Mr

Robinson will supervise the students and liaise with representatives from the City of

Setagaya. An experienced sub-committee of the Bunbury-Setagaya Sister Cities Committee

will support Mr Robinson in Bunbury.

Brad Robinson trained and currently works as a school teacher. He has extensive experience

working with school children and has arranged and accompanied several student visits to

Moka, Japan in his role as teacher of Japanese Studies at Australind Senior High School. He

has lived in Japan and has a strong command of the oral and written language as well as an

understanding of the culture. Mr Robinson has obtained the necessary Police clearances and

possesses a Senior First Aid Certificate.


The proposal is consistent with the Strategic directions of having diverse arts, cultural,

recreational and leisure opportunities in Bunbury, and; having Bunbury recognised as a place

to live work and invest.


Page 42


The Tour Leader position was advertised locally in the South Western Times and Bunbury

Herald.


The proposal has the support of Councillors Rose and Wenn - the City's current

representatives on the Bunbury-Setagaya Sister Cities Committee.


This proposal will have no financial or budget implications.


This proposal will have no impact on economic, environmental or heritage issues. It will

enhance the students' understanding of the cultural uniqueness of Japan and should have a

positive impact on cross-cultural relationships.


The proposal does not contravene any Council Policy.


The proposal does not contravene any legislation.


Not applicable.

Relevant Precedents

The Council has endorsed a Tour Leader to accompany participating students each time the

Student Goodwill Visit has been conducted.

Options

Option 1


Option 2

Council may elect not to appoint Brad Robinson as the 2007 Student Goodwill Visit Tour

Leader and re-advertise for nominations.


Page 43

Conclusion

Option 2 is not recommended. It is necessary to appoint a Tour Leader to allow the 2007

Student Goodwill Visit to Setagaya to go ahead. The proposed tour leader is well suited to the

position and has demonstrated enthusiasm and commitment for the task.


Council endorses the appointment of Brad Robinson as the Tour Leader for the 2007 Student

Goodwill Visit to the City of Setagaya, Japan.


The Executive Recommendation was moved Cr Jones, seconded Cr Wenn and adopted to


Cr Dillon left the meeting during discussion (at 7.50pm) and was absent for the vote on this

matter.


Council endorses the appointment of Brad Robinson as the Tour Leader for the 2007

Student Goodwill Visit to the City of Setagaya, Japan.



Page 44

11.8 TOWN PLANNING SCHEME NO. 7 - SCHEME AMENDMENT NO. 6 - PROPOSED

REZONING OF A PORTION OF LOT 134 WHITLEY PLACE FROM "ROAD

RESERVE - ACCESS ROAD" TO "RESIDENTIAL R15/30"

File Ref: A02310 (see also A00398)

Applicant/Proponent: Pindan / Department of Housing & Works

Author: Teshome Tadesse, Planning Officer

Executive: Geoff Klem, Executive Manager City Development

Summary

At its meeting on 26 September 2006, the Council considered (and approved) a request from

Pindan and the Department of Housing and Works to initiate a Scheme Amendment to rezone

portion of Lot 134 Whitley Place from “Road Reserve - Access Road” to “Residential

R15/30”.

The current “Road Reserve – Access Road” nomination on a portion of Lot 134 Whitley

Place is a result of the original Withers Outline Development Plan project headed by Pindan.

The Withers Outline Development Plan has not been finalised to date so it is considered that

the rezoning proposal is in order given development in the area.

The proposal indicates that the existing grouped dwellings on Lot 134 Whitley Place will be

refurbished and retained. The subject land has a current subdivision approval from the

Western Australian Planning Commission (WAPC Ref 126285) for the creation of three

green title lots.

It is recommended that Council support Scheme Amendment No. 6 to rezone a portion of Lot

134 Whitley Place from “Road Reserve - Access Road” to “Residential R15/30”.

Background

At its meeting on 26 September 2006, Council considered a request from Pindan and the

Department of Housing and Works to initiate rezoning of a portion of Lot 134 Whitley Place

from “Road Reserve - Access Road” to “Residential R15/30”. The Council's decision read:

Council Decision 159/06 - 26 September 2006

"Council, under and by virtue of the powers conferred upon it in that behalf of the Planning

and Development Act 2005, hereby resolves to:

1. Amend Town Planning Scheme No. 7 by rezoning portion of Lot 134 Whitley Place

from "Road Reserve - Access Road" to "Residential R15/30".

2. Request the applicant to prepare a formal rezoning document in respect of Lot 134

Whitley Place."

----------------------


Page 45

Following this Council decision and receipt of advice from the Environmental Protection

Authority (EPA), the proposal was advertised for public comment in accordance with the

requirements of the Planning and Development Act 2005. During the advertising period, no

submission was registered against the proposed rezoning.

A location plan is attached at Appendix 3. A Scheme Amendment Map is attached at

Appendix 4 showing existing and proposed rezoning of the subject land.

Residential R15/30 Zoning

Town Planning Scheme No. 7 ("TPS 7") allocates Residential R15/30 (dual-coding) in the

Withers locality. Lot 134 Whitley Place is located within the Withers locality. However, a

portion of Lot 134 Whitley Place is zoned “Road Reserve – Access Road” and it is proposed

to rezone this portion of the subject land to match the dual-coding of R15/30 in the vicinity.

In accordance with Clause 5.2.5 of TPS 7, certain conditions i.e., approved Outline

Development Plan, road links etc., will have to be satisfied prior to the consideration of the

higher Residential R30 density in the general area of Withers. The Withers Outline

Development Plan has not been finalised to date so in practical terms, a Residential R15

zoning applies in the Withers locality. Accordingly, the rezoning proposal will have to be

considered in light of the current Scheme requirement i.e. R15/30 coding (dual-coding).

It is anticipated that in the near future the matter of the Withers Outline Development Plan

will be resolved through an omnibus amendment to the Scheme. Until such time however,

the provisions of the current Scheme to the Withers locality.

Development On-site at Lot 134 Whitley Place

Lot 134 has an area of 3,378.58 sq.m and is currently developed for seven grouped dwellings.

The subject land has a current subdivision approval from the Western Australian Planning

Commission for the creation of three green title lots. The approved subdivision indicates that

Lot 1 will have an area of 796 sq.m (vacant). Lot 2 will have an area of 1,257 sq.m with the

existing three grouped dwellings. Lot 3 will have an area of 1,321 sq.m with four grouped

dwellings.

The applicant argues that the subdivision proposal acknowledges the retention of the existing

grouped dwellings on-site in creating three green title lots and hence, the road reserve is no

longer required. Development Services supports the applicant’s argument in that the

approved subdivision proposal does not seem to follow the current road reserve arrangement

as shown on the current Scheme. Therefore, it would be logical to rezone portion of Lot 134

Whitley Place to “Residential R15/30”.

A copy of the Subdivision Approval for Lot 134 Whitley Place (WAPC Ref: 126285) is

attached at Appendix 5.


Page 46


Council’s 2002 – 2007 Strategic Plan states that Bunbury City Council should strive to,

“Have a built environment which is safe, accessible, functional, attractive and sympathetic

with the natural environment.” Developing the City’s Town Planning Scheme is one of the

strategies for achieving this goal.


Amendment No. 6 to Town Planning Scheme No. 7 was advertised for public comment in

accordance with the requirements of the Planning and Development Act 2005. No

submissions were received during the advertisement period.


Discussions have been undertaken with Technical Officers within Development Services.


The Executive Recommendation listed in this report will not impact on the existing Annual

Budget nor are there any expenses associated with the proposal payable by Council.


The proposed rezoning will facilitate retention of existing dwellings on Lot 134 Whitley

Place and as such, promote the retention of the established character and amenity of the area.

There are no known environmental or heritage issues relating to this proposal.


The proposal complies with the requirements of Local Planning Policies under TPS No 7.

“Scheme Amendments: Application Requirements and Documentation for Purposes of

Advertising”.


In accordance with the provisions of the Planning and Development Act 2005, on completion

of advertising, the amendment documentation will be referred back to Council for

consideration. Should Council resolve to adopt the amendment, the documentation will be

referred to the Western Australian Planning Commission for assessment and endorsement and

ultimately to the Hon. Minister for Planning and Infrastructure for final approval.


The initiation and approval of a Scheme Amendment requires a decision of the Council.


Page 47

Relevant Precedents

There are no known precisely relevant precedents.

Possible Options

Option 1


Option 2

Council may elect to refuse the rezoning proposal. Should Council resolve to proceed with

this option, the suggested decision format is as follows:

"Council, under by virtue of the powers conferred upon it in that behalf of the Planning and

Development Act 2005, hereby resolves to refuse the rezoning proposal for the reason that

the current 'Road Reserve – Access Road' zoning nomination on portion of Lot 134 Whitley

Place is appropriate and consistent with Town Planning Scheme No. 7."

Conclusion

The existing grouped dwellings on Lot 134 Whitley Place will be retained. The retention of

these dwellings will make the existing road reserve redundant. It would be reasonable to

rezone a portion of Lot 134 Whitley Place as described from “Road Reserve - Access Road”

to “Residential R15/30”.


Council, under and by virtue of the powers conferred upon it under the Planning and

Development Act 2005, hereby resolves to amend Town Planning Scheme No. 7 by rezoning

that portion of Lot 134 Whitley Place as indicated in the Scheme Amendment documentation,

from “Road Reserve - Access Road” to “Residential R15/30”.


Cr Dillon (who had left the meeting during discussion of a previous item) returned to the

meeting at this point - 7.53pm.

The Executive Recommendation was moved Cr T Smith, seconded Cr Frisina and adopted to



Page 48



Development Act 2005, hereby resolves to amend Town Planning Scheme No. 7 by

rezoning that portion of Lot 134 Whitley Place as indicated in the Scheme Amendment

documentation, from “Road Reserve - Access Road” to “Residential R15/30”.

CARRIED 10 Votes "For" / 1 Vote "Against"


Page 49

11.9 FINANCIAL STATEMENTS FOR MONTHS OF NOVEMBER & DECEMBER 2006

File Ref: A02838


Author: David Ransom, City Accountant

Executive: Ken Weary, Executive Manager Corporate Services

Financial Statements for December 2006 have been circulated to members under separate

cover. The statements included the following details:

- Income Statement

- Balance Sheet

- Statement of Changes in Equity

- Statement of Financial Activity

- Statement of General Purpose Income

- Statement of Rating Information

Note 1 Significant Accounting Policies

Note 2 Description of Programmes

Note 3 Net Current Assets

Note 4 Receivables

Note 5 Other Financial Assets

Note 6 Payables

Note 7 Provisions

Note 8 Trust Funds

Note 9 Explanation of Significant Variations to Income Statement

Note 10 Capital Expenditure

Note 11 Key Operating Expenditure and Income (budget exceeding $20,000)

Note 12 Loan Funds

Note 13 Reserve Funds

Note 14 Bunbury Timber Jetty

Note 15 Investment Funds (rate of return benchmarked against International Index)

Financial Statements for the month of November 2006 are now complete and will be tabled at

the meeting for the information of members.


The Financial Statements for the months of November and December 2006, be received.


The Executive Recommendation was moved Cr Lambert, seconded Cr Wenn and adopted to



Page 50


The Financial Statements for the months of November and December 2006, be received.



Page 51

11.10 BUNBURY REGIONAL ENTERTAINMENT CENTRE INC. - APPLICATION FOR

RENEWAL OF MANAGEMENT DEED

File Ref: A00170

Applicant/Proponent: Bunbury Regional Entertainment Centre Inc.

Author: John Beaton, Manager Administration & Property Services


Summary

The Management Deed between the City of Bunbury and Bunbury Regional Entertainment

Centre Inc. is due to expire on 2 April 2007. A copy of the Deed has been circulated to

Council under separate cover.

The Board of Management is responsible for operation of the Bunbury Regional

Entertainment Centre ("BREC") and is seeking renewal of its Management Deed for a further

six (6) year term.

Councillor Ray Frisina is the Council's representative on the Board of Management.

Background

The City's Management Deed with BREC has operated effectively since its inception in 1989.

At its meeting on 23 October 2001, the Council agreed to renew the Deed for a further term

of six (6) years commencing 3 April 2001. The BREC Board of Management has complied

with the terms and conditions of the existing Deed to date and the City's Executive has no

hesitation in recommending that the term be renewed for a further six (6) years. The current

terms and conditions will be retained.

The BREC Board continues to manage and maintain the Bunbury Regional Entertainment

Centre as a quality venue for the community by presenting a diverse range of performing arts

and entertainment to the region on a professional, local or at a school level.


The proposal complies with Council's 2002-2007 Strategic Plan which states: "provide

diverse arts, cultural, recreational and leisure opportunities" and "Identify, encourage and

facilitate community arts, cultural development and recreational activities for all residents".


The proposal to renew the Management Deed (over Council property) must be advertised

pursuant to Section 3.58(3) and (4) of the Local Government Act 1995 and requires a public

submission period of fourteen (14) days.


Page 52


The City's Executive and representatives of the BREC Board of Management have mutually

agreed to the terms of the Management Deed renewal.


The City's capital and operational funding for BREC is determined as part of the City's annual

Municipal Budget deliberations.

Budget allocations for the Bunbury Regional Entertainment Centre for the past 4 years, are

shown in the table below:

Budget

2003/04 2004/05 2005/06 2006/07

Operating: $280,000 $280,000 $287,000 $294,175

Capital: - $109,991 $65,000 $60,000

Totals: $280,000 $389,991 $352,000 $354,175


Economic and Social Issues

The BREC provides an economic benefit to the City by providing various entertainment and

employment opportunities for the region. It is a popular social outlet for tourists, visitors and

residents alike.

Environmental and Heritage Issues

There are no known environmental or heritage issues to consider.


There is no Council policy applicable to granting a renewal of the Management Deed.


The intention to renew the Management Deed for a Council building is required to be

advertised for public information with a submission period of at least fourteen (14) days -

Section 3.58(3) and (4) of the Local Government Act 1995 applies.


Page 53


The Chief Executive Officer has the delegated authority of the Council to negotiate the terms

and conditions of leases and licences over Council property subject to the terms and

conditions being presented to Council for endorsement before documentation is finalised.

It is proposed that subject to no objecting submissions being received as a result of public

advertising, the Chief Executive Officer proceed with preparation of the Deed document.

Relevant Precedents

The BREC Board has satisfactorily complied with the terms and conditions of the

Management Deed to date and continues to manage and maintain the Bunbury Regional

Entertainment Centre to a high standard.

The Management Board has operated the BREC since the Centre's inception in 1989 and the

agreement stipulates that the Council is represented on the Board - the current Council

representative is Councillor Frisina.

Options

Option 1


Option 2

Council may renew the Management Deed with amendments to the terms and conditions (as

stipulated by members at the meeting)

Option 3

Council may elect not to renew the Management Deed and determine an alternative

management method for the Bunbury Regional Entertainment Centre.

Conclusion

The BREC Board of Management has satisfactorily operated the Bunbury Regional

Entertainment Centre to a high standard since the Centre's inception in 1989. The Board has

fulfilled all obligations and responsibilities required under the terms and conditions of the

Deed.


Page 54


The Management Deed between the City of Bunbury and Bunbury Regional Entertainment

Centre Inc. for management of the Bunbury Regional Entertainment Centre, be renewed for a

further six (6) years commencing 3 April 2007; subject to the current terms and conditions

being retained and also subject to:

1. The intention to renew the Management Deed to be advertised for public information

with a public submission period of no less than two (2) weeks pursuant to Section

3.58(3) and (4) of the Local Government Act 1995 i.e., notices to be posted at the

City's libraries and Customer Service Centre; notice posted on the City's website and a

notice published in the City Update Column of the Bunbury Mail Newspaper.

2. Subject to no objecting submissions being received at the conclusion of the public

advertising period, the Chief Executive Officer is authorised to proceed with

preparation and execution of the Deed documentation.

3. All costs associated with the Management Deed renewal (including advertising and

registration costs) are to be borne by the Bunbury Regional Entertainment Centre Inc.


The Executive Recommendation was moved Cr Craddock, seconded Cr Leigh and adopted to



The Management Deed between the City of Bunbury and Bunbury Regional

Entertainment Centre Inc. for management of the Bunbury Regional Entertainment

Centre, be renewed for a further six (6) years commencing 3 April 2007; subject to the

current terms and conditions being retained and also subject to:

1. The intention to renew the Management Deed to be advertised for public

information with a public submission period of no less than two (2) weeks

pursuant to Section 3.58(3) and (4) of the Local Government Act 1995 i.e., notices

to be posted at the City's libraries and Customer Service Centre; notice posted

on the City's website and a notice published in the City Update Column of the

Bunbury Mail Newspaper.

2. Subject to no objecting submissions being received at the conclusion of the public

advertising period, the Chief Executive Officer is authorised to proceed with

preparation and execution of the Deed documentation.

3. All costs associated with the Management Deed renewal (including advertising

and registration costs) are to be borne by the Bunbury Regional Entertainment

Centre Inc.



Page 55

11.11 PROPOSED REZONING - PREPARING FOR SALE OF LOT 66 OCEAN DRIVE

File Ref: A00411


Author: John Beaton, Manager Administration & Property Services


Summary

This report is to enable Council to assess rationalisation of Council's existing property

portfolio with the view to providing a development opportunity and generating revenue to

fund Council's capital works, debt reduction and Council's reserve funds.

Background

The following property has been identified as being surplus to the City's land asset

requirements. Before disposal of this property for development can be considered however,

rezoning is required necessitating a formal Scheme Amendment:

Location C/Title Area Existing Zoning Proposed Zoning

Lot 66

Ocean Drive

Vol. 1436

Fol. 697

2,855 sq.m Parks and

Recreation

Special Use - Tourist

and/or Commercial

A location plan and site plan showing existing/proposed zonings, is attached at Appendix 7.


Strategic Outcomes

The recommended rationalisation programme complies with Council's 2002-2007 Strategic

Plan 2(a) i.e., it provides support to the City's economy by developing the City's residential,

tourism and commercial landholdings.

Regional Outcomes

The proposal provides an opportunity to underpin Bunbury as a strong regional centre by

ensuring the availability of high quality land for development.


Page 56


Following endorsement by the Department for the Environment, Water and Catchment

Protection ("DEWCP"), it is a statutory requirement that amendments to Town Planning

Schemes are publicly advertised for comment for a period of 42 days (minimum). The

Council must take into account any submissions received from the public during the period of

advertising prior to it adopting the Scheme Amendment.

All public submissions received and the Scheme Amendment documents are referred to the

WA Planning Commission for final endorsement by the Minister for Planning and

Infrastructure before the Scheme Amendment can be formalised.


An outline of the proposed rationalisation programme was presented at a briefing session held

with councillors on 7 November 2006.


It is anticipated the sale of this land will provide a return to the City in excess of $2.2(M).

Income received will be available for allocation to capital works, debt reduction schemes and

Council's reserve funds.


Economic Issues

The availability of quality residential, tourism and commercial land promotes employment

opportunities through development of the land and increased economic infrastructure.

Social Issues

The availability of land provides the opportunity to invest locally and contribute to the

development of the City.

Environmental Issues

Any environmental issues associated with the sale of the land will be considered prior to sale.

No environmental issues have been identified (to date) that could restrict the land's disposal.

Heritage Issues

There are no known heritage issues associated with the proposal.


There are no relative Council policies to consider.


Page 57


All Scheme Amendment applications must be sent to the Department for the Environment,

Water and Catchment Protection ("DEWCP") for confirmation that there are no relevant

environmental issues to be resolved before the Scheme Amendment process can advance.

Once DEWCP endorsement has been obtained, the Planning and Development Act 2005

requires that proposed amendments to Town Planning Schemes are advertised for public

comment for a period of 42 days (minimum). Any resulting public submissions must be

considered by the Council before it can resolve to adopt the proposed Scheme Amendment.

Completed Scheme Amendment documentation is referred to the WA Planning Commission

for assessment and final endorsement by the Minister for Planning and Infrastructure; before

the Amendment is considered enacted.


The Chief Executive Officer does not have the delegated authority of the Council to enact the

rezoning of land.

Relevant Precedents

Council has previously granted consent for rezoning of surplus Council-owned land prior to

disposal e.g., Lot 610 Maiden Park Road (7 December 2004) and Lot 779 Lockwood

Crescent (8 February 2005).

It should be noted that final approval rests with the Minister for Planning and Infrastructure.

Options

Option 1


Option 2

Per the Executive Recommendation with any identified amendments.

Option 3

Council may elect not to proceed with the rezoning of the land, proposed subdivision and sale

as recommended.


Page 58

Conclusion

Rezoning Lot 66 Ocean Drive to "Special-Use Commercial/Tourism" will be in keeping with

the City Vision Strategy as it will make land available for commercial/tourism development

that will benefit the City and its region both socially and economically.


1. Council, under and by virtue of the powers conferred upon it under the Planning and

Development Act 2005, hereby resolves to initiate amendment of the Town Planning

Scheme to allow for rezoning of Lot 66 Ocean Drive from "Parks and Recreation" to

"Special-Use Commercial/Tourism".

2. Subject to endorsement by the Department of Environment, Water and Catchment

Protection; the proposed Scheme Amendment to be advertised for public comment

with a submission period of no less than forty-two (42) days.

3. Following public advertising, the Scheme Amendment application to be returned to

Council for further consideration.

4. Subject to finalisation of the proposed rezoning of Lot 66 Ocean Drive, a Business

Plan outlining the proposed sale of land is to be prepared and advertised pursuant to

Section 3.59 of the Local Government Act 1995.


The Executive Manager of City Development indicated that it could take up to one year

before the rezoning process is finalised. Preparation of the business plan can be undertaken

in advance of finalisation of the Town Planning Scheme amendment.

The Executive Recommendation was moved Cr Jones, seconded Cr Lambert and adopted to



Page 59


1. Council, under and by virtue of the powers conferred upon it under the Planning

and Development Act 2005, hereby resolves to initiate amendment of the Town

Planning Scheme to allow for rezoning of Lot 66 Ocean Drive from "Parks and

Recreation" to "Special-Use Commercial/Tourism".

2. Subject to endorsement by the Department of Environment, Water and

Catchment Protection; the proposed Scheme Amendment to be advertised for

public comment with a submission period of no less than forty-two (42) days.

3. Following public advertising, the Scheme Amendment application to be returned

to Council for further consideration.

4. Subject to finalisation of the proposed rezoning of Lot 66 Ocean Drive, a

Business Plan outlining the proposed sale of land is to be prepared and

advertised pursuant to Section 3.59 of the Local Government Act 1995.



Page 60

11.12 PROPOSED AMENDMENT NO. 24 TO TOWN PLANNING SCHEME NO. 7 -

REZONING PORTION OF LOT 10 OCEAN DRIVE, BUNBURY

File Ref: P13059

Applicant/Proponent: Insitu Planning & Design

Author: Paul Davies, Consultant Planning Officer


Summary

At its meeting held on 1 November 2005 Council resolved (Decision No. 253/05) to initiate

an Amendment to Town Planning Scheme No. 7 to rezone a small portion of Lot 6 (now Lot

11) Ocean Drive from the ‘Special Use-Motel’ zone to the ‘Residential R40’ zone.

Scheme Amendment 24 has been prepared, initiated and subsequently advertised for public

comment with no objections being received. The purpose of this report is for Council to

consider the Scheme Amendment and make a formal determination on the granting of final

approval to the Amendment.

It is recommended that Council grants final approval to the Amendment and recommends

support to the Minister for Planning and Infrastructure.

Background

When the matter was first considered by the Council in November 2005, the subject lots were

described as Lot 569 & Lot 6 Ocean Drive. Lot 6 contains the Ocean Drive motel; whilst Lot

569 contains a stand alone, two-storey building that once formed part of the Ocean Drive

Motel and which is being converted into residential units (Multiple Dwellings) in accordance

with a Development Approval issued by the City of Bunbury.

An 86 sq.m triangular portion of Lot 6 (hereinafter referred to as “the Land”) was required for

the parking of vehicles associated with the 14 approved residential units on Lot 569.

Therefore, at its meeting in November 2005, the Council resolved to initiate the rezoning of

the 86 sq.m portion of Lot 6 (“the Land”) from a ‘Special Use’ zone to the ‘Residential R40’

zone.

Since that Council meeting “the Land” has been excised from Lot 6 and amalgamated with

Lot 569. Hence, all parking associated with the 14 residential units is now contained on the

one property, being Lot 569.

Furthermore, during the subdivision/amalgamation process, Lot 569 was renumbered to Lot

10, whilst Lot 6 was renumbered to Lot 11. Consequently, “the Land” is now a portion of Lot

10. Although the physical location of “the Land” has not changed, the description of the

property containing “the Land” has changed from Lot 6 to Lot 10.

Hence, this report comments on the proposal to rezone a portion of Lot 10 Ocean Drive.


Page 61

Lot 10 Ocean Drive is owned by Hillstek Holdings Pty. Lot 10 contains the stand alone, two-

storey building that once formed part of the Ocean Drive Motel and which is being converted

into residential units (Multiple Dwellings) in accordance with a Development Approval

issued by the City of Bunbury.

Town Planning Scheme Compliance

Lot 10 Ocean Drive is zoned ‘Residential R40’, with a small triangular portion (“the Land”)

zoned ‘Special Use – Motel’. Refer to zoning map attached at Appendix 8. The dual zoning

has resulted from the recent excision of “the Land” from the adjoining lot to the south, and

the subsequent amalgamation of “the Land” into Lot 10.

Within TPS No 7, Schedule No.2 lists details and development standards relating to the

numerous Special Use zones throughout the City. Special Use Zone 42 references both Lots

6 and 569 Ocean Drive as containing the Ocean Drive Motel. This is incorrect as the Ocean

Drive Motel is now wholly contained within Lot 11 Ocean Drive.

Scheme Amendment

The Amendment proposes to rezone the recently amalgamated, 86 sq.m portion of Lot 10

(“the Land) from the ‘Special Use-Motel’ zone to the ‘Residential R40’ zone, to be consistent

with the existing zoning of the balance of Lot 10.

The Amendment also proposes to modify the provisions of Special Use Zone 42 (‘Special

Use-Motel’) by deleting reference to Lot 569 (now Lot 10) and Lot 6 (now Lot 11) Ocean

Drive as containing any part of the Ocean Drive Motel. The Ocean Drive Motel is now

wholly contained within Lot 11 Ocean Drive and the provisions of Special Use Zone 42 need

to be modified to reflect this.


The broad direction of the 2002-2007 Strategic Plan would not be compromised by

supporting the proposal.


The Scheme Amendment was advertised for public comment for a period of 42 days.

Advertising consisted of two (2) signs being placed on-site and an advertisement of the

proposed amendment in the Bunbury Mail ‘City Update’ published on two (2) consecutive

occasions. Letters were sent to the adjoining owners and occupiers. No submissions were

received.


Development Services staff considered the matter collaboratively.


Page 62


No financial or budget implications are expected.


The subject Amendment does not propose any land use change and does not propose any

additional development to that which has been approved or already exists on Lot 10;

therefore, there are no economic, social, environmental or heritage issues as a consequence of

the proposed rezoning.


Local Planning Policy – “Design Guidelines for Residential Development” - establishes

requirements for development in established residential areas and includes setbacks, fencing

etc. The Development Application and rezoning proposal both satisfy the requirements of

this Policy.


In accordance with the provisions of the Planning and Development Act 2005, upon

completion of advertising, the amendment documentation is referred back to Council for

consideration. Should Council then resolve to adopt the amendment, the documentation is

referred to the WAPC for assessment and endorsement and for referral to the Hon. Minister

for Planning and Infrastructure for final approval.


The adoption of a Scheme Amendment is by decision of Council.

Relevant Precedents

There are no relevant precedents for consideration in conjunction with the subject rezoning

proposal.

Options

Option 1

Per the Executive Recommendation.


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Option 2

Should Council wish to reject the proposal, the following wording is provided:

"Council, under and by virtue of the powers conferred upon it under the Planning and

Development Act 2005, hereby resolves not to initiate the Scheme amendment as it is not

considered necessary to rezone an 86 sq.m portion of Lot 10 Ocean Drive as the approved

residential unit development on the site can still function adequately without that portion of

land being rezoned."

Conclusion

The City of Bunbury has granted Development Approval for the conversion of the existing

two-storey building on Lot 10 Ocean Drive into 14 residential units (Multiple Dwellings).

The Development Approval is conditional upon an 86 sq.m portion of the adjoining lot to the

south, which contains land associated with the car parking area for the residential units on Lot

10, being amalgamated and rezoned accordingly.

The 86 sq.m portion of land has been excised from the adjoining lot and has subsequently

been amalgamated into Lot 10. This Scheme Amendment has therefore been prepared

specifically to conclude the requirements of that Development Approval.

Furthermore, the Amendment proposes to tidy up the anomaly that exists within Schedule 2

of Town Planning Scheme No 7 whereby Special Use Zone 42 refers to both Lots 569 and 6

(now Lots 10 & 11) as containing the Ocean Drive Motel. The Ocean Drive Motel is now

wholly contained within Lot 11 Ocean Drive and the provisions of Special Use Zone 42 need

to be modified to reflect this.



Development Act 2005, resolves to:

1. Amend the City of Bunbury Town Planning Scheme No. 7 by rezoning a portion of

Lot 10 Ocean Drive, Bunbury from ‘Special Use - Motel’ to ‘Residential R40’ and

amending the Scheme Maps accordingly.

2. Amend Schedule 2 "Special Use Zones" by deleting reference to Lot 569 and Lot 6

Ocean Drive under Special Use Zone No. 42 and identifying Lot 11 Ocean Drive (on

deposited Plan No. P04695811) as containing the Ocean Drive Motel.


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3. Advise Insitu Planning & Design of the Council decision and request the submission

of five (5) suitably modified copies of the Scheme Amendment documentation.

4. Forward the signed and sealed Scheme Amendment documents to the Minister for

Planning & Infrastructure via the Western Australian Planning Commission, with a

request that final approval be granted.


The Executive Recommendation was moved Cr Dillon, seconded Cr T Smith and adopted to




Development Act 2005, resolves to:

1. Amend the City of Bunbury Town Planning Scheme No. 7 by rezoning a portion

of Lot 10 Ocean Drive, Bunbury from ‘Special Use - Motel’ to ‘Residential R40’

and amending the Scheme Maps accordingly.

2. Amend Schedule 2 'Special Use Zones' by deleting reference to Lot 569 and Lot 6

Ocean Drive under Special Use Zone No. 42 and identifying Lot 11 Ocean Drive

(on deposited Plan No. P04695811) as containing the Ocean Drive Motel.



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11.13 AMENDMENT TO LOCAL LAW "ADVERTISING DEVICES"

File Ref: A00129


Author: Gary Fitzgerald, Manager Development Services


Summary

Proposal to amend the Local Law relating to Advertising Devices (that was adopted by

Council on 18 February 2003) so as to reflect the recommendations of the Western Australian

Government Joint Standing Committee on Delegated Legislation.

Background

The following decision was made at the Council Meeting of 22 October 2001:

Decision No. 284/01 - 22 October 2001

"Council consideration of the draft Advertising Devices Local Law and Policy be deferred for

a period of twenty eight (28) days to enable the Chamber of Commerce or other interested

parties, to lodge “particularised” submissions in relation to the issue."

A further decision was made at the Council Meeting of 18 December 2001:

Decision No. 578/01 - 18 December 2001

"1. Council give state-wide public notice in accordance with Section 3.12 of the Local

Government Act 1995 (as amended) of its intention to repeal the existing Signs

Hoardings and Bill Posting Local Laws and intention to adopt the proposed

Advertising Devices Local Law and Advertising Devices Policy with an invitation for

public submissions on the proposed Advertising Devices Local Laws.

2. A report be presented to Council at the conclusion of the period for public

submissions."

------------------------

The proposed Advertising Local Law and Advertising Devices Policy were advertised for

public comment in The West Australian on Saturday, 26 January 2002 and the South Western

Times on Thursday, 31 January 2002. The closing date was to be 11 March 2002 but due to

several requests for an extension of the public submission period, this was extended until

15 April 2002.


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In conjunction with public advertising, several information sessions on the proposed Local

Law and Policy were held with the local Chamber of Commerce as well as sign writers and

business operators within the City.

Following extensive consultation with the community and industry throughout 2002, Council

again considered the proposed Advertising Local Law and Policy (meeting of 18 February

2003) and made the following decision:

Decision No. 39/03 – 18 February 2003

"Council approve the Advertising Devices Local Law and Policy in accordance with Section

3.12 of the Local Government Act 1995 (as amended), and:

1. Approve a 6-month moratorium effective from the date of gazettal of the Advertising

Devices Local Law on the enforcement of the provisions relating to existing signage,

in order to facilitate a extensive awareness and education campaign to be undertaken

by Council staff, and ;

2. During the 6-month moratorium period, application for multiple signage be

considered as a one-off application allowing owners of signs that may not have had

approval to be licensed with the one application; the maximum fee for such an

application would be $50.00."

----------------------------

The City of Bunbury Local Law relating to Advertising Devices was publicised in the

Government Gazette on 24 March 2003 and all relevant documentation was forwarded to the

State Government's Joint Standing Committee of Delegated Legislation for approval.

On 14 May 2003 the Joint Standing Committee on Delegated Authority scrutinised the City

of Bunbury Local Law relating to Advertising Devices and found a number of procedural and

drafting errors. The Committee advised that these errors and issues can be dealt with by

amendment to the Local Law. Amendments required are as follows:

- In relation to the Repeal Clause, the City is to specify the particular local laws that are

to be repealed from the Local Laws Register;

- The local law lacks an Application Clause. The City is to amend the Local Law to

include an Application Clause;

- In relation to clause 2.3(i), the City is to delete the term ‘policy’ and replace it with

the phrase ‘Advertising Devices Policy;’

- In relation to clause 2.6, the City is to delete all three of the sub-clauses 2.61, 2.62 and

2.63;


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- In relation to Clause 2.13 (Obligations) the Parliamentary Joint Standing Committee

sees this clause as merely exhortative as it was observed that Part 11.2 of the City’s

Town Planning Scheme already covers the field outlined in this clause. Part 11.2 of

the City’s Town Planning Scheme permits the City to order the removal of an

advertising device by notice in circumstances where the sign has not been repaired or

maintained.

Further it was noted that Clause 2.13 was not included in the list of offences to which

a modified penalty attaches under clause 3.2.2. As the inclusion of Clause 2.13 has

resulted in duplication, the Committee requested that should the City not wish to

delete this Clause further justification be provided. It is proposed that this Clause be

deleted.

- In relation to clause 3.2.3, the City is to delete the words “or against a clause of the

Advertising Devices Policy (Where the policy states that a breach of the clause is an

offence)”;

- In relation to clause 3.6.2, the City is to delete the reference to the “local

Government”;

- In relation to clause 3.7.1, the City is to delete the words “or against a clause of the

advertising Devices Policy (where the policy states that a breach of the clause is an

offence)”;

- In relation to clause 3.8, the City is to delete the heading to clause 3.8 and re-number

3.8.2 to 3.8.1;

- In relation to the transitional clause in Division 4, the City is to specify the particular

Local Laws from the Local Laws Register that are the subject of the ‘former

provisions’ including gazettal dates as well as the date of any subsequent

amendments;

- In relation to Division 5, the City is to repeal clauses 5.1, 5.2, 5.3 and 5.4;

- The citation clause in Schedule 1, Form 1, is to be amended. Form 1 presently cites

the Advertising Devices Local Laws (plural) whereas it should be cited as the City of

Bunbury Advertising Devices Local Law (singular).

- In relation to Schedule 1, the Committee observed that although there is a proscribed

form for the issuing of an infringement notice, there is not a form for the withdrawal

of an infringement notice. In order to adequately rectify this matter it is proposed that

Form 3, Notice of Withdrawal of Infringement Notice under the Local Government

(Functions and General) Regulation 1996; be added to this Local Law as Form 2.


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On 16 May 2003, the Joint Standing Committee forwarded the above list of amendments it

required to be made to the Local Law to the City. Subsequently, on 1 December 2006 further

correspondence from the Joint Standing Committee was received requesting that that the

previously requested amendments be commenced forthwith.

In order to allow for these amendments to be made, Section 3.12 of the Local Government

Act 1995 gives the process for Local Law amendment and adoption. This process (which

includes public advertising) is outlined under the “Legislative Compliance” section of this

report.

An amended copy of the City of Bunbury Local Law relating to Advertising Devices is

attached at Appendix 6 (amended sections are highlighted).

Purpose and Effect of Amended Local Law

The purpose of the amendments to the Advertising Devices Local Law is to ensure

compliance with the recommendations of the Parliamentary Joint Standing Committee on

Delegated Legislation.

The effect of the amendments to the Advertising Devices Local Law will be for Council to

adopt, Gazette and implement the recommendations of the Joint Standing Committee on



Under Section 3.12 of the Local Government Act 1995, it is a requirement of Council to

advertise the amended Local Law by giving state-wide and local public notice. This is

followed by a 6 week public submission period. Further to this, a copy of the Local Law is to

be made available to any person requesting it and a copy sent to the relevant Minister(s).

A written summary of any public submissions received during the public submission period

will be forwarded for Council consideration.


The matter has been canvassed at staff level with a view to gaining maximum input into the

decision making process.

Council considered the Advertising Devices Local Law at its meetings on 22 October 2001,

18 December 2001 and 18 February 2003.


No adverse financial or municipal budget implications are expected to result from the

amendment to the Local Law except for the costs association with the local and state-wide

advertising and the advertising of the local law in the Government Gazette as required under

legislation.


Page 69


Advertising signs are a significant element to the City’s environment, impacting on both the

natural beauty of the area and the liveability of the built environment. While it is

acknowledged that advertising signs can contribute to the urban environments by adding

vibrancy and life, poor quality and inappropriate signs can also detract from the overall

amenity and atmosphere of an area.


Council currently has an Advertising Devices Policy in place. The proposed amendment to

the Local Law will enable the enforcement of the Policy.


Section 3.12 of the Local Government Act 1995 gives the process for Local Law adoption

(this includes amendments to local laws). The ten-step process is as follows:

1. A summary of the ‘Purpose and Effect’ of the Local Law is to be read aloud at a

Council Meeting and a Council decision made to advertise the proposed law for

public information.

2. The draft Local Law is to then be given state-wide public notice and local public

notice.

3. A public submission period of at least six (6) weeks from the date of the first state-

wide notice is to be allowed.

4. A copy of the proposed law is to be sent to the Minister for Local Government and

any other Minister administering an Act under which the law is made.

5. A copy of the proposed Local Law is to be made available to any person requiring it.

(Adoption of a Local Law or any amendments thereto, can only be made once the

public submission process is complete).

6. A written summary of any public submissions received is to be included as an item for

Council consideration.

7. Council is to consider submissions and may decide by a special majority vote to make

the law (if not substantially different from the original proposal).

8. The new Local Law is to be published in the Government Gazette and a copy

provided to the relevant Minister.


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9. Local public notice is to be given stating the title of the new Local Law, a summary of

its “Purpose and Effect” and the date on which it comes into operation. The public

must be advised that copies are available for information.

10. Explanatory material and copies of the new Local Law are to be provided to the

Parliament at the direction of the Minister.


The Chief Executive Officer cannot be delegated the authority to make decisions that require

a special majority vote of the Council.

Relevant Precedents

Council first adopted Local Laws relating to Signs, Hoardings and Bill Postings on

6 November 1964.

Options

Option 1

Council approve the Executive Recommendation listed in this report.

Option 2

Council may advise the Western Australian Government Joint Standing Committee on

Delegated Legislation it is not prepared to approve the recommended amendments to the

Advertising Devices Local Law.

Conclusion

Option 1 is recommended as the purpose of this report is to allow the Local Law relating to

Advertising Devices made by Council on 18 February 2003, to be amended to so as to reflect

the recommendation of the Western Australian Government Joint Standing Committee on



1. Council resolves to give public notice that it intends to adopt amendments to its

Advertising Devices Local Law so as to reflect the recommendations of the Western

Australian Government Joint Standing Committee on Delegated Legislation.

2. The proposed Local Law to amend the text of the Advertising Devices Local Law is to

be advertised for public information state-wide and locally with a submission period

of no less than six (6) weeks as required under Section 3.12(3) and (3a) of the Local

Government Act 1995.


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3. A copy of the proposed amended Local Law be provided to the Minister.

4. Following the public submission period the proposed amended Local Law to be

returned to Council for further consideration and adoption.


The Executive Recommendation was moved Cr Jones, seconded Cr Leigh and adopted to



1. Council resolves to give public notice that it intends to adopt amendments to its

Advertising Devices Local Law so as to reflect the recommendations of the

Western Australian Government Joint Standing Committee on Delegated

Legislation.

2. The proposed Local Law to amend the text of the Advertising Devices Local Law

is to be advertised for public information state-wide and locally with a

submission period of no less than six (6) weeks as required under Section 3.12(3)

and (3a) of the Local Government Act 1995.

3. A copy of the proposed amended Local Law be provided to the Minister.

4. Following the public submission period the proposed amended Local Law to be

returned to Council for further consideration and adoption.


IMPORTANT: At the Council Meeting, the Person presiding must read aloud the following "Purpose

and Effect" of the proposed amended Local Law, before a decision is made.

"The purpose of the amendments to the Advertising Devices Local Law is to ensure compliance with the

recommendations of the Parliamentary Joint Standing Committee on Delegated Legislation.

The effect of the amendments to the Advertising Devices Local Law will be for Council to adopt, Gazette

and implement the recommendations of the Joint Standing Committee on Delegated Legislation."


Page 72

12. MOTIONS (OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN) TO BE

DISCUSSED & RECOMMENDATIONS TO BE REFERRED TO THE NEXT

COUNCIL MEETING

12.1 MOTION ON NOTICE - ZERO TOLERANCE POLICY (VANDALISM)

File Ref: A00410



Executive: If adopted by Council refer to: Michael Scott, Executive Manager

City Services

Cr Dillon had given notice that he intended to move the following motion at the Council

Committee Meeting on 6 February 2007:

"Council to immediately develop and adopt a Zero Tolerance Policy to address vandalism in

Bunbury (including graffiti, tagging and public asset destruction) such policy to be subject to

the following:

1. The policy to be established using the City's in-house resources i.e., devoid of

consultants.

2. The policy to provide for financial reward incentives to be offered to members of the

public who deliver information and details of offenders to relevant authorities.

3. A draft of the policy to be submitted to the Council Committee Meeting on 20 March

2007, for further deliberation and implementation. "

Comments - Cr Dillon

In support of his motion, Cr Dillon states that, "For many years, along with numerous

constituents, I have been conscious and concerned about the high prevalence of vandalism to

public (and private) property, infrastructure and collective assets of the City of Bunbury

which results in consequential works (and expensive costs) that have to be borne by our

ratepayers."

Executive Comments

The City Services Team has a range of operational strategies to deal as quickly as possible

with the consequences of vandalism and graffiti.


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The focus for City Services is on the clean up and rectification of damage caused by anti-

social behaviour. Offensive graffiti and unsafe sites caused by vandalism are attended to by

City Services officers at the first practical opportunity through the Duty Officer/Call Out

system.

Where affordable and practical, anti-graffiti and vandalism resistant materials are used in the

construction of public facilities.

The Bunbury Police Department is informed when information is received (by City Services

officers) that identifies perpetrators of anti-social acts.

City Services officers work together with Ranger Services, Council's Community Crime

Prevention Project and local Police on vandalism and graffiti reduction strategies.

City Services officers do not have powers under the Local Government Act 1995 to prosecute

individuals alleged to have undertaken acts of graffiti or vandalism.

In the opinion of City Services officers, a policy and reward system to deter vandalism and

graffiti would require considerable legal scrutiny prior to implementation and the department

does not currently have the resources to undertake this project.

A high profile education programme, driven by the Mayor, councillors and Council officers

that works with schools, existing community and business groups could prove to be more

effective.


The Motion was moved Cr Dillon, seconded Cr Craddock with an amendment to point 2. to

add the words "following successful convictions having been achieved through the State's

legal processes."

The following concerns were raised during discussion:

- Up to $20,000 needs to be considered as a budget item for this project in lieu of the

proposal for a financial reward programme.

- Extensive consultation with stakeholder groups and government agencies (including

the Community Crime Prevention Committee) is recommended before the Council

considers formulating and adopting the policy.

- Introduction of the policy might actually have an adverse effect i.e., exacerbate the

level of graffiti/vandalism or increase community anger.

- A strategy for privately owned property also needs to be developed.


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- The Police should be invited to a briefing session to give their view on graffiti and

how it is related to other issues such as alcohol or substance abuse.

- The issue is too complex to be dealt with in such a short space of time.

The motion was put to the vote and defeated as follows:

MOTION

Council to immediately develop and adopt a Zero Tolerance Policy to address vandalism in

Bunbury (including graffiti, tagging and public asset destruction) such policy to be subject to

the following:

1. The policy to be established using the City's in-house resources i.e., devoid of

consultants.

2. The policy to provide for financial reward incentives to be offered to members of the

public who deliver information and details of offenders to relevant authorities,

following successful convictions having been achieved through the State's legal

processes.

3. A draft of the policy to be submitted to the Council Committee Meeting on 20 March

2007, for further deliberation and implementation.

LOST 5 Votes "For" / 6 Votes "Against"

For: Crs Dillon, Craddock, Wenn, Frisina & T Smith

Against: Mayor D Smith & Crs Jones, Leigh, Rose, Lambert & Rooney


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13. "URGENT" BUSINESS WITH THE APPROVAL OF THE MAJORITY OF

MEMBERS PRESENT

Nil.

14. ITEMS TO BE NOTED

14.1 ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL COMMITTEE

MEETING

File Ref: Various


Author: Various

Executive: Various

A report had been circulated to members under separate cover.


Cr Jones disclosed an impartiality interest in some of the development and subdivision

applications listed in item 9 as these properties are located in the same street as her place of

residence. As the applications have already been approved, Cr Jones elected to remain at the

meeting and take part in the vote.

The Executive Recommendation was moved Cr Craddock, seconded Cr Dillon and adopted

to become the Committee Recommendation.


Page 76


The following items subject of a report circulated to Council Members under separate

cover, are noted for information only:

1. Title: Minutes - Bunbury Environment and Sustainability Advisory

Committee ("BESAC") - 4/12/2006

Author: Ben Deeley, Environmental Officer

File: A01981

2. Title: Minutes - Bunbury Airport Advisory Committee - 12/12/2006

Author: Michael Scott, Executive Manager City Services

File: F00080

3. Title: Minutes - Built Environment Advisory Committee ("BEAC") -

2/2/2006, 2/3/2006, 4/5/2006, 6/7/2006, 7/9/2006 & 7/12/2006

Author: Thor Farnworth, Senior Planner (Strategic & Environment)

File: A01290

4. Title: Minutes - Bunbury-Setagaya Sister Cities Committee - 7/6/2006,

5/7/2006, 2/8/2006, 6/9/2006, 18/10/2006 & 6/12/2006


File: Anthony Blee, Executive Manager City Life

5. Title: Temporary Road Closure - Salvation Appeal Toy Run - 9/12/2006

Author: John Kowal, Manager Ranger Services

File: R00549

6. Title: Temporary Road Closure - Cycling Event - 29/11/2006 to 14/3/2007

Author: John Kowal, Manager Ranger Services

File: R00549

7. Title: Minutes - Big Swamp Wildlife Park Committee - 6/11/2006 & 4/12/2006

Author: Grant Bilton, Technical Officer - Parklands

File: A00143

8. Title: Accounts for Payment for Period Ending 31/12/2006

Author: David Ransom, City Accountant

File: A00083

9. Title: Building/Planning/Subdivision Approvals - August and September

2006

Author: Gary Fitzgerald, Manager Development Services

File: A00566



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14.2 ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT THE COUNCIL

COMMITTEE MEETING

There were no items recommended for endorsement.

15. CONFIDENTIAL BUSINESS AS STIPULATED UNDER SECTION 5.23(2) OF THE

LOCAL GOVERNMENT ACT 1995

Nil.

16. CLOSE OF MEETING

There being no further business, the Presiding Member declared the meeting closed at

9.00pm.

---------------------

CONFIRMED this day 27 February 2007, to be a true and correct record of proceedings of

the Council (Standing) Committee Meeting held 6 February 2007.

___________________________

MAYOR D SMITH

PRESIDING MEMBER


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6 february 2007 contents

Documents