minutes ordinary meeting of council 17 february 2015 · ordinary meeting minutes 17/02/2015 shire...

MINUTES

ORDINARY MEETING

OF COUNCIL

17 FEBRUARY 2015

TABLE OF CONTENTS

FOR ORDINARY MEETING OF COUNCIL

HELD ON 17 FEBRUARY 2015

PAGE 1. DECLARATION OF OPENING 3

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE 3

2.1 ATTENDANCE 3 2.2 APOLOGIES 3 2.3 LEAVE OF ABSENCE 4

3. DISCLOSURES OF INTEREST 4

4. PUBLIC QUESTION TIME 4

4.1 RESPONSES TO PUBLIC QUESTIONS PREVIOUSLY TAKEN ON NOTICE 4 4.2 PUBLIC QUESTIONS 5

5. PETITIONS, DEPUTATIONS AND PRESENTATIONS 6

5.1 PETITIONS 6 5.2 DEPUTATIONS 6 5.3 PRESENTATIONS 6

6. APPLICATIONS FOR LEAVE OF ABSENCE 6

7. CONFIRMATION OF MINUTES 6

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER 6

9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS 7

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 7

11. REPORTS 8

11.1. OFFICE OF THE CEO 8 11.1.1 EXTRACTIVE INDUSTRIES AMENDMENT LOCAL LAW 2015 8 11.1.2 PEST PLANTS LOCAL LAW 2015 23 11.1.3 CEMETERIES AMENDMENT LOCAL LAW 2015 31 11.1.4 WHEATBELT JOINT DEVELOPMENT ASSESSMENT PANEL -

NOMINATION OF SHIRE OF GINGIN REPRESENTATIVES 40 11.1.5 2014 COMPLIANCE AUDIT RETURN 43 11.1.6 OLD NORTH TRACK COMMITTEE - APPOINTMENT OF SHIRE OF

GINGIN REPRESENTATIVES 56 11.1.7 APPLICATION FOR PLANNING APPROVAL - HOME BUSINESS

(CANOE HIRE AND SIGNWRITING) ON LOT 1 BARRAGOON ROAD, CARABAN 59

11.1.8 APPLICATIONS FOR PLANNING APPROVAL FOR REMOVAL OF CONDITION AND APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL FOR A DAM ON LOT 12 MILITARY ROAD, MUCKENBURRA 75

11.1.9 APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL - PRIVATE RECREATION (HORSE RIDING AND FARM YARD) ON LOT 504 TELEPHONE ROAD, NEERGABBY 104

11.2. CORPORATE AND COMMUNITY SERVICES 127 11.2.1 ANNUAL BUDGET REVIEW 2014/15 127

11.3. REGULATORY SERVICES 146 11.4. OPERATIONS 146

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 146

13. COUNCILLORS' OFFICIAL REPORTS 146

14. NEW BUSINESS OF AN URGENT NATURE 146

15. MATTERS FOR WHICH MEETING IS TO BE CLOSED TO THE PUBLIC 146

16. CLOSURE 146

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN

SHIRE OF GINGIN

MINUTES OF THE ORDINARY MEETING OF THE SHIRE OF GINGIN

HELD IN THE COUNCIL CHAMBER ON TUESDAY, 17 FEBRUARY 2015 AT 3.05 PM

DISCLAIMER

Members of the Public are advised that decisions arising from this Council Meeting can be subject to alteration. Applicants and other interested parties should refrain from taking any action until such time as written advice is received confirming Council’s decision with respect to any particular issue.

ORDER OF BUSINESS

1. DECLARATION OF OPENING

The Shire President declared the meeting open at 3.05pm and extended a warm welcome to Councillors and Officers.

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

2.1 ATTENDANCE

Councillors – M Aspinall (Shire President), D W Roe (Deputy Shire President), V Ammon, I B Collard, J Court, R James, R Kestel and S Smiles. Staff – J Edwards (Chief Executive Officer), A Butcher (Executive Manager Operations), S Camillo (Executive Manager Regulatory Services), K Lowes (Executive Manager Corporate and Community Services), K Tang (Manager Statutory Planning) and L Burt (Governance/Minute Officer). Gallery – There were seven members of the public present in the gallery. 2.2 APOLOGIES

Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 2.3 LEAVE OF ABSENCE

Councillor Alderson – leave for period 6-21 February 2015 granted by Council at its meeting on 20 January 2015.

3. DISCLOSURES OF INTEREST

3.1 ITEM 11.1.9 – APPLICATON FOR RETROSPECTIVE PLANNING APPOVAL – PRIVATE RECREATION (HORSE RIDING AND FARM YARD) ON LOT 504 TELEPHONE ROAD, NEERGABBY

Councillor Kestel declared a Financial Interest in this item due to the fact that he

sells hay to the business in question.

4. PUBLIC QUESTION TIME

4.1 RESPONSES TO PUBLIC QUESTIONS PREVIOUSLY TAKEN ON NOTICE

4.1.1 Mr S Hull - Melaleuca Avenue, Gabbadah Bed and Breakfast (93 Melaleuca Avenue) and Panelbeating/Motor Repair

Workshop (94 Melaleuca Avenue) Q1 Were Councillors aware that only five letters had been sent out for response about

the B&B? A1 Yes, this was included within the report to Council. Q2 That there were up to six proposals against the B&B…4 confirmed? A2 Officers received four adverse submissions during the submission period. Q3 That all occupied properties except those at 94 within 250m of the residence at 93

opposed the B&B? A3 Yes, the Shire received four adverse submissions. Q4 That rangers had attended this property because of noise complaints? A4 Yes, Shire records confirm that Rangers attended this property to investigate an

alleged noise complaint. Q5 That police had been alerted about motor bike races up and down the road? A5 Yes, the Shire is aware that Police were alerted to motor bike activities in Melaleuca

Avenue. Q6 That the B&B had been operating at least six months before the application? 4

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN A6 The Shire has no record of this. Q7 Why have the Shire’s Tourism Information Package, Residential Information

Package, General Rural Information Package and Local Planning Scheme No. 9 been totally ignored in relation to the B&B at 93 Melaleuca Avenue?

A7 Council has assessed the application on its merits and approved it in accordance

with its discretionary provisions. Q8 The application for B&B proposed three guest rooms. Why did the Shire ignore Local

Planning Scheme No. 9 plus the proposal and grant the use of four bedrooms? A8 The applicant proposes to use three guest bedrooms and a fourth (study) as a

flotation room. The applicant still has the master bedroom for their use. Q9 By the diagram in the proposal it shows the house has four bedrooms. If four

bedrooms can be utilised for guests in the B&B, where does the owner/manager reside?

A9 See response to Q8. Q10 What is now the definition of QUIET AMENITY in this area considering this person

has no regard to any other resident? A10 The definition of ‘amenity’ under the LPS 9 is all those factors which combine to form

the character of an area and include the present and likely future amenity. Clause 5.5.1 of LPS 9 states:

Except for development in respect of which the Residential Design Codes apply, if a

development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.

This clause gives Council power to vary any standard and requirement under the

Scheme. Q11 Is there going to be an upgrade of the roadways considering there is more traffic? A11 No, based on the projected traffic volumes there is no requirement to upgrade the

road. 4.2 PUBLIC QUESTIONS

Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 5. PETITIONS, DEPUTATIONS AND PRESENTATIONS

5.1 PETITIONS

Nil 5.2 DEPUTATIONS

Nil 5.3 PRESENTATIONS

The Shire President presented representatives of Koorunga Red Cross with the Premier’s Australia Day Active Citizenship Award for groups. Red Cross were selected as the 2015 recipients of this award in recognition of their many years of continuous service to the people of Gingin and surrounding communities. In return, Red Cross presented Council with a copy of The Power of Humanity – 100 Years of Australian Red Cross 1914-2014 in recognition of the Shire’s support for Red Cross in the Gingin community over 75 years.

6. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

7. CONFIRMATION OF MINUTES

RECOMMENDATION It is recommended that the Minutes of the Ordinary meeting of Council held on 20 January 2015 be confirmed. RESOLUTION Moved Councillor Ammon, seconded Councillor Court that the Minutes of the Ordinary meeting of Council held on 20 January 2015 be confirmed.

CARRIED UNANIMOUSLY

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER

Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS

Nil

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11. REPORTS

11.1. OFFICE OF THE CEO

11.1.1 EXTRACTIVE INDUSTRIES AMENDMENT LOCAL LAW 2015

LOCATION: SHIRE OF GINGIN FILE: LAW/1 AUTHOR: LEE-ANNE BURT – GOVERNANCE OFFICER REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: 17 DECEMBER 2013 ITEM 11.1.2

18 MARCH 2014 ITEM 11.1.1 OFFICER INTEREST DECLARATION Nil PURPOSE To consider advertising Council’s intention to make the Shire of Gingin Extractive Industries Amendment Local Law 2015 in accordance with s3.12 of the Local Government Act 1995. BACKGROUND At its meeting on 17 December 2013, Council resolved to undertake a periodic review of all of its local laws, including its current Extractive Industries Local Law 2004, as required by s.3.16(1) of the Local Government Act 1995. At the Council meeting held on 18 March 2014, a report was submitted to Council presenting the results of the Periodic Review of Local Laws, with Council resolving to commence the repeal, repeal and replacement, amendment or institution of local laws as recommended in the Review Report. The recommendation contained within the Report in relation to the Extractive Industries Local Law 2004 was that the local law be amended. A draft Shire of Gingin Extractive Industries Amendment Local Law 2015 was subsequently prepared and was the subject of a discussion paper presented to the Concept Forum on 20 January 2015. COMMENT In summary, the amendments proposed to the Local Law are as follows: Clause 1.1 – Definitions A number of amendments have been made to this clause to update terminology and to include new definitions, with corresponding amendments throughout the document. 8

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Clause 1.2 – Application Clause amended to clarify that the provisions of the local law do not apply to a landowner or occupier who is excavating material from his own property for use on that property. The clause also specifies those circumstances under which the Shire may choose to waive any requirement or provision of the local law. Clause 2.2 – Applicant to advertise proposal This clause has been deleted, as advertising requirements are already specified under the Shire of Gingin Local Planning Scheme No. 9. Clause 2.3 – Application for licence Clause has been amended to more accurately reflect the information by the Shire’s Planning Department when assessing an extractive industry application. Clause 3.1 – Determination of application The maximum period for which a licence can be granted has been cut from 21 years to five years, or as specified by the relevant planning approval. The clause has also been amended to include clarification that annual licence fees are determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995. Subclause 3.1(5), which lists a number of matters with respect to which the local government may impose conditions on a licence, has been amended to include reference to: 1. The number and size of trucks entering and leaving a site each day and the route or

routes to be utilised by such trucks; 2. Conditions imposed under the approval issued in relation to the extractive

industry;and 3. A requirement for the licensee to enter into an agreement with the local government

in relation to payment of extraordinary expenses incurred by the local government in repairing any damage caused to thoroughfares by heavy or extraordinary traffic associated with the extractive industry.

Clause 3.2 – Payment of annual licence fee Amend the due date for payment of extractive industry licence fees from 31 December to 30 June in each year. Clause 5.2 – Use by the local government of secured sum Clause amended to specify that the local government must give a licensee 14 days’ notice of its intention to carry out any restoration and/or reinstatement work that has not been done or completed by the licensee as required under the conditions of the licence.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Clause 6.2 – Prohibitions A number of the items currently listed under the Prohibitions clause are, in fact, not prohibitions but obligations of the licensee. These subclauses have been deleted from Clause 6.2 and listed under a new Clause 6.4 – Obligations of the licensee. Part 8 – Objections and Appeals The Part heading to be amended to read Objections and Review. The corresponding heading in the Local Government Act 1995 was changed from Objections and Appeals to Objections and Review in 2004. Part 9 – Modified Penalties The local law does not currently contain any provisions with respect to enforcement. A new Part has been included to deal with offences, modified penalties and issuing of infringements. In conjunction, a new Schedule 1 has also been included listing modified penalties. The draft Amendment Local Law is now presented for Council’s formal consideration. Authorisation is sought to proceed with the advertising of Council’s intention to make the Shire of Gingin Extractive Industries Amendment Local Law 2015 (Appendix 1) in accordance with s3.12 of the Local Government Act 1995. In the event that Council makes such a resolution, the following sequence of events will commence: 1. A public submission period of at least six weeks must be allowed, during which a

copy of the proposed local law must also be submitted to the Minister for Local Government. At the close of advertising, Council must consider any submissions received and then resolve to make the Local Law either as proposed, or in a form that is not significantly different from what was proposed. If, as a result of public submissions, Council wishes to make substantial changes to the local law, then a further public submission period will be required.

2. Once Council has resolved to make the local law, it must be published in the

Government Gazette and a copy provided to the Minister for Local Government. 3. After gazettal, local public notice must be given stating the title of the local law, its

purpose and effect (including the date it comes into operation) and advising where copies of the local law may be inspected or obtained.

4. A copy of the local law, together with an accompanying explanatory memorandum,

must then be submitted to the WA Parliamentary Joint Standing Committee on Delegated Legislation for scrutiny.

Regulation 3 of the Local Government (Functions and General) Regulations 1996 requires that, in commencing to make a local law, the person presiding at a Council meeting is to give notice of the purpose and effect of the local law by ensuring that:

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 1. The purpose and effect of the proposed local law is included in the agenda for that

meeting; and 2. The Minutes of the meeting of the Council include the purpose and effect of the

proposed local law. Accordingly, the purpose and effect of the proposed Shire of Gingin Extractive Industries Amendment Local Law 2015 are stated as follows: Purpose: The purpose of this local law is to establish requirements and conditions

with which extractive industries, within the district, must comply. Effect: The effect of this local law is to provide for the regulation, control and

management of extractive industries. STATUTORY ENVIRONMENT Local Government Act 1995 Part 3 – Functions of local governments Division 2 – Legislative functions of local governments Section 3.12 – Procedure for making local laws Local Government (Functions and General) Regulations 1996 Part 1A – Local laws Regulation 3 – Prescribed manner of giving notice of purpose and effect of proposed local law (Act s. 3.12(2)) POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Costs will be incurred as a result of the statutory advertising and gazettal process. Provision has been made in Council’s adopted 2014/2015 Budget to accommodate anticipated costs associated with the repeal, repeal and replacement, amendment or institution of new local laws in accordance with Council’s previous resolution. STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 2.1.2 Develop policy and strategy which supports sound decision making VOTING REQUIREMENTS – SIMPLE MAJORITY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN RECOMMENDATION It is recommended that Council: 1. Adopt the proposed Shire of Gingin Extractive Industries Amendment Local Law

2015 (as shown in Appendix 1) for the purpose of advertising; and 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Extractive Industries Amendment Local Law 2015 and within that notice advise of the following purpose and effect:

Purpose: The purpose of this local law is to establish requirements and

conditions with which extractive industries, within the district, must comply.

Effect: The effect of this local law is to provide for the regulation, control and

management of extractive industries. RESOLUTION Moved Councillor Kestel, seconded Councillor Roe that Council: 1. Adopt the proposed Shire of Gingin Extractive Industries Amendment Local

Law 2015 (as shown in Appendix 1) for the purpose of advertising; and 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Extractive Industries Amendment Local Law 2015 and within that notice advise of the following purpose and effect:

Purpose: The purpose of this local law is to establish requirements and

conditions with which extractive industries, within the district, must comply.

Effect: The effect of this local law is to provide for the regulation,

control and management of extractive industries.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.2 PEST PLANTS LOCAL LAW 2015


18 MARCH 2014 ITEM 11.1.1 OFFICER INTEREST DECLARATION Nil PURPOSE To consider advertising Council’s intention to make the Shire of Gingin Pest Plants Local Law 2015 in accordance with s3.12 of the Local Government Act 1995. BACKGROUND At its meeting on 17 December 2013, Council resolved to undertake a periodic review of all of its local laws, including its current By-laws Relating to Pest Plants as required by s.3.16(1) of the Local Government Act 1995. At the Council meeting held on 18 March 2014, a report was submitted to Council presenting the results of the Periodic Review of Local Laws, with Council resolving to commence the repeal, repeal and replacement, amendment or institution of local laws as recommended in the Review Report. The recommendation contained within the Report in relation to the By-laws Relating to Pest Plants was that the By-law be repealed and replaced. A draft Shire of Gingin Pest Plants Local Law 2015 was subsequently prepared and was the subject of a discussion paper presented to the Concept Forum on 20 January 2015. COMMENT As a result of Concept Forum discussions, the following species have been added to Schedule 1: • Caltrop – Tribulus terrestris L. • Doublegee – Emex australis Steinh. Officers have also become aware that Bridal Creeper (Asparagus asparagoides (L.) Druce) is a Declared Plant under the Biosecurity and Agriculture Management Act 2007 for the entire State of Western Australia and therefore cannot be also identified as a Pest Plant under a local government’s local law. Therefore, this species has been deleted from Schedule 1.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN The draft Local Law is now presented for Council’s formal consideration. Authorisation is sought to proceed with the advertising of Council’s intention to make the Shire of Gingin Pest Plants Local Law 2015 (Appendix 1) in accordance with s3.12 of the Local Government Act 1995. In the event that Council makes such a resolution, the following sequence of events will commence: 1. A public submission period of at least six weeks must be allowed, during which a

copy of the proposed local law must also be submitted to the Minister for Local Government and the Minister for Agriculture and Food. At the close of advertising, Council must consider any submissions received and then resolve to make the Local Law either as proposed, or in a form that is not significantly different from what was proposed. If, as a result of public submissions, Council wishes to make substantial changes to the local law, then a further public submission period will be required.


Government Gazette and a copy provided to the Minister for Local Government and the Minister for Agriculture and Food.

3. After gazettal, local public notice must be given stating the title of the local law, its




Regulation 3 of the Local Government (Functions and General) Regulations 1996 requires that, in commencing to make a local law, the person presiding at a Council meeting is to give notice of the purpose and effect of the local law by ensuring that: 1. The purpose and effect of the proposed local law is included in the agenda for that


proposed local law. Accordingly, the purpose and effect of the proposed Shire of Gingin Pest Plants Local Law 2015 are stated as follows: Purpose: The purpose of this local law is to prescribe pest plants within the Shire of

Gingin that, in the local government’s opinion, are likely to adversely affect the value of property in the district, or the health, comfort or convenience of the inhabitants of the district.

Effect: The effect of this local law is to require owners or occupiers of private land

within the Shire of Gingin to destroy, eradicate or otherwise control pest plants on and in relation to that land in a manner and within a time specified in a notice given by the local government.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN STATUTORY ENVIRONMENT Local Government Act 1995 Part 3 – Functions of local governments Division 2 – Legislative functions of local governments Section 3.12 – Procedure for making local laws Local Government (Functions and General) Regulations 1996 Part 1A – Local laws Regulation 3 – Prescribed manner of giving notice of purpose and effect of proposed local law (Act s. 3.12(2)) Biosecurity and Agriculture Management Act 2007 Part 8 – Regulations, codes of practice and local laws Section 193 – Local government may make local laws POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Costs will be incurred as a result of the statutory advertising and gazettal process. Provision has been made in Council’s adopted 2014/2015 Budget to accommodate anticipated costs associated with the repeal, repeal and replacement, amendment or institution of new local laws in accordance with Council’s previous resolution. STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 2.1.2 Develop policy and strategy which supports sound decision making VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Adopt the proposed Shire of Gingin Pest Plants Local Law 2015 (as shown in

Appendix 1) for the purpose of advertising; and 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Pest Plants Local Law 2015 and within that notice advise of the following purpose and effect:

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Purpose: The purpose of this local law is to prescribe pest plants within the Shire of Gingin that, in the local government’s opinion, are likely to adversely affect the value of property in the district, or the health, comfort or convenience of the inhabitants of the district.

Effect: The effect of this local law is to require owners or occupiers of private land

within the Shire of Gingin to destroy, eradicate or otherwise control pest plants on and in relation to that land in a manner and within a time specified in a notice given by the local government.

RESOLUTION Moved Councillor Roe, seconded Councillor Collard that Council: 1. Adopt the proposed Shire of Gingin Pest Plants Local Law 2015 (as shown in

Appendix 1) for the purpose of advertising; and 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Pest Plants Local Law 2015 and within that notice advise of the following purpose and effect:

Purpose: The purpose of this local law is to prescribe pest plants within the

Shire of Gingin that, in the local government’s opinion, are likely to adversely affect the value of property in the district, or the health, comfort or convenience of the inhabitants of the district.

Effect: The effect of this local law is to require owners or occupiers of

private land within the Shire of Gingin to destroy, eradicate or otherwise control pest plants on and in relation to that land in a manner and within a time specified in a notice given by the local government.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.3 CEMETERIES AMENDMENT LOCAL LAW 2015


18 MARCH 2014 ITEM 11.1.1 OFFICER INTEREST DECLARATION Nil PURPOSE To consider advertising Council’s intention to make the Shire of Gingin Cemeteries Amendment Local Law 2015 in accordance with s3.12 of the Local Government Act 1995. BACKGROUND At its meeting on 17 December 2013, Council resolved to undertake a periodic review of all of its local laws, including its current Cemeteries Local Law 2004, as required by s.3.16(1) of the Local Government Act 1995. At the Council meeting held on 18 March 2014, a report was submitted to Council presenting the results of the Periodic Review of Local Laws, with Council resolving to commence the repeal, repeal and replacement, amendment or institution of local laws as recommended in the Review Report. The recommendation contained within the Report in relation to the Cemeteries Local Law 2004 was that the local law be amended. A draft Shire of Gingin Cemeteries Amendment Local Law 2015 was subsequently prepared and was the subject of a discussion paper presented to the Concept Forum on 3 February 2015. COMMENT In summary, the amendments proposed to the Local Law are as follows: Clause 1.2 – Definitions A number of amendments have been made to this clause to include new definitions. Clause 3.4 – Minimum notice required Clause amended to increase the minimum period of notice required to conduct a funeral from 24 hours to 72 business hours (three working days). 31

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Clause 5.3 – Vehicle entry restricted Subclause 5.3(2) has been amended to extend the range of vehicles that are exempt from entry restrictions. Clause 5.4 – Vehicle access and speed limitations The maximum speed for vehicles within the cemetery has been decreased from 25km to 10km per hour. Clause 6.1 – Depth of graves The nature of the soil in many sections of the Gingin Cemetery makes it very difficult to dig a deep enough grave to accommodate more than one coffin. For a number of years now, the Shire of Gingin has therefore not permitted more than one burial to take place in a single grave. A new subclause 6.1(3) has been added to formally recognise this fact. Clause 7.8 – Use of wood A new subclause 7.8(2) has been added to clarify that the holder of the Grant of Right of Burial for a particular plot is responsible for maintaining any wooden structures (such as crosses or railings) to the satisfaction of the CEO. Clause 8.1 - Animals This clause has been amended to recognise that not only guide dogs, but other recognised assistance animals, are exempt from any restriction on the entry of animals to the cemetery. Clause 8.2 – Guide dogs The amendment of clause 8.1 has made this clause superfluous. Clause 9.2 – Modified penalties This clause has been amended to clarify that infringement notices and withdrawal of infringement notices shall be in whatever form is determined by the Shire. Although section 63 of the Cemeteries Act 1984 states that these forms must be in the prescribed form, there is no prescribed form included in the Act and there are no Cemeteries Regulations. First Schedule – Modified Penalties A number of specific penalties have been deleted and replaced with a new penalty for All other offences not specified. Second Schedule – Infringement Notice This Schedule has been deleted as a result of the proposed change to wording in Clause 9.2.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Third Schedule – Withdrawal of Infringement Notice This Schedule has been deleted as a result of the proposed change to wording in Clause 9.2. The draft Amendment Local Law is now presented for Council’s formal consideration. Authorisation is sought to proceed with the advertising of Council’s intention to make the Shire of Gingin Cemeteries Amendment Local Law 2015 (Appendix 1) in accordance with s3.12 of the Local Government Act 1995. In the event that Council makes such a resolution, the following sequence of events will commence: 1. A public submission period of at least six weeks must be allowed, during which a

copy of the proposed local law must also be submitted to the Minister for Local Government. At the close of advertising, Council must consider any submissions received and then resolve to make the Local Law either as proposed, or in a form that is not significantly different from what was proposed. If, as a result of public submissions, Council wishes to make substantial changes to the local law, then a further public submission period will be required.


Government Gazette and a copy provided to the Minister for Local Government. 3. After gazettal, local public notice must be given stating the title of the local law, its




Regulation 3 of the Local Government (Functions and General) Regulations 1996 requires that, in commencing to make a local law, the person presiding at a Council meeting is to give notice of the purpose and effect of the local law by ensuring that: 1. The purpose and effect of the proposed local law is included in the agenda for that


proposed local law. Accordingly, the purpose and effect of the proposed Shire of Gingin Cemeteries Amendment Local Law 2015 are stated as follows: Purpose: The purpose of this local law is to provide for the orderly management of

the Gingin Cemetery in accordance with established plans and to create offences for inappropriate behaviour within the cemetery grounds.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Effect: The effect of this local law is that all persons engaged in the administration

of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery, are to comply with the provisions of this local law.

STATUTORY ENVIRONMENT Local Government Act 1995 Part 3 – Functions of local governments Division 2 – Legislative functions of local governments Section 3.12 – Procedure for making local laws Local Government (Functions and General) Regulations 1996 Part 1A – Local laws Regulation 3 – Prescribed manner of giving notice of purpose and effect of proposed local law (Act s. 3.12(2)) Cemeteries Act 1986 Part VIII – Local laws, by-laws and regulations Section 54 – Procedure for local laws and by-laws POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Costs will be incurred as a result of the statutory advertising and gazettal process. Provision has been made in Council’s adopted 2014/2015 Budget to accommodate anticipated costs associated with the repeal, repeal and replacement, amendment or institution of new local laws in accordance with Council’s previous resolution. STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 2.1.2 Develop policy and strategy which supports sound decision making VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Adopt the proposed Shire of Gingin Cemeteries Amendment Local Law 2015 (as

shown in Appendix 1) for the purpose of advertising; and

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Cemeteries Amendment Local Law 2015 and within that notice advise of the following purpose and effect:

Purpose: The purpose of this local law is to provide for the orderly

management of the Gingin Cemetery in accordance with established plans and to create offences for inappropriate behaviour within the cemetery grounds.

Effect: The effect of this local law is that all persons engaged in the

administration of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery, are to comply with the provisions of this local law.

RESOLUTION Moved Councillor Court, seconded Councillor Kestel that Council: 1. Adopt the proposed Shire of Gingin Cemeteries Amendment Local Law 2015

(as shown in Appendix 1) for the purpose of advertising; and 2. Pursuant to s.3.12 of the Local Government Act 1995, give local and state-wide

public notice of its intention to make the Shire of Gingin Cemeteries Amendment Local Law 2015 and within that notice advise of the following purpose and effect:

Purpose: The purpose of this local law is to provide for the orderly

management of the Gingin Cemetery in accordance with established plans and to create offences for inappropriate behaviour within the cemetery grounds.

Effect: The effect of this local law is that all persons engaged in the

administration of the cemetery, burying deceased in the cemetery, or otherwise providing services to or making use of the cemetery, are to comply with the provisions of this local law.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.4 WHEATBELT JOINT DEVELOPMENT ASSESSMENT PANEL - NOMINATION

OF SHIRE OF GINGIN REPRESENTATIVES

FILE: LND/113 AUTHOR: LEE-ANNE BURT – GOVERNANCE OFFICER REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: 19 FEBRUARY 2013 ITEM 11.3.4 OFFICER INTEREST DECLARATION Nil PURPOSE To consider the nomination of two members and two alternate members to represent the Shire of Gingin on the Wheatbelt Joint Development Assessment Panel (JDAP). BACKGROUND JDAPs are panels of technical experts and local government representatives from two or more local government districts with the power to determine applications for development within those districts under the following circumstances: 1. Where a proposed development has a value of $7 million or over; or 2. Where a proposed development has a value of $3 million or more and the applicant

elects to have the application considered by a DAP rather than the relevant local government.

At its meeting on 17 December 2013, Council resolved to nominate Councillors Aspinall and Ammon as members, and Councillors Alderson and Court as alternate members) to be included on a register of local government members for the Wheatbelt JDAP for a two year term expiring on 26 April 2015. Correspondence has now been received from the Department of Planning confirming that all local government appointments to DAPs throughout the state will expire on 26 April 2015 and requesting that the Shire of Gingin nominate four elected members (two are members and two as alternate members) by 27 February 2015 to be included on a register of local government members for the Wheatbelt JDAP for a two year term expiring on 26 April 2017. COMMENT Councillors Aspinall, Ammon and Court have all confirmed their desire to renominate for their existing positions. Councillor Alderson has advised that he does not wish to renominate. If the term of a Councillor who is appointed as a DAP member is due to expire in October 2015 and that Councillor is not re-elected to Council, then one of the alternate members will be required to take that member’s place on the DAP. 40

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN If both members and alternate members are not re-elected then the local government will need to submit further nominations for the Minister’s endorsement. Of Council’s existing JDAP representatives, only Councillor Court’s (alternate member) term is due to expire in October 2015. It is a mandatory requirement for all DAP members to attend training before they can sit on a DAP and determine applications. Local government representatives who have previously been appointed to a DAP and who have undertaken training are not required to attend further training. Local DAP members are entitled to be paid for their attendance at DAP training and meetings. In the event that insufficient nominations are received to fill the available positions, then the Minister has the power to appoint an eligible voter of the local government district who has relevant knowledge or experience that will enable that person to represent the interests of the local community of the district. STATUTORY ENVIRONMENT Planning and Development (Development Assessment Panels) Regulations 2011 Part 4 – Development assessment panels Division 1 – DAP members Reg. 26 – JDAP local government member register POLICY IMPLICATIONS Policy 1.31 – Councillor Nominations for “Industry Representative” Positions on External Bodies BUDGET IMPLICATIONS Nil STRATEGIC IMPLICATIONS Nil VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Nominate the following representatives to the four vacant positions representing the

Shire of Gingin on the Wheatbelt JDAP:

a. Member – Councillor ……….

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b. Member – Councillor ………. c. Alternate Member – Councillor ………. d. Alternate Member – Councillor ……….; and

2. Submit the nominations to the Minister for Planning for consideration and

appointment. RESOLUTION Moved Councillor Roe, seconded Councillor James that Council: 1. Nominate the following representatives to the four vacant positions

representing the Shire of Gingin on the Wheatbelt JDAP:

a. Member – Councillor Ammon b. Member – Councillor Aspinall c. Alternate Member – Councillor Court d. Alternate Member – Councillor Smiles and

2. Submit the nominations to the Minister for Planning for consideration and

appointment.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.5 2014 COMPLIANCE AUDIT RETURN

LOCATION: SHIRE OF GINGIN FILE: COR/29 AUTHOR: LEE-ANNE BURT – GOVERNANCE OFFICER REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: N/A OFFICER INTEREST DECLARATION Nil PURPOSE To consider the adoption of the Shire of Gingin’s Compliance Audit Return for the period 1 January 2014 to 31 December 2014. BACKGROUND In accordance with Regulation 14 of the Local Government (Audit) Regulations 1996, all local governments are required to complete an annual Compliance Audit Return for submission to the Department of Local Government and Communities. In accordance with Regulation 14(3A) of the Local Government (Audit) Regulations 1996, the Compliance Audit Return was reviewed by Council’s Audit Committee on 17 February 2015. The Audit Committee subsequently resolved to: 1. Acknowledge and report the results of the 2014 compliance audit process to Council;

and 2. Recommend that Council adopt the Shire of Gingin’s 2014 Compliance Audit Review

for the period 1 January 2014 to 31 December 2014. COMMENT The Shire of Gingin has demonstrated a very high degree of compliance with statutory requirements. At the completion of the audit process, just one item was found to be (partially) non-compliant: Section – Disclosure of Interest Question 6 – Was an annual return lodged by all continuing elected members by 31 August 2014. Findings Due to an extended period of hospitalisation in 2014, Councillor Court was unable to lodge her completed Annual Return by 31 August 2014. Notification was provided to both the Minister for Local Government and the Department of Local Government and Communities, and a completed Annual Return was received from Councillor Court on 22 October 2014 following her resumption of duties. 43

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Recommended Action Nil A copy of the complete 2013 Compliance Audit Return is provided for Council’s information as Appendix 1. STATUTORY ENVIRONMENT Local Government (Audit) Regulations 1996 Reg 14 – Compliance audits by local governments Reg 15 – Compliance audit return, certified copy of etc. to be given to Executive Director Local Government Act 1995 Part 5 – Administration Division 6 – Disclosure of financial interests Section 5.76 – Annual returns POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Nil STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 2.1.2 Develop policy and strategy which supports sound decision making VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Acknowledge the results of the 2014 compliance audit process; and 2. Adopt the 2014 Compliance Audit Return for the period 1 January 2014 to 31

December 2014, as shown in Appendix 1.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN RESOLUTION Moved Councillor Roe, seconded Councillor Smiles that Council: 1. Acknowledge the results of the 2014 compliance audit process; and 2. Adopt the 2014 Compliance Audit Return for the period 1 January 2014 to 31

December 2014, as shown in Appendix 1.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.6 OLD NORTH TRACK COMMITTEE - APPOINTMENT OF SHIRE OF GINGIN

REPRESENTATIVES

FILE: GOV/33 AUTHOR: LEE-ANNE BURT – GOVERNANCE OFFICER REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: 15 JANUARY 2013 ITEM 11.1.1 OFFICER INTEREST DECLARATION Nil PURPOSE To consider the formal appointment of elected members to represent the Shire of Gingin on the Neergabby Community Association’s Old North Track Committee. BACKGROUND As Council would be aware, for a number of years now the Shire of Gingin has been involved in discussions relating to the establishment of a walk trail following the route of the old North Road Stock Route, running from Geraldton to the Metropolitan Area and passing through the Shire of Gingin. The project originally involved a total of nine local governments, with the City of Greater Geraldton taking a lead role. A draft North Road Stock Route Trail Development Plan was considered by Council at its meeting on 2 September 2008, at which time Council resolved to support the Plan on the understanding that any commitment to the financing of the detailed Trail Design Development Plan is not to be construed as a future Council financial commitment to the implementation of the other project components. Subsequently, at its meetings of 2 March 2010 and 20 April 2010 respectively, Council resolved to engage in negotiations with the other nine participating local governments with respect to grant funding options, and to support an application to the Royalties for Regions Strategic Projects Scheme for funding for the project, with an allocation of $20,500 to be included in the Shire’s 2010/11 budget for the provision of “pull-off” bays and installation of direction and interpretive signage. Applications for funding for the project were submitted by the City of Greater Geraldton on behalf of the participating local governments, but were ultimately unsuccessful. In 2013, proposals were put forward to reinvigorate the project, including a revisitation of the Trail Development Plan, which at that point was over four years old. At its meeting on 15 January 2013, Council resolved to give in principle support to the recommencement of negotiations in relation to the Trail Development Plan, and to nominate Councillors Ammon and Beale and the Shire’s Community Development Officer to represent the Shire of Gingin on a Steering Committee should one be formed.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN COMMENT Subsequent to Council’s January 2013 decision, the City of Greater Geraldton has withdrawn its participation from the project and the proposal to develop a trail between Geraldton and the Metropolitan Area has once again falled into abeyance. However, the Neergabby Community Association (NCA), which was the initial instigator of discussions with respect to the project, is still keen to see the development of at least a portion of the trail within the Shire of Gingin. To that end, in 2014 the NCA established its own Old North Track Committee and requested that the Committee membership include representation from the Shire. Councillors Aspinall, Ammon, Kestel and James expressed an interest in participating in this Committee, and attended an initial meeting in November 2014. In accordance with Council’s Policy 1.3 Councillor Nominations for “Industry Representative” Positions on External Bodies, all requests for nominations to specifically represent the Shire of Gingin on a particular body or group must be submitted to Council for formal consideration. It is therefore appropriate to seek Council’s endorsement for the inclusion of interested Councillors as members of the Old North Track Committee. STATUTORY ENVIRONMENT Nil POLICY IMPLICATIONS Shire of Gingin Policy 1.31 Councillor Nominations for “Industry Representative” Positions on External Bodies BUDGET IMPLICATIONS Nil STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Built Environment Objective 3. Planning for the future Outcome 3.2 Places of heritage are preserved and recognised Strategy 3.2.1 Identify key heritage sites

3.2.2 Maintain and promote heritage sites as cultural assets VOTING REQUIREMENTS – SIMPLE MAJORITY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN RECOMMENDATION It is recommended that Council make the following appointments to the Neergabby Community Association’s Old North Track Committee: 1. Members

a. Councillor Aspinall; b Councillor Ammon; c. Councillor Kestel; d. Councillor James; e. Chief Executive Officer; and f. Coordinator Community Development and Customer Services; and

2. Deputy Members

a. …………………………………….. b. ……………………………………..

RESOLUTION Moved Councillor Ammon, seconded Councillor Collard that Council make the following appointments to the Neergabby Community Association’s Old North Track Committee: 1. Members

a. Councillor Aspinall; b Councillor Ammon; c. Councillor Kestel; d. Councillor James; e. Chief Executive Officer; and f. Coordinator Community Development and Customer Services; and

2. Deputy Members

a. Councillor Roe b. Councillor Court

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.7 APPLICATION FOR PLANNING APPROVAL - HOME BUSINESS (CANOE

HIRE AND SIGNWRITING) ON LOT 1 BARRAGOON ROAD, CARABAN

FILE: BLD/6361 APPLICANT: STAN SYKES LOCATION: LOT 1 BARRAGOON ROAD, CARABAN OWNER: STAN SYKES, RHONDA BECKX AND GUNTHER

BECKX ZONING: GENERAL RURAL AUTHOR: KEVIN TANG - MANAGER STATUTORY PLANNING REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: NIL OFFICER INTEREST DECLARATION Nil PURPOSE To consider an Application for Planning Approval for a Home Business (Canoe Hire and Signwriting) on Lot 1 Barragoon Road, Caraban. BACKGROUND The subject lot is located in Caraban toward the end of Barragoon Road, which is terminated by the Moore River. The subject lot has an area of 2.04ha with the Moore River running along its western shore. Currently a derelict house and two outbuildings are located on site. The proponent intends to establish a home business to hire out canoes from his property for patrons to use along the Moore River. Also included in this proposal are three ablution blocks; one to be built at the rear portion of the block and the other two to be retrofitted into the two existing outbuildings. The signwriting business will primarily be run from the main house and one of the outbuildings. The proponent is seeking Council’s approval for a variation to the standard definition of Home Business under Local Planning Scheme No. 9 to have customers visiting the site and to have retail hire of canoes. A location plan and copy of the applicant’s proposal are provided as Appendix 1. COMMENT Community Consultation This Application has been referred to all surrounding landowners for comment for a period of 21 days. One objection was received. The submitter is concerned about camping and anti-social behaviour. The Schedule of Submissions and Recommended Responses is provided at Appendix 2. 59

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Planning Assessment The subject lot is zoned General Rural under Local Planning Scheme No. 9 (LPS No. 9). The objectives of the General Rural zone are to: (a) manage land use changes so that the specific local rural character of the zone is

maintained or enhanced; (b) encourage and protect broad acre agricultural activities such as grazing and more

intensive agricultural activities such as horticulture as primary uses, with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use;

(c) maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse systems from damage; and

(d) provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the General Rural zone.

The definition of “Home Business” under LPS No. 9 is as follows: a business, service or profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which — (a) does not employ more than 2 people not members of the occupier’s household; (b) will not cause injury to or adversely affect the amenity of the neighbourhood; (c) does not occupy an area greater than 50 square metres; (d) does not involve the retail sale, display or hire of goods of any nature; (e) in relation to vehicles and parking, does not result in traffic difficulties as a result of

the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than normally required in the zone;

Home Business is a permitted use in the General Rural zone under LPS No. 9, however variations have been sought from the standard definition. The proponent is willing to provide a number of ablution facilities onsite to mitigate the anti-social behaviours that currently exist in the area. As no camping will be permitted and a cap imposed to limit the maximum number of patrons to 30 at any one time, the Officer is of the view that there will not be a significant impact on the amenity of the local area. Council may also wish to consider giving a five year Planning Approval, so that any issues can be revisited at a later date. Advice Notes Should Council approve this Application, the following Advice Notes will be added:

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN A. Further to this approval, the Applicant is required to submit working drawings and

specifications to comply with the requirements of the Building Act 2011 and Health Act 1911 which is to be approved by the Shire of Gingin’s Regulatory Services Department prior to issuing a Building Permit.

B. Should any civil works be proposed on the Moore River foreshore, a Permit to Interfere with Bed and Banks under the Rights in Water and Irrigation Act 1914 will be required from the Department of Water.

C. Please note that marine regulations may apply to this operation and licences may be

required from the Department of Transport in regard to the use of canoe hire on Moore River. Please contact Marine Safety Branch for more detail.

STATUTORY ENVIRONMENT Local Planning Scheme No. 9 Part 4 – Zones and the Use of Land 4.2 Objectives of the Zones 4.2.7 General Rural Zone Rights in Water and Irrigation Act 1914 Part III – Control of Water Resources Division 1B Certain surface waters Section 17 Obstruction etc. of watercourse etc. without authority, offence and Minister’s powers as to POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Nil STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Local Business Objective 1. A Unique Tourism Destination Outcome 1.1 High quality tourism opportunities Strategy 1.1.1 Attract and develop a diverse range of tourism providers Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 1.2.1 Integrate all planning and delivery in accordance with

statutory requirements VOTING REQUIREMENTS – SIMPLE MAJORITY 61

ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN RECOMMENDATION It is recommended that Council: 1. Grant Planning Approval for the Home Business (Canoe Hire and Signwriting) on Lot

1 (Diagram 15438) Barragoon Road, Caraban, subject to the following conditions:

a. The land use and development shall be undertaken in accordance with the approved plans and specifications, unless conditioned otherwise in this Approval;

b. The approved canoe hire land use shall only accept a maximum of 30 patrons

at any one time; c. This approval is valid for five years from the date of this approval; d. The ablution facilities included in this approval shall be constructed and

completed prior to the commencement of canoe hire land use; e. No overnight camping shall be permitted; f. The landowner shall ensure that the amenity of the locality is not adversely

affected by this land use; g. This Approval only permits the use of light-weight canoes and shall not permit

the use of land as a boat launching facility; and h. The approved land use shall only access the Moore River from Lot 1; and

2. Advise the Submitter of the outcome. RESOLUTION Moved Councillor Aspinall, seconded Councillor Smiles that Council: 1. Grant Planning Approval for the Home Business (Canoe Hire and Signwriting)

on Lot 1 (Diagram 15438) Barragoon Road, Caraban, subject to the following conditions:

a. The land use and development shall be undertaken in accordance with the

approved plans and specifications, unless conditioned otherwise in this Approval;

b. The approved canoe hire land use shall only accept a maximum of 30

patrons at any one time; c. This approval is valid for five years from the date of this approval;

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d. The ablution facilities included in this approval shall be constructed and completed prior to the commencement of canoe hire land use;

e. No overnight camping shall be permitted; f. The landowner shall ensure that the amenity of the locality is not

adversely affected by this land use; g. This Approval only permits the use of light-weight canoes and shall not

permit the use of land as a boat launching facility; and h. The approved land use shall only access the Moore River from Lot 1; and

2. Advise the Submitter of the outcome.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.8 APPLICATIONS FOR PLANNING APPROVAL FOR REMOVAL OF CONDITION

AND APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL FOR A DAM ON LOT 12 MILITARY ROAD, MUCKENBURRA

FILE: BLD/5476 APPLICANT: PHUNG TRAN DO AND TUYET CHAU HUYNH LOCATION: LOT 12 MILITARY ROAD, MUCKENBURRA OWNERS: PHUNG TRAN DO AND TUYET CHAU HUYNH ZONING: GENERAL RURAL AUTHOR: KEVIN TANG - MANAGER STATUTORY PLANNING REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: ITEM 11.3.1 17 APRIL 2007

ITEM 11.3.5 19 APRIL 2011

ADDENDUM – ORDINARY MEETING OF COUNCIL – 17 FEBRUARY 2015

Additional Information: In the Background section of this report, it was advised that Enclosures 2, 4 and 5 to Appendix 1 would be circulated prior to the meeting. Unfortunately the enclosures in question have proved to be of insufficient quality to be reproduced. It has not been possible to obtain the documents in a more reproducible format and therefore they will not be circulated. The original enclosures are available for viewing by Councillors should they so desire. It should be noted that the non-circulation of the enclosures in question does not affect the Officer’s recommendation OFFICER INTEREST DECLARATION Nil PURPOSE To consider an Application for Planning Approval to remove Condition 3(b) of the previous Planning Approval, granted by virtue of a State Administrative Tribunal (SAT) Order on 16 June 2008 and also to consider an Application for Retrospective Planning Approval for a dam at Lot 12 Military Road, Muckenburra. BACKGROUND The subject lot is located at the corner of Military Road and Gingin Brook Road in the locality of Muckenburra. Council, at its Meeting of 17 April 2007, refused a proposal for Irrigated Horticulture on the subject land. However, the decision was overturned by SAT, which approved the development for a 20 ha market garden, subject to conditions, on 16 June 2008.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Subsequently, Council, at its Meeting of 19 April 2011, granted approval for a further expansion of 23 ha for market garden subject to conditions. The proponent is now applying to remove Condition 3(b) of the 2008 approval due to the fact that an additional water entitlement is now available from the Department of Water. The condition currently reads: 3 (b) The cultivated area shall be limited to 10 hectares at any one time. A location plan and copy of the applicant’s proposal are provided as Appendix 1. It is noted that Enclosure 3 to the applicant’s proposal is deemed to be confidential information and has been excluded from the Appendix. Enclosures 2, 4 and 5 will be circulated prior to the meeting. In November 2014, the Shire received a report that a dam, which was a component of the 2011 approval, was not being constructed in the approved location. Shire Officers conducted a site visit on 20 November 2014, where it was found that the substantial earthworks for the dam had been completed and that the dam was set back 97m from the northern boundary in lieu of 200m and 66m from the western boundary in lieu of 70m as per the approved site plan. A copy of the 2011 Planning Approval, including an approved site plan, is provided as Appendix 2. Photos of the vegetation buffer and dam are provided at Appendix 3. In light of community concerns, legal advice was obtained as to how to proceed with this matter. A copy of this advice has been provided under separate cover for Council’s consideration. It is suggested that, whilst it is open for Council to take legal action against the proponent, a direction to remove or relocate the dam would be a ‘disproportionate’ response and the case may be defensible in a court of law. In view of this position, and following liaison with the proponent, an Application for Retrospective Planning Approval for the dam was received on 5 January 2015. It should be noted that no cultivation has taken place on the property since the original approval was issued in 2008. COMMENT Community Consultation Both proposals were jointly referred to surrounding landowners for comment for a period of 21 days, with three adverse submissions being received at the close of advertising. The Schedule of Submissions and Recommended Responses has been provided as Appendix 4. Planning Assessment The subject lot is zoned General Rural (Uncoded) under Shire of Gingin Local Planning Scheme No. 9 (LPS No. 9).

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN The objectives of the General Rural zone are to: (e) manage land use changes so that the specific local rural character of the zone is

maintained or enhanced; (f) encourage and protect broad acre agricultural activities such as grazing and more


(g) maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse systems from damage; and

(h) provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the General Rural zone.

A market garden can be defined as Agriculture-Intensive under LPS No. 9, the definition of which is as follows:

…means premises used for trade or commercial purposes, including outbuildings and earthworks, associated with the following — (a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit

or nuts; (b) the establishment and operation of plant or fruit nurseries; (c) the development of land for irrigated fodder production or irrigated pasture

(including turf farms); or (d) aquaculture;

Agriculture-Intensive is a discretionary use under LPS No. 9 and is appropriate to be located in the General Rural zone. Removal of Condition 3(b) The removal of Condition 3(b) is not supported at this point due to the potential impact on the locality of cultivating more than 10 hectares as any one time. Condition 3(k) (refer to Appendix 1) required a 20m wide vegetation buffer to be extended to cover the area of cultivation in the event that Council were to grant approval for a dwelling within 300m of the northern extremity of the proposed area of cultivation. In addition, the vegetation buffer must comply with the standards specified in the approved Farm Management Plan. To date, the vegetation buffer does not comply with the approved standards. Condition 3(m) (refer to Appendix 1) requested the crossover to be relocated further away from the intersection and sealed to 20m from the lot boundary into the property. The crossover has been relocated but has not been sealed. Condition 3 of the 2011 approval (refer to Appendix 2) required an amended Farm Management Plan to be submitted to the Shire for approval in light of comments made by Dr David Cook in regard to better stable fly management. To date, no amended Farm Management Plan has been received by the Shire.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN It should be noted that all these conditions impact on the commencement of cultivation, which has not taken place so far. Dam Section 164 of the Planning and Development Act 2005 gives an opportunity for Council to approve a development that has already been commenced or carried out. There is no Council Policy or Local Planning Policy regarding dam construction within the Shire. The current dam was included as an incidental development to the market garden land use, but has not been constructed in accordance with the approved site plan in that it is set back 97m from the northern boundary in lieu of 200m and 66m from the western boundary in lieu of the 70m required. While the dam is visually prominent in its current location, vegetation screening has been provided to soften its impacts. Should the dam be constructed in accordance with the approved plan, it may have an even more prominent presence due to the more substantial earthworks involved as the land is sloping down toward Quin Brook to the south. The neighbouring land owners have raised concerns about the safety of the dam and amenity impacts during its construction phase. The Officer is of the view that these concerns are all valid and can be addressed with the imposition of conditions to require structural engineering certification and development of an Environmental Management Plan. STATUTORY ENVIRONMENT Local Planning Scheme No. 9 Part 4 – Zones and the Use of Land 4.2 Objectives of the Zones 4.2.7 General Rural Zone Planning and Development Act 2005 Part 10 – Subdivision and Development Control Division 5 Development Controls Section 164 Development commenced or carried out, subsequent approval of POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 1.2.1 Integrate all planning and delivery in accordance with

statutory requirements VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Grant Retrospective Planning Approval for a Dam on Lot 12 Military Road,

Muckenburra, subject to the following conditions:


b. An Environmental Management Plan, including a cross-section, site feature

survey, maximum holding capacity, dust suppression measures and locality plan shall be submitted to the Chief Executive Officer for approval within 90 days;

c. A certified report on dam structure by a qualified professional engineer shall be

submitted to the Chief Executive Officer for approval within 90 days; and d. This Approval is for a dam only and does not include any other development or

land use;

2. Refuse to grant Planning Approval for the removal of Condition 3(b) of the State Administrative Tribunal Order (Matter No. DR 190 2007) issued on 16 June 2008, as such removal will result in further intensification of land use with the potential to adversely impact on the amenity of the area; and

3. Advise the Submitters of the outcome.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN RESOLUTION Moved Councillor Smiles, seconded Councillor Ammon that Council: 1. Grant Retrospective Planning Approval for a Dam on Lot 12 Military Road,

Muckenburra, subject to the following conditions:


b. An Environmental Management Plan, including a cross-section, site

feature survey, maximum holding capacity, dust suppression measures and locality plan shall be submitted to the Chief Executive Officer for approval within 90 days;

c. A certified report on dam structure by a qualified professional engineer

shall be submitted to the Chief Executive Officer for approval within 90 days; and

d. This Approval is for a dam only and does not include any other

development or land use;

2. Refuse to grant Planning Approval for the removal of Condition 3(b) of the State Administrative Tribunal Order (Matter No. DR 190 2007) issued on 16 June 2008, as such removal will result in further intensification of land use with the potential to adversely impact on the amenity of the area; and

3. Advise the Submitters of the outcome.

CARRIED UNANIMOUSLY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.1.9 APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL - PRIVATE

RECREATION (HORSE RIDING AND FARM YARD) ON LOT 504 TELEPHONE ROAD, NEERGABBY

FILE: BLD/6001 APPLICANT: DENISE KOWALD LOCATION: LOT 504 TELEPHONE ROAD, NEERGABBY OWNER: KEVIN DESMOND KOWALD ZONING: GENERAL RURAL (GR40) AUTHOR: KEVIN TANG - MANAGER STATUTORY PLANNING REPORTING OFFICER: JEREMY EDWARDS – CHIEF EXECUTIVE OFFICER REPORT DATE: 17 FEBRUARY 2015 REFER: NIL COUNCILLOR KESTEL DECLARED A FINANCIAL INTEREST IN ITEM 11.1.9 ON THE GROUNDS THAT HE SELLS HAY TO THE BUSINESS IN QUESTION AND LEFT CHAMBERS AT 3.48PM. OFFICER INTEREST DECLARATION Nil PURPOSE To consider an Application for Retrospective Planning Approval for Private Recreation (Horse Riding and Farm Yard) on Lot 504 Telephone Road, Neergabby. BACKGROUND The subject lot is located in Neergabby, approximately three kilometres north of the Telephone Road/Gingin Brook Road intersection. The subject lot has an area of 19.72 ha and is bisected by a wetland. There are a number of existing buildings onsite, including sea containers for storage purposes, a transportable office and ablution facilities, which are being used for the business operation. Farm animals are kept in the front of the allotment, whilst horses are being kept at the rear. The applicant has been operating a tourist trail ride business from the premises, which mainly involves providing riding experience for beginners, disabled people and experienced riders, and providing a farmyard animal experience for riders and non-riding visitors. The applicant’s proposal contains information regarding hours of operation, employees, number of animals, water licence, waste management, access and parking, riding route and riders. A location plan and copy of the applicant’s proposal are provided as Appendix 1. The Officer has conducted a site inspection on 6 January 2015 and has attached photos from the site visit at Appendix 2.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN COMMENT Community Consultation This Application has been referred to all surrounding landowners for comment for a period of 21 days, with two objections being received at the close of the public notice period. The submitters are concerned about road safety, waste and impacts on local roads. The Schedule of Submissions and Recommended Responses is provided as Appendix 3. Planning Assessment The subject lot is zoned General Rural (GR40) under Local Planning Scheme No. 9 (LPS No. 9). The objectives of the General Rural zone are as follows: (i) manage land use changes so that the specific local rural character of the zone is

maintained or enhanced; (j) encourage and protect broad acre agricultural activities such as grazing and more


(k) maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse systems from damage; and

(l) provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the General Rural zone.

The definition of “Private Recreation” under L PS No. 9 means premises used for indoor or outdoor leisure, recreation or sport which are not usually open to the public without charge. “Private Recreation” is a D use in the General Rural zone under LPS No. 9, meaning that it is a land use which is not approved until Council has exercised its discretion. Environmental Impact A search into WA Atlas discovered that there is a Conservation Category Wetland bisecting Lot 504. At the time of Officer’s site visit, no water was flowing in the wetland through which the applicant was accessing the rear portion of Lot 504. Clause 5.3 (ii) of the State Planning Policy 2.9 Water Resources requires to protect, conserve, manage and enhance the environmental attributes, functions, and values of significant wetlands, such as Ramsar Wetlands, conservation category wetlands and wetlands identified in any environmental protection policies. As a good practice, a more intensive land use is required to have a minimum of 50m buffer from any wetland vegetation. Officer has recommended imposing a condition to this effect.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN In addition, given the number of animals to be kept on site and the amount of waste they will produce, Officer is of the opinion that an Environmental Management Plan (EMP) should be submitted to the Shire for approval. The EMP is expected to outline measures to manage manure and waste, stock control and so on. Road traffic rules In Western Australia, horses being ridden are considered “vehicles”. Therefore, the same set of rules applicable to vehicles will apply to horses. Riding a horse on or alongside any road (other than freeways) is permitted unless a sign says otherwise. Horses can go to places where vehicles are forbidden such as paths and nature strips. A copy of the Information Sheet from the Office of Road Safety regarding the above road rules is provided as Appendix 4. The proponent is seeking Council’s permission to ride along Telephone Road. Advice Notes Should Council approve this Application, the following Advice Notes will be added:

D. Further to this approval, the Applicant is required to submit working drawings and

specifications to comply with the requirements of the Building Act 2011 and Health Act 1911 which is to be approved by the Shire of Gingin’s Regulatory Services Department prior to issuing a Building Permit.

E. Please note that permanent use of sea containers will require Building Permits. STATUTORY ENVIRONMENT Local Planning Scheme No. 9 Part 4 – Zones and the Use of Land 4.2 Objectives of the Zones 4.2.7 General Rural Zone State Planning Policy 2.9 Water Resources POLICY IMPLICATIONS Nil BUDGET IMPLICATIONS Nil

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 1.2.1 Integrate all planning and delivery in accordance with

statutory requirements VOTING REQUIREMENTS – SIMPLE MAJORITY RECOMMENDATION It is recommended that Council: 1. Grant Planning Approval for Private Recreation (Horse Riding and Farm Yard) on Lot

504 Telephone Road, Neergabby, subject to the following conditions:


b. A minimum of 50 metres setback from any vegetation of the Conservation

Category Wetland shall be provided and maintained at all times by the approved land use and development, bar access tracks;

c. An Environmental Management Plan (EMP) shall be submitted to the Chief

Executive Officer for approval within 90 days from the date of this Approval and the EMP shall be implemented to the satisfaction of the Chief Executive Officer;

d. The EMP shall be required to address measures regarding waste management,

large animal management and wetland management; and

e. This Approval is for Private Recreation (Horse Riding and Farm Yard) and incidental buildings only and does not include any other development and/or land use; and

2. Advise the Submitters of the outcome. RESOLUTION Moved Councillor Ammon, seconded Councillor Collard that Council: 1. Grant Planning Approval for Private Recreation (Horse Riding and Farm Yard) on Lot

504 Telephone Road, Neergabby, subject to the following conditions:

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d. The EMP shall be required to address measures regarding waste management,

large animal management and wetland management; and e. This Approval is for Private Recreation (Horse Riding and Farm Yard) and

incidental buildings only and does not include any other development and/or land use; and

2. Advise the Submitters of the outcome. AMENDMENT Insert the words “Subject to the receipt of an Indemnity Insurance Certificate” at the beginning of Part 1 and add Conditions 1f and 1g. Moved Councillor Collard, seconded Councillor Smiles that Council: 1. Subject to the receipt of an Indemnity Insurance Certificate, grant Planning

Approval for Private Recreation (Horse Riding and Farm Yard) on Lot 504 Telephone Road, Neergabby, subject to the following conditions:

a. The land use and development shall be undertaken in accordance with the

approved plans and specifications, unless conditioned otherwise in this Approval;





d. The EMP shall be required to address measures regarding waste

management, large animal management and wetland management; and

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e. This Approval is for Private Recreation (Horse Riding and Farm Yard) and incidental buildings only and does not include any other development and/or land use;

f. Signage to be installed, at the cost of the proponent, to the satisfaction of

the Chief Executive Officer warning oncoming traffic that livestock may be encountered on the road; and

g. This approval is valid for two years from the date of this approval; and

2. Advise the Submitters of the outcome. THE AMENDMENT BECAME THE SUBSTANTIVE MOTION AND WAS PUT.

CARRIED UNANIMOUSLY REASON FOR AMENDMENT COUNCIL WAS OF THE OPINION THAT THE AMENDMENTS WERE REQUIRED TO ENSURE THAT THE ISSUE OF INDEMNITY WAS FULLY ADDRESSED AND THAT ROAD USERS ARE ADEQUATELY WARNED OF POTENTIAL HAZARDS WHICH MAY ARISE FROM THE APPROVED USE AND TO PROVIDE COUNCIL WITH AN OPPORTUNITY TO REVIEW THE MATTER AFTER A PERIOD OF TWO YEARS. COUNCILLOR KESTEL RETURNED TO COUNCIL CHAMBERS AT 4.00PM, AT WHICH TIME THE SHIRE PRESIDENT ADVISED HIM OF THE DECISION WHICH HAD MATERIALISED DURING HIS ABSENCE.

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.2. CORPORATE AND COMMUNITY SERVICES

11.2.1 ANNUAL BUDGET REVIEW 2014/15

LOCATION: SHIRE OF GINGIN FILE: FIN/25 REPORTING OFFICER: KAYE LOWES – EXECUTIVE MANAGER CORPORATE

AND COMMUNITY SERVICES REPORT DATE: 17 FEBRUARY 2015 REFER: N/A OFFICER INTEREST DECLARATION Nil PURPOSE To consider and adopt the Budget Review as presented in the Statement of Financial Activity for the period 1 July 2014 to 31 December 2014. BACKGROUND Regulation 33A of the Local Government (Financial Management) Regulations 1996 requires that Local Governments conduct a Budget Review between 1 January and 31 March in each financial year. A copy of the Review and determination is to be provided to the Department of Local Government and Communities within 30 days of adoption of the Review. COMMENT A comprehensive Budget Review has been undertaken by Officers during January 2015. The review is based on the Budget Variances as at 31 December 2014. At its Special meeting to adopt the 2014/15 Budget on 8 July 2014, Council adopted a 10% (minimum $10,000) threshold for the reporting of material variances when assessing statements of financial activity and the Annual Budget Review for the 2014/15 financial year. As Council would be aware, the Shire’s monthly statements of financial activity are reviewed and presented to Council on a regular basis. This Statutory Budget Review also considers and takes into account these monthly activity statements. An analysis of the Schedule of Budget Variances (attached as Appendix 1) has identified the following variances summarized by Schedule that are likely to materially affect Council’s 30 June 2015 financial position: Schedule Schedule Description Value Schedule 3 General Purpose Income Total 13,241 Schedule 4 Governance Total (50,000) Schedule 5 Law Order Public Safety Total 96,794

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN Schedule Schedule Description Value Schedule 6 Education and Welfare Total 16,353 Schedule 7 Health Total 0 Schedule 9 Housing Total (10,800) Schedule 10 Community Amenities Total 644 Schedule 11 Recreation and Culture Total (509,137) Schedule 12 Transport Total 121,497 Schedule 13 Economic Services Total (7,856) Schedule 14 Other Property and Services Total 286,045 Schedule 24 Restricted Cash Transactions 69,273 Various Other minor variances throughout schedules (119,185) ESTIMATED NET SURPLUS/(DEFICIT) $93,131

Due to the above adjustments, the closing funds are projected to increase from $0 to $93,131. This variance does not remain within the percentage dollar material variance set by Council in the 2014/15 Adopted Budget.

SURPLUS/DEFICIT BY PROGRAM

Result Adopted Budget

Result Revised Budget Variance

This total is the sum of operating revenue, operating expenditure, capital income and capital expenditure including rates

($5,563,115) ($5,366,681) $196,434

Add back all non cash items $4,457,416 $4,368,751 ($88,665)

Add surplus/(deficit) July 1 brought forward. $1,105,699 $1,091,062 ($14,637)

Deduct surplus/(deficit) June 30 carried forward 0 $93,131 ($93,131)

Sum (a), (b) and (c), deduct amount at (d). Total is a control amount which must equal zero

$0 $0 $0

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN *See Statement of Budget Review (Item (c) – detailed break up of variance between Budget brought forward and Revised Budget/Actual brought forward) attached as Appendix 2. CONCLUSION Officer projections indicate that at year end there will be a surplus of an estimated $93,131. Although the Budget Review has identified a modest surplus, Officers anticipate that there could be further savings in direct costs within the Shire’s Road Construction Program and various other Functions. There are differences in varying amounts throughout each Function within the Budget. Officers stress that these projections are estimates based on current trends done to the best ability of the Officers involved. STATUTORY ENVIRONMENT Local Government (Financial Management) Regulations 1996 Part 3 – Annual Budget Reg. 33A – Review of budget

POLICY IMPLICATIONS

Nil BUDGET IMPLICATIONS There are no specific Budget implications resulting from the review, however, the variances identified are there to assist and guide Councillors and Management. Councillors are encouraged to study in-depth the appended Budget Variance Report and to seek clarification of the identified Income/Expenditure Variances from relevant Executive Officers or the Chief Executive Officer where considered appropriate. STRATEGIC IMPLICATIONS Shire of Gingin Strategic Community Plan 2013-2023 Focus Area Leadership and Governance Objective 2. Accountable and responsible governance Outcome 2.1 Deliver accountable and good governance Strategy 2.1.1 Integrate all planning and delivery in accordance with statutory

requirements Outcome 2.2 Prudent management of financial resources Strategy 2.2.2 Ensure prudent financial controls are implemented

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN VOTING REQUIREMENTS – ABSOLUTE MAJORITY RECOMMENDATION It is recommended that Council adopt the Budget Review for the 2014/15 financial year as conducted in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996 with the variances detailed in Appendix 1 for the period 1 July 2014 to 31 December 2014 and amend the budget accordingly. RESOLUTION Moved Councillor Smiles, seconded Councillor Court that Council adopt the Budget Review for the 2014/15 financial year as conducted in accordance with Regulation 33A of the Local Government (Financial Management) Regulations 1996 with the variances detailed in Appendix 1, for the period 1 July 2014 to 31 December 2014 and amend the budget accordingly.

CARRIED BY ABSOLUTE MAJORITY

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ORDINARY MEETING MINUTES 17/02/2015 SHIRE OF GINGIN 11.3. REGULATORY SERVICES

Nil

11.4. OPERATIONS

Nil

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13. COUNCILLORS' OFFICIAL REPORTS

Nil

14. NEW BUSINESS OF AN URGENT NATURE

Nil

15. MATTERS FOR WHICH MEETING IS TO BE CLOSED TO THE PUBLIC

Nil

16. CLOSURE

There being no further business, the Shire President declared the meeting closed at 4.06pm. The next Ordinary meeting of Council will be held in Council Chambers at the Shire of Gingin Administration Centre, 7 Brockman Street, Gingin on Tuesday, 17 March 2015 commencing at 3.00pm. _________________ Councillor M Aspinall Shire President 17 March 2015

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minutes ordinary meeting of council 17 february 2015 · ordinary meeting minutes 17/02/2015 shire...

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