minutes ordinary meeting of council 19 june 2015 · cr joe o'brien asked why unconfirmed...

MINUTES

ORDINARY MEETING OF COUNCIL

19 JUNE 2015

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS................... 3

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ................. 3

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........... 3

4. PUBLIC QUESTION TIME / ADDRESS BY MEMBERS OF THE PUBLIC ......... 4

4.1 Public Question Time .................................................................................... 4 4.2 Address by Members of the Public ................................................................ 4

5. APPLICATIONS FOR LEAVE OF ABSENCE ......................................................... 5

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ......................................... 5

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ................................ 5

7.1 Minutes of the Ordinary Meeting held on 22 May 2015 ............................... 5

8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION ......... 6

9. PETITIONS ................................................................................................................. 6

10. DECLARATIONS OF INTEREST ............................................................................. 6

11. BUSINESS DEFERRED FROM PREVIOUS MEETING ......................................... 6

12. REPORTS .................................................................................................................... 7

12.1 Monthly Report - Chief Executive Officer to 31 May 2015 .......................... 7 12.2 Monthly Report - Works Manager to 31 May 2015 .................................... 16 12.3 Effluent Disposal – Mount Magnet ............................................................. 18 12.4 Monthly Report - Financial Activity Statement to 31 May 2015 ................ 23 12.5 Monthly Report - Accounts for Payment to 31 May 2015 .......................... 52 12.6 Local Government Convention – Attendance by Cr Joe O’Brien ............... 57 12.7 Proposed Lease to Energy Generation Pty Ltd ............................................ 59 12.8 Request for Commercial Advertising in Council Comments ....................... 92 12.9 Extension of Reserve 41109 for the purpose of "Mining Equipment

Museum" ...................................................................................................... 94

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ....................... 96

14. NOTICE OF MOTIONS FOR THE NEXT MEETING ........................................... 96

15. CONFIDENTIAL BUSINESS .................................................................................. 96

15.1 Proposed Appointment of Willis Australia Limited as Insurance Broker ... 96 15.2 Review of Organisation Structure ................................................................ 96

16. LATE AGENDA ITEMS........................................................................................... 97

16.1 Proposal to Impose Differential and Minimum Rates ................................. 98

17. ELECTED MEMBER MATTERS .......................................................................... 101

18. NEXT MEETING .................................................................................................... 101

19. CLOSURE OF MEETING ...................................................................................... 101

Ordinary Meeting of Council Minutes - 19 June 2015 2 of 101

Shire of Mount Magnet

Minutes for the Ordinary Meeting of Council - 19 June 2015

In Council Chambers, Lot 163 Hepburn Street, Mount Magnet

PREAMBLE

"The Mount Magnet Shire Council embraces the Heritage of the land on which we

meet. Council pays respect to the Elders and Ancestors of this land. Council

acknowledges the Culture forever embedded with the Custodians of this Country"

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

The Shire President, Cr Ashley Dowden, opened the meeting at 1:05pm.

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE

Elected Members

Shire President Cr Ashley Dowden

Deputy President Cr Jorgen Jensen

Member Cr Kevin Brand

Member Cr Bob Ford

Member Cr Jason Homewood

Member Cr Carole Minney

Member Cr Joe O'Brien

Member Cr Eliz Morris

Apologies

Member Cr Wendy McGorman

Officers

Chief Executive Officer Mr Warren Olsen

Works Manager Mr Patrick O’Brien

Administration Supervisor Ms Ronella Kelly

Visitors

Sergeant Matt Fogarty Ms Karen Williams

Ms Jane Eagling Ms Bea Ashwin

Mr Ashton Dudley Mr Lawrence Go

Mr George Harfouche Ms Chelsea Pierce

Mr William Ryder Mr Gregory Shar

Mr Jeffrey Sturges-Noble Ms Laura Turvey

Mr John Yates Jr.

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil.


4. PUBLIC QUESTION TIME / ADDRESS BY MEMBERS OF THE PUBLIC

4.1 Public Question Time

Ms Karen Williams

Expressed concerns regarding the Previous Minutes not including attendance by

members of the public, and also not recording discussions regarding the Youth

Enterprise Project Request for Support.

The President apologised for these oversights and informed Ms Williams that in

future minutes will include all that are present.

Expressed concerns regarding the lack of advertising for the Markets.

The President informed Ms Williams that updated posters will be distributed.

Ms Jane Eagling

Asked when the new Skate Park will be finished.

The Chief Executive Officer informed Ms Eagling that the new Skate Park will be

finished by the end of October.

Mr George Harfouche

Asked when play equipment in Foster Park will be fixed.

The Chief Executive Officer informed Mr Harfouche that new play equipment will

be installed by the end of October.

4.2 Address by Members of the Public

Sergeant Matt Fogarty

Gave a background on crime statistics in Mount Magnet which was 15% down

from this time last year.

Informed Council that strategies for next year which include engaging other

agencies, and supporting families of young offenders.

Road Policing has received positive comments from the community with only 2

fatalities this year.

A Community Forum with the same agenda is being arranged for the first week in

August.

The President asked for an update on complaints made regarding the Caravan

Park:

Sergeant Fogarty informed the President that without official reports being

made to the Police, these issues cannot be dealt with, though Officers are

regularly patrolling the Caravan Park.

The Chief Executive Officer enquired about the status of rangeland goats:

The President informed Council that rangeland goats are the property of

the owners of the land, and hoped that Police are now informed and

offenders are prosecuted.

Sergeant Fogarty agreed that there was issues with finding proof of

ownership and endeavour to train staff on the issue.


Cr Joe O'Brien noted that at the recent Community Forum there were more

issues than expected.

Sergeant Fogarty informed Cr O'Brien that areas of responsibility need to

be identified as many areas are multi-agency issues.

The President envisages a better timeslot for the next Community Forum,

and hopes that community members are better prepared, rather than

"having a go at the Police".

5. APPLICATIONS FOR LEAVE OF ABSENCE

COUNCIL RESOLUTION

Moved: Cr Carole Minney Seconded: Cr Jorgen Jensen

That Cr Wendy McGorman is granted leave until October.

RESOLUTION 2015-06-01 CARRIED 8/0

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS

Cr Eliz Morris

27 May 2015 - Housing Forum with Ted Duke at the Recreation Centre.

30 May 2015 - Auction.

31 May 2015 - Senior First Aid Course at Ramelius SPQ.

9 June 2015 - Inter Agency Meeting.

10 June 2015 - Men's Shed Meeting. WACHR house inspection.

Cr Joe O'Brien

MRVC Ordinary Meeting of Council was cancelled. A Special Meeting has been

arranged for Monday, 29 June 2015.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

During discussion Cr Kevin Brand viewed his concerns regarding a question that he

raised at the previous meeting, was not noted. Cr Joe O'Brien asked why Unconfirmed

Minutes are taking such a long time in getting to Elected Members.

7.1 Minutes of the Ordinary Meeting held on 22 May 2015

COUNCIL RESOLUTION

Moved: Cr Jason Homewood Seconded: Cr Joe O'Brien

That the minutes of the Ordinary Meeting held on 22 May 2015 as circulated be

confirmed as a true and correct record of proceedings.



8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

Nil.

9. PETITIONS

Nil.

10. DECLARATIONS OF INTEREST

Cr Kevin Brand declared an impartiality interest in Item 12.9 on the basis that he is the

President of the Mount Magnet Historical Society.

11. BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil.


12. REPORTS

12.1 Monthly Report - Chief Executive Officer to 31 May 2015

File: AD-REP

Officer: Warren Olsen - CEO

Amended by: Nil

Disclosure of Interest: Nil

Meeting Date: 19 June 2015

Voting Requirements

Simple Majority

Current Personnel

Based on the Organisation Structure, personnel as at 19 June 2015 are as follows:

Administration Chief Executive Officer Warren Olsen

Finance Manager Maureen Murat

Administration Manager Vacant

Administration Supervisor Ronella Kelly

Finance Assistant Helga Goerigk

Customer Service Officer Amber Seivwright

Library Officer Monica Watson

Tourism Promotions &

Development Officer

Karen Morrissey

Visitor Centre Customer

Service Officer (Casual)

Narelle Baer

Youth & Recreation

Officer (Casual)

Cecilia Kelly

Jessica Killick

Office Assistant/Customer

Service Officer (Casual)

Rani Hutchinson

Works Department Works Manager Patrick O'Brien

Works Supervisor Vacant

Works Leading Hand Peter Lethborg

Plant Operator Noel Curley

Neville Kelly

Gardener/Labourer Brian Hawkins

John Yates

Cleaner Sophie Singh

Kathy Shaw

Swimming Pool Manager JJ Amella

Caravan Park Manager Bill Moses

Kate Hutchison

Contract Ranger Peter Smith

EHO/Building Surveyor Bill Atyeo

Financial & Accounting

Services

RSM Bird Cameron


Aerodrome Statistics for the Bluey Osmond Aerodrome for 2013/2014 and YTD are as follows:

2013/2014 Bluey Osmond Aerodrome Statistics

Month Landings Revenue

($) Inbound Outbound

Revenue

($)

Total

Revenue

($)

July 105 17,168 1,235 1,247 18,981 36,149

August 109 15,934 1,147 1,180 18,087 34,021

September 99 14,850 1,064 1,042 16,574 31,424

October 103 16,368 1,111 1,105 17,487 33,855

November 94 15,556 992 1,037 16,063 31,619

December 87 15,366 1,054 1,076 17,082 32,448

January 94 15,408 1,119 1,144 17,999 33,407

February 86 14,238 896 973 14,761 28,999

March 73 11,624 989 999 9,366 20,990

April 65 10,632 652 630 9,965 20,597

May 70 11,158 671 680 10,546 21,704

June 67 10,678 673 630 9,732 20,410

Total 1052 168,981 11,603 11,743 176,643 345,623

2014/2015 Bluey Osmond Aerodrome Statistics

Month Landings Revenue

($) Inbound Outbound

Revenue

($)

Total

Revenue

($)

July 57 10,127 551 620 9,579 19,706

August 61 10,341 582 578 9,430 19,771

September 53 9,454 458 411 7,102 16,556

October 54 8,976 598 589 9,723 18,699

November 49 7,237 536 525 8,669 15,905

December 57 8,627 450 514 7,802 16,429

January 51 8,136 602 481 8,784 16,920

February 48 6,905 466 471 7,616 14,521

March 53 7,315 424 383 6,637 13,952

April 48 6,379 363 359 5,776 12,155

**May 50 6,749 39 37 608 7357

June

Total 581 90,246 5,069 4,968 81,726 171,972

**May passenger numbers are down due to data not being received prior to finalisation

of month end.


Public Library Patronage statistics for the Library for 2013/2014 and YTD are as follows:

2013/2014 Public Library Statistics

Month Patrons Enquiries Issues Ill's Internet

Access

Revenue

($)

July 89 1 15 0 45 127

August 96 3 4 4 42 97

September 76 4 8 2 20 41

October 77 4 1 4 26 53

November 51 1 10 1 14 67

December 50 0 12 0 14 29

January 68 11 12 5 16 30

February 43 5 1 4 14 53

March 34 14 9 5 10 20

April 48 135 13 12 16 42

May 79 75 39 6 30 71

June 76 364 36 10 27 76

Total 787 617 160 53 274 706

2014/2015 Public Library Statistics

Month Patrons Enquiries Issues Ill's Internet

Access

Revenue

($)

July 58 932 20 3 14 42

August 63 281 22 4 23 83

September 59 118 27 20 14 34

October 81 117 45 12 13 52

November 70 84 33 7 20 103

December 51 70 22 6 13 136

January 58 88 12 5 13 69

February 74 32 26 5 20 75

March 91 40 36 10 25 60

April 63 13 24 6 24 81

May 69 34 8 6 15 49

June

Total 737 1,809 275 84 194 784


Memorial Swimming Pool

Statistics for the Swimming Pool for 2013/2014 and YTD are as follows:

2013/2014 Memorial Swimming Pool Statistics

Month Adult Child Season

Adult

Season

Child

Under

4 Yrs School Total

Revenue

($)

July

August

September

October 217 530 46 83 55 12 943 2,894

November 218 324 173 123 67 28 933 2,055

December 251 333 145 169 74 10 982 1,369

January 226 580 241 323 129 1 1,500 1,594

February 149 241 128 117 61 0 696 1,019

March 93 138 39 94 22 132 518 489

April

May

June

Total 1,154 2,146 772 909 408 183 5,572 9,420

2014/2015 Memorial Swimming Pool Statistics

Month Adult Child Season

Adult

Season

Child

Under

4 Yrs School Total

Revenue

($)

July

August

September

October 217 709 57 30 35 0 1,048 2,445

November 124 170 30 352 48 0 724 6,282

December 238 209 43 217 74 29 810 1,969

January 133 446 73 306 127 0 1,085 2,188

February 158 188 46 194 40 0 626 773

March 24 45 48 44 5 78 244 147

April

May

June

Total 894 1,767 297 1,143 329 107 4,537 13,804


Fitness Centre

Statistics for the Fitness Centre for 2013/2014 and YTD are as follows:

2013/2014 Fitness Centre Statistics

Month Activity (Hours) Memberships

Patrons Revenue

($) Month % Week Month Annual

July 39 7 7 3 0 47 153

August 41 7 4 11 1 45 710

September 43 8 1 6 0 42 199

October 61 11 3 4 0 62 152

November 51 9 15 4 1 76 561

December 33 6 1 4 0 48 135

January 27 5 1 5 1 28 495

February 19 4 2 4 0 23 144

March 29 5 8 11 0 37 415

April 69 13 3 7 0 66 247

May 94 17 1 10 0 99 263

June 52 10 3 3 1 49 447

Total 558 9 49 72 4 573 3,921

2014/2015 Fitness Centre Statistics

Month Activity (Hours) Memberships

Patrons Revenue

($) Month % Week Month Annual

July 23 4 6 3 0 32 147

August 38 7 8 2 0 54 142

September 39 7 4 4 0 47 300

October 44 8 1 12 0 67 401

November 115 21 2 8 0 141 277

December 97 17 4 3.5 0 83 147

January 50 9 4 6 0 51 229

February 75 15 13 5 0 85 315

March 100 18 15 12 0 119 515

April 68 13 1 3 0 62 61

May 66 12 0 8 0 57 262

June

Total 715 12 56 66.5 0 798 2,796


Caravan Park Statistics for the Caravan Park for 2013/2014 and YTD are as follows:

2013/2014 Caravan Park Statistics

Month

Cabins (8)

(Ensuite)

Cabins (9)

(No Ensuite) Sites (36)

Visitors Revenue

($) Nights % Nights % Nights %

July 91 37 120 43 711 64 1,246 36,773

August 64 26 100 36 674 60 996 29,190

September 80 33 98 37 623 58 844 30,453

October 90 36 61 22 322 29 573 24,432

November 69 29 44 16 138 13 260 11,759

December 70 28 36 13 88 8 248 13,750

January 38 15 6 2 48 4 173 6,412

February 44 20 20 8 60 6 141 6,380

March 70 28 35 13 94 8 203 8,579

April 96 40 56 21 311 29 472 22,641

May 119 40 37 21 391 29 643 21,701

June 90 38 25 9 536 50 736 28,002

Total 921 31 638 20 3,996 30 6,535 240,072

2014/2015 Caravan Park Statistics

Month

Cabins (8)

(Ensuite)

Cabins (9)

(No Ensuite) Sites (36)

Visitors Revenue

($) Nights % Nights % Nights %

July 107 43 51 18 733 66 1,399 35,512

August 126 51 67 24 758 68 1,231 35,828

September 91 38 42 16 618 57 1,002 29,093

October 75 30 46 16 266 24 612 20,441

November 74 31 25 9 101 9 259 13,284

December 61 32 60 9 107 10 320 12,951

January 44 32 34 9 73 10 282 11,377

February 47 21 52 21 90 9 197 11,196

March 49 20 34 12 147 13 268 12,468

April 79 33 26 10 325 30 605 19,959

May 116 47 41 15 525 47 832 26,561

June

Total 869 34 478 14 3,743 31 7,007 228,670


Visitor Centre

Patronage statistics for the Visitor Centre for 2013/2014 and YTD are as follows:

2013/2014 Visitor Centre Statistics

Month

Visitors

(Total)

Visitors

(Museum)

Museum

Entry

Revenue

Visitor

Centre

Revenue

Commission

($) Adult Child Adult Child

July 637 25 296 19 1,480 2,470 387

August 664 11 305 3 1,525 3,206 596

September 592 3 248 1 1,240 1,757 363

October 436 40 215 17 1,075 1,248 191

November 43 0 25 0 125 713 176

December 30 4 19 4 95 890 127

January 11 4 7 4 35 64 9

February 14 2 7 0 35 145 25

March 46 0 19 0 95 405 80

April 225 5 45 2 225 1,306 233

May 430 7 149 4 745 1,681 283

June 450 0 169 0 845 1446 237

Total 3,578 101 1,504 54 7,520 15,331 2,707

2014/2015 Visitor Centre Statistics

Month

Visitors

(Total)

Visitors

(Museum)

Museum

Entry

Revenue

Visitor

Centre

Revenue

Commission

($) Adult Child Adult Child

July 756 54 340 27 1,700 4,368 825

August 937 5 355 0 1,775 2,931 557

September 726 12 300 5 1,500 2,741 581

October 244 16 103 7 515 1,235 227

November 55 3 3 0 15 106 20

December 0 0 0 0 0 0 0

January 0 0 0 0 0 0 0

February 9 0 5 0 25 25 16

March 20 2 8 2 40 22 10

**April

May 348 9 139 0 695 240 1718

June

Total 3,095 1010 1,253 41 6,265 11,668 3,954

** Unavailable


Animal Control

Statistics for Ranger services for 2013/2014 and YTD are as follows:

2013/2014 Ranger Statistics

Month Enquiries Licenses Seizures Impounds Complaints Revenue

($)

July 4 2 4 0 0 180

August 0 1 1 0 1 18

September 6 1 4 1 0 90

October 22 15 4 4 0 365

November 12 20 0 0 3 780

December 7 0 9 0 1 0

January 3 0 0 0 0 64

February 2 0 1 0 0 0

March 3 1 0 1 0 180

April 3 0 4 0 0 40

May 3 0 6 3 1 0

June 3 0 1 0 0 0

Total 68 40 34 9 6 1,717

2014/2015 Ranger Statistics

Month Enquiries Licenses Seizures Impounds Complaints Revenue

($)

July 2 19 0 0 0 641

August 6 4 0 0 3 58

September 1 7 5 0 2 94

October 0 9 15 0 2 231

November 15 9 1 1 3 253

December 1 3 10 0 0 120

January 3 1 0 0 0 25

February 0 2 3 0 0 52

March 5 2 11 0 5 70

April 1 0 11 0 4 260

May 0 2 9 0 1 45

June

Total 34 58 65 1 20 1,849

I attended Mount Magnet on Date: Monday 18, Thursday night 21 and Friday morning 22 May 2015.

Patrols were conducted of the town-site and surrounding areas and license enquiries made. Registration files were checked for compliance.

One written complaint was received. I attended the address of the offending dog. No one was home and the dog was nowhere to be seen. Enquiries will continue on the next visit.

Four unwanted puppies were conveyed to the Geraldton Pet Shop and five other puppies were handed in by their owner for destruction.

Patrols were conducted of The Granites. No illegal campers were sighted.


Grants

Statistics for the financial year 2014/2015 are as follows:

Project Program Funding Grant

Amount Total Cost Status Close Date Result

Rectify Runway

Lighting

Regional Airports Development

Scheme (Department of Transport)

$161,209 $322,419 Submitted 16-Sep-14 Successful

Construction of

Leisure Pool

Community Sporting & Recreation

Facilities Fund (Department of Sport &

Recreation

$250,000 $540,650 Submitted 19-Sep-14 Successful

Astro Rocks Fest 2015 Community Events (Lotterywest) $14,000 $33,955 Submitted 04-Dec-14 Successful

Astro Rocks Fest 2015 Community Chest Fund (MWDC) $6,723 $33,955 Submitted 04-Dec-14 Unsuccessful

Astro Rocks Fest 2016 Regional Events Scheme (Tourism WA) $10,000 $34,655 Submitted 10-Jan-15 Successful

Astro Rocks Fest 2015 Horizon Power Community Investment

Program

$1,500 $33,955 Submitted 10-Apr-16 Successful

COUNCIL RESOLUTION


That Council receives the Chief Executive Officer’s report.



12.2 Monthly Report - Works Manager to 31 May 2015

File: AD-REP Officer: Patrick O'Brien – Works Manager

Amended by: Nil



Previous Business

Flood Damage Works Flood Damage Pick Up submission has been submitted to

MRWA, awaiting approvals process from MRWA and

subsequent Federal approval.

Black Spot Works Black spot fence works are basically completed.

Rural Road Works

Drainage Works Drainage improvement works are ongoing as required.

Flood Damage Works Minor temporary flood damage repairs to be carried out.

Aerodrome Works

Weed Control Ongoing spraying works/grass control are being carried

out as required.

Township Works in Progress

Weed Control Slashing of grass around town is ongoing including verge

and roadside mowing and whipper snipping to minimise

weed regrowth.

Seniors Centre Concrete end wall has been installed and gutter to be

installed on rear roof.

Litter Control Litter control is ongoing and street sweeper is being

utilised as required.

Caravan Park New upsized concrete septic tank install works and

removal of existing poly tanks has been completed,

backfill/remedial works are nearing completion.

Northern caravan park boundary to be pegged to enable

fence extension at a later date.

Moses Street Sub-Division Moses Street subdivision works are basically completed

and reseal works on remainder of Moses Street has been

finalised.

Mosquito Fogging Mosquito Fogging is ongoing on a weekly basis as

required.

Refuse Site Town Rubbish Truck dump pit has been excavated and

completed and is currently in use. Old pit site is being

covered and sealed. Rubbish Collection data audit update

to be carried out.

Swimming Pool Pool upgrade proposed works are progressing with

discussion to be held with regard to design

plans/direction.

Main Street In consultation with MRWA to attempt to implement

running bore water under highway at front of caravan

park to coincide/utilise traffic management with main

street intersection repairs at Richardson and Great

Northern Highway.


Recreation Centre Vandalism of electrical meters inside yard at Recreation

Centre MSB on oval has resulted in all glass on meters

being smashed and damage to meters to be assessed.

Shire Depot Boundary survey works to be carried out at rear of works

depot to implement extension of security fence to

completely enclose depot yard.

Staff Housing

Tree lopping is scheduled for large trees in rear house yards to reduce risk of

possible infrastructure damage from falling tree limbs.

Investigation of stump sinking on caravan park transit house to be carried out.

Major Plant Maintenance

Recent auction of surplus plant and council inventory has been completed.

Minor machinery issues are being attended to and service schedules are up to date.

Toyota Prado is currently being repaired.

Direction sought to progress with trade in of Mitsubishi Truck on suitable

Primemover.

Direction sought to finalise sale of Toro ride on mower.

Works Staff Training

Ongoing further investigation into sourcing an experienced foreman/supervisor who

is also a competent machine operator (grader/MC Licence) to assist with flood

damage contract works in the new financial year.

Training Refresher courses with Durack are still to be finalised.

Voting Requirements

Simple Majority

COUNCIL RESOLUTION

Moved: Cr Bob Ford Seconded: Cr Eliz Morris

That Council receives the Works Manager’s report.



12.3 Effluent Disposal – Mount Magnet

File: AD-REP Officer: Bill Atyeo - EHO/Building Surveyor

Amended by: Nil



Council has been contacted in regards to the excessive amounts of effluent being

disposed at the effluent disposal area at the landfill site. The tip is licensed to dispose of

100 tonnes (100,000 Litres) of effluent per annum in line with the DER license held by

the Shire. However for some time now we have exceeded this capacity.

The Controlled Waste Division of DER has contacted us and informed us that we are

“outside” the conditions of our license by disposing of in excess of 1,000 tonnes

(1,000,000 Litres). We were advised that we were required to make an application to

the DER to provide a Class 61 facility (effluent disposal facility) in order to make this a

legal Class 61 facility and the matter was transferred to DER for action.

Mr O’Brien and I met onsite with two officers of DER and raised the issue with them,

as we felt it would be an ideal opportunity for the officers to view what we have a note

any problems we might want to address following our application. This contravention

has been referred to the DER and we have had communications back.

It has been stated by the relevant officer there are problems making a recommendation

to approve the application unless the trenches are clay-lined and would have to refer it

to their (DER) hydrologist for comment. This is happening now.

There is no doubt that we have been exceeding the disposal rates permitted, however,

there are no physical signs that there has been any problems associated with the facility.

The capacity has been calculated at approx 1700 tonnes which could easily handle the

1,000 tonnes applied for. However we will have to wait for the decision of the DER.

With Regards to a Letter of Concern from Mr Jeff Brown (attached to this report) in

relation to the proposed 2.5 cents per little for disposing effluent at the tip:

I appreciate the concerns expressed by Mr Brown but we are currently in breach of our

Land fill Site license as we are receiving in excess of our 100 tonne allotted (10 times

the allotted litres). If we are permitted to have Class 61 wastes with increased capacity

we will be required to maintain the facility better and monitor it more regularly. Costs

to Council will therefore be significantly increased.

If the DER decides not to grant our application, then the maximum we will be permitted

to allow will be 100 tonnes (100,000 litres) and so we will have to close the facility

once this has been reached. The contractor will then have to seek an alternative licensed

facility which would be Geraldton who were charging 4.9 cents per litre.


There fees for Liquid Wastes deposited at the landfill site are as follows:

If the DER approves the application then there is a possibility that this would be

conditional providing we upgrade the facility by constructing monitoring bores and or

lining the trenches with clay, or they could approve it with a restricted volume able to

be discharged. Whichever way the DER decide, there will be financial considerations

for the continual upkeep of the facility.

Following a further phone call from the relevant officer of DER I stated:

“As stated to you, Council does have options in this but we are trying to provide an

adequate facility to handle what we are receiving at the present time, and 1000 tonnes

would be sufficient we feel. On looking back through the CWT forms submitted we have

exceeded this figure with the facilities we have without tell-tail signs of seepage outside

of the trenches provided as would have been witnessed by yourself when you were on

site.

I have also attached a couple of photos of the sides of a new trench we have excavated

which is adjacent to the effluent disposal area. There is at least 4 metres of clay under

the surface and so i would predict that there would never ever be seepage of effluent to

any sources of water that may be within the area. The trenches are rotated on a regular

basis so that the wind and air temperature provide excellent elements to assist

transpiration of the liquid. Once trenches are dried out, then the remaining solids are

removed to the putrescible disposal area and covered along with the waste disposed

from our weekly pickups.

As also stated, the facility is at least 4 kilometres from the water protection areas of

Water Corp (noted that mining operations take place within the protected areas) and so

I fail to see how it could be detrimental to the potable water supply to the town

especially when 4 metres of clay lays under the trenches.

I am happy to leave this with you and take direction and advice in regards to whether

or not you would allow this application. To have the trenches clay lined would be

ineffective and cost prohibitive for the Shire and we would have to look at other options

such as shutting the facility after receiving 99 tonnes (99,000 Litres) of liquid effluent

and leaving it up to the contractors to dispose of the rest at a Class 61 facility.”


I also attached the following photos showing the profile of clay in the walls of the

trench just completed which is adjacent to the liquid waste facility at the Mount Magnet

Landfill Site:


Thus ends my report and we await a decision of the DER on our application

W.V.Atyeo (M.E.H.A.A.)

Principal Environmental Health Officer

Building Surveyor

COUNCIL RESOLUTION

Moved: Cr Joe O'Brien Seconded: Cr Jorgen Jensen

That Council receives the EHO/Building Surveyor’s report.



Report by WV ATYEO 12th June 2015

Page 5 of 5

To Mt Magnet CEO/EHO,

Re: Proposed effluent disposal charges

I am writing with grave concern for the future viability of my business.

I have been informed that a disposal fee for effluent waste has been put to the table at a rate of 2.5

cents per litre, I am not opposed to the idea of a cost recovery charge for the upkeep of the shire’s

disposal facility, but I am opposed to such a large and immediate increase.

2.5 Cpl equates to an immediate 25% of my current rate, I cannot afford to absorb this, what seems

to be such an extravagant rate, and I will therefore have to pass on this cost in full to my clients. I

am currently able to offer my services competitively, however feel that with a 25% increase, I would

no longer be competitive therefore putting undue stress on my business which is currently in a low

due to lack of activity in and around town, and I am sure that almost every other business in town is

also feeling the pinch.

I am truly of the belief that any small business in any line of work would find an immediate 25% cost

increase extremely hard to deal with in such a short timeframe.

My proposal would be a little fairer on both business and consumer, by starting off small and

incrementing the cost increase over a longer timeframe. Let’s say 0.5cpl to start with, then

incrementing the cost by 0.5cpl each year until it reached a maximum cost of 2cpl, this way both my

business and my clients could better cope with the cost increases. I am not sure how the figure of

2.5cpl has been calculated but this is extremely large for a small community.

This year I have reduced my rate for the collection of rubbish in good faith and with the hope that

there will no longer have to be a further increase in rubbish collection for the rate payers, so my

income for one part of my business is already reduced, to take a big hit in the other part of my

business could in fact cripple us in a fairly short time if not properly managed.

I have invested money in this town and here for the long haul, I have done my absolute best in

keeping my property and equipment up to date and looking the very best it can be, but I didn’t just

pull all that money from a big barrel out the back, I owe money just like every other business needs

to to survive I am sure, so for you to throw a 25% increase at me is extremely concerning.

I hope you can hear my cries after reading this letter and not pass on this cost immediately.

Yours faithfully

Jeff Brown

Mt Magnet Waste Disposal

0429 634 077


12.4 Monthly Report - Financial Activity Statement to 31 May 2015

File: FI-REP

Officer: Travis Bate – Financial Consultant

Amended By: Nil



Application

To consider the Financial Reports for the period ending 31 May 2015, attached.

Background

Financial Activity Statement Report – s.6.4

(1) A local government is to prepare each month a statement of financial activity

reporting on the sources and applications of funds, as out in the annual budget

under regulation 22(1)(d), for that month in the following detail –

(a) Annual budget estimates, taking into account any expenditure incurred for

an additional purpose under section 6.8(1)(b) or (c);

(b) Budget estimates to the end of the month to which the statement relates;

(c) Actual amounts of expenditure, revenue and income to the end of the month

to which the statement relates;

(d) Material variances between the comparable amounts referred to in

paragraphs (b) and (c); and (e) The net current assets at the end of the

month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents

containing-

(a) an explanation of the composition of the net current assets of the month to

which the statement relates, less committed assets and restricted assets;

(b) An explanation of each of the material variances referred to in sub-

regulation (1)(d); and

(c) Such other supporting information as is considered relevant by the local

government.

(3) The information in a statement of financial activity may be shown –

(a) According to nature and type classification,

(b) By program; or

(c) By business unit.

(4) A statement of financial activity, and the accompanying documents referred to in

sub-regulation (2), are to be –

(a) presented to the council –

(i) at the next ordinary meeting of the council following the end of the

month to which the statement relates; or

(ii) if the statement is not prepared in time to present it to the meeting

referred to in subparagraph (i), to the next ordinary meeting of the

council after that meeting; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value,

calculated in accordance with AAS 5, to be used in statements of financial

activity for reporting material variances.

(6) In this regulation –} committed assets~ means revenue unspent but set aside

under the annual budget for a specific purpose; } restricted assets~ have the same

meaning as in AAS 27.[Regulation 34 inserted in Gazette 31 Mar 2005 p. 1049-

50.]

[35. Repealed in Gazette 31 Mar 2005 p. 1050.]


Comment

A monthly financial report is to be presented to Council at the next Ordinary Meeting

following the end of the reporting period.

Statement of Financial Activity

Significant Accounting Policies

Graphical Representation

Net Current Funding Position

Cash and Investments

Major Variances

Budget Amendments

Receivables

Grants and Contributions

Cash Backed Reserves

Capital Disposals and Acquisitions

Trust

Consultation

Travis Bate - Accountant - RSM Bird Cameron

Statutory Environment

Local Government Act 1995 Section 6.4 Financial Report

Financial Management Regulations 34 & 35

Policy Implications

Nil

Financial Implications

Nil

Strategic Implications

Nil

Voting Requirements

Simple Majority

COUNCIL RESOLUTION

Moved: Cr Joe O'Brien Seconded: Cr Jason Homewood

That the Financial Report for the period ending 31 May 2015 be received.



RSM Bird Cameron

Level 1, 12 Bayly Street Geraldton WA 6530

PO Box 61 Geraldton WA 6531

T +61 8 9920 7400 F +61 8 9920 7450

www.rsmi.com.au

L:\2 - Clients\Shire of Mt Magnet (Non-Audit)\2015\EOM\11 - May 2015\FOF\Mt Magnet Compilation Report May 15.docx

Liability limited by a scheme approved under Professional Standards Legislation

Birdanco Nominees Pty Ltd ABN 33 009 321 377 Practising as RSM Bird Cameron ABN 65 319 382 479

Major Offices in: Perth, Sydney, Melbourne, Adelaide and Canberra

RSM Bird Cameron is an independent member firm of RSM International, an affiliation of independent accounting and consulting firms. RSM International is the name given to a network of independent accounting and consulting firms each of which practices in its own right. RSM International does not exist in any jurisdiction as a separate legal entity.

Compilation Report

To the Council

Shire of Mount Magnet Scope

We have compiled the accompanying special purpose financial statements for the period ended 31 May 2015.

The specific purpose for which the special purpose financial report has been prepared is to provide information

relating to the financial performance and financial position of the Shire that satisfies the information needs of the

Council and the Local Government Act 1995 and associated regulations.

The responsibility of the Shire

The Shire is solely responsible for the information contained in the special purpose financial report and have

determined that the accounting policies used are consistent and are appropriate to satisfy the requirements of the

Council and the Local Government Act 1995 and associated regulations.

Our responsibility

On the basis of information provided by the Shire, we have compiled the accompanying special purpose financial

statements.

Our procedures use accounting expertise to collect, classify and summarise the financial information, which the

Management provided, into a financial report. Our procedures do not include any verification or validation

procedures. No audit or review has been performed and accordingly no assurance is expressed.

To the extent permitted by law, we do not accept liability for any loss or damage which any person, other than the

Shire of Mount Magnet, may suffer arising from negligence on our part. No person should rely on the report

without having an audit or review conducted.

This report was prepared for the benefit of the Council of the Shire of Mount Magnet and the purpose identified

above. We do not accept responsibility to any other person for the content of the report.


L:\2 - Clients\Shire of Mt Magnet (Non-Audit)\2015\EOM\11 - May 2015\FOF\Mt Magnet Compilation Report May 15.docx Page 2 of 2

It has been advised to the Shire of Mount Magnet that there is a variance of $50 between the Trust Asset and the

Trust Liability account.

Signed at GERALDTON RSM BIRD CAMERON

Chartered Accountants

Date 10 June 2015 RSM BIRD CAMERON



MONTHLY FINANCIAL REPORT

For the Period Ended 31 May 2015

Local Government Act 1995

Local Government (Financial Management) Regulations 1996

Table of Contents

Statement of Financial Activity by Nature and Type

Statement of Financial Activity by Statutory Reporting Program

Note 1 Significant Accounting Policies

Note 2 Graphical Representation

Note 3 Net Current Funding Position

Note 4 Cash and Investments

Note 5 Major Variances

Note 6 Budget Amendments

Note 7 Receivables

Note 8 Grants and Contributions

Note 9 Cash Backed Reserves

Note 10 Capital Disposals and Acquisitions

Note 11 Trust


Note

Full Year

Budget

YTD

Budget

(a)

YTD

Actual

(b)

Var. $

(b)-(a)

Var. %

(b)-(a)/(b) Var.

Operating Revenues $ $ $ %

Grants, Subsidies and Contributions 8 1,798,361 1,650,749 1,885,581 234,832 12.45% �

Profit on Asset Disposal 10 9,077 8,316 18,993 10,677 56.22%

Fees and Charges 800,000 737,270 610,243 (127,027) (20.82%) �

Service Charges 0 0 0 0

Interest Earnings 100,000 91,663 95,289 3,626 3.81%

Other Revenue 7,063 7,063 41,932 34,869 83.16% �

Total (Ex. Rates) 2,714,501 2,495,061 2,652,038 156,977

Operating Expense

Employee Costs (1,472,690) (1,354,471) (1,239,105) 115,366 9.31%

Materials and Contracts (1,137,650) (1,053,242) (797,019) 256,223 32.15% �

Utilities Charges (201,066) (177,396) (174,277) 3,119 1.79%

Depreciation (Non-Current Assets) (1,022,789) (937,557) (1,068,921) (131,364) (12.29%) �

Interest Expense (18,683) (18,683) (10,852) 7,831 72.16%

Insurance Expense (119,455) (114,552) (88,049) 26,503 30.10% �

Loss on Asset Disposal 10 (1,267) 0 0 0

Other Expenditure (117,215) (107,304) (97,785) 9,519 9.73%

Total (4,090,815) (3,763,205) (3,476,008) 287,197

Funding Balance Adjustment

Add back Depreciation 1,022,789 937,557 1,068,921 131,364 12.29% �

Adjust (Profit)/Loss on Asset Disposal 10 (7,810) (8,316) (18,993) (10,677) 56.22%

Adjust Provisions and Accruals 0 0 0 0

Adjust Movement Deferred Pensioner Rates 0 0 (7,613) (7,613) 100.0%

Rates Setting Adjustment

Net Operating (Ex. Rates) (361,335) (338,903) 218,345 564,861

Capital Revenues

Grants, Subsidies and Contributions 8 3,303,441 3,018,542 2,574,027 (444,515)

Proceeds from Disposal of Assets 10 58,000 55,000 41,909 (13,091) (31.24%)

Proceeds from New Debentures 0 0 0 0

Proceeds from Sale of Investments 0 0 0 0

Proceeds from Advances 0 0 0 0

Self-Supporting Loan Principal 0 0 0

Transfer from Reserves 9 215,561 25,487 0 (25,487) (100.00%) �

Total 3,577,002 3,099,029 2,615,936 (483,093)

Capital Expenses

Land Held for Resale 0 0 0 0

Land and Buildings 10 (952,506) (914,911) (572,295) 342,616 59.87% �

Plant and Equipment 10 (48,217) (44,198) (65,299) (21,101) (32.31%)

Furniture and Equipment 10 (47,500) (43,538) (47,295) (3,757) (7.94%)

Infrastructure Assets - Roads 10 (2,824,000) (2,645,663) (2,400,963) 244,700 10.19% �

Infrastructure Assets - Other 10 (349,100) (349,100) (35,387) 313,713 886.52% �

Purchase of Investments 0 0 0 0

Repayment of Debentures (35,089) (35,089) (35,089) 0 0.00%

Advances to Community Groups 0 0 0 0

Transfer to Reserves 9 (478,092) (397,885) (449,809) (51,924) (11.54%) �

Total (4,734,504) (4,430,384) (3,606,137) 824,247

Net Capital (1,157,502) (1,331,355) (990,201) 341,154

Total Net Operating + Capital (1,518,837) (1,670,258) (771,856) 906,015

Rate Revenue 1,081,252 1,081,252 1,080,634 (618) (0.06%)

Opening Funding Surplus(Deficit) 443,498 443,498 443,498 0 0.00%

Closing Funding Surplus(Deficit) 3 5,913 (145,508) 752,276 905,397

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold. �

�


STATEMENT OF FINANCIAL ACTIVITY

(Nature or Type)


Please refer to Compilation Report.


Note

Full Year

Budget

YTD

Budget

(a)

YTD

Actual

(b)

Var. $

(b)-(a)

Var. %

(b)-(a)/(b) Var.

Operating Revenues $ $ $ %

Governance 15,594 15,170 23,214 8,044 34.65%

General Purpose Funding 1,756,027 1,610,271 1,749,167 138,896 7.94%

Law, Order and Public Safety 9,267 8,506 8,479 (27) (0.32%)

Health 3,787 3,787 1,585 (2,202) (138.93%)

Education and Welfare 0 0 127 127 100.00%

Housing 18,786 17,221 31,726 14,505 45.72%

Community Amenities 107,235 106,465 108,209 1,744 1.61%

Recreation and Culture 24,617 23,791 114,370 90,579 79.20% �

Transport 455,485 418,145 282,140 (136,005) (48.20%) �

Economic Services 292,707 261,512 248,488 (13,024) (5.24%)

Other Property and Services 30,996 30,193 84,533 54,340 64.28% �

Total (Ex. Rates) 2,714,501 2,495,061 2,652,038 156,977

Operating Expense

Governance (213,212) (197,592) (240,341) (42,749) (17.79%) �

General Purpose Funding (52,187) (47,831) (108,189) (60,358) (55.79%) �

Law, Order and Public Safety (65,372) (60,183) (75,873) (15,690) (20.68%)

Health (35,253) (32,140) (42,330) (10,190) (24.07%)

Education and Welfare (3,226) (3,082) (4,861) (1,779) (36.60%)

Housing (145,389) (133,830) (144,409) (10,579) (7.33%)

Community Amenities (322,073) (296,550) (244,660) 51,890 21.21% �

Recreation and Culture (756,204) (696,177) (742,391) (46,214) (6.23%)

Transport (1,330,634) (1,222,193) (1,050,867) 171,326 16.30% �

Economic Services (583,053) (531,650) (667,520) (135,870) (20.35%) �

Other Property and Services (584,212) (541,977) (154,567) 387,410 250.64% �

Total (4,090,815) (3,763,205) (3,476,008) 287,197

Funding Balance Adjustment

Add back Depreciation 1,022,789 937,557 1,068,921 131,364 12.29% �

Adjust (Profit)/Loss on Asset Disposal 10 (7,810) (8,316) (18,993) (10,677) 56.22% Adjust Provisions and Accruals 0 0 0 0Adjust Movement Deferred Pensioner Rates 0 0 (7,613) 100.0% Rates Setting Adjustment

Net Operating (Ex. Rates) (361,335) (338,903) 218,345 564,861

Capital Revenues

Grants, Subsidies and Contributions 3,303,441 3,018,542 2,574,027 (444,515)Proceeds from Disposal of Assets 10 58,000 55,000 41,909 (13,091) (31.24%)Proceeds from New Debentures 0 0Proceeds from Sale of Investments 0 0Proceeds from Advances 0 0Self-Supporting Loan Principal 0 0Transfer from Reserves 9 215,561 25,487 0 (25,487) (100.00%) �

Total 3,577,002 3,099,029 2,615,936 (483,093)

Capital Expenses

Land Held for Resale 0 0Land and Buildings 10 (952,506) (914,911) (572,295) 342,616 59.87% �

Plant and Equipment 10 (48,217) (44,198) (65,299) (21,101) (32.31%)Furniture and Equipment 10 (47,500) (43,538) (47,295) (3,757) (7.94%)Infrastructure Assets - Roads 10 (2,824,000) (2,645,663) (2,400,963) 244,700 10.19% �

Infrastructure Assets - Other 10 (349,100) (349,100) (35,387) 313,713 886.52% �

Purchase of Investments 0 0 0 0Repayment of Debentures (35,089) (35,089) (35,089) 0 0.00% Advances to Community Groups 0 0 0 0Transfer to Reserves 9 (478,092) (397,885) (449,809) (51,924) (11.54%) �

Total (4,734,504) (4,430,384) (3,606,137) 824,247

Net Capital (1,157,502) (1,331,355) (990,201) 341,154

Total Net Operating + Capital (1,518,837) (1,670,258) (771,856) 906,015

Rate Revenue 1,081,252 1,081,252 1,080,634 (618) (0.06%)Opening Funding Surplus(Deficit) 443,498 443,498 443,498 0 0.00%

Closing Funding Surplus(Deficit) 3 5,913 (145,508) 752,276 905,397

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold. �

�


STATEMENT OF FINANCIAL ACTIVITY

(Statutory Reporting Program)


Please refer to Compilation Report.


1. SIGNIFICANT ACCOUNTING POLICIES

The significant accounting policies which have been adopted in the preparation of this statement of

financial activity are:

(a) Basis of Accounting

This statement is a special purpose financial report, prepared in accordance with applicable Australian

Australian Accounting Standards, other mandatory professional reporting requirements and the Local

Government Act 1995 (as amended) and accompanying regulations (as amended).

(b) The Local Government Reporting Entity

All Funds through which the Council controls resources to carry on its functions have been included in

this statement.

In the process of reporting on the local government as a single unit, all transactions and balances

between those funds (for example, loans and transfers between Funds) have been eliminated.

All monies held in the Trust Fund are excluded from the statement, but a separate statement of those

monies appears at Note 11.

(c) Rounding Off Figures

All figures shown in this statement are rounded to the nearest dollar.

(d) Rates, Grants, Donations and Other Contributions

Rates, grants, donations and other contributions are recognised as revenues when the local government

obtains control over the assets comprising the contributions. Control over assets acquired from rates is

obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

(e) Goods and Services Tax

In accordance with recommended practice, revenues, expenses and assets capitalised are stated net

of any GST recoverable. Receivables and payables are stated inclusive of applicable GST.

(f) Cash and Cash Equivalents

Cash and cash equivalents comprise cash at bank and in hand and short-term deposits that are readily

convertible to known amounts of cash and which are subject to an insignificant risk of changes in value.

For the purposes of the Cash Flow Statement, cash and cash equivalents consist of cash and cash

equivalents as defined above, net of outstanding bank overdrafts. Bank overdrafts are included as

short-term borrowings in current liabilities.

(g) Trade and Other Receivables

Trade receivables, which generally have 30 - 90 day terms, are recognised initially at fair value and

subsequently measured at amortised cost using the effective interest rate method, less any allowance

for uncollectible amounts.

Collectability of trade receivables is reviewed on an ongoing basis. Debts that are known to be uncollectible

are written off when identified. An allowance for doubtful debts is raised when there is objective evidence

that they will not be collectible.


NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY


Please refer to Compilation Report


1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(h) Inventories

General

Inventories are valued at the lower of cost and net realisable value. Net realisable value is the estimated

selling price in the ordinary course of business less the estimated costs of completion and the estimated

costs of necessary to make the sale.

Inventories held from trading are classified as current even if not expected to be realised in the next 12

months.

Land Held for Resale

Land purchased for development and/or resale is valued at the lower of the cost and net realisable value.

Cost includes the cost of acquisition, development and interest incurred on the financing of that land during

its development. Interest and holding charges incurred after development is complete are recognised as

expenses.

Revenue arising from the sale of property is recognised in the operating statement as at the time of

signing a binding contract of sale.

Land held for resale is classified as current except where it is held as non-current based on Council's

intentions to release for sale.

(i) Fixed Assets

All assets are initially recognised at cost. Cost is determined as the fair value of the assets given as

consideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominal

consideration, cost is determined as fair value at the date of acquisition. The cost of non-current assets

constructed by the local government includes the cost of all materials used in the construction, direct

labour on the project and an appropriate proportion of variable and fixed overhead.

Certain asset classes may be revalued on a regular basis such that the carrying values are not materially

different from fair value. Assets carried at fair value are to be revalued with sufficient regularity to ensure

the carrying amount does not differ materially from that determined using fair value at reporting date.

(j) Depreciation of Non-Current Assets

All non-current assets having a limited useful life are systematically depreciated over their useful

lives in a manner which reflects the consumption of the future economic benefits embodied in

those assets.

Depreciation is recognised on a straight-line basis, using rates which are reviewed each reporting

period. Major depreciation rates and periods are:

Buildings 2%

Furniture and Equipment 10-25%

Plant and Equipment 15-25%

Motor Vehicles 25%

Roads - Aggregate 25 years

Roads - Unsealed - Gravel 35 years

Drains and Sewers 75 years

Airfield - Runways 12 years







(k) Trade and Other Payables

Trade and other payables are carried at amortised cost. They represent liabilities for goods and services

provided to the local government prior to the end of the financial year that are unpaid and arise when the

Shire becomes obliged to make future payments in respect of the purchase of these goods and services.

The amounts are unsecured and are usually paid within 30 days of recognition.

(l) Employee Benefits

The provisions for employee benefits relates to amounts expected to be paid for long service leave,

annual leave, wages and salaries and are calculated as follows:

(i) Wages, Salaries, Annual Leave and Long Service Leave (Short-term Benefits)

The provision for employees’ benefits to wages, salaries, annual leave and long service leave expected to

be settled within 12 months represents the amount the Shire has a present obligation to

pay resulting from employees services provided to balance date. The provision has been calculated at

nominal amounts based on remuneration rates the Shire expects to pay and includes related on-costs.

(ii) Annual Leave and Long Service Leave (Long-term Benefits)

The liability for long service leave is recognised in the provision for employee benefits and measured as the

present value of expected future payments to be made in respect of services provided by employees up to

the reporting date using the project unit credit method. Consideration is given to expected future wage

and salary levels, experience of employee departures and periods of service. Expected future payments

are discounted using market yields at the reporting date on national government bonds with terms to

maturity and currency that match as closely as possible, the estimated future cash outflows. Where the

Shire does not have the unconditional right to defer settlement beyond 12 months, the liability is

recognised as a current liability.

(m) Interest-bearing Loans and Borrowings

All loans and borrowings are initially recognised at the fair value of the consideration received less

directly attributable transaction costs.

After initial recognition, interest-bearing loans and borrowings are subsequently measured at amortised

cost using the effective interest method. Fees paid on the establishment of loan facilities that are

yield related are included as part of the carrying amount of the loans and borrowings.

Borrowings are classified as current liabilities unless the Council has an unconditional right to defer

settlement of the liability for at least 12 months after the balance sheet date.

Borrowing Costs

Borrowing costs are recognised as an expense when incurred except where they are directly attributable

to the acquisition, construction or production of a qualifying asset. Where this is the case, they are

capitalised as part of the cost of the particular asset.

(n) Provisions

Provisions are recognised when: The council has a present legal or constructive obligation as a result of

past events; it is more likely than not that an outflow of resources will be required to settle the obligation;

and the amount has been reliably estimated. Provisions are not recognised for future operating losses.

Where there are a number of similar obligations, the likelihood that an outflow will be required in settlement

is determined by considering the class of obligations as a whole. A provision is recognised even if the

likelihood of an outflow with respect to any one of item included in the same class of obligations may be

small.

(o) Current and Non-Current Classification

In the determination of whether an asset or liability is current or non-current, consideration is given to the

time when each asset or liability is expected to be settled. The asset or liability is classified as current

if it is expected to be settled within the next 12 months, being the Council's operational cycle. In the

case of liabilities where Council does not have the unconditional right to defer settlement beyond 12 months,

such as vested long service leave, the liability is classified as current even if not expected to be settled

within the next 12 months. Inventories held for trading are classified as current even if not expected to be

realised in the next 12 months except for land held for resale where it is held as non current based on

Council's intentions to release for sale.







(p) Nature or Type Classifications

Rates

All rates levied under the Local Government Act 1995. Includes general, differential, specific area

rates, minimum rates, interim rates, back rates, ex-gratia rates, less discounts offered. Exclude

administration fees, interest on instalments, interest on arrears, service charges and sewerage rates.

Operating Grants, Subsidies and Contributions

Refer to all amounts received as grants, subsidies and contributions that are not non-operating grants.

Non-Operating Grants, Subsidies and Contributions

Amounts received specifically for the acquisition, construction of new or the upgrading of non-current

assets paid to a local government, irrespective of whether these amounts are received as capital grants,

subsidies, contributions or donations.

Profit on Asset Disposal

Profit on the disposal of assets including gains on the disposal of long term investments.

Losses are disclosed under the expenditure classifications.

Fees and Charges

Revenues (other than service charges) from the use of facilities and charges made for local government

services, sewerage rates, rentals, hire charges, fee for service, photocopying charges, licences, sale

of goods or information, fines, penalties and administration fees.

Service Charges

Service charges imposed under Division 6 of Part 6 of the Local Government Act 1995. Regulation 54

of the Local Government (Financial Management) Regulations 1996 identifies these are television

and radio broadcasting, underground electricity and neighbourhood surveillance services. Exclude

rubbish removal charges. Interest and other items of a similar nature received from bank and investment

accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Interest Earnings

Interest and other items of a similar nature received from bank and investment accounts, interest on rate

instalments, interest on rate arrears and interest on debtors.

Other Revenue / Income

Other revenue, which can not be classified under the above headings, includes dividends, discounts,

rebates etc.

Employee Costs

All costs associated with the employment of persons such as salaries, wages, allowances, benefits such

as vehicle and housing, superannuation, employment expenses, removal expenses, relocation expenses,

worker's compensation insurance, training costs, conferences, safety expenses, medical examinations,

fringe benefit tax, etc.

Materials and Contracts

All expenditures on materials, supplies and contracts not classified under other headings. These include

supply of goods and materials, legal expenses, consultancy, maintenance agreements, communication

expenses, advertising expenses, membership, periodicals, publications, hire expenses, rental, leases,

postage and freight etc.

Utilities (Gas, Electricity, Water, etc.)

Expenditures made to the respective agencies for the provision of power, gas or water. Exclude

expenditures incurred for the reinstatement of roadwork on behalf of these agencies.







(q) Nature or Type Classifications (Continued)

Insurance

All insurance other than worker's compensation and health benefit insurance included as a cost of

employment.

Loss on asset disposal

Loss on the disposal of fixed assets.

Depreciation on non-current assets

Depreciation expense raised on all classes of assets.

Interest expenses

Interest and other costs of finance paid, including costs of finance for loan debentures, overdraft

accommodation and refinancing expenses.

Other expenditure

Statutory fees, taxes, provision for bad debts, member's fees or levies including WA Fire Brigade

Levy and State taxes. Donations and subsidies made to community groups.

(r) Statement of Objectives

In order to discharge its responsibilities to the community, the Council has developed a set of

operational and financial objectives. These objectives have been established both on an overall

basis and for each of its broad activities/programs.

Council operations as disclosed in this statement encompass the following service orientated

activities/programs:

GOVERNANCE

This includes those income and expenses relating to Councillors, and Council's Governance role,

and a portion of Administration which cannot be reliably allocated or linked to other programs.

GENERAL PURPOSE FUNDING

This includes income relating to Rating; the Untied Financial Assistance Grants; and Interest on

Investments. It also includes expenses related to Rating functions.

LAW, ORDER, PUBLIC SAFETY

Includes items of Bushfire prevention actions; Ranger services & Animal control, SES Items;

as well as supervision, related costs & enforcement of Local Laws.

HEALTH

Involved food inspection, control and licensing of food outlets, food hygiene and promotion,

Mosquito Control & other Health issues including Aboriginal Health issues.







(r) STATEMENT OF OBJECTIVE (Continued)

EDUCATION AND WELFARE

The program includes Prizes/Donations applicable to School events; & certain Youth related items.

HOUSING

This mainly involves the Pensioner Units; Staff Housing has been generally allocated to specific programs.

COMMUNITY AMENITIES

This includes Rubbish\Sanitation collection & disposal items; Flood Mitigation works; Town Planning;

Public Toilets & Cemeteries.

RECREATION AND CULTURE

Public Halls & Community Centres; Swimming Pool & Recreation Centre; Parks & Gardens items;

The Recreation\Physical Activities Officer & related expenses; the Rec Centre & Oval; other

Recreation items; Library operations; as well as TV & Radio broadcasting.

TRANSPORT

Maintenance & construction of roads, bridges, drainage, footpaths; cleaning & lighting of streets;

verge & tree maintenance; large plant & machine replacements.

ECONOMIC SERVICES

Tourism operations; Building control matters; Community Development Officer & Caravan Park.

OTHER PROPERTY & SERVICES

Private works; Administration; Public works overheads, Plant operating costs & various other Unclassified

Services. This section also includes Administration costs in gross terms, which have been reallocated

to the other Functions\Programs via an allocation system known as Activity Based Costing 'ABC allocated'.









Note 2 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Operating Expenses

Comments/Notes - Operating Revenues

0

500

1000

1500

2000

2500

3000

3500

4000

4500

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'00

0s)

Month ending

Budget Operating Expenses -v- YTD Actual

Budget 2014-15

Actual 2014-15

0

500

1000

1500

2000

2500

3000

3500

4000


Am

ou

nt

$ (

'00

0s)

Month ending

Budget Operating Revenues -v- Actual

Budget 2013-14

Actual 2014-15






Note 2 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Capital Expenses

Dip in Feb due to budget review being accepted by council.

Comments/Notes - Capital Revenues

0

500

1000

1500

2000

2500

3000

3500

4000


Am

ou

nt

$ (

'00

0s)

Month ending

Budget Capital Revenue -v- Actual

Budget 2014-15

Actual 2014-15

0

500

1000

1500

2000

2500

3000

3500

4000

4500

5000


Am

ou

nt

$ (

'00

0s)

Month ending

Budget Capital Expenses -v- Actual

Budget 2014-15

Actual 2014-15



Note 3: NET CURRENT FUNDING POSTION

Note This Period Last Period

Same Period

Last Year

$ $ $

Current Assets

Cash Unrestricted 4 123,934 40,129 93,609

Cash Restricted 4 2,126,355 2,126,355 1,900,341

Investments 4 450,182 0 0

Receivables - Rates and Rubbish 7 417,996 422,932 448,914

Receivables - Sundry Debtors 7 179,055 75,223 177,425

Deferred Pensioners Rate 7 44,028 44,028 36,109

Provision for Doubtful Debts - Rates (36,124) (36,124) 0

Provision for Doubtful Debts - Sundry Debtors (5,722) (5,722) 0

Inventories 3,036 5,790 10,618

3,302,740 2,672,612 2,667,015

Less: Current Liabilities

Sundry Payables (239,509) (253,564)

Payroll Clearing Liability 411 (89)

GST Liability (2,776) 34,926

PAYG Withholdings (18,312) (19,219)

Payables (260,185) (237,946) (182,141)

Provisions (163,924) (163,924) (134,930)

(424,109) (401,870) (317,072)

Less: Cash Restricted 4 (2,126,355) (2,126,355) (1,900,340)

Net Current Funding Position 752,276 144,387 449,604

Comments - Net Current Funding Position

2014-15




Positive=Surplus (Negative=Deficit)

0

500

1,000

1,500

2,000

2,500


Am

ou

nt

$ (

'0

00

s)

Note 3 - Liquidity Over the Year2012-132013-142014-15



Note 4: CASH AND INVESTMENTS

Interest Unrestricted Restricted Trust Investments Total Institution Maturity

Rate $ $ $ $ Amount $ Date(a) Cash Deposits

Bank Account - Municipal 122,554 122,554 CBA Call

Cash on Hand 1,380 1,380 N/A

35416107 450,182 450,182 CBA Call

651210125468 63,010 63,010 CBA

(b) Term Deposits

36129101 2.90% 2,126,355 2,126,355 CBA 30/06/2015

36980304 2.20% 426,338 426,338 CBA Call

37074510 0 0 CBA

(c) Investments

Total 123,934 2,126,355 489,348 450,182 3,189,818

Comments/Notes - Investments






Note 4A: CASH INVESTMENTS

Comparative rate

Maturity

Date Up to 30 30-60 60-90 90-120 120+

Average

Interest

time of

deposit

Interest

Rate at

time of

Report

Annual

Budget

Year to

Date Actual Var.$ General MunicipalBank Account - Municipal - 122,554 122,554 Cash on Hand - 1,380 1,380

35416107 Call CBA 31 0.00% - 450,182 450,182 0.00%

Subtotal - 574,115 - - - - 574,115 12,000 7,495 4,505

Restricted

36129101 31/12/2014 30/06/2015 CBA 181 2.90% - 2,126,355 2,126,355 2.90%

Subtotal - - - 2,126,355 - - 2,126,355 70,000 51,924 18,076

Trust Fund

10125468 CBA 0.00% - 63,010 63,010 0.00%

36980304 02/03/2015 Call CBA 2.20% - 426,338 426,338 2.20% -

Subtotal - 489,348 - - - - 489,348 - - -

Total Funds Invested - 1,063,463 - 2,126,355 - - 3,189,818 82,000 59,419 22,581

Maturity

Date

CBA

Bank Account - Municipal 0 0.00% 122,554 3.8%

Cash on Hand 0 0.00% 1,380 0.0%

35416107 Call 31 0.00% 450,182 14.1%

36129101 31/12/2014 30/06/2015 181 2.90% 2,126,355 66.7%

10125468 0 0 0 0.00% 63,010 2.0%

36980304 02/03/2015 Call 0 2.20% 426,338 13.4%

Total Funds Invested 3,189,818 100.0%

Total

Budget v Actual

Deposit Ref

Deposit

Date

Term

(Days)

Invested

Interest

rates

Amount

Invested

Percentage

of Portfolio


Monthly Investment Report


Deposit

Ref

Deposit

Date

Institution

Term

(Days)

Invested

Interest rates

Expected

Interest

Amount Invested (Days)

Portfolio Diversity

CBA

-

500,000

1,000,000

1,500,000

2,000,000

2,500,000

Up to 30 30-60 60-90 90-120 120+

Investment Maturity Timing



Note 5: MAJOR VARIANCES

Comments/Reason for Variance

5.1.1 GRANTS SUBSIDIES AND CONTRIBUTIONSPermanent Timing Variance

5.1.3 FEES AND CHARGESVariance due to reduced Aerodrome Revenue

5.1.6 OTHER REVENUETiming Variance

5.2.2 MATERIALS AND CONTRACTSTiming variance

5.2.4 DEPRECIATION (NON-CURRENT ASSETS)Variances due to differences in timing of capital acquisitions

5.2.6 INSURANCE EXPENSEPlant Insurance has been allocated to Materials & Contracts from Plant Review

5.2.9 ADD BACK DEPRECIATIONVariances due to differences in timing of capital acquisitions

5.4.2 LAND AND BUILDINGSTiming variance - See Note 10

5.4.3 PLANT AND EQUIPMENTRefer Note 10 - Proceeds from Disposals have been allocated to the Plant Expense

5.4.4 FURNITURE AND EQUIPMENTTiming variance - See Note 10

5.4.5 INFRASTRUCTURE ASSETS - ROADSTiming variance - See Note 10

5.4.6 INFRASTRUCTURE ASSETS - OTHERTiming variance - See Note 10

5.4.10 TRANSFER TO RESERVESTiming variance

5.4 CAPITAL EXPENSES

Shire of Mount Manget


5.1 OPERATING REVENUES

5.2 OPERATING EXPENSE



Note 6: BUDGET AMENDMENTS

Amendments to original budget since budget adoption. Surplus/(Deficit)

GL

Account

Code Description

Council

Resolution Classification

Non Cash

Adjustment

Increase in

Available

Cash

Decrease in

Available Cash

Amended

Budget

Running

Balance

$ $ $ $

Surplus/(Deficit) on Budget Adoption 14,178

14,178

1221506 Flood Damage - WANDRRA Grant - Water Bores 2014-08-06 220,000 234,178

1221506 Flood Damage - WANDRRA Grant - Flood Damage Works 2014-08-06 1,950,000 2,184,178

1211505 Flood Damage - Water Bores 2014-08-06 (220,000) 1,964,178

1211505 Flood Damage - Flood Damage Works 2014-08-06 (1,950,000) 14,178

1332055 Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 1 2015-02-17 (69,608) (55,430)

1332055 Caravan Park - Replace Amenities 2015-02-17 (72,960) (128,390)

1332055 Caravan Park - Irrigation 2015-02-17 (2,315) (130,705)

Adjustment to Opening Surplus 2015-02-17 Opening Surplus(Deficit) (52,157) (182,862)

LGGC Financial Assistance Grant 2015-02-17 Operating Revenue 8,463 (174,399)

LGGC Local Road Grant 2015-02-17 Operating Revenue 2,132 (172,267)

Fire Prevention Grant 2015-02-17 Operating Revenue (4,376) (176,643)

Upgrade CCTV in Main Street 2015-02-17 Capital Revenue 25,000 (151,643)

Old Hospital Conservation Plan 2015-02-17 Capital Revenue (47,844) (199,487)

MRWA Direct Grant 2015-02-17 Operating Revenue 61,500 (137,987)

Illuminated Wind Indicator 2015-02-17 Capital Revenue (14,500) (152,487)

Non Potable Water supply 2015-02-17 Capital Revenue (1,000) (153,487)

Flood Damage - Water Bores 2015-02-17 Capital Revenue (100,000) (253,487)

Airport Asset Management 2015-02-17 Capital Revenue 3,000 (250,487)

Construct 2 Highway Entry Statements 2015-02-17 Capital Revenue (150,000) (400,487)

Caravan Park Amenities Upgrade 2015-02-17 Capital Revenue (9,000) (409,487)

Shire Office Conservation 2015-02-17 Capital Revenue 30,000 (379,487)

Senior Centre Upgrade 2015-02-17 Capital Revenue 25,000 (354,487)

Other Contributions, Reimbursement and Donations 2015-02-17 Operating Revenue (26,989) (381,476)

Moses Street - Industrial Subdivision - 7 Lots 2015-02-17 Capital Expenses 11,643 (369,833)

Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 1 2015-02-17 Capital Expenses 19,608 (350,225)

Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 2 2015-02-17 Capital Expenses (19,608) (369,833)

Caravan Park - Replace Amenities 2015-02-17 Capital Expenses (7,040) (376,873)

Caravan Park - Replace Treated Pine Barriers 2015-02-17 Capital Expenses 12,000 (364,873)

Shire Office - Water Ingress - Repair External Wall 2015-02-17 Capital Expenses (6,829) (371,702)

Shire Office - Install Additional Archive Storage Container 2015-02-17 Capital Expenses (5,000) (376,702)

Shire Office - Replace External Fence 2015-02-17 Capital Expenses 5,000 (371,702)

Shire Office Lot 162 - Refurbish Bathroom & Kitchen 2015-02-17 Capital Expenses 25,000 (346,702)

Depot - Erect Sheds 2015-02-17 Capital Expenses (15,000) (361,702)

Main Business Area - Install CCTV Cameras 2015-02-17 Capital Expenses 12,288 (349,414)

Race Course - Install Generator 2015-02-17 Capital Expenses 15,783 (333,631)

Plant & Equipment Replacement 2015-02-17 Capital Expenses 73,000 (260,631)

IT System Upgrade 2015-02-17 Capital Expenses (43,500) (304,131)

WANDRRA Flood Damage - Water Bores 2015-02-17 Capital Expenses 40,000 (264,131)

Drain Survey 2015-02-17 Capital Expenses (10,000) (274,131)

Purchase Computers (Tablets) - Elected members 2015-02-17 Capital Expenses 7,000 (267,131)

Construct Entry Statement 2015-02-17 Capital Expenses 150,000 (117,131)

Rate Revenue 2015-02-17 Operating Revenue 1,467 (115,664)

Profit on Asset Disposal 2015-02-17 Operating Revenue (17,384) (133,048)

Fees and Charges 2015-02-17 Operating Revenue (44,129) (177,177)

Interest Earning 2015-02-17 Operating Revenue (33,720) (210,897)

Other Revenue 2015-02-17 Operating Revenue (9,754) (220,651)

Employee Costs 2015-02-17 Operating Expenses 117,914 (102,737)

Material and Contracts 2015-02-17 Operating Expenses 13,611 (89,126)

Insurance Expense 2015-02-17 Operating Expenses 43,059 (46,067)

Other Expenditure 2015-02-17 Operating Expenses (9,197) (55,264)

Transfer from Reserves 2015-02-17 Capital Revenue 24,000 (31,264)

Transfer to Reserves 2015-02-17 Capital Expenses 19,793 (11,471)

Adjust (Profit)/Loss on Asset Disposal 2015-02-17 Operating Revenue 17,384 5,913

Amended Budget Closing Funding Surplus (Deficit) 0 2,920,034 (2,928,299) 5,913




Please refer to Compilation ReportOrdinary Meeting of Council Minutes - 19 June 2015 42 of 101

Note 7: RECEIVABLES

Receivables - Rates and Rubbish Current Previous Total Receivables - General Current 30 Days 60 Days 90+Days

2014-15 2013-14 $ $ $ $

$ $ $ Receivables - General 125,650 48,609 170 4,625

Opening Arrears Previous Years 462,116 307,993 462,116

Recovery Costs 34,774 33,144 34,774 Accrued Income 0

Rates Levied this year 1,080,634 1,144,461 1,080,634 Total Receivables General Outstanding 179,055

Interest outstanding 76,302 55,627 76,302

Excess on rates 311 384 311

Back Rates 13/14 3,206 0 3,206

Instalment Surcharge 52 28 52

Medical Service Fee 272 272 272

Domestic Sanitation 19,588 17,518 19,588

Sanitation Commercial 5,649 2,350 5,649

Sanitation Pensioner Disc 1,082 826 1,082 Amounts shown above include GST (where applicable)

Emergency Levy 13,376 12,333 13,376

Less Collections to date (1,235,337) (1,089,913) (1,235,337)

Equals Current Outstanding 462,025 485,023 462,025

Net Rates Collectable 462,025

% Collected 78.31%

Comments/Notes - Receivables General




0

10

20

30

40

50

60

70

80

90


Am

ou

nt

%

Note 7 - Rates % Collected

2013-14

2014-15

Current

70%

30 Days

27%

60 Days

0%

90+Days

3%

Note 7 - Accounts Receivable

(non-rates)



Program/Details Grant Provider Approval 2014-15 Variations Revised Recoup Status

GL Budget Additions Capital Operating Grant Received Not Received

(Deletions)

(Yes/No) $ $ $ $ $

GENERAL PURPOSE GRANTS

LGGC Financial Assistance Grant Government of WA Yes 1,321,476 8,463 1,329,939 1,329,939 1,329,939 0

LGGC Local Road Grant Government of WA Yes 305,874 2,132 308,006 308,006 308,006 0

LAW, ORDER, PUBLIC SAFETY

Fire Prevention Grant DFES Yes 11,000 (4,376) 6,624 6,624 6,624 0

Upgrade CCTV in Main street WAPOL Yes 25,000 25,000 25,000 0 25,000

EDUCATION & WELFARE

Youth Centre CLGF Yes 216,785 216,785 216,785 216,785 0

RECREATION AND CULTURE

Recreation Precinct/Skate park CLGF Yes 181,100 181,100 181,100 181,100 0

Recreation Precinct/Skate park DSR Yes 100,000 100,000 100,000 0 100,000

Recreation Precinct/Children's Playground Lottery west Yes 53,900 53,900 53,900 0 53,900

Old Hospital Conservation Plan Lottery west Yes 50,000 (47,844) 2,156 2,156 2,156 0

ANZAC Centenary Local Grant 0 8,343 0

Astro Rocks Fest Risk Management Plan Tourism Western Australia 5,000 0

Swimming Pool Dept. Sports & Recreation 0 30,000 0

TRANSPORT

MRWA Direct Grant MRWA Yes 61,500 61,500 61,500 61,500 0

Street Lighting Subsidy Grant MRWA Yes 7,600 7,600 7,600 8,470 0

Roads to Recovery Grant Dept. Infrast & Transport Yes 92,000 92,000 92,000 5,731 86,269

BS Paynesville/Wondinong Road (SLK 4.2 & 18) Realign, Relocate Fence, Replace gritMRWA Yes 201,000 201,000 201,000 147,200 53,800

RRG Paynesville/Wondinong Road MRWA 100,000 100,000 100,000 100,000 0

WANDRRA Flood Damage Contribution Dept. Infrast & Transport 140,000 140,000 140,000 140,000 0

Illuminated Wind Indicator RADS Yes 22,500 (14,500) 8,000 8,000 10,040 0

Non Potable Water Supply RADS 4,000 (1,000) 3,000 3,000 3,048 0

Flood Damage - Water Bores WANDRRA 220,000 (100,000) 120,000 120,000 0 120,000

Flood Damage - Works WANDRRA 1,950,000 1,950,000 1,950,000 1,674,311 275,689

Airport Asset Management RADS 3,000 3,000 3,000 3,000 0

ECONOMIC SERVICES

Construct 2 Highway Entry Statements Dept. of Resources, Energy & Tourism 150,000 (150,000) 0 0 0 0

Energy Grants Credit Scheme 0 4,712 0

Caravan Park Amenities Upgrade Austrade 61,500 (9,000) 52,500 52,500 52,500 0

OTHER PROPERTY & SERVICES

Shire Office Conservation Lottery west Yes 30,000 30,000 30,000 30,000 0

Senior Centre Upgrade Lottery west Yes 25,000 25,000 25,000 8,156 16,844

OTHER CONTRIBUTIONS, REIMBURSEMENTS AND DONATIONS 111,681 (26,989) 84,692 84,692 122,987 (38,295)

5,300,416 (198,614) 3,303,441 1,798,361 5,101,802 4,459,608 693,207




Note 8: GRANTS AND CONTRIBUTIONS



Note 9: Cash Backed Reserve

2014-15

Name

Opening

Balance

Budget

Interest

Earned

Actual

Interest

Earned

Budget

Transfers

In (+)

Actual

Transfers In

(+)

Budget

Transfers Out

(-)

Actual

Transfers

Out (-)

Transfer out

Reference

Budget

Closing

Balance

Actual YTD

Closing Balance

$ $ $ $ $ $ $ $ $

Leave Reserve 34,620 1,169 885 35,789 35,506Airport Reserve 158,065 5,337 4,043 0 0 163,401 162,108Building Reserve 489,512 16,527 12,520 25,487 531,526 502,032Plant Reserve 126,762 4,280 3,242 131,042 130,004Community Bus Reserve 42,312 1,429 1,082 43,740 43,394Road Reserve 155,030 5,234 3,965 160,264 158,995Infrastructure Reserve 666,436 22,500 17,045 688,936 683,481Housing Construction Reserve 3,810 129 97 0 3,939 3,908CLGF Recreation Precinct/Youth Centre 0 13,396 9,043 397,885 397,885 0 411,281 406,928

1,676,546 70,000 51,924 397,885 397,885 25,487 0 0 2,169,918 2,126,355




0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

800,000

Leave Reserve Airport Reserve Building Reserve Plant Reserve Community Bus

Reserve

Road Reserve Infrastructure

Reserve

Housing

Construction

Reserve

CLGF Recreation

Precinct/Youth

Centre

Note 9 - Year To Date Reserve Balance to End of Year Estimate Budget Closing Balance

Actual YTD Closing

Balance



Note 10: CAPITAL DISPOSALS AND ACQUISITIONS

Cost Accum Depr Proceeds

Profit

(Loss)

Annual Budget

Profit/(Loss)

Actual

Profit/(Loss)

Variance

(Under)Over

$ $ $ $ $ $ $

0 0 0 0 Property, Plant & Equipment 25,194 6,000 (19,194)

10,000 0 11,000 1,000 136 Laurie Str 0

0 0 5,000 5,000 Ford Courier 0

36,616 23,700 25,909 12,993 Toyota Prado 0

0 0

0 0

0 0

010,000 23,700 41,909 18,993 Totals 25,194 6,000 (19,194)

Comments - Capital Disposal/Replacements



Actual YTD Profit/(Loss) of Asset Disposal

Disposals

Current Budget

YTD For the Period Ended 31 May 2015







Grants Reserves Borrowing Total Annual Budget Actual

Variance

(Under)Over

$ $ $

Property, Plant & Equipment

0 0 0 0 Land for Resale 0 0 0

0 0 0 0 Land and Buildings 952,506 572,296 (380,210)

0 0 0 0 Plant & Equipment 48,217 65,299 17,082

0 0 0 0 Furniture & Equipment 47,500 47,295 (205)

Infrastructure

0 0 0 0 Roadworks 2,824,000 2,400,964 (423,036)

0 0 0 0 Drainage 0 0 0

0 0 0 0 Bridges 0 0 0

0 0 0 0 Footpath & Cycleways 0 0 0

0 0 0 0 Parks, Gardens & Reserves 311,100 19,278 (291,822)

0 0 0 0 Airports 33,000 8,530 (24,471)

0 0 0 0 Sewerage 0 0 0

0 0 0 0 Other Infrastructure 5,000 7,580 2,580

0 0 0 0 Totals 4,221,323 3,121,241 (1,100,082)

Comments - Capital Acquisitions

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over

$ $ $0 Airport - Replace Illuminated Wind Indicator 27,000 3,976 (23,025)

Airport - Water Supply Renew Tank/Stand 6,000 4,554 (1,446)

0 0 0 0 Capital Totals 33,000 8,530 (24,471)

Contributions Information

Airport Infrastructure

Current Budget



Summary Acquisitions

Current Budget








Variance

(Under)Over

$ $ $RTC - Upgrade Youth Centre 216,785 11,320 (205,465)

0 Lot 225 Watson Street - Construct Two Units 200,000 199,316 (684)

Lot 225 Watson Street - Landscaping/Window Treatments 25,000 24,523 (477)

0 Recreation Precinct Playground 53,900 0 (53,900)

Museum - Install Guttering - Main Shed 6,000 0 (6,000)

Moses Street - Industrial Subdivision - 7 Lots 63,357 63,357 0

0 Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 150,000 41,988 (8,012)

Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 244,608 0 (44,608)

0 Caravan Park - Replace Amenities 80,000 66,724 (13,277)

0 Caravan Park - Irrigation 25,315 24,782 (533)

Caravan Park - Extend Veranda Camp Kitchen 12,000 1,935 (10,065)

Caravan Park - Replace Treated Pine Barriers 0 0 0

Shire Office - Water Ingress - Repair External Walls, Roofing and painting31,829 31,830 1

0 Shire Office - Replace Blinds 5,000 4,771 (229)

0 Shire Office - Replace External Fence 10,000 7,540 (2,460)

0 Shire Office Lot 162 - Refurbish Bathroom & Kitchen 0 0 0

0 Shire Office - Install Additional Archive Storage Container 10,000 3,523 (6,477)

Depot - Erect Sheds 25,000 0 (25,000)

Senior Centre - Toilets, Kitchen & Storage 71,000 67,975 (3,025)

Main Business Area - Install CCTV Cameras 22,712 22,712 0

0 0 0 0 Capital Totals 952,506 572,296 (380,210)


Land and Buildings

Current Budget








Variance

(Under)Over

$ $ $

0 IT System Upgrade 43,500 41,950 (1,550)

0 Replace Office Computers 4,000 5,345 1,345

0 0 0 0 Capital Totals 47,500 47,295 (205)

Grants Reserves Borrowing Total Budget Actual Variance

$ $ $0 Upgrade Irrigation Water Supply 30,000 0 (30,000)

Recreation Precinct & Skatepark 281,100 19,278 (261,822)

0 0 0 0 Capital Totals 311,100 19,278 (291,822)


$ $ $0 Race Course - Install Generator 9,217 9,217 0

0 As per Plant Replacement Program 39,000 56,082 17,082

0 0 0 0 Capital Totals 48,217 65,299 17,082

Contributions InformationPlant & Equipment

Current Budget



Furniture & Equipment

Current Budget


Contributions InformationParks & Gardens

Current Budget








$ $ $WANDRRA Flood Damage Contribution

(Yoweragabbie/Wogarno, Nalbarra and

Wondinong Roads 140,000 147,610 7,610WANDRRA Flood Damage - Water Bores 180,000 178,354 (1,646)WANDRRA Flood Damage - Works 1,950,000 1,628,188 (321,812)

0

RRG Paynesville/Wondinong (SLK 0.015 to

SLK 3.45) Reform 150,000 153,111 3,111

0

BS Paynesville/Wondinong Road (SLK 4.2 &

18) Realign, relocate fence, replace grid 302,000 286,600 (15,400)

0 Urban Roads Reseal 92,000 0 (92,000)

Drain Survey 10,000 7,100 (2,900)

0 0 0 0 Capital Totals 2,824,000 2,400,964 (423,036)


Variance

(Under)Over

$ $ $Museum - Install Security Cameras - Main Shed 5,000 7,580 2,580

0 0 0 0 Capital Totals 5,000 7,580 2,580


Other Infrastructure

Current Budget


Contributions InformationRoads

Current Budget



Note 11: TRUST FUND

Funds held at balance date over which the Shire has no control and which are

not included in this statement are as follows:

Opening

Balance Amount AmountClosing

BalanceDescription 1-Jul-14 Received Paid 31-Jul-14

$ $ $ $History Books 0 0 0 0

Future Directions Committee 390 0 0 390

Mt Magnet Chamber of Commerce 924 0 0 924

Tennis Club 185 0 (185) 0

Safer WA Committee 549 0 0 549

Shire Practice 0 0 0 0

Other Deposits 5,096 1,050 6,146

Mt Magnet Gold Pty Ltd 255,880 713 (256,593) (0)

Midwest Vanadium Pty Ltd 415,612 10,727 0 426,339

Murchison Region Vermin Cell 0 91,300 0 91,300

678,636 103,789 (256,778) 525,648






12.5 Monthly Report - Accounts for Payment to 31 May 2015

File: FI-APAY

Officer: Maureen Murat - Finance Manager

Amended By: Nil



Application Accounts for payment totalling $313,104.65

Represented by-

EFT’s 5660 to 5743 $$302,288.51 Municipal Account

Cheques 13468 to 13468 $10,816.14 Municipal Account

Total $313,104.65

Background

Nil

Comment

Nil

Consultation

Nil


Local Government Act 1995

Policy Implications

Nil


Nil


Nil

Voting Requirements

Simple Majority

COUNCIL RESOLUTION

Moved: Cr Carole Minney Seconded: Cr Jason Homewood

That Council note the payment of accounts for payment totalling $313,104.65

Represented by-

EFT’s 5660 to 5743 $$302,288.51 Municipal Account

Cheques 13468 to 13468 $10,816.14 Municipal Account

Total $313,104.65



List of Accounts submitted to the Ordinary Meeting of Council held on 19 June 2015.

Confirmation in respect of Accounts Authorised for payment by the CEO.

Accounts Authorised For Payment

Voucher No Date Payee’s Name Particulars Amount of

Payment

Other Funds

Trust

EFT5660 30/04/2015 CBA MASTERCARD CBA Master Card - Works

Manager - 26/02/15 - 26/03/15

- CBA -Annual Fee; National

Hotel Sandstone - Meals -

Traffic Management Training -

Works Manager and Leading

Hand; Down to Earth - White

Card Online Application

-147.33

EFT5660 30/04/2015 CBA MASTERCARD CBA Master Card - CEO -

26/02/15 to 26/03/15 -

Bunnings Warehouse - Lot 43 -

Maintenance Materials for

Bathroom Plumbing; Security

ID - ID Card to suit Aviation

Security Requirements - CEO

and Caravan Park Manager;

JK Sales - Lot 43 - Wall

Mounted Bathroom Mirrors;

Murchison Hardware - Lot 43 -

Building Materials to fix

Hollow Wall

-896.28

EFT5661 CANCELLED 0.00

EFT5662 30/04/2015 HORIZON POWER Town Street Lighting -

Electricity Account - March

2015

-4405.86

EFT5663 30/04/2015 TELSTRA Mobile Phone Account - April

2015

-183.24

EFT5664 30/04/2015 WATER CORPORATION Water Use Charges 17/02/15 to

06/03/15

-1.45

EFT5665 01/05/2015 WESTNET PTY LTD Internet Account 01/05/15 to

01/06/15

-454.64

EFT5666 04/05/2015 BUNNINGS BUILDING

SUPPLIES PTY LTD

Cemetery & Hepburn Street -

Plants, Fertiliser & Garden

Tools

-498.01

EFT5667 04/05/2015 EASTLAND MINING &

ELECTRICAL

Caravan Park - Camp Kitchen -

Hot Water System - Supply &

Install New Element

-154.00

EFT5668 04/05/2015 MITCHELL & BROWN Lot 225A - Balance Payment

for Replacement Aircon Unit

-101.00

EFT5669 04/05/2015 A.D. ENGINEERING

INTERNATIONAL PTY LTD

MA 3045 - SAM Speed Alert

Trailer - Test Radar Unit,

Supply Radar Cable

-104.50

EFT5670 04/05/2015 AERODROME

MANAGEMENT SERVICES

PTY LTD

Airport - Landing Data - March

2015

-530.09

EFT5671 04/05/2015 AIT SPECIALISTS PTY LTD Professional Services - Fuel

Tax Credits - March 2015

-56.87

EFT5672 04/05/2015 ALEXANDER

INSTALLATION SERVICE

PTY LIMITED

Lot 618 - Mining & Pastoral

Museum - Supply and Fit Light

Globes; Lot 397 Hepburn

Street - Supply & Replace

Existing Light Fittings;

Caravan Park - Laundry -

Supply & Fit Light; Airport -

Replace Outdoor Control

Board and Replace Service

Switch; Lot 366 Hepburn -

Supply & Install

Airconditioning Unit, Connect

New Building to Main

Switchboard; Anzac Memorial

Garden - Supply & Fit Flood

Lights; Lot 397 Hepburn Street

- Bathroom - Supply and

Replace Fan/Light/ Heater Unit

-7532.80

EFT5673 04/05/2015 AT THE FLOWER POT Anzac Day 2015 - Wreaths;

Council - Flower Arrangement

-1131.00



Payment

Other Funds

Trust

EFT5674 04/05/2015 ATYEO'S ENVIRO HEALTH

SERVICES

EHO/BS Attendance -

13/04/15 to 17/04/15

-5687.01

EFT5675 04/05/2015 AUSTRALIA POST Administration - Postage

March 2015

-16.02

EFT5676 04/05/2015 AUSTRALIA'S GOLDEN

OUTBACK

Area Promotion - 2014/2015

Gold Membership

-295.00

EFT5677 04/05/2015 BATTERIES PLUS

TECHNOLOGIES

Mower - Ride-On Husqvana -

Battery

-66.00

EFT5678 04/05/2015 BEN NORMAN Other Plant - Repair Blower

Vac

-30.00

EFT5679 04/05/2015 BP AUSTRALIA (RELIANCE

PETROLEUM/CENTREL

PTY LTD)

Fuel & Oil Account - March

2015

-768.38

EFT5680 04/05/2015 BRIDGESTONE TYRE

CENTRE GERALDTON

MA 2170 - Grader - Tyre

Major Repair; MA 2 - Toyota

Hilux; Plant Trailer - Second

Hand Tyre

-636.00

EFT5681 04/05/2015 CALTEX SWAGMAN

ROADHOUSE MOUNT

MAGNET

Catering - Rural Road Group -

Murchison Sub Group Meeting

10/03/2015; Murchison

Executive Group Meeting -

30/03/2015; Council Meeting

20/03/2015

-975.00

EFT5682 04/05/2015 CHEMICALS AUSTRALIA

OPERATIONS PTY LTD

Pool - Chlorine Gas Cylinder -

Service Fee - March 2015

-84.57

EFT5683 04/05/2015 CHILD SUPPORT AGENCY Payroll Deductions -777.28

EFT5684 04/05/2015 CLARK EQUIPMENT SALES

PTY LTD

MA 006 - Bobcat - RH

Joystick Base

-1006.02

EFT5685 04/05/2015 COURIER AUSTRALIA Freight - Various -176.25

EFT5686 04/05/2015 DEAN CONTRACTING PTY

LTD

Tender 14/15 - 01

Miscellaneous - Rural Road

Works (Wondinong -

Paynesville Road) - Final

Claim; Rural Road

Maintenance - Plant Hire for

Stockpile Calcrete in Pit

Wondinong/Cue Rd

-117773.74

EFT5687 04/05/2015 DUSTY TRACKS

PHOTOGRAPHY

Visitor Centre - Merchandise -156.00

EFT5688 04/05/2015 GERALDTON MOWER &

REPAIRS SPECIALIST

Other Plant - Whipper Snipper

Heads

-417.00

EFT5689 04/05/2015 GREAT NORTHERN RURAL

SERVICES

Weed Control - Roundup -1003.20

EFT5690 04/05/2015 GRUBSTAKE MEDIA PTY

LTD

Visitor Centre - Merchandise -170.00

EFT5691 04/05/2015 HYDRAMET PTY LTD Pool - Annual Inspection -

Service Chlorinator

-1685.38

EFT5692 04/05/2015 ISOLATED CHILDREN'S

PARENTS ASSOCIATION

Donation - Publication of ICPA

Book - 'People Like Us'

-500.00

EFT5693 04/05/2015 JK PLUMBING GAS &

MAINTENANCE

Gas Bottle Deliveries -420.00

EFT5694 04/05/2015 JOHN SCOUGALL Preparation of Funding

Application - Horizon Power

Community Investment

Program - 2015 Astro Rocks

Fest Solar Art Project

-220.00

EFT5695 04/05/2015 KEY 2 CREATIVE Area Promotion - Printing 3000

Visitors Centre Map/Booklet

-1353.00

EFT5696 04/05/2015 LANDGATE Mining Tenement Schedule -94.90

EFT5697 04/05/2015 MARK SMITH PTY LTD Lot 366 - New Transportable

Building - Supply &

Installation of Septic System

-8102.22

EFT5698 04/05/2015 MCLEODS BARRISTERS &

SOLICITORS

Cemetery - Legal Advice -

Review Shire's Cemetery Local

Law, Draft and Settling Advice

-2633.87

EFT5699 04/05/2015 MOUNT MAGNET MEATS 2015 Clean Up Australia Day -

Sausages

-40.00

EFT5700 04/05/2015 MT MAGNET POST &

LOTTERIES

Stationery -67.48



Payment

Other Funds

Trust

EFT5701 04/05/2015 MT MAGNET WASTE

DISPOSAL

Town Rubbish Collection -

March 2015

-9813.56

EFT5702 04/05/2015 MURCHISON HARDWARE Hardware Account - March

2015

-545.50

EFT5703 04/05/2015 MURCHISON POWER

SERVICES

Lot 343 Laurie, Lot 43

Hepburn, Lot 157 Hepburn &

Lot 460 Jensen Close - Power

Line Tree Lopping Services

-1155.00

EFT5704 04/05/2015 RSM BIRD CAMERON Professional Services -

Accounting - March 2015

-5532.36

EFT5705 04/05/2015 SADLEIRSNEXUS

LOGISTICS

Freight - Various -9179.05

EFT5706 04/05/2015 SNAPPER DISPLAY

SYSTEMS

Events - Display Equipment -711.70

EFT5707 04/05/2015 STAPLES AUSTRALIA PTY

LTD

Printing & Stationery Supplies -1444.51

EFT5708 04/05/2015 STATEWIDE BEARINGS MA 178 - Toro Ride-On

Mower - Parts

-126.50

EFT5709 04/05/2015 TEAKLE & LALOR Caravan Park - Coordination

Management - Investigation of

Septic Installation

-3202.10

EFT5710 04/05/2015 THE LUSCOMBE

SYNDICATE

Consumables, Hygiene &

Cleaning Products

-1128.22

EFT5711 04/05/2015 TOLL IPEC PTY LTD Freight - Various -49.94

EFT5712 04/05/2015 TOTALLY WORKWEAR -

GERALDTON

Staff Uniforms - Caravan

Park, Administration

-537.23

EFT5713 04/05/2015 VIDGUARD SECURITY

SYSTEMS

Security Monitoring Fees -

Shire Propertries - 01/04/2015

to 30/06/15

-522.50

EFT5714 04/05/2015 WA LOCAL GOVERNMENT

ASSOCIATION

Advertisement March 2015 -

Auctioneer Application -

Auction 30 May 2015;

Assessment Fee - Councillor

Roles Online Training Cr

Morris

-710.74

EFT5715 04/05/2015 WESFARMERS

KLEENHEAT GAS PTY LTD

Caravan Park - Bulk LPG &

Decant

-349.05

EFT5716 04/05/2015 WINGZONE PTY LTD IGA Account - March 2015 -349.39

EFT5717 04/05/2015 PIVOTEL SATELLITE PTY

LIMITED

Satellite Phone Accounts -

01/04/15 to 14/05/15

-261.27

EFT5718 04/05/2015 M2 COMMANDER PTY

LIMITED

Network Charges Contract -

April 2015

-137.98

Direct 13/05/2015 PAYROLL PPE 12/05/2015 -31190.59

EFT5719 14/05/2015 CBA MASTERCARD CBA Master Card - Works

Manager - 27/03/15 - 27/04/15

- Tyres & More Geraldton -

Tyres - MA 1491, 1TFG 459;

Blackwood & Son - Public

Works - Work Boots

-400.95

EFT5719 14/05/2015 CBA MASTERCARD CBA Master Card - CEO -

27/03/15 - 27/04/15 - Australia

Post - External & Portable

HDD; Seasons of Perth -

Accommodation 22/03/15 -

27/03/15 Meeting with

Treasury; PC Case Gear -

Hotway External Slim DVD

Burner USB

-832.14

EFT5720 14/05/2015 BROCK TUCKER Bond Refund - Fitness Access

Card #040

-50.00

EFT5721 14/05/2015 TELSTRA Phone Account - May 2015 -2551.98

EFT5722 14/05/2015 HORIZON POWER Town Street Lighting -

Electricity Account - April

2015

-4268.50

EFT5723 14/05/2015 BUNNINGS BUILDING

SUPPLIES PTY LTD

Hepburn Street - Assorted

Plants & Fertiliser

-355.53

EFT5724 14/05/2015 ALEXANDER

INSTALLATION SERVICE

PTY LIMITED

Lot 43 Hepburn - Bathrooms -

Install Mirror Lights;

Loungeroom - Repair Light

-1156.10



Payment

Other Funds

Trust

EFT5725 14/05/2015 BP MECHANICAL

MAINTENANCE

Generator - Race Club - Repair

Fuel Return Leak; Kioti Ride

on Mower - Supply & Install

Pressure Switch & Hour Meter;

MA 2170 - Grader - Locate &

Repair Faulty Airline, Repair

Tyre; 1 TKO 114 - Fit New

Seals, Outer Bearings, New

trailer Plug, Swap Tyre,

Rectify LH Side Lights; MA 2

- 100,000Km Service; Check

and Repack Wheel Bearings -

1TJE 791, TJE 790, MA 3089,

1TFG 459; MA 014 10.000Km

Service; 0 MA - Hook Up &

Install Spotlights; MA 1491 -

Wheel Bearings Job, Fit New

Bearings & Seals, Check

Electrics; 6RH 640 - Wheel

Bearings Job, Fit Seals & New

Trailer Plug, Mend Broken

Electrics

-3842.74

EFT5726 14/05/2015 CALTEX SWAGMAN

ROADHOUSE MOUNT

MAGNET

Catering - Ordinary Meeting of

Council - 17/04/2015

-225.00

EFT5727 14/05/2015 CHEMICALS AUSTRALIA

OPERATIONS PTY LTD

Pool - Chlorine Cylinder

Service Fee - April 2015

-70.93

EFT5728 14/05/2015 CHILD SUPPORT AGENCY Payroll Deductions -388.64

EFT5729 14/05/2015 FOURIER TECHNOLOGIES

PTY LTD

Computer Services - Managed

IT Support Services - 17 March

2015 - 31March 2015, April

2015, May 2015

-5191.29

EFT5730 14/05/2015 GERALDTON MURCHISON

FREIGHT

Freight -308.00

EFT5731 14/05/2015 GRAHAM CROASDALE Depot - Reclad Ablution

Block; Lot 162 Hepburn Street

- Removal of Asbestos Fence

-630.00

EFT5732 14/05/2015 LANDGATE Mining Tenement Schedule -182.50

EFT5733 14/05/2015 MT MAGNET WASTE

DISPOSAL

Town Rubbish Collection -

April 2015

-9020.00

EFT5734 14/05/2015 MTF MINE MAINTENANCE

PTY LTD

Anzac Memorial Gardens -

Fabricate & Install Rising Sun

Military Force Plaque &

Frame; Modify Gates

-2893.00

EFT5735 14/05/2015 MURCHISON HARDWARE Hardware Account - April

2015

-780.75

EFT5736 14/05/2015 MURCHISON POWER

SERVICES

Cemetery - Excavate Grave -495.00

EFT5737 14/05/2015 RSM BIRD CAMERON Professional Services -

Accounting - April 2015

-5532.36

EFT5738 14/05/2015 SHIRE OF CUE Audit Expenses - 2011-

12CLGF Group Housing

Project

-512.78

EFT5739 14/05/2015 STAPLES AUSTRALIA PTY

LTD

Photocopying Charges

20/03/15 to 20/04/15

-958.71

EFT5740 14/05/2015 STATEWIDE BEARINGS 1TKO114, 6RH 640 & MA

1491 - Trailers - Assorted Seals

-97.90

EFT5741 14/05/2015 STATEWIDE STEEL/BIBBY

FINANCIAL SERVICES

AUSTRLIAPTY LTD

Depot - Ablution Block -

Custom Orb Sheeting

-149.50

EFT5742 14/05/2015 VIDGUARD SECURITY

SYSTEMS

Security Monitoring Fees -445.50

EFT5743 14/05/2015 WINGZONE PTY LTD IGA Account - April 2015 -384.61

13468 11/05/2015 WATER CORPORATION Water Use & Service Charges

17/02/15 to 22/04/15

-10816.14

Direct 27/05/2015 PAYROLL PPE 26/05/2015 -32315.52

Municipal Fund -$313,104.65 0.00

Trust Fund Accounts 0.00 -$50.00

Loan Capital Accounts 0.00 0.00

Trading Fund Accounts 0.00 0.00

Other Fund Accounts 0.00 0.00

TOTAL -$313,104.65 -$50.00


12.6 Local Government Convention – Attendance by Cr Joe O’Brien

Officer: Chief Executive Officer

Amended By: Nil



Matter for Consideration

To approve attendance by Cr Joe O’Brien at the 2015 Local Government Convention

being held at the Perth Convention and Exhibition Centre from Wednesday 5th

to Friday

7th

August.

Background

Subsequent to the last Council meeting, Cr O’Brien has requested to attend the 2015

local government convention.

Comment

In consultation with the Shire President, I have booked accommodation at Citadines St

Georges Tce, which is two doors away from the Parmelia but comes at a very

favourable room rate.

The rooms are 30m2, and the hotel was a finalist in the “deluxe accommodation”

category of the 2014 WA Tourism Awards.

The savings provide an avenue to fund attendance of further attendees, in accordance

with Council policy.

Consultation

Shire President, Cr Ashley Dowden.


Nil.

Risk Analysis

The recommendation is considered to be risk-free.

Policy Implications

Policy no 1.7 - Councillor Attendance at Council-related Events Outside the Mount

Magnet District, provides (in part) as follows:

5. In respect of the annual Western Australian Local Government Week

Convention, the attendees shall be the Shire President, Deputy Shire

President, CEO and up to 2 other Councillors.

6. In the event that more than two other Councillors wish to attend, attendance

will be determined on a rotational basis so that a Councillor who attended

the preceding year’s Convention will give way to a Councillor who did not

attend the previous year’s Convention.

11. As a matter of equity, every Councillor shall be entitled to attend at

least one external conference or networking event each year, at the

Council’s expense.

12. Nothing in this policy is to be interpreted as preventing a Councillor from

attending an event held in Mount Magnet, or an event for which they will be


in the vicinity and are able to attend without cost to the Council, or an event

in relation to which they are prepared to pay their own expenses, unless

protocol prevents their attendance at such an event (e.g. protocol prevents

Councillors from attending meetings of the Murchison Executive Group

(MEG), even if the meeting is held in Mount Magnet).

13. Nothing in this policy is to be interpreted as preventing the Council from

authorising by resolution other event attendances, if it so chooses.


Subparagraph 11 (highlighted above) of Policy no. 1.7 implies that we need to budget

adequately for each Councillor to attend at least one external conference or networking

event each year.

From that point of view, for a particular Councillor to choose the local government

convention as their annual networking event has a marginal additional cost dependent

on the cost of the alternative events.


Nil.

Voting Requirements

Simple Majority

COUNCIL RESOLUTION

Moved: Cr Jorgen Jensen Seconded: Cr Jason Homewood

That, pursuant to subparagraph 11 of Policy no 1.7, attendance of Cr Joe O’Brien at

the 2015 Local Government Convention be approved.


Cr Eliz Morris wished to be noted as voting against the motion.


12.7 Proposed Lease to Energy Generation Pty Ltd


Amended By: Nil




At its May meeting, the Council gave in-principle support to a disposal by way of short-

term lease of part of its Depot in Richardson Street, subject to meeting the requirements

of section 3.58 of the Local Government Act 1995.

The matter for today’s meeting is:

to consider the market valuation obtained in compliance with subclause 3.58 (4)

(c) of the Act

to consider any submissions received, in compliance with subclause 3.58 (3) of

the Act.

to determine whether to proceed with the lease.

Background

The proposed lease has the benefit of providing the shire with the wherewithal to fund

by way of rent payments (at favourable rates) the better fencing of the depot.

A valuation has been obtained, and a public notice was published inviting public

submissions closing on 12 June 2015.

Only one submission was received – it is reprinted hereunder (in its entirety):

Shire of Mount Magnet P.O. Box 62 MOUNT MAGNET WA 6638 ATTENTION: C.E.O., COUNCILLORS AND RATE PAYERS SHIRE OF MOUNT MAGNET. RE: PROPOSED DISPOSAL OF LAND BY LEASE ON RESERVE 42927, LOT 543 LOCATED IN RICHARDSON STREET, MOUNT MAGNET. To Whom It May Concern, I John Desmond as the owner/manager of established business Goldview Pty Ltd, location 586 Richardson Street Mount Magnet, wish to lodge my objection to the above listed proposal on the following grounds: 1 My understanding of local government or local council is that they are not to compete with or against locally established


businesses and rate payers in the matter of private enterprise but to support already established local entities in the provision of their services. 2 This proposal as stated has resulted in direct competition against a local rate paying business and with my understanding of local governance there is a conflict of interest. 3 This proposed Lease could be seen to jeopardise the sale of land in the new Mount Magnet Industrial Park and ultimately the Shires capacity for long term financial growth by encouraging short term lease of Shire land and thus short term income versus long term rate income through the sale of blocks in the Industrial Park. 4 How is this proposal in the interest of local government “Best Practise” and the long term sustainability of established land holders in the Shire of Mount Magnet? I wish for it to be dually noted that if there were no other options available to short term businesses to our town that is, established local business’ already have land available for lease and you the Shire of Mount Magnet with land for sale, then I would be supportive of this proposal. Yours in business, John Desmond Goldview Pty Ltd P.O. Box 419 MOUNT MAGNET WA 6638 [email protected] Phone: 0419952423

Comment

The submission above should be received and noted. The view is doubtlessly

passionately held but cannot be allowed to prevail because it is not based on the

amenity of the neighbourhood nor alternative community uses of the land but upon

objections to trade competition.

Local governments are bound by National Competition Policy, which is aimed at

increasing (rather than decreasing) competition.

And the market valuation demonstrates that the lease rent is three times what the valuer

believes is a fair market rent, so the Shire cannot be accused of predatory pricing.

A draft lease is attached it awaits only the sketch of the lease area (to be produced by

our surveyor).


mailto:[email protected]

Consultation

Russell Coutts. Licensed Valuer.

Anthony Quahe, Karyn Thomson - Civic Legal


Nil

Risk Analysis

Nil.

Policy Implications

Nil


The Shire will be responsible for fencing. The Works Manager’s preliminary estimate

for this is approximately $15,000.

To eliminate the risk of the fence being built “off boundary”, it would be prudent to

have the cadastral boundaries surveyed. For this we have obtained a quote of $2,230.

So our total costs are estimated at $17,230.

Revenue from a 12 month lease will be $1,500 x 12 = $18,000.

So (depending on the accuracy of the expenditure estimate), we will approximately

break even if the lessee terminates the lease after 12 months (but we will have a much

bigger fenced area at the depot).

If the lessee exercises one renewal option, the 2nd

year will be profit. Assuming a 2%

increase in CPI, revenue will be $18,000 x 1.02 = $18,360.

If the lessee exercises the second renewal option, the third year’s revenue will be

$18,360 x 1.02 = $18,727 for a total net revenue before depreciation over the 3 year

period of $37,087.

Of course, there will also be some increased depreciation costs to be deducted, and

possibly increased maintenance costs (which have not been quantified). Even if the

fence was fully depreciated over 5 years, the increased depreciation expense would still

only be $3,600 pa. In fact, we appear to be depreciating existing fences at various rates

between 10% and 6.67% (where fences are separately componentised). This would

result in an annual depreciation cost of approximately $1,800 per annum (at 10%) or

$1,200 per annum (at 6.67%).


Nil.

Voting Requirements

Simple Majority


COUNCIL RESOLUTION

Moved: Cr Eliz Morris Seconded: Cr Jorgen Jensen

That:

1. The submission from Mr John Desmond be received and noted; but that it be

rejected as being opposed to the principals of National Competition Policy which

are binding on local governments.

2. The proposed lease of part of 85 Richardson Street to Energy Generation Pty Ltd

at a monthly rent of $1,500 per month be approved as presented.

3. The Shire President and CEO be authorised to execute the Lease Agreement under

Seal.


Cr Joe O'Brien wished to be noted as voting against the motion.

Cr Jason Homewood wished to be noted as voting against the motion.


Rpt - Proposed Lease to Energy Generation Pty Ltd 2015.06.19 (approved)

[DRAFT LEASE FOR DISCUSSION PURPOSES]

Lease of part 85 Richardson Street, Mount

Magnet (Reserve 42927, Lot 543, “Depot Site”)

Shire of Mount Magnet (ABN 14 556 214 295)

Energy Generation Pty Ltd (ABN 82 009 017 458)



Table of contents

Parties ............................................................................................................................................ 3

Background ................................................................................................................................... 3

Operative provisions .................................................................................................................... 3

1 Definitions and interpretation ........................................................................................... 3

2 Conditions Precedent ........................................................................................................ 7

3 Grant of Lease ..................................................................................................................... 7

4 Quiet enjoyment .................................................................................................................. 7

5 Rent ...................................................................................................................................... 8

6 Rent Review ........................................................................................................................ 8

7 Tenant’s Covenants............................................................................................................ 8

8 Use of the Leased Premises ............................................................................................ 11

9 Outgoings, utilities and services .................................................................................... 11

10 Comply with Laws ............................................................................................................ 11

11 Risk .................................................................................................................................... 11

12 Public Risk Insurance ...................................................................................................... 11

13 Limit of Shire's liability .................................................................................................... 12

14 Indemnity and release ...................................................................................................... 12

15 Alterations by the Tenant ................................................................................................ 13

16 Assignment ....................................................................................................................... 13

17 Deposit and Costs ............................................................................................................ 14

18 GST ..................................................................................................................................... 15

19 Shire’s covenants ............................................................................................................. 15

20 Events of Default .............................................................................................................. 16

21 Shire’s powers on default ................................................................................................ 16

22 Essential terms ................................................................................................................. 17

23 Termination ....................................................................................................................... 18

24 Disputes ............................................................................................................................. 18

25 Option to renew for Further Term ................................................................................... 19

26 Damage to or destruction of Leased Premises ............................................................. 19

27 Resumption of Leased Premises .................................................................................... 20

28 Environmental Matters ..................................................................................................... 20

29 Holding Over ..................................................................................................................... 22

30 Notices ............................................................................................................................... 22



31 Caveats protecting Lease ................................................................................................ 23

32 Discretion of the Shire in its capacity as a Relevant Authority ................................... 23

33 Miscellaneous ................................................................................................................... 23

Execution and date ..................................................................................................................... 25

Schedule 1 - Items ...................................................................................................................... 26

Schedule 2 – Consent of the Minister of Lands ...................................................................... 27

Schedule 3 – Plan of Leased Premises .................................................................................... 28



Parties

Shire of Mount Magnet of Lot 63 Hepburn Street, Mount Magnet, Western Australia (Shire) Energy Generation Pty Ltd (ACN 009 017 458) of Building 17, 2404 Logan Road, Eight Mile Plains, Queensland (Tenant)

Background

A The Shire is the primary interest holder of the Land being reserve 42927 which was set

apart for the designated purposes of “Depot Site”.

B The Tenant wishes to lease the Leased Premises from the Shire to store power

stations.

C Subject to the satisfaction of certain condition precedents, the Shire has agreed to

grant to the Tenant a lease of the Leased Premises subject to the terms and conditions

contained in this Lease.

Operative provisions

1 Definitions and interpretation

Definitions

1.1 In this Lease the following definitions apply:

Authorised Persons means:

(a) an agent, employee, licensee, contractor or invitee of the Tenant;

(b) any person visiting the Leased Premises with the express or implied consent

of any person referred to in paragraph (a) of this definition;

(c) any person claiming under or through the Tenant.

Authorised Use is defined in Item 9 of Schedule 1.

Commencement Date is defined in Item 6 of Schedule 1.

Contamination means the affectation of land (including any surface water, ground

water or other waters and airspace) by any matter or substance, including but not

limited to a solid, liquid, gas, odour, heat, sound, vibration or radiation which:

(a) makes or may make such land or the surrounding Environment:

(i) unsafe or unfit for habitation or occupation by persons or animals;

(ii) environmentally degraded; or

(iii) not comply with any Environmental Law; or

(b) otherwise gives rise to a risk or possible risk of harm to human health or the

Environment.

Contamination Event means any incident originating on the Leased Premises

involving:



(a) any Contamination or likely Contamination of the Leased Premises, or the

Environment in the vicinity of the Leased Premises; or

(b) the unlawful disposal of Waste in a manner which harms or is likely to harm

the Environment.

Council means the council of the Shire.

Default Interest Rate means 10% per annum above the above the Reserve Bank of

Australia target cash rate from time to time.

Deposit is defined in Item 13 of Schedule 1.

End Date is defined in Item 8 of Schedule 1.

Encumbrance means a mortgage, charge, bill of sale, lien, pledge, easement,

restrictive covenant, writ, warrant or caveat and the claim stated in that caveat affecting

the Land or the Leased Premises.

Environment means all components of the earth, including:

(a) land, air and water;

(b) any layer of the atmosphere;

(c) any organic or inorganic matter and any living organism including humans;

(d) human made or modified structures and areas;

(e) the aesthetic characteristics of the components of the earth, including

appearance, sound, odour, taste and texture; and

(f) ecosystems with any combinations of the above.

Environmental Law means any law, whether statute or common law (including the

laws of negligence and nuisance), concerning the Environment and includes laws

concerning:

(a) the carrying out of uses, works or development or the subdivision of land;

(b) emissions of substances into the atmosphere, waters and land;

(c) pollution and contamination of the atmosphere, waters and land;

(d) production, use, handling, storage, transportation and disposal of:

(i) Waste;

(ii) Hazardous Materials; and

(iii) dangerous goods

(e) conservation, heritage and natural resources;

(f) threatened and endangered and other flora and fauna species;

(g) the erection and use of structures; and

(h) the health and safety of people,

(i) whether made or in force before or after the date of this Lease.

Environmental Notice means any direction, order demand or other requirement to

take any action or refrain from taking any action in respect of the Leased Premises or

its use from any Relevant Authority in connection with any Environmental Law.



Event of Default means any of the events or occurrences set out in clause 20.1 of this

Lease.

Hazardous Material means material which, because it is toxic, corrosive, flammable,

explosive or infectious or possesses some other dangerous characteristics, is

potentially dangerous to the Environment when stored or handled or when any part of

the Environment is exposed to it.

Final Expiry Date is defined in Item 12 of Schedule 1.

Further Term is defined in Item 11 of Schedule 1.

GST means goods and services tax or similar value added tax levied or imposed in

Australia pursuant to the GST Law or otherwise on a supply.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

GST Law has the same meanings as in the GST Act.

Land is defined in Item 1 of Schedule 1.

Law means all statutes, rules, regulations, proclamations, ordinances, local laws, or

by-laws present or future and includes applicable Australian Standards and Codes of

Practice as varied from time to time.

Lease means this deed and the Schedules and, where applicable, any appendices, plans or other attachments to this deed as amended from time to time. Leased Premises is defined in Item 2 of Schedule 1. Minister means Minister for Lands. Occupiers mean any person (other than the Tenant) with a right to use any part of the Land from time to time. Party or Parties means respectively a party or parties to this Lease.

Relevant Authority means any government, statutory, public or other authority or

body having jurisdiction over the Land or any matter or thing relating to the Land.

Remediation includes the investigation, cleanup, removal, abatement, disposal,

control, containment, encapsulation or other treatment of Contamination and includes

the monitoring and risk management of any Contamination, and “Remediated” and

“Remediate” has a corresponding meaning.

Remediation Notice means a statement of the works necessary to remediate any

Contamination at the Leased Premises or the surrounding Environment to an

appropriate standard.

Renewal Date is defined in Item 10 of Schedule 1.

Requirements mean any requirements, notices, orders or directions of any Relevant

Authority.

Rent is defined in Item 3 of Schedule 1.

Rent Payment Date is defined in Item 4 of Schedule 1.

Review Dates is defined in Item 5 of Schedule 1.

Shire’s Rights means the rights of the Shire as landlord under this Lease or implied by

Law, including the benefit of the Tenant’s Obligations.

Tenant’s Environmental Covenants means the Tenant’s obligations under clause 28,

together and each of them separately.



Tenant’s Obligations means each covenant, obligation and duty contained or implied

in this Lease or required by law to be performed by the Tenant.

Tenant’s Rights means the Tenant’s rights under this Lease or implied by Law.

Term is defined in Item 7 of Schedule 1.

Unfit for Occupation means that the Leased Premises or any part of the Leased

Premises are so destroyed or damaged as to:

(a) render the Leased Premises substantially unfit for occupation and use; or

(b) interfere substantially with the Tenant's Rights.

Waste means any discarded, rejected, unwanted, surplus or abandoned substance

whether or not:

(a) it is intentionally discarded;

(b) it has a value or use; or

(c) it is intended for sale, recycling, reprocessing, recovery or purification.

Interpretation

1.2 In the interpretation of this Lease, the following provisions apply unless the context

otherwise requires:

1.2.1 Headings are inserted for convenience only and do not affect the

interpretation of this Lease.

1.2.2 A reference in this Lease to a business day means a day other than a

Saturday, Sunday or public holiday in Perth, Western Australia.

1.2.3 If the day on which any act, matter or thing is to be done under this Lease is

not a business day, the act, matter or thing must be done on the next

business day.

1.2.4 A reference in this Lease to dollars or $ means Australian dollars and all

amounts payable under this Lease are payable in Australian dollars.

1.2.5 A reference in this Lease to any law, legislation or legislative provision

includes any statutory modification, amendment or re-enactment, and any

subordinate legislation or regulations issued under that legislation or

legislative provision.

1.2.6 A reference in this Lease to any agreement or document is to that agreement

or document as amended, novated, supplemented or replaced.

1.2.7 A reference to a clause, part, schedule or attachment is a reference to a

clause, part, schedule or attachment of or to this Lease.

1.2.8 An expression importing a natural person includes any company, trust,

partnership, joint venture, association, body corporate or governmental

agency.

1.2.9 Where a word or phrase is given a defined meaning, another part of speech

or other grammatical form in respect of that word or phrase has a

corresponding meaning.



1.2.10 A word which denotes the singular also denotes the plural, a word which

denotes the plural also denotes the singular, and a reference to any gender

also denotes the other genders.

1.2.11 A reference to the word 'include' or 'including' is to be construed without

limitation.

1.2.12 Any schedules and attachments form part of this Lease.

2 Conditions Precedent

Local Government Condition

2.1 This Lease is subject to and expressly conditional on the Shire complying with the

procedures set out in section 3.58 of the Local Government Act 1995 (WA) relating to

disposal of property.

Land Administration Act

2.2 This Lease is subject to the expressly conditional on the Minister granting his consent

to this Lease pursuant to section 18 of the Land Administration Act 1997 (WA).

3 Grant of Lease

Lease of Leased Premises

3.1 Subject to the satisfaction of the condition precedents in clause 2.1 and clause 2.2.

and in consideration of the Tenant agreeing to duly pay the Rent, Deposit and other

money payable under this Lease and to duly observe and perform the Tenant's

Obligations, the Shire, subject to the Minister’s consent (where relevant), leases the

Leased Premises and grants the Tenant's Rights to the Tenant for the Term

commencing on the Commencement Date subject to the reservation of the Shire's

Rights under this Lease.

Tenant responsible as if owner

3.2 The Tenant is subject to the same responsibilities relating to persons and property

during the Term as if the Tenant were the owner of the Leased Premises.

Lease of Leased Premises only

3.3 This Lease shall relate only to the Leased Premises and the Shire shall at all times be

entitled to use, occupy and deal with the remainder of the Land without reference to the

Tenant.

4 Quiet enjoyment

4.1 If the Tenant pays the Rent and observes and performs the Tenant’s Obligations, the

Tenant shall quietly hold and enjoy the Leased Premises throughout the Term without

any interruption by the Shire or any person claiming under the Shire, except to the

extent that interruption, disturbance or interference arises because of the exercise of

the Shire’s Rights or is otherwise permitted by any provision of this Lease.



5 Rent

5.1 The Tenant must pay the annual Rent to the Shire by equal monthly payments in

advance on the Rent Payment Dates.

5.2 The first monthly payment (together with the Rent calculated on a daily basis for any

period from the Commencement Date of the Term to the first Rent Payment Date) shall

be payable on the first Rent Payment Date.

5.3 All Rent payments shall be paid without any deductions or set-off by direct payment to

the Shire or as the Shire may direct.

6 Rent Review

6.1 On a Review Date the Rent shall be reviewed in accordance with the provisions of

clause 6.2.

Rent Review

6.2 Subject to the provisions of this clause, the Rent to be paid from the relevant Review

Date shall be an amount determined by the following formula:

A = PR x L E where: A means the CPI Adjusted Rent; L means the Current CPI Number; E means the Previous CPI Number; PR means the Rent payable immediately before the relevant

Review Date. Notice of new Rent payable

6.3 Upon determination of the new Rent payable the Shire must give written notice to the

Tenant of the new Rent payable from the relevant Review Date.

6.4 The Tenant must pay the new Rent from the relevant Review Date and shall

immediately arrange for any shortfall in the Rent to be paid to the Shire.

No reduction of Rent

6.5 Notwithstanding any other provision of this Lease, on a Review Date the Rent is not to

be reduced below that rent payable immediately prior to the relevant Review Date.

7 Tenant’s Covenants

Improvements and Additions

7.1 The Tenant must not erect, construct, build, install or bring any buildings or structures

of a permanent nature on the Leased Premises or make any other alterations,

additions or improvements on the Leased Premises except in accordance with clause

15 of this Lease.

General Maintenance



7.2 The Tenant must:

7.2.1 maintain the Leased Premises in a good condition and state of repair, except

in respect of:

(i) fair wear and tear; and

(ii) damage which is or will be reinstated from the proceeds of

insurance;

7.2.2 promptly repair any damage to the Leased Premises for which the Tenant is

responsible to the satisfaction of the Shire;

7.2.3 keep the Leased Premises clean and free from rubbish; and

7.2.4 not do or omit to do anything which might cause the Leased Premises to

deteriorate or become impaired except for fair wear and tear, to be

obstructed, or to be in a condition other than a good and sanitary condition.

Damage or loss

7.3 The Tenant must make good any damage or loss to the Land caused by improper

careless or abnormal use by the Tenant or Authorised Persons, to the Shire’s

reasonable requirements.

Care of grounds

7.4 The Tenant must keep all roads, driveways and access ways (if any) on the Land free

of rubbish and debris and ensure that they are not obstructed.

7.5 The Tenant must where included within the Leased Premises:

7.5.1 keep and maintain all roads, driveways, access ways and fences (if any) on

the Leased Premises in good order and repair; and

7.5.2 keep any grounds, yards and surfaced areas in a tidy condition and maintain

any garden and lawn areas is a tidy and cared for condition.

Report to the Shire

7.6 The Tenant shall report promptly to the Shire in writing any circumstances likely to be a

danger or cause any damage or danger to the Leased Premises and the Tenant’s

fixtures or any person in or on the Leased Premises and the Tenant’s fixtures of which

the Tenant is aware.

Nuisance

7.7 The Tenant must take all reasonable precautions against the outbreak of fire on the

Leased Premises.

7.8 The Tenant shall not do or permit anything to be done on or in relation to the Land,

which may be or may become a danger or a nuisance to the Shire or other persons

authorised by the Shire to enter or use the Land or to the owner or occupier of any

adjoining or nearby land.

Unlawful Activities

7.9 The Tenant must not do or carry on in the Leased Premises any activity which might be

harmful, offensive or illegal, or cause a nuisance, damage or disturbance to the Shire

or the Occupiers or the owners or occupiers of any nearby properties.

Rubbish



7.10 The Tenant must not:

7.10.1 place any rubbish on or in any part or the Leased Premises except in a

suitable receptacle; or

7.10.2 burn any rubbish in or on the Leased Premises.

Goods and Chemicals


7.11.1 except for reasonable quantities for normal applications in connection with

the Authorised Use of the Leased Premises, bring onto, store or use any

chemical or inflammable substance in or on the Leased Premises; and

7.11.2 store goods on or in the Leased Premises other than those necessary for the

Authorised Use.

7.12 On request, the Tenant must supply the Shire with material safety data sheets for any

chemicals or inflammable substance which the Tenant is permitted to bring onto, store

or use in or on the Leased Premises under clause 7.11.1 of this Lease.

Signs, advertisements or notices

7.13 The Tenant must not display from or affix to the Leased Premises any signs,

advertisements or notices visible from outside the Leased Premises without the prior

consent of the Shire which the Shire may not unreasonably withhold in the case of a

notice:

7.13.1 stating the Tenant’s name; and

7.13.2 affixed in a place immediately adjacent to the Leased Premises.

7.14 If approved, the signage, advertisement or notice must be secured in a substantial and

proper manner so as not to cause any damage to any person and the Tenant must at

the end or earlier termination of the Term remove the signage, advertisement or notice

and make good any damage.

Inspection by the Shire

7.15 The Tenant must permit the Shire to inspect the Leased Premises at all reasonable

times.

Security of Leased Premises

7.16 The Tenant must securely lock all doors, gates or other openings in, to or on the

Leased Premises when the Leased Premises are unoccupied.

Keys to Leased Premises

7.17 The Tenant acknowledges that a maximum of 3 keys will be provided to the Tenant to

obtain access to the Leased Premises. The Tenant must not reproduce any additional

key without the Shire’s written approval.

7.18 The Tenant must pay to the Shire on demand a bond of $100 for each access key

provided by the Shire.

7.19 If the keys are lost, stolen or damaged, the Tenant must pay the cost of replacement of

keys and locks to the Leased Area and if the locks are changed, the Tenant must

provide a copy of the new key to the Shire.



7.20 The Tenant must return to the Shire all keys to the Leased Premises at the end or

earlier termination of this Lease.

8 Use of the Leased Premises

Purpose


8.1.1 use any part of the Leased Premises for any purpose other than the

Authorised Use or for any purpose which the Leased Premises was not

designed or designated; and

8.1.2 use any utilities or services, the Tenant’s fixtures or the Shire’s fixtures for a

purpose for which they were not designed or designated.

No warranty as to use

8.2 The Shire gives no warranty that the Leased Premises are now suitable or will remain

suitable or adequate for use by the Tenant or that any use of the Leased Premises by

the Tenant will comply with all Laws or other requirements of any Relevant Authority.

Licenses and Limitations

8.3 The Tenant accepts the Leased Premises for the Term with full knowledge of and

subject to any existing Encumbrance, prohibition, condition or restriction on the use of

the Leased Premises.

8.4 If the carrying on of the Authorised Use at the Leased Premises is permissible only

with the consent, licence or authority under any Law, the Tenant shall obtain and

maintain the currency of that consent, licence or authority and comply with that Law.

9 Outgoings, utilities and services

9.1 The Tenant has no responsibility for the payment of any outgoings, utilities or services

(if any) relating to the Leased Premises.

10 Comply with Laws

10.1 The Tenant must promptly observe and comply in all respects with all Laws relating to

the Land and the Tenant’s use of it.

11 Risk

11.1 The Tenant agrees to occupy and use the Leased Premises at the Tenant's sole risk.

12 Public Risk Insurance

12.1 The Tenant must during the Term, effect and maintain adequate public risk insurance

cover applicable to the Tenant's use of the Leased Premises for at least $10,000,000

(being the amount which may be paid out arising from any single accident or event) or

any increased amount that the Shire may from time to time require.



12.2 The Tenant must supply the Shire with a certificate of currency from the insurer on

request.

13 Limit of Shire's liability

No warranties or representations

13.1 The Tenant acknowledges and agrees that:

13.1.1 all the Tenant’s fixtures, chattels and other Tenant’s property in or on the

Leased Premises shall be at the sole risk of the Tenant during the Term and

the Shire shall not be liable for any claim, loss or damage that the Tenant

may suffer as a result of any fault in the construction or state of repair of the

Leased Premises, the Tenant’s fixtures or the Shire's fixtures;

13.1.2 the Tenant has not relied on any representation or warranty of the Shire in

entering into this Lease and, for this purpose, the Tenant acknowledges that:

(i) the Tenant has relied on the Tenant's own skill and judgment and

has made the Tenant's own enquiries in determining the suitability

of the Leased Premises for the Authorised Use; and

(ii) the Tenant's occupation of the Leased Premises is conclusive

evidence of the Tenant's acceptance of the Leased Premises as

being in good order, repair and condition at the Commencement

Date.

Shire Not Liable

13.2 The Shire is not liable to the Tenant and the Tenant will not make a claim against the

Shire in respect of any liability resulting from any accident, death, injury, damage to

any property (including water damage), equipment, or machinery malfunction,

interruption of services, theft or other event of a similar nature in or affecting or the

Leased Premises.

Tenant acts at own risk

13.3 Unless this Lease provides otherwise, whenever the Tenant is obligated or required by

this Lease to do or omit to do any act or thing, the doing or the omission of the act or

thing will be at the sole risk and expense of the Tenant.

14 Indemnity and release

General indemnity

14.1 The Tenant indemnifies, and shall keep indemnified the Shire and the Minister against

all actions, losses, claims, damages, proceedings, suits, demands, costs and expenses

for which the Shire or the Minister become liable in respect of loss or damage to

property or death or injury of any nature and however or wherever sustained:

14.1.1 which are caused or contributed to by the use or occupancy of the Leased

Premises by the Tenant or Authorised Persons;

14.1.2 resulting from an act or omission of the Tenant; or

14.1.3 resulting from a notice, claim or demand against the Tenant to do or refrain

from doing anything except to the extent that the Shire is obliged by this



Lease to pay for or contribute to the cost of compliance with the notice, claim

or demand and fails to do so.

Nature of indemnity

14.2 The obligation of the Tenant to indemnify the Shire and the Minister under this Lease

or at law is not affected by the obligation of the Tenant to effect insurance and all

indemnities shall survive the termination of this Lease.

15 Alterations by the Tenant

15.1 The Tenant must obtain the Shire's prior written approval (as distinct from any consent

that the Tenant may require from the Shire as Relevant Authority) if the Tenant wishes

to carry out any work at the Land.

15.2 The Shire may in its absolute discretion decline consent.

16 Assignment

No assignment without consent

16.1 The Tenant must not transfer or assign, mortgage, or charge the leasehold estate in

the Leased Premises or sub-Lease its rights under this Lease or part with possession

or dispose of the Leased Premises or any part of the Leased Premises except with the

prior written consent of the Shire and the Minister (where relevant), which may be

withheld at the absolute discretion of the Shire and the Minister.

Property Law Act excluded

16.2 Sections 80 and 82 of the Property Law Act 1969 (WA) are excluded.

Changes in beneficial ownership of shares

16.3 If the Tenant is a company whose shares are not listed on any Stock Exchange in

Australia, a change in the beneficial ownership of more than fifty per cent (50%) of the

shares or the redemption, cancellation or issue of shares in that company or any

holding company of that company will be deemed to be an assignment of the Tenant's

leasehold estate.

Directors or shareholders may be required to provide guarantee

16.4 If the proposed assignee or subtenant is a company, the directors or substantial

shareholders of the company at the option of the Shire must guarantee to the Shire the

observance and performance of all of the Tenant's Obligations including payment of

the Rent and other money payable under this Lease.

Covenants of assignee supplementary

16.5 The covenants and agreements on the part of any assignee will be supplementary to

the Tenant’s Obligations and will not in any way relieve or be deemed to relieve the

Tenant from the Tenant’s Obligations.

Compliance with Acts

16.6 The Shire and the Tenant acknowledge that if in granting its consent to any assignment

or sublease the Shire has to first comply with or satisfy any obligations or requirements

under any Law, including section 3.58 of the Local Government Act 1995 (WA), then



the Shire’s consent is made expressly conditional upon and subject to satisfaction of

the obligations or requirements under any Law.

16.7 As the Land is subject to the provisions of the Land Administration Act 1997 (WA) then,

in addition to the consent of the Shire under clause 16.1, the consent of the Minister

must be obtained for any assignment, subletting, mortgage or charge of the leasehold

estate in the Leased Premises.

17 Deposit and Costs

Deposit

17.1 The Tenant has paid to the Shire the Deposit to be held by the Shire as stakeholder

and applied towards payment of the costs payable by the Tenant under this Lease.

17.2 The Tenant authorises the Shire to deduct from the Deposit all costs payable by the

Tenant under this Lease. If the costs exceed the Deposit, the Shire will invoice the

Tenant for any shortfall and the Tenant must reimburse the Shire upon receipt of that

invoice.

17.3 At the end or earlier termination of this Lease, the Shire will refund to the Tenant then

remaining balance of the Deposit (if any).

Costs

17.4 The Tenant must pay or reimburse the Shire on demand for all the Shire’s reasonable

costs and expenses (including the Shire’s legal and consultancy costs and expenses)

in relation to:

17.4.1 the preparation, execution, negotiation, and stamping of this Lease;

17.4.2 the exercise or enforcement by the Shire of any right under this Lease;

17.4.3 any act or omission by the Tenant causing cost or expense to the Shire; and

17.4.4 obtaining or giving any consent or approval under this Lease, or a variation

or surrender of this Lease.

17.5 The Tenant also must pay or reimburse the Shire on demand for:

17.5.1 the cost of obtaining a market valuation of the Land as required pursuant to

section 3.58 of the Local Government Act 1995 (WA);

17.5.2 the cost of the public notice required pursuant to section 3.58 of the Local

Government Act 1995 (WA); and

17.5.3 all duty, taxes, levies, charges and fees, and fines and penalties in respect of

any of them, which may be payable in connection with this Lease.

Interest on other moneys

17.6 If any monies payable by the Tenant remain unpaid for 30 days after their due date

then the Tenant shall pay to the Shire interest on those payments at the Default

Interest Rate calculated from their due date to the date of payment and such interest

shall be compounded monthly.



18 GST

18.1 The Rent and other moneys payable under this Lease have been calculated without

regard to GST, and the Shire and the Tenant agree that the Shire shall be entitled to

charge an additional amount if the Shire becomes subject to GST as a result of the

grant of this Lease or any supply to the Tenant under or in connection with this Lease,

and the following provisions shall apply.

18.2 The Tenant must do everything reasonably requested by the Shire to ensure this

Lease is treated as taxable for the purposes of the GST, the Tenant must pay the GST

to the Shire at the same time as the payment to which the GST relates, and the Rent

and other amounts payable under this Lease are exclusive of GST.

18.3 The Tenant must pay to the Shire on demand any GST charged on goods and services

acquired or payable or paid by the Shire in connection with this Lease or the Leased

Premises, including but not limited to any GST payable in connection with or in respect

of the provision of any utilities and services and the Rent;

18.4 Words used in this clause which have a defined meaning in the GST Law have the

same meanings as in the GST Law unless the context indicates otherwise.

19 Shire’s covenants

Fencing of Leased Premises

19.1 The Shire agrees, at its cost, to extend the existing fence located on the land adjoining

the Leased Premises so that the entire Leased Premises is fenced and may be locked

by the Tenant.

Shire’s Right of Access

19.2 The Shire and the Shire’s employees and contractors may at all reasonable times (and

at any time in the case of an emergency) enter the Leased Premises with all necessary

equipment to carry out repairs, maintenance or improvements to the Leased Premises

(or adjacent areas), including to:

19.2.1 construct the fence on the Leased Premises;

19.2.2 alter, add to, extend, reduce the size of, or otherwise modify, existing

structures on the Leased Premises; or

19.2.3 carry out any other works that the Shire considers necessary.

Shire’s right to remedy default

19.3 The Shire may, if the Tenant is in default of any repair notice given by the Shire under

this Lease or, if any repairs that the Tenant is responsible for under this Lease are

required to be undertaken as a matter of urgency then, without prejudice to the Shire’s

rights under this Lease, the Shire and the Shire’s employees and contractors with all

necessary equipment at all reasonable times may enter the Leased Premises to carry

out such works and the costs of carrying out such works shall be payable by the

Tenant to the Shire on demand.

Shire’s right to deal with Land

19.4 The Shire may grant easements of support or any other easements or similar rights

over any part of the Land or the Leased Premises or dedicate, transfer or otherwise



deal with any part of the Land or the Leased Premises in favour of another person for

any reason whatsoever except that the Shire shall not without the Tenant's prior

consent do anything which will substantially and permanently derogate from the quiet

enjoyment of the Tenant's Rights by the Tenant.

No undue interference

19.5 In exercising the Shire’s rights in clause 19.2 to clause 19.4 (inclusive), the Shire must

use its reasonable endeavours not to cause any undue interference with the

Authorised Use but in no event will the Shire be responsible for any compensation or

liable for any loss suffered by the Tenant.

20 Events of Default

20.1 An Event of Default occurs:

20.1.1 if the Rent is at any time unpaid for 30 days after becoming due whether

formally demanded or not;

20.1.2 if the Tenant fails to comply with any of its other obligations under this Lease

and that failure is not, in the reasonable opinion of the Shire, remediable;

20.1.3 if the failure described in clause 20.1.2 is remediable, and the Tenant does

not remedy the failure within 30 days, or a longer period reasonably

determined by the Shire after receipt by the Tenant of a notice from the Shire

specifying the failure;

20.1.4 in the event of insolvency, receivership, bankruptcy or liquidation of the

Tenant;

20.1.5 if the Tenant makes or enters into or endeavour to make or enter into any

composition assignment or other arrangement with or for the benefit of the

Tenant’s creditors.

21 Shire’s powers on default

Shire's right of possession

21.1 On the occurrence of an Event of Default, the Shire may without giving any further

notice or demand enter the Leased Premises and re-take possession, and on re-entry,

the Term will immediately determine.

No re-entry on certain events

21.2 None of the following events constitutes a re-entry or forfeiture or waiver of the Shire's

rights to recover in full all Rent, outgoings and other money payable by the Tenant

under the Lease:

21.2.1 acceptance of the keys or other access devices for the Leased Premises; or

21.2.2 entry to the Leased Premises by the Shire for the purpose of inspection or for

the purpose of showing the Leased Premises to prospective Tenants or to

remedy an Event of Default.

No prejudice of Shire's rights



21.3 Any re-possession or attempted re-possession of the Leased Premises by the Shire or

any demand for or acceptance of any of the Rent, outgoings or other money payable

under this Lease will not:

21.3.1 prejudice or affect the Shire's rights under this Lease;

21.3.2 release the Tenant from performing the Tenant's Obligations; or

21.3.3 be deemed an election by the Shire as to the exercise of the Shire's rights

under this Lease or at law.

Exercise of rights by Shire

21.4 The Shire may exercise the Shire's rights under this Lease or at law notwithstanding

laches, neglect or waiver in respect of any breach of the Tenant's Obligations, and

without giving notice except in accordance with this Lease or as required by Law, and

without having to prove default by the Tenant or the continuance of that default.

22 Essential terms

Breach of Essential Terms

22.1 If the Tenant’s conduct constitutes a breach of an essential term of this Lease and the

Shire elects to treat that breach as repudiation or the conduct otherwise constitutes

repudiation of this Lease, the Tenant shall compensate the Shire for all loss or damage

suffered by reason of or arising from the repudiation.

22.2 Clauses 5 (“Rent”), 8 (“Use of Leased Premises”), 7.2 (“Covenant to Repair and

Maintain”), 12 (“Insurance”), 16 (“Assignment”) of this Lease are deemed to be

essential terms. This is not an exhaustive list of the essential terms of this Lease.

Damage for Breach of Essential Terms

22.3 Any loss or damage for the unexpired residue of the Term suffered by the Shire as a

result of the Tenant’s breach of an essential term may be recovered as damages at

any time.

Shire’s Entitlement to Damages

22.4 The Shire’s entitlement to recover damages from the Tenant or any other person will

not be limited or affected by any of the following:

22.4.1 if the Tenant abandons or vacates the Leased Premises;

22.4.2 if the Shire elects to re-enter the Leased Premises or terminate this Lease;

22.4.3 if the Shire accepts the Tenant’s repudiation; or

22.4.4 if the Parties’ conduct (or that of any of their servants or agents) constitutes

or may constitute a surrender by operation of law.

Calculation of Damages

22.5 Following repudiation by the Tenant if the Shire terminates this Lease then, without

prejudice to any other right or remedy, the Shire may recover the difference between

the aggregate of the Rent, the reasonable estimate of the outgoings and other money

payable by the Tenant for the unexpired residue of the Term less any amount the Shire

obtains by re-letting the Leased Premises.



23 Termination

Yield up Leased Premises

23.1 At the end or earlier termination of this Lease, the Tenant must surrender and yield up

the Leased Premises to the Shire in a condition consistent with the compliance of the

Tenant's Obligations during the Term and deliver to the Shire all keys, access cards

and other security devices for the Leased Premises.

Removal of Tenant’s fixtures, fittings and chattels

23.2 At the end or earlier termination of this Lease, the Tenant must remove all the Tenant’s

chattels and, if required by the Shire, any fixture, fitting or structure erected by the

Tenant during the Term, and make good at the Tenant’s cost any resulting damage

and if not removed within 5 business days or a longer period as reasonably determined

by the Shire after the date of termination, ownership of those chattels, fixtures, fittings

and structures may at the Shire’s election pass to the Shire or the Shire may in a

proper and workmanlike manner remove them from the Leased Premises and either

store them or forward them to a refuse collection centre.

23.3 The cost of making good the resulting damage and the cost of removal, storage and

disposal shall be recoverable from the Tenant as a debt due on demand and the Shire

shall not be responsible for any compensation or liable for any loss suffered by the

Tenant.

Survival

23.4 The covenants contained in this Lease which expressly or impliedly survive termination

shall remain in full force and effect after the termination of this Lease without limit in

time and shall not be or be deemed to be waived, merged or extinguished upon such

termination.

24 Disputes

Mediation

24.1 If a dispute arises in relation to this Lease, either Party may give the other a notice

requiring that an attempt be made to resolve the dispute with the help of a mediator to

be appointed jointly by the Parties.

24.2 If the Parties do not agree on a mediator within 7 days after the notice is given, either

Party is entitled to ask the Australian Commercial Disputes Centre (ACDC) or such

other body that has similar powers at the time of the dispute to appoint the mediator.

24.3 The mediation is to be conducted in accordance with the procedure set out in the

ACDC Commercial Mediation Agreement or, if at the relevant time there is no such

agreement or an agreement substituted for it, in accordance with the procedure

determined by the mediator in consultation with the Parties. Each of the Parties must

co-operate fully with the mediator.

24.4 The Parties must each pay an equal share of the fees and expenses to which the

mediator is entitled.

Arbitration

24.5 If the dispute has not been resolved by mediation under clause 24.3 within 2 months of

a party requiring mediation, either Party may give the other Party a notice requiring that



a dispute be resolved by arbitration under the Commercial Arbitration Act 2012 (WA)

by an arbitrator appointed jointly by the Parties.

24.6 If the Parties do not agree on an arbitrator within 7 days after the notice of arbitration is

given, either Party is entitled to ask the ACDC or such other body that has similar

powers at the time of the dispute to appoint the arbitrator.

24.7 The arbitration must be conducted in accordance with the Commercial Arbitration Act

2012 (WA). Each of the Parties must co-operate fully with the arbitrator.

24.8 Either Party is entitled to appeal to the Court of competent jurisdiction on any question

of law arising out of an award.

Right to seek injunctions

24.9 For the avoidance of any doubt, nothing in this clause 24 shall be construed as limiting

the rights of either Party to seek urgent injunctive orders from a Court of competent

jurisdiction to restrain the other Party from an ongoing or repetitive breach of this Lease

where an order for damages would not be an adequate remedy.

25 Option to renew for Further Term

25.1 If:

25.1.1 no earlier than 6 months and no later than 3 months before the End Date the

Tenant gives notice to the Shire to exercise its right to the Further Term; and

25.1.2 the Shire is satisfied that:

(i) there is no Rent or other money payable under this Lease which is

due but unpaid;

(ii) there is no unremedied breach of the Tenant’s Obligations and

covenants; and

(iii) there have been no breaches of any of the essential terms in this

Lease during the Term,

then, the Shire must grant to the Tenant a new lease of the Leased Premises for the Further Term from the Renewal Date at the Rent as varied pursuant to this Lease and otherwise on the same terms and conditions of this Lease except that the Term of this Lease plus all further terms shall expire on or before the Final Expiry Date.

26 Damage to or destruction of Leased Premises

26.1 If the Leased Premises are damaged or destroyed so as to render any part of the

Leased Premises wholly or substantially:

26.1.1 Unfit for Occupation and use by the Tenant; or

26.1.2 inaccessible having regard to the nature and location of the Leased

Premises and the normal means of access to them;

then either party may terminate this Lease by notice to the other.



27 Resumption of Leased Premises

27.1 If the Land or any part of the Leased Premises is resumed by any Relevant Authority

so as to render the Leased Premises inaccessible or substantially unfit for the

occupation of the Tenant, this Lease may be terminated without compensation or other

liability by either the Shire or the Tenant by 30 days’ notice to the other Party but

without affecting the rights of either Party against the other in respect of any previous

breaches of the provisions of this Lease.

28 Environmental Matters

Tenant’s Environmental Covenants

28.1 The Tenant must:

28.1.1 comply with all Environmental Laws including, without limitation, obtaining all

necessary permits, authorisations and approvals required for the Tenant to

carry out the Authorised Use on the Leased Premises;

28.1.2 take all practicable precautions to ensure that no Contamination of the

Leased Premises or the Environment in the vicinity of the Leased Premises

occurs;

28.1.3 not discharge into any stormwater drain any trade effluent, Hazardous

Material or Waste, other than that which is authorised by the Relevant

Authority;

28.1.4 immediately notify the Shire if:

(i) a Contamination Event occurs on the Leased Premises; or

(ii) an Environmental Notice is served on the Tenant;

28.1.5 if a Contamination Event occurs and irrespective of whether an

Environmental Notice has been served on the Tenant, promptly take all usual

and reasonable actions at the Tenant’s own cost and in accordance with best

industry practice for the Remediation of the Leased Premises and any land in

the vicinity of the Leased Premises to a condition, as far as practicable, as if

the Contamination Event had not occurred;

28.1.6 at the Tenant’s own cost, comply with every Environmental Notice issued in

respect of, or arising from, the Tenant’s occupation or use of the Leased

Premises, whether the notice is served on the Shire or the Tenant;

28.1.7 allow the Shire and its employees and contractors:

(i) after receiving reasonable notice from the Shire, access to the

Leased Premises to conduct environmental audits or inspections

from time to time; and

(ii) immediate access to the Leased Premises to conduct an

inspection following a Contamination Event; and

28.1.8 pay the reasonable costs of any reputable environmental consultant

appointed by the Shire to undertake an inspection from time to time of the

Leased Premises to verify the Tenant’s compliance with this clause 28.



Remediate Contamination

28.2 Without limiting the Tenant’s obligation under clause 28.1.5, the Tenant must ensure

that at the expiration of the Term it has Remediated any Contamination of the Leased

Premises or any land in the vicinity of the Leased Premises caused by the Tenant, to

the absolute satisfaction of the Shire.

28.3 Subject to clause 28.6, not later than six months before the expiration of the Term, the

Tenant must arrange for a reputable environment consultant approved by the Shire

(whose approval must not be unreasonably withheld) to:

28.3.1 Carry out an investigation of Contamination at the Leased Premises;

28.3.2 prepare a report with respect to any (if any) Contamination at the Leased

Premises; and

28.3.3 prepare a Remediation Notice (if applicable).

28.4 Subject to clause 28.5, the Tenant must promptly carry out all the works specified in

the Remediation Notice to the satisfaction of the Shire, and at the Tenant’s sole cost.

28.5 The Tenant is under no obligation to carry out remedial works in respect of

Contamination of the Leased Premises shown to exist at the Commencement Date,

except to the extent that the Tenant has disturbed the Contamination in a manner

which creates a risk of harm to people or the Environment.

28.6 If this Lease is terminated by the Shire prior to the expiration of the Term, the Shire

may:

28.6.1 arrange for the investigation of Contamination referred to in clause 28.2 and

for the preparation of a Remediation Notice (if applicable); and

28.6.2 carry out the works specified in the Remediation Notice, at the Tenant’s

expense, and the Tenant will indemnify the Shire under Clause 28.8.

28.7 For the avoidance of doubt, this clause is for the benefit of the Shire and can only be

waived by the Shire.

Environmental Indemnity

28.8 Without limiting any other provision of this Lease, the Tenant indemnifies the Shire and

the Shire’s employees in respect of all claims, judgments, orders, costs (including legal

costs on a full indemnity basis) and expenses for which the Shire is or may become

liable in respect of or arising from the Tenant’s breach of any of the Tenant’s

Environmental Covenants.

28.9 Without limiting clause 28.8, in the event that the Tenant fails to promptly comply with

its obligations under clauses 28.1.5, 28.1.6, 28.2, 28.3 or 28.4 the Shire shall be at

liberty to carry out all of the said obligations at the cost of the Tenant, which cost shall

be recoverable from the Tenant on demand.

Event of Default and Essential Term

28.10 For the avoidance of doubt, a failure by the Tenant to perform or comply with any of its

obligations under this clause 28 is an Event of Default and a breach of an essential

term of the Lease.



29 Holding Over

29.1 If the Tenant continues to use the Leased Premises after the expiry of the Term with

the consent of the Shire the Tenant will be a monthly Tenant of the Shire on the

following basis:

29.1.1 the Tenant must pay to the Shire the same rent as the then Rent payable by

the Tenant immediately prior to expiry of the Term;

29.1.2 Tenant’s right to remain in possession of the Leased Premises is subject to

the continued performance of the Tenant’s Obligations; and

29.1.3 the monthly tenancy created by this clause may be terminated by either

Party giving 1 months’ notice of termination to the other Party at any time.

30 Notices

Giving notices

30.1 Any notice or communication given to a Party under this Lease is only given if it is in

writing and sent in one of the following ways:

30.1.1 Delivered or posted to that Party at its address and marked for the attention

of the relevant department or officer (if any) set out below.

30.1.2 Faxed to that Party at its fax number and marked for the attention of the

relevant department or officer (if any) set out below.

The Shire

Name: Shire of Mount Magnet

Address: Lot 63 Hepburn Street

Mount Magnet, WA 6638

Fax number: (08) 9963 4133

Attention: Chief Executive Officer

The Tenant

Name: Energy Generation Pty Ltd

Address: Building 17, 2404 Logan Road, Eight Mile Plains,

Queensland QLD 4113 (with a copy to Level 9, 14-

16 Victoria Avenue, Perth WA 6892)

Fax number: [Fax number]

Attention: [Name]

Change of address or fax number

30.2 If a Party gives the other Party 3 business days’ notice of a change of its address or fax

number, any notice or communication is only given by that other Party if it is delivered,

posted or faxed to the latest address or fax number.

Time notice is given

30.3 Any notice or communication is to be treated as given at the following time:

30.3.1 If it is delivered, when it is left at the relevant address.



30.3.2 If it is sent by post, 2 business days after it is posted.

30.3.3 If it is sent by fax, as soon as the sender receives from the sender’s fax

machine a report of an error free transmission to the correct fax number.

30.4 However, if any notice or communication is given, on a day that is not a business day

or after 5pm on a business day, in the place of the Party to whom it is sent it is to be

treated as having been given at the beginning of the next business day.

Copies of notices etc

30.5 If a Party is required by any term of this Lease to give a copy of any notice or

communication to a person the failure to give the copy of it to the person may not be

raised to rebut that it was effectively given.

31 Caveats protecting Lease

31.1 The Tenant may register this Lease but must not lodge an absolute caveat over the

Leased Premises to protect the interest of the Tenant under this Lease and the Tenant

must withdraw any caveat lodged by or on behalf of the Tenant over the Leased

Premises on the termination of this Lease.

32 Discretion of the Shire in its capacity as a Relevant

Authority

32.1 Nothing in this Lease shall fetter or be construed as an attempt to fetter the discretion

or the powers of the Shire in its capacity as a Relevant Authority under any Law and in

particular does not fetter the Shire in its capacity as a Relevant Authority with regard to

the approval or imposition of conditions on any approval required for the development

of the Land or carrying out of any alterations, additions or improvements on the Leased

Premises in accordance with the terms of this Lease.

33 Miscellaneous

Approvals and consents

33.1 Unless this Lease expressly provides otherwise, a Party may give or withhold an

approval or consent in that Party's absolute discretion and subject to any conditions

determined by the Party. A Party is not obliged to give its reasons for giving or

withholding a consent or approval or for giving a consent or approval subject to

conditions.

33.2 Where this Lease refers to a matter being to the 'satisfaction' of a Party, this means to

the satisfaction of that Party in its absolute discretion.

Entire agreement

33.3 This Lease contains everything the Parties have agreed in relation to the subject

matter it deals with. No Party can rely on an earlier written document or anything said

or done by or on behalf of another Party before this Lease was executed.

Further acts



33.4 Each party must at its own expense promptly execute all documents and do or use

reasonable endeavours to cause a third party to do all things that another Party from

time to time may reasonably request in order to give effect to, perfect or complete this

Lease and all transactions incidental to it.

Governing law and jurisdiction

33.5 This Lease is governed by the law of Western Australia. The Parties submit to the

non-exclusive jurisdiction of its courts and courts of appeal from them. The Parties will

not object to the exercise of jurisdiction by those courts on any basis.

Joint and individual liability and benefits

33.6 Except as otherwise set out in this Lease, any agreement, covenant, representation or

warranty under this Lease by two or more persons binds them jointly and each of them

individually, and any benefit in favour of two or more persons is for the benefit of them

jointly and each of them individually.

Severability

33.7 Each provision of this Lease is individually severable. If any provision is or becomes

illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed

from this Lease in the relevant jurisdiction, but the rest of this Lease will not be

affected. The legality, validity and enforceability of the provision in any other

jurisdiction will not be affected.

Counterparts

33.8 This Lease may be executed in any number of counterparts each of which is an

original and all of which constitute one and the same instrument.

Variation

33.9 No variation of this Lease will be of any force or effect unless it is in writing and signed

by each Party to this Lease.

Waivers

33.10 A waiver of any right, power or remedy under this Lease must be in writing signed by

the Party granting it. A waiver is only effective in relation to the particular obligation or

breach in respect of which it is given. It is not to be taken as an implied waiver of any

other obligation or breach or as an implied waiver of that obligation or breach in relation

to any other occasion.

33.11 The fact that a Party fails to do, or delays in doing, something the Party is entitled to do

under this Lease does not amount to a waiver.



Execution and date

Executed as deed. Date:

THE COMMON SEAL of the ) SHIRE OF MOUNT MAGNET ) was hereunto affixed by resolution of the ) Council in the presence of: ) _____________________________ _____________________________ Signature of Chief Executive Officer Print Name of Chief Executive Officer _____________________________ _____________________________ Signature of Shire President Print Name of Shire President EXECUTED for and on behalf of ) ENERGY GENERATION PTY LTD ) _______________________________ (ACN 009 017 458) ) Director by authority of its Directors in ) accordance with section 127 of the ) ________________________________ Corporations Act ) Director/Secretary



Schedule 1 - Items

Item 1 Land Reserve 42927 comprised in Lot 543 on Deposited Plan 188366 and being the land in Certificate of Title Volume 3025 Folio 602

Item 2 Leased Premises That part of the Land having an area of approximately 4,000m² as depicted in black on the plan attached to this Lease as Schedule 3

Item 3 Rent The Rent is $18,000 per annum plus GST payable by equal monthly calendar payments of $1,500 plus GST each paid in advance

Item 4 Rent Payment Date The first day of each month Item 5 Review Date

On each Renewal Date Item 6 Commencement Date 20 June 2015 Item 7 Term 12 months Item 8 End Date

19 June 2016 Item 9 Authorised Use Storage site for power stations Item 10 Renewal Date

20 June 2016 and 20 June 2017

Item 11 Further Term 2 further terms of 12 months each

Item 12 Final Expiry Date 19 June 2018

Item 13 Deposit $5,000



Schedule 2 – Consent of the Minister of Lands

Consent of the Minister of Lands The MINISTER FOR LANDS consents to this Lease pursuant to section 18 of the Land Administration Act 1997 (WA). Date:



Schedule 3 – Plan of Leased Premises

Plan of Leased Premises


12.8 Request for Commercial Advertising in Council Comments


Amended By: Nil




To consider a policy position in response to requests to advertise in Council Comments.

Background

From time to time we receive requests to publish in Council Comments advertisement

that could only be described as commercial in nature. Although I have had no difficulty

in publishing community notices or notices on behalf of government agencies, I have

not until now accepted any commercial advertisements because:

No fees or charges have been set for commercial advertising. Commercial

advertising is a cost of doing business, failure to set a cost will likely lead to too

much demand.

If there is a community group wanting to establish a community newspaper (as I

am led to believe), we should be supporting that group rather than competing for

advertising revenue. However, in the 6 months I’ve been here, I haven’t seen any

real progress toward a community newspaper.

Comment

There is currently no local publication that local businesses can access for the purpose

of local advertising. The Geraldton newspapers do not really fulfil the role, because

they are far more broad in their distribution and come at a significant cost given their

relatively poor distribution in the local market.

Consultation

Nil.


Nil.

Risk Analysis

Nil.

Policy Implications

To be assessed.


Nil.


Nil.

Voting Requirements

Simple Majority


It was generally agreed that accepting Commercial Advertising was a good idea and the

CEO should recommend a charge in the schedule of Fees & Charges.

COUNCIL RESOLUTION

Moved: Cr Carole Minney Seconded: Cr Jorgen Jensen

That the meeting adjourns for 10 minutes.


The meeting adjourned at 2:58pm.

The meeting resumed at 3:05pm.

COUNCIL RESOLUTION

Moved: Cr Jason Homewood Seconded: Cr Eliz Morris

That the meeting now resumes.



12.9 Extension of Reserve 41109 for the purpose of "Mining Equipment

Museum"


Amended By: Nil




To consider the latest information on this long-standing application and, if thought

appropriate, to indemnify the Minister for Lands against native title proceedings in

respect of his granting the Shire’s request for the reserve to be extended.

Background

Some years ago the Shire applied for an extension of Reserve 41109 (“Lot 618”) into

part of adjoining UCL Lot 350 on Deposited Plan 72981. Reserve 41109 is vested in

the Shire under a management order for the purpose of Mining Equipment Museum,

and the purpose of the proposed extension is to provide land for the expansion of the

museum.

It is not apparent to us how many years ago the original application was made; there is

correspondence in our system on the proposed extension which dates back as far as

April 2010.

More recently I have been following the matter up, and this report summarises recent

activity:

Comment

Recent activity on this matter is as follows:

23 April 2015 we received correspondence from the Department of Lands

requesting the Shire to provide justification in support of the proposed acquisition of the

subject UCL for inclusion into Reserve 41109, with particular reference to the social or

economic benefit it confers?

24 April 2015 I responded with an economic justification for the extension of the

Reserve, and received confirmation from the Department that the justification “passed

muster”.

In response to a follow-up I did on 28th

May, I was advised “This Office was

notified yesterday that the native title applications (Badimia #2 & Badimia People)

over Mount Magnet area are dismissed by Federal Court decision. This means that

naïve title does not exist in the land and the way is now clear for the Department of

Lands to create the Reserve and issue a management order to the Shire.”

On 8th

June I received a further email, which advised “Following my below email

advice, I would like to add that the Department of Lands requires a written

confirmation from the Shire of Mount Magnet that they will indemnify the Minister for

Lands against any costs arising from the taking of native title rights and interest for the

expansion of the Mount Magnet Museum. Until DoL is in receipt of the aforementioned

indemnification no further action can be taken.”


In my experience, it is usual in these circumstances to be asked to indemnify the

Minister in respect of any subsequent legal consequences of his granting some rights

over land. Even if the Federal Court has decided that Native Title does not exist in the

land, it has been practice for several years now for the Minister to be indemnified by the

party receiving the benefit of the Minister’s action.


The processes governing this transaction are prescribed by the Land Administration Act

1997 and the Land Administration Regulations 1998.

Risk Analysis

There is considered to be very little risk in providing the Minister with the usual

indemnification, especially since the federal court has determined that native title does

not exist within the Mount Magnet town-site.

The requested indemnification may seem like the Minister needs to wear braces as well

as a belt; but it is a necessary prerequisite to obtaining the extension to Reserve 41109.

Policy Implications

Nil.


Nil.


Nil.

Voting Requirements

Simple Majority

COUNCIL RESOLUTION


The Shire of Mount Magnet agrees to indemnify the Minister for Lands against any

costs arising from the taking of native title rights and interests for the extension of

Reserve 41109 for the purpose of “Mining Equipment Museum”.

RESOLUTION 2015-06-12 CARRIED/LOST


13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

14. NOTICE OF MOTIONS FOR THE NEXT MEETING

Cr Eliz Morris advised that at the July meeting she would move a motion about the

Installation of 3 Flag Posts at Foster/Federation Park.

15. CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION


That the meeting go in camera.


15.1 Proposed Appointment of Willis Australia Limited as Insurance Broker

The meeting considered the CEO’s confidential report numbered 15.1, which had been

separately circulated.

COUNCIL RESOLUTION

Moved: Cr Jason Homewood Seconded: Cr Carole Minney

That the CEO be authorised to appoint Willis Australia Limited as the Shire’s

insurance brokers for 2015/2016, and to accept the best quote from LGIS or Willis

Australia Limited (as the case may be) .


15.2 Review of Organisation Structure

The meeting considered the CEO’s confidential report numbered 15.2, which had been

separately circulated.

In discussion it was generally agreed that the proposed position of Community

Development Officer should be:

Subject to a detailed position description; and

Be initially filled for 12 months only, and be subject to a 12-month review.

COUNCIL RESOLUTION

Moved: Cr Carole Minney Seconded: Cr Eliz Morris

1. That the Shire’s organisation chart be amended by:

a) Disestablishing the positions Administration Manager, Economic

Development Officer and Works Supervisor; and by


b) Establishing (subject to a detailed position description) of

Community Development Officer at pay grade 4.1 plus 12% plus

the usual employee expenses.

2. That the 2015/2016 budget be prepared on the basis of the organisation chart

(so amended).

3. That the CEO be authorised to fill the position of Community Development

Officer forthwith (for a period not exceeding one year).


16. LATE AGENDA ITEMS

COUNCIL RESOLUTION


That Late Agenda Item 16.1 be accepted.

RESOLUTION 2015-06-16 CARRIED/LOST


16.1 Proposal to Impose Differential and Minimum Rates

Officer: Finance Manager

Amended by: Nil



Application

To approve the advertising of the proposal to apply differential rates and minimum

payments in the 2015/2016 Financial Year.

Background

Section 6.36 of the Local Government Act stipulates that public notice is to be given

before imposing any differential general rates or minimum payments. Such public

notice is to allow for a period of at least 21 days in which electors or rate payers may

make submissions.

Current Position Council’s Draft Four Year Budget and Corporate Business Plan have been prepared on

the basis of a 4% increase in rate revenue applied uniformly across all rating types. As

a consequence the following differential rates and minimums are proposed to apply in

2015/2016:

Rate Type Rate in $

(Cents) Category

Minimum

$

Urban 9.7253 Gross Rental Value 397

Boogardie and Lennonville 9.7253 Gross Rental Value 133

Industrial and Commercial 10.3001 Gross Rental Value 421

Single Person Quarters 17.7641 Gross Rental Value 745

Pastoral 6.4385 Unimproved Value 397

Mining (Prospecting, Exploration,

Mining, Gold Mining)

30.0826 Unimproved value 450

“Objects and Reasons” for the 2015/2016 Rating Proposal set out in the Statutory

Budget format are attached for information.

In accordance with section 6.33 (3) of the Act Ministerial approval will be required for

the above rating proposal as in the Unimproved Value category the highest proposed

differential rate is more than twice the lowest proposed differential rate.

Consultation

RSM Bird Cameron

Statutory/Policy Environment

Local Government Act sections 6.33, 6.35 and 6.36.

Policy Implications

Nil



The differential rating proposal is an integral part of Council’s 2015/2016 budget and

Corporate Business Plan.


Nil

Voting Requirements

Simple Majority

The Chief Executive Officer left the meeting at 3:52pm.

The Chief Executive Officer returned to the meeting at 3:57pm.

COUNCIL RESOLUTION


That Council approves the advertising of the following differential rates and

minimum payments:

Rate Type Rate in $

(Cents) Category

Minimum

$

Urban 9.7253 Gross Rental Value 397

Boogardie and Lennonville 9.7253 Gross Rental Value 133

Industrial and Commercial 10.3001 Gross Rental Value 421

Single Person Quarters 17.7641 Gross Rental Value 745

Pastoral 6.4385 Unimproved Value 397

Mining (Prospecting, Exploration,

Mining, Gold Mining)

30.0826 Unimproved value 450



8. RATING INFORMATION - 2015/2016 FINANCIAL YEAR

Rate in Number Rateable Budgeted Budgeted Budgeted Budgeted 2014/2015$ of Value Rate Interim Back Total Estimate

Properties Revenue Rates Rates RevenueRATE TYPE (cents) $ $ $ $ $ $Differential General Rate01 GRV Urban 9.7253 252 1,601,808 155,781 0 0 155,781 151630

04 GRV Boogardie / Lennonville 9.7253 0 0 0 0 0 0 0

05 GRV Single Persons Quarters 17.7641 6 311,636 55,359 0 0 55,359 46986

09 GRV Commercial 10.3001 14 601,088 61,913 0 0 61,913 53302

10 GRV Industrial 10.3001 22 240,292 24,750 0 0 24,750 24185

03 UV Rural / Pastoral 6.4385 18 593,460 38,210 0 0 38,210 37165

07 UV Prospecting 30.0826 30 59,496 17,898 0 0 17,898 16776

06 UV Exploration 30.0826 29 264,379 79,532 0 0 79,532 94732

02 UV Mining 30.0826 78 2,059,492 619,549 0 0 619,549 590058

08 UV Gold Mining 30.0826 0 0 0 0 0 0 0

Sub-Totals 449 5,731,651 1,052,992 0 0 1,052,992 1,014,832

MinimumMINIMUM RATE $01 GRV Urban 397 46 28,048 18,262 0 0 18,262 15,451

04 GRV Boogardie / Lennonville 133 6 120 798 0 0 798 768

05 GRV Single Persons Quarters 745 1 0 745 0 0 745 716

09 GRV Commercial 421 4 4,330 1,684 0 0 1,684 1,620

10 GRV Industrial 421 6 11,228 2,526 0 0 2,526 2,025

03 UV Rural / Pastoral 397 2 6,200 794 0 0 794 1,528

07 UV Prospecting 450 58 52,147 26,100 0 0 26,100 24,288

06 UV Exploration 450 15 11,900 6,750 0 0 6,750 6,409

02 UV Mining 450 28 17,166 12,600 0 0 12,600 12,563

08 UV Gold Mining 450 1 278 450 0 0 450 433

Sub-Totals 167 131,417 70,709 0 0 70,709 65,802

1,123,701

Ex-Gratia Rates 0

Specified Area Rate (refer note 23) 0

1,123,701 1,080,634

Discounts (refer note 25) 0 0

1,123,701 1,080,634

Objects and ReasonsAll land except exempt land in the Shire of Mount Magnet is rated according to its Gross Rental Value (GRV) in townsites and Unimproved Value (UV) in the remainder

In 2015/2016 all rating categories will experience a 4% increase compared with the previous year which Commercial and Industrial categories experienced a

6% increase and other rating categories were increased by 3%.

GRV - Gross Rental ValueThe Urban Rate is determined to ensure provision of adequate services to residential properties including road access, recreational and cultural facilities.

recreational and cultural facilities.

The Boogardie and Lennonville Minimum Rate is determined to ensure a reasonable minimum contribution to community services.

Introduction of the new Commercial Rate in 2013/2014 which is 6% higher than the Urban rate is intended to reflect the higher level of service

provided to businesses in the CBD in particular regular street cleaning and rubbish removal.

Introduction of the new Industrial Rate in 2013/2014 which is 6% higher than the Urban Rate is intended to reflect the higher level of service provided

to businesses in the Industrial Area in particular the provision of road access to large road trains including triple and double road trains as well as heavy vehicles.

Introduction of a Minimum Rate for Industrial and Commercial categories in 2013/2014 which is 6% higher than the Urban Minimum Rate is determined

on the basis of making reasonable minimum contribution to additional services provided to both these rating categories.

The Single Persons Quarters Rate is determined on the basis of ensuring an adequate contribution to community facilities of a cultural and recreational nature

used by occupants.

The Single Persons Quarters Minimum Rate is determined on the basis of ensuring an adequate minimum contribution to community facilities of a cultural and

recreational nature used by occupants.

UV - Unimproved ValueThe Mining Rate imposed is comparable with other Shires in the region and is set to provide sufficient income to fund road and other infrastructure maintenance

resulting from mine related activity.

The Mining Minimum Rate is set to provide an adequate minimum contribution to fund road and other infrastructure maintenance resulting from mine related activity.

The Pastoral Rate is determined to ensure a contribution to services provided to pastoral properties such as roads, recreation and cultural facilities whilst taking into

account the non viable nature of the pastoral industry resulting from prolonged drought, problems caused by wild dogs attacking stock and the closure of live

export markets.

The Pastoral Minimum Rate is determined to ensure a reasonable minimum contribution to the services to pastoral properties such as road access, provision of

recreational and cultural facilities.

Works and services to be funded from rates and other income sources are detailed in the 2014/2015 - 2017/2018 Corporate Business Plan available on Council's

website.

The Urban Minimum Rate is determined to ensure a reasonable minimum contribution to services to residential properties such as road access, provision of

Totals

SHIRE OF MOUNT MAGNETNOTES TO AND FORMING PART OF THE BUDGET

FOR THE YEAR ENDED 30 JUNE 2016

of the Shire.


17. ELECTED MEMBER MATTERS

Cr Bob Ford

Requested an update on the Old Hospital.

Cr Kevin Brand

Informed Council that Main Roads WA are planning to place 3 culverts at Baramia

Creek.

18. NEXT MEETING

17 July 2015

19. CLOSURE OF MEETING

There being no further business, the Shire President closed the meeting at 4:15pm.


minutes ordinary meeting of council 19 june 2015 · cr joe o'brien asked why unconfirmed...

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