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NOTICE OF ORDINARY COUNCIL MEETING

A meeting of the Shire of Halls Creek will be held at 10.00am on Thursday 16th October 2008 in Council Chambers, Lot 71 Thomas Street, Halls Creek. AGENDA: 1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 2. RECORD OF ATTENDANCE/APOLIGIES/LEAVE OF ABSENCE

(PREVIOUSLY APPROVED)/ LATE ARRIVALS

Attendance

Leave of Absence (previously Approved)

Apologies

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil.

4. PUBLIC QUESTION TIME

A requirement of the Local Government Act is that the public are allowed a minimum of 15 minutes to ask any questions of Council.

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

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Ordinary meeting of 18 September 2008

8. BUSINESS ARISING The table of actions is printed on the following page.

9. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION 10. REPORTS OF OFFICERS AND COMMITTEES

Agenda for Ordinary meeting of the Council to be held on 16 October 2008

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Actions Table: February 2008

What Where When How Why Who

Check that we have the appropriate user agreements, and where we do not devise appropriate agreements as required

As soon as possible Resolution number 2008/015

Manager, Community Services

Status: We have forms; but they are in need of review. This is being undertaken as part of our general registration of forms and templates.

Devise an appropriate application form for Facility Grant Applications

Distribute to community groups, as appropriate

As soon as possible Distributed under cover letter, with user agreements

Resolution number 2008/015

Manager Community Services

Status: This is being undertaken as part of our general registration of forms and templates. In the meantime, any requests are being made by letters and are being reported to Council.

1. Arrange the erection of taxi shelter opposite supermarkets 2. Investigate erection of taxi shelters in the Garden Area and Mardiwah Loop

2a. Near the public telephone Welman Road 2b. As determined by the community

Report progress by end of March

Liaise with the suppliers Resolution number 2008/027

Executive Manager, Technical Services

Status: Application made – awaiting response

All other action items from the February meeting have been completed, as previously reported.

Actions Table: May 2008


Identify wheelchair access points in kerbs. Include sufficient provision in next year's draft budget.

Along Great Northern Highway as first priority, and Thomas Street

Projects should be costed in time to be included in next year's budget

Council has determined the priorities during Business Arising at its May meeting

Executive Manager Technical Services

Status: . Proposed ramp locations have been marked in Thomas Street for feedback will be completed imminently.

Lot 186 John Flynn Street Execute documents as required

Resolution no. 2008/068 Chief Executive Officer

Status: We have received written confirmation from DHW that the transfer is proceeding, we expect transfer to be lodged in next few days.


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Actions Table – June 2008


Proposed Scheme Amendment no. 12 – Send documents

WA Planning Commission As soon as possible 3 copies with a copy of the Schedule of Submissions under cover of a letter of request to the Minister

Resolution no. 2008/076 Planning Officer

Status: Awaiting WA Planning Commission and Ministerial approval. In discussion with DPI.

Initiate proposed scheme amendment no. 13

As soon as possible Resolution no. 2008/077 Planning Officer

Status: Subject of report to this meeting.







Investigate building alternatives for new youth centre

near Recreation Centre As soon as possible Internet, phone calls etc. Suggest you discuss with Peter Teakle

Resolution no. 2008/083, paragraph 1

Acting Executive Manager Community Services

Status: Design briefs will be prepared and presented to Council.

Start ordering materials for chain and bollard fence

Wherever they are the best value

As soon as possible In accordance with purchasing policy

Resolution no. 2008/085, paragraph 1

Executive Manager Technical Services

Status: The materials have arrived; work to be undertaken.

Send updated policy to State Records

When policy manual has been updated


Status: Done.

All other action items from the June meeting have been completed, as previously reported.


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Actions Table: July 2008


Approach ICC and others about funding for the new Youth Services Building

When satisfied the conditions are met

By further negotiation with DEEWR

Resolution no. 2008/104 Executive Manager Community Services

Status: Yet to secure additional funding - Applications being prepared.

Arrange project to be implemented and promote the project to strategic partners

As soon as possible Resolution no. 2008/105 Executive Manager Community Services

Status: The plan is due on October 15.

Arrange lease of Lot 88 Thomas Street in accordance with resolution

As soon as possible Instruct McLeods solicitors


Status: Lease has been finalised – awaiting execution by DHW

All other action items from the July meeting have been completed, as previously reported.

Actions Table: August 2008


Planting Oval fence with bougainvillea

In the appropriate planting season

Resolution no. 2008/126 Executive Manager Technical Services

Status: Yet to be done

Airport Land Triangle As soon as possible Write to CASA and ASA Resolution no. 2008/130 Planning Officer

Status: Awaiting Replies

Prepare background material / research for Roads Policy

As soon as practicable Data, maps, legal issues Resolution no. 2008/131 Executive Manager Technical Services and Chief Executive Officer

Status: Research is underway

Convene Council workshop on Roads Policy

When prepared Resolution no. 2008/131 Chief Executive Officer

Status: Still researching.

All other action items from the August meeting have been completed, as previously reported.


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Actions Table: September 2008


Initiate Amendment 16 of HC TPS to rezone to Residential Development Zone

Lots 357, 358 and 370 Gt Northern Highway and Lot 455 Roberta Avenue


Status: Awaiting responses from EPA & WAPC prior to advertising.

Initiate Amendment 17 of HC TPS to rezone to R20/R40

Lot 236 Roberta Ave, Lot 160 Smith Street & Lot 232 Roberta Ave


Status: Awaiting responses from EPA & WAPC prior to advertising.

1. Arrange upgrade of landfill site. 2. Call expressions of interest for operations. 3. Prepare further report on levies

Halls Creek Landfill Site As soon as possible 1. Prepare tender documents for fencing and ask CEO to call tender. 2. Liaise with CEO on calling expressions of interest. 3. Liaise with CEO and Executive Manager Corporate Services about levies.

Resolution no. 2008/137 Senior Environmental Health Officer

Status: Consulting with DEC prior to preparation of tender documents

1. Prepare Plans and cost estimates for upgrade of site. 2. Initiate negotiations

Warmun Landfill site 1. As soon as possible. 2. When plans/ estimates are to hand.

Liaise with Chief Executive Officer

Resolution no. 2008/138 Senior Environmental Health Officer

Status: Meeting with Warmun CDEP

1. Lodge DAIP with Disability Services Commission. 2. Publish DAIP. 3. Devise implementation strategies.

1. As soon as possible 2. As soon as possible 3. Ongoing

Resolution no. 2008/139 1. & 2. – Chief Executive Officer. 3. All Managers

Status: Done

Advise Winun Ngari AC that they can enter a suitable repayment plan for outstanding rates interest and penalties.

As soon as possible Letter inviting them to call to negotiate.

Resolution no. 2008/142 Executive Manager Corporate Services

Status: Done – but we have not heard back yet.


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10.1 PLANNING OFFICER’S REPORT

Item Number: 10.1.1 Subject: Planning Issues – Status Update Proponent: Shire of Halls Creek Location: N/A Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008

Declaration of Financial Interest:

Nil. Matter for Consideration:

This report provides the Council with an update on the status of current planning projects. Report Format: New items or items where there has been significant progress since the last status update are shown in this report. Previously reported items on which there is nothing new to report are not shown. They will be included in future reports as and when there is new information to report. Current Planning Projects:

The main planning projects progressed in September/October were:

• Amendment 12 - Lot 434 Wellman Road

• Amendment 13 - Lot 8 Bridge Street (Kimberley Hotel site)

• Amendment 14 - Expansion of Bridge Street Subdivision

• Amendment 15 - Lot 68 Great Northern Highway (Police Station site)

• Amendment 16 - Lot 455 Roberta Road & Lot 370 Great Northern Highway

• Amendment 17 - Old Power Station Site and Water Corporation & Main Roads Depots

Amendment 12 - Lot 434 Wellman Road Background: This amendment proposes rezoning the subject lot from Industrial to residential R40. The Council resolved to adopt the amendment for final approval at its meeting on 19 June 2008. The final approval documents have been completed and were sent to the WAPC for ministerial sign off on 8 July 2008. Current status: WAPC has advised that it has some reservations over rezoning this block due to it being surrounded by industrial zoned land. The shared planner has undertaken an


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inventory of existing uses to show that most lots are either vacant or have minimal activity. WAPC is considering this information before making its final decision. Next actions: If WAPC determines not to approve the rezoning, the full industry area rezoning may need to be intitiated. Note that it was intended to undertake this once Landcorp had confirmed that the new airport industrial subdivision would be constructed but it may need to be brought forward. Amendment 13 - Lot 8 Bridge Street (Kimberley Hotel site) See separate item to this meeting. Amendment 14 - Expansion of Bridge Street Subdivision See separate item to this meeting. Amendment 15 - Lot 68 Great Northern Highway (Police Station site) See separate item to this meeting. Amendment 16 - Lot 455 Roberta Road & Lot 370 Great Northern Highway A Scheme amendment to introduce a residential development zone and rezone the above lots from rural/pastoral to residential development zone was presented at the September Council meeting. Council resolved to initiate the amendment. Current status: The proposed amendment document was sent to the WAPC and the Environmental Protection Authority for advice on the level of environmental assessment required on 1 October 2008. Next actions:

• Await advice from EPA then advertise Amendment 17 - Old Power Station Site and Water Corporation & Main Roads Depots Background: A Scheme amendment to rezone the above public purpose reserves to residential was presented at the September Council meeting. Council resolved to initiate the amendment.


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Current status: The proposed amendment document was sent to the WAPC and the Environmental Protection Authority for advice on the level of environmental assessment required on 1 October 2008. Next actions:

• Await advice from EPA then advertise Officer’s Recommendation: That the current status of ongoing planning projects be noted. Voting Requirement: Simple Majority

Item Number: 10.1.2 Subject: Proposed Scheme Amendment No. 13 – Rezoning

Potion of Lot 7 & Lot 8 Bridge Street to Special Site Hotel/Motel

Proponent: Shire of Halls Creek Location: Lots 7 & 8 Bridge Street, Halls Creek Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008


Nil.

Matter for Consideration:

To consider granting final approval to the proposed amendment to the town planning scheme to rezone a portion of Lot 7 Bridge Street and Lot 8 Bridge Street from Public Purposes Reserve Aerodrome to Special Site Hotel/Motel. (See Attachment 1 for site location).

Applicants Submission:

The Amendment is proposed by the Shire to rezone the subject land following its sale by the Shire to Kireen Nominees Pty Ltd, owners of the Kimberley Hotel.

Background:

The Council resolved in February 2005 to sell a portion of airport land that was surplus to operational requirements to the owners of the Kimberley Hotel. At that meeting Council also resolved to rezone the land to Special Precinct: Caravan Park – Hotel Motel.

The sale of land proceeded but the required Scheme amendment to rezone the land did not take place. In addition, a small portion of the airport land immediately south of the hotel site was amalgamated into the hotel site in 2004 but was not rezoned to hotel.


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These oversights were identified in early 2008 and a proposed amendment presented to the Council on 18 June 2008 to bring the Scheme back into line with land parcel ownership and intended use. Council thereby resolved to:

1. Rezone portion of Lot 7 Bridge Street from Public Purposes Reserve Aerodrome to Special Site Hotel/Motel

2. Rezone Lot 8 Bridge Street from Public Purposes Reserve Aerodrome to Special Site Hotel/Motel

3. Rezone portion of Lot 9000 Bridge Street (Sam Tremlett Drive) from Public Purposes Reserve Aerodrome to No Zone

4. Amend the Scheme maps accordingly

The proposed rezonings are shown on Attachment 2.

The amendment has been advertised and can now be considered for final approval.

Statutory Environment:

Local Planning Strategy The Shire of Halls Creek Local Planning Strategy identified expansion of the hotel site for tourism and tourist associated use as one of the strategies to encourage the development of tourist accommodation and activities in Halls Creek townsite. The proposed rezoning is therefore consistent with the local planning strategy. Town Planning Scheme No. 1 The subject land is zoned Public Purposes Reserve Aerodrome in the Shire’s town planning scheme. The proposed amendment to the Scheme is therefore required to bring the zoning into line with the Strategy and the Council endorsed existing and future use of the land.

Policy Implications:

There are no specific policies that relate to the proposal.

Financial Implications:

Advertising of the amendment and gazettal will cost in the region of $500. While not stated explicitly in the February 2005 minutes, it appears that the intention was for the Shire to undertake the Scheme amendment as part of the sale of the land. It is therefore considered that the Shire should bear the amendment processing costs. Consultation: The amendment was advertised for 44 days from 20 August 2008 until 3 October 2008 by placing an advertisement in the West Australian newspaper and notification at the Shire offices. The appropriate service agencies were also advised by letter.


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Two submissions have been received, one from the Department of Water and the other from Water Corporation. Neither objected to the proposed amendment although the Water Corporation did raise some water and sewer issues that need to be addressed at the subdivision stage. The submissions are detailed in the attached Schedule with an officer recommendation to note the submissions. Amendment Process: Once Council resolves to adopt the amendment for final approval, the documents will be forwarded to the WA Planning Commission who will consider the amendment and recommend the Minister either grants or refuses final approval. Once the Minister grants final approval to the amendment it is gazetted and the Town Planning Scheme modified accordingly.

Summary / conclusions: The subject land was sold by the Shire in 2005 to the owner of the adjacent hotel with the intention of expanding the hotel facilities, in line with the Local Planning Strategy. The need to rezone the land via a Scheme amendment was identified at the time but has not been carried out. The proposed amendment would therefore redress the above and bring the zoning of the subject land in line with existing and future development, including development that has already received Shire planning approval. The amendment has been advertised and received no objections. It is therefore recommended that the Council grant final approval to the proposed amendment. Officer’s Recommendation: That: 1. Amendment 13 be adopted for final approval, pursuant to section 87 of the

Planning and Development Act 2005 and Regulation 17(2) of the Town Planning Regulations 1967;

2. A copy of the Schedule of Submissions be forwarded to the Western Australian

Planning Commission, pursuant to Regulation 17(1) of the Town Planning Regulations 1967;

3. Three copies of the signed and sealed amendment documents be forwarded to the

Western Australian Planning Commission for the Minister's final approval pursuant to Regulation 22(1) of the Town Planning Regulations 1967; and

4. The Honourable Minister for Planning be requested to grant final approval to

Amendment 13 of Town Planning Scheme No. 1. Voting Requirement: Simple Majority


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Attachment 1 – Site location


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Attachment 2 – Scheme Map Changes


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Portion of Lot 9000 Bridge Street (Aerodrome) to Residential

Proponent: Shire of Halls Creek Location: Lot 9000 Bridge Street, Halls Creek Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008



To consider granting final approval to the proposed amendment to the town planning scheme to rezone a further portion of Lot 9000 Bridge Street from Public Purposes Reserve Aerodrome to Residential R15/40. (See Attachment 1 for site location). Applicants Submission:

The Amendment is proposed by Landcorp and Shire officers to rezone land adjacent to the existing Bridge Street residential development to allow future expansion of the subdivision. Background:

Strategy The Shire of Halls Creek Local Planning Strategy identified the subject land as Land surplus to airport operational requirements fronting Bridge Street was rezoned in January 2007 (via Scheme Amendment 9) to provide residential land to meet the growing demand for housing in Halls Creek townsite.

Subdivision approval was granted in 2006 and construction of 27 lots completed mid 2007. All lots have been acquired, including 8 sold to the general public. Dwellings are currently being constructed on a number of the lots.

Some 47 lots were initially proposed. Twenty however are within the buffer zone of the airport non-directional beacon (NDB) and cannot be developed until the beacon is relocated. Landcorp is currently negotiating with Air Services Australia over its relocation.

The initial 47 lot subdivision only partially utilises the land that would be freed up with the relocation of the beacon and there is also the potential for limited expansion to the west and south.

The land the subdivision would expand into is currently zoned Public Purpose Reserve – Aerodrome. A Scheme amendment to rezone the land was presented to the Council on 18 June 2008. Council resolved to:

1. Rezone portion of Lot 9000 Bridge Street from Public Purposes Reserve Aerodrome to Residential R15/40.


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2. Rezone portion of Lot 9002 Bridge Street from Residential R15/40 to Public Purpose Reserve Aerodrome.

3. Amend the Scheme maps accordingly.

The proposed re-zonings are shown on Attachment 1.



Local Planning suitable for low to medium density residential development. Whilst the area shown on the local planning strategy map reflects the current residential zoning, this was due to the constraints of the airport beacon buffer.

Relocation of the beacon would remove this constraint and allow future expansion of the residential area, in line with the Strategy’s objective of providing an adequate supply of low and medium density residential land. The proposed rezoning is therefore consistent with the local planning strategy. Town Planning Scheme No. 1 The subject land is zoned Public Purposes Reserve Aerodrome in the Shire’s town planning scheme. The proposed amendment to the scheme is therefore required to allow residential development to proceed. It also provides an opportunity to rezone land currently zoned residential that cannot be developed back to its former zoning of Public Purposes Reserve Aerodrome. Policy Implications:

There are no specific policies that relate to the proposal. Financial Implications:

Advertising of the amendment and gazettal will cost in the region of $500. It is proposed that Landcorp meets these costs. There should therefore be no financial imposition on the Shire. Consultation: The amendment was advertised for 44 days from 20 August 2008 until 3 October 2008 by placing an advertisement in the West Australian newspaper and notification at the Shire offices. The appropriate service agencies were also advised by letter. Two submissions have been received, one from the Department of Water and the other from Water Corporation. Neither objected to the proposed amendment although the Water Corporation did raise some water and sewer issues that need to be addressed at the subdivision stage. The submissions are detailed in the attached Schedule with an officer recommendation to note the submissions.


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Modifications to Amendment: Following discussions with Landcorp, the area proposed to be rezoned has been modified as shown on Attachment 2 to maximise the benefits of relocation of the beacon and to prevent odd shaped, un-useable land parcels being created. The extended area potentially includes the old airport manager’s house. The final boundaries of the residential zone will be determined during the subdivision design stage where issues such as whether or not to include the airport manager’s house land within the residential subdivision will be resolved. The intent of the expanded rezoning is to ensure that sufficient land is initially zoned to minimise possible constraints on the subdivision design. The residential density (R) coding for the expanded area has also been changed from R15/R40 to R20/R40. This is to maximise the yield of the expansion, with blocks of 500m2 to 600m2 allowing a single dwelling at R20 or two group dwellings at R40. This is consistent with the design of the already constructed section of the subdivision, (Stage 1) where most blocks are between 500m2 and 600m2. However, Stage 1 is zoned R15/R40, meaning that blocks for single houses should be at least 670 m2 in area. This discrepancy will need to be addressed by a further scheme amendment. It is proposed to do this once the full subdivision is completed, where any other minor changes to zonings, if required, can also be undertaken. Amendment Process: Once Council resolves to adopt the amendment for final approval, the documents will be forwarded to the WA Planning Commission who will consider the amendment and recommend the Minister either grants or refuses final approval. Once the Minister grants final approval to the amendment it is gazetted and the Town Planning Scheme modified accordingly. Summary / conclusions:

The existing Bridge Street residential subdivision is currently constrained by the airport non-directional beacon (NDB), with 20 of the proposed 47 lots within the NDB buffer and unable to be developed.

Landcorp is negotiating the relocation of the NDB with Air Services Australia. Once relocated, there will be the opportunity to further expand the subdivision beyond the initially proposed 47 lots.

The subject amendment proposes rezoning surplus airport land to facilitate the future expansion of the residential subdivision, thereby providing much needed residential land in Halls Creek.


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The amendment has been advertised and received no objections. It is therefore recommended that the Council grant final approval to the proposed amendment.

Officer’s Recommendation: That:

1. Amendment 14 be adopted for final approval, pursuant to section 87 of the Planning and Development Act 2005 and Regulation 17(2) of the Town Planning Regulations 1967;

2. A copy of the Schedule of Submissions be forwarded to the Western

Australian Planning Commission, pursuant to Regulation 17(1) of the Town Planning Regulations 1967

3. Three copies of the signed and sealed amendment documents be forwarded to

the Western Australian Planning Commission for the Minister's final approval pursuant to Regulation 22(1) of the Town Planning Regulations 1967; and


Amendment 14 of Town Planning Scheme No. 1 with modifications. Voting Requirement: Simple Majority

Attachment 1 - Site Location / Scheme Map (As advertised)


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Attachment 2 - Scheme Map (With proposed modifications to advertised)


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Amendment No. 14 to Shire of Halls Creek Town Planning Scheme No. 1

Schedule of Submissions

Submitter Submission Officer Response Officer Recommendation to Council

Submission 1 Department of Water PO Box 625

Kununurra WA 6743

The Department of Water commented jointly on Amendments 13, 14 & 15 as follows: The Department of Water has no objection to the proposed amendments and would like to offer the following advice:

1. The subject areas are located within the Ord and Tributaries Surface Water Area and the Canning-Kimberley Groundwater Area proclaimed under the Rights in Water and Irrigation Act, 1914. Therefore, if there is a requirement for groundwater on the property, application should be made to the Department of Water for a licence. Licences, if granted, may contain conditions on the sustainable use of water.

2. Any future development on the property will need to

manage storm water run-off appropriately. The stormwater management system should be designed in accordance with the guidelines contained in the Stormwater Management Manual for Western Australia (Department of Water 2004 – 2007) and the Decision Process for Stormwater Management (Department of Environment, 2005).

1. Noted. The site is served by the town’s reticulated water supply.

2. Noted Stormwater issues will be addressed at the subdivision stage.

1. Note

2. Note


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Submission 2 Water Corporation PO Box 84 Karratha WA 6714

The Water Corporation commented jointly on Amendments 13, 14 & 15 as follows: The Water Corporation has examined the proposed amendments and provides the following comments:

1. No infrastructure owned by Water corporation will be impacted by this proposal

2. All three areas are within the Water Corporation’s water

and sewer operating licence areas.

3. There are water and sewer pipelines adjacent to all three areas. However water and sewer reticulation engineering assessment and design will be required (especially for the area covered by Amendment 14), and upgrades may be necessary.

4. Note that the Halls Creek Water Supply is reaching

capacity and the Water Corporation is currently undertaking new source planning. Any new development needs to be urgently referred to Water Corporation through the land development process for review.

1. Noted.

2. Noted

3. Noted Will be addressed during the subdivision design stage.

4. Noted Shire officers are in discussions with Water Corporation over finding a new source . Landcorp will be requested to discuss water supply issues with Water Corporation during the subdivision design stage.

1. Note 2. Note 3. Note 4. Note


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Surplus police land in Roberta Ave to Residential R40

Proponent: Shire of Halls Creek Location: Part Lot 68 Roberta Ave and Lot 409 Moyle Cr, Halls

Creek Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008



To consider granting final approval to the proposed amendment to the town planning scheme to rezone surplus police land behind the police station to residential. (See attachment 1 for site location). Applicants Submission:

The Amendment is proposed by Landcorp following negotiations with the WA Police Department to rezone land surplus to the Police Department’s operation requirements. Background:

The police administration building and police housing are situated in the southern part of Lot 68, fronting Great Northern Highway. Together they occupy approximately one third of the lot.

Discussions between Landcorp and the Police Department have confirmed that the most of the currently vacant (rear) portion of Lot 68, and the adjacent small lot (Lot 409), are surplus to police requirements. Approximately 50 percent of the total area is available for redevelopment.

The local planning strategy identified this vacant land as suitable for residential use, should it be surplus to police requirements, as has now been confirmed.

A Scheme amendment to rezone the land was presented to the Council on 18 June 2008. Council resolved to:

1. Rezone portion of Lot 68 Roberta Avenue from Public Purposes Reserve Police Purposes to Residential R40.

2. Rezone Lot 409 Moyle Court from Public Purposes Reserve Police Purposes to Residential R40.

3. Amend the Scheme maps accordingly.

The proposed re-zonings are shown on Attachment 1.



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Local Planning Strategy The Shire of Halls Creek Local Planning Strategy identifies the subject land as suitable for low to medium density residential development. One of its residential strategies is to:

• Facilitate residential development on ….land to the rear of the police station.

The proposed R40 zoning is consistent with that of the new Bridge Street subdivision and the proposed zoning for Lot 434 Wellman Road. It is considered appropriate for lots close to the town centre. The proposed rezoning is therefore consistent with the local planning strategy. Town Planning Scheme No. 1 The subject land is zoned Public Purposes Reserve Police Purposes in the Shire’s town planning scheme. The proposed amendment to the Scheme is therefore required to allow residential development to proceed. Policy Implications:


Advertising of the amendment and gazettal will cost in the region of $500. It is proposed that Landcorp would meet these costs. There should therefore be no financial imposition on the Shire. Consultation: The amendment was advertised for 44 days from 20 August 2008 until 3 October 2008 by placing an advertisement in the West Australian newspaper and notification at the Shire offices. The appropriate service agencies and surrounding land owners were also advised by letter. Two submissions have been received, one from the Department of Water and the other from Water Corporation. Neither objected to the proposed amendment although the Water Corporation did raise some water and sewer issues that need to be addressed at the subdivision stage. The submissions are detailed in the attached Schedule with an officer recommendation to note the submissions. Amendment Process: Once Council resolves to adopt the amendment for final approval, the documents will be forwarded to the WA Planning Commission who will consider the amendment and recommend the Minister either grants or refuses final approval. Once the Minister


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grants final approval to the amendment it is gazetted and the Town Planning Scheme modified accordingly.

Summary / conclusions:

The WA Police Department has advised DPI State Land Services that most of the vacant police land is surplus to its requirements. This land was identified in the local planning strategy as suitable for low to medium density residential. The land has services running directly past it and could be developed quickly and at relatively low cost.

The subject amendment proposes rezoning this surplus land to residential R40, thereby providing much needed residential land in Halls Creek town site.

The amendment has been advertised and received no objections. It is therefore recommended that the Council grant final approval to the proposed amendment.

Officer’s Recommendation: That:

1. Amendment 15 be adopted for final approval, pursuant to section 87 of the Planning and Development Act 2005 and Regulation 17(2) of the Town Planning Regulations 1967;

2. A copy of the Schedule of Submissions be forwarded to the Western

Australian Planning Commission, pursuant to Regulation 17(1) of the Town Planning Regulations 1967

3. Three copies of the signed and sealed amendment documents be forwarded to

the Western Australian Planning Commission for the Minister's final approval pursuant to Regulation 22(1) of the Town Planning Regulations 1967; and


Amendment 15 of Town Planning Scheme No. 1.

Voting Requirement: Simple Majority


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Attachment 1 - Site Location / Scheme Map


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Amendment No. 15 to Shire of Halls Creek Town Planning Scheme No. 1 Schedule of Submissions


Submission 1 Department of Water PO Box 625 Kununurra WA 6743

The Department of Water commented jointly on Amendments 13, 14 & 15 as follows: The Department of Water has no objection to the proposed amendments and would like to offer the following advice:

1. The subject areas are located within the Ord and Tributaries Surface Water Area and the Canning-Kimberley Groundwater Area proclaimed under the Rights in Water and Irrigation Act, 1914. Therefore, if there is a requirement for groundwater on the property, application should be made to the Department of Water for a licence. Licences, if granted, may contain conditions on the sustainable use of water.

2. Any future development on the property will need to manage

storm water run-off appropriately. The stormwater management system should be designed in accordance with the guidelines contained in the Stormwater Management Manual for Western Australia (Department of Water 2004 – 2007) and the Decision Process for Stormwater Management (Department of Environment, 2005).

1. Noted. The site is served by the town’s reticulated water supply.

2. Noted Stormwater issues will be addressed at the subdivision stage.

1. Note

2. Note


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Submission 2 Water Corporation PO Box 84 Karratha WA 6714

The Water Corporation commented jointly on Amendments 13, 14 & 15 as follows: The Water Corporation has examined the proposed amendments and provides the following comments:

1. No infrastructure owned by Water corporation will be impacted by this proposal

2. All three areas are within the Water Corporation’s water and

sewer operating licence areas.

3. There are water and sewer pipelines adjacent to all three areas. However water and sewer reticulation engineering assessment and design will be required (especially for the area covered by Amendment 14), and upgrades may be necessary.

4. Note that the Halls Creek Water Supply is reaching capacity and

the Water Corporation is currently undertaking new source planning. Any new development needs to be urgently referred to Water Corporation through the land development process for review.

1. Noted.

2. Noted

3. Noted Will be addressed during the subdivision design stage.

4. Noted Shire officers are in discussions with Water Corporation over finding a new source . Landcorp will be requested to discuss water supply issues with Water Corporation during the subdivision design stage.

1. Note 2. Note 3. Note 4. Note


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Item Number: 10.1.5 Subject: Planning Application – Group Dwellings Proponent: Mike Sear Location: Lot 79 Great Northern Highway, Halls Creek Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008



To consider a planning application for two group dwellings on Lot 79 Great Northern Highway. Site Location: Lot 79 Great Northern Highway is located on the southern side of the Highway in Halls Creek town centre. It is surrounded by retail / town centre uses. Lot 79 is 1040 m2 in area.

Planning Application:

The proponent submitted an application on 2 October 2008 for planning approval to construct two group dwellings at first floor level on Lot 79 Great Northern Highway. The accommodation is intended primarily to house employees of the proposed businesses on the site.


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Group dwellings are an AA use in the town centre zone, ie. applications can be approved at the discretion of the Council. The application has therefore been referred to the Council for its consideration and resolution.

Background:

The proponent was granted planning and building approval in March 2005 for commercial premises consisting of a bakery, offices and retail shop with upstairs caretaker’s premise.

The building was not completed within the two year timeframe of the approvals and the former EMRS issued an instruction to cease construction on 12 September 2007.

A second building licence was submitted on 31 October 2007. There is no record that approval was granted but construction has recommenced. The proponent has advised that the former EMRS gave permission to recommence. Shire officers are is discussion with the proponent to sort out the above building issues.

The proponent has now applied for approval to convert the proposed first floor residential area into two smaller two bedroom residential units. No increase in the total floor area is proposed.

The previously approved residential layout is shown on Attachment 1, with the proposed two group dwelling layout on Attachment 2.


Local Planning Strategy The Shire of Halls Creek Local Planning Strategy states that one of its strategies for the town centre is to:

• Facilitate the development of residential accommodation in association with

commercial uses, particularly on the upper floor of buildings.

The proposed group dwellings are consistent with this strategy. Town Planning Scheme No. 1 The subject lot is within the town centre zone in the Shire’s town planning scheme. Group dwellings are an AA use that can be approved at the discretion of the Council. The town centre objectives within the Scheme are: To zone adequate land for the continued development of a main commercial and community facility centre for the town; To apply appropriate development and land use controls to ensure the development is to a satisfactory standard. Clause 5.7.2 of the Scheme states, for the town centre zone, that:


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5.7.2 Upper Floors Where the ground floor of a two-storey building is used for the purpose of commerce, the upper floors of such building may be used for such purposes as may be permitted by Council and may include shops, offices or residential development. Residential uses in such circumstances are to be confined to the upper storey only. Clause 5.7.5 of the Scheme states that: Residential accommodation within the Town Centre Zone shall conform to the standards prescribed for the Residential Zone and the provisions of the R50 code. The R50 coding means that there can be no more than 1 dwelling per 180m2 of site area. Lot 79 is 1040m2, implying that up to 5 dwellings could be constructed under the R50 coding. Two dwellings only are proposed. The proposal for two first floor dwellings is therefore consistent with the Town Planning Scheme. Policy Implications:

There are no specific policies that relate to the proposal.

Financial Implications:

The planning application fee of $200 has been paid.

Consultation:

Group dwellings are an AA use in the town centre. There is no requirement under the Scheme for planning applications for AA uses to be advertised. No consultation has therefore taken place.

Summary / Conclusions:

The proponent was granted planning and building approval in March 2005 for commercial premises consisting of a bakery, offices and retail shop with upstairs caretaker’s premise.

Construction has not been completed and discussions are proceeding between the proponent and Shire officers to address outstanding building issues.

The proponent has applied for approval to convert the proposed first floor residential area into two smaller two bedroom residential units. No increase in the total floor area is proposed.

The proposal is consistent with both the local planning strategy and the town planning scheme. The housing is intended primarily for employees of the proposed businesses on the site. It would aid in attracting employees to the town and increase the viability of the businesses. It would assist, in a small but not insignificant way, in addressing the shortage of housing in Halls Creek.


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It is recommended that the planning application be approved.

Officer’s Recommendation: That Mike Sear be granted planning approval for the use and development of Lot 79 Great Northern Highway for two group dwellings, subject to the following conditions:

1. All development shall occur in accordance with the submitted plans unless otherwise required or directed by the following conditions. Any modifications to the proposed development must be submitted to Council for re-assessment and issuance of a revised planning approval.

2. Obtain a building licence prior to commencement of construction. 3. Compliance with all Council's health requirements, including, but not limited to,

connection to the deep sewerage reticulation system. 4. Compliance with all the requirements of the appropriate Statutory Authorities. 5. During construction stage adjoining lots are not to be disturbed without the

consent of the owner/s in writing. 6. No development shall occur that will cause additional runoff of stormwater to

adjacent properties. Stormwater from runoff and any sealed areas should be mechanically directed into Council’s stormwater system or disposed of onsite. Stormwater shall not be permitted to pond on the site or against any building or structure.

7. The site is to be landscaped to the satisfaction of Council. 8. A minimum of two parking spaces per dwelling shall be provided on site in

addition to the parking required for the other uses on site. 9. Driveways shall be constructed, sealed and drained to the satisfaction of Council. Voting Requirement: Simple Majority

Attachment 1 - Caretaker’s Dwelling layout (Previous approval)


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Attachment 2 - Proposed Two Group Dwellings


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Item Number: 10.1.6 Subject: Planning Application – Residential Building Proponent: Shire of Halls Creek Location: Lot 161 Darcy Street, Halls Creek Reporting Officer: Gary McCarney File Number: Meeting Date of Council: 16 October 2008



To consider a planning application to convert the existing hall into a residential building to house up to 11 residents in “hostel style” accommodation. Site Location: Lot 161 is located on the southern side of Darcy Street. It is 1250m2 in area.


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Planning Application:

The Shire submitted an application on 6 October 2008 for planning approval to convert the hall building on Lot 161 Darcy Street into a nine bedroom residential building to house up to 11 residents. An indicative layout is shown on Attachment 1. The lot is zoned as a Public Purpose Reserve – Scout Hall in the Scheme. The proposed change of use has therefore been referred to the Council for determination.

Background:

At the Council meeting on 15 May 2008, the CEO presented an item on possible housing projects for 2008/09 (Item No. 10.5.4). These included a proposal to convert the existing building on Lot 161 Darcy Street into single persons quarters, primarily for Shire employees and others such as consultants working for the Shire.

The June report advised that the lot was a crown reserve vested in the Shire for the purpose of Hall, with the intended use being for Girl Guides. It is understood that it is a long time since it has been used for that purpose.

Council resolved that a request should be made to the Department of Infrastructure State Lands Services to change the purpose to “Local Government Purposes” that would give greater flexibility in the use of the site, including the proposed single persons quarters.

The Council also resolved that, although the hall had not been used by the Girl Guides, the Girl Guides Association should be approached regarding the proposal. This has been done and the Association advised that it had no objections to the change of use.

Planning approval is now being sought for the proposal.


Local Planning Strategy The Shire of Halls Creek Local Planning Strategy has a number of strategies for community uses within the town site including:

• Protect the continued development of community facilities by discouraging

incompatible land uses from being developed on Public Purposes reserved

land

The proposed change from hall to residential building could potentially be considered as contrary to this strategy. However, the existing hall structure would be essentially retained, the development being primarily a reconfiguration of the internal layout. The proposed development would therefore not preclude the re-use of the site and building for community purposes if so required some time in the future. Town Planning Scheme No. 1 The subject lot is zoned Public Purpose Reserve – Scout Hall in the Shire’s town planning scheme. The Scheme generally requires reserve land to be used for the purpose to which is reserved. The Scheme also states, (in Clause 2.2), that:


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Where an application for planning consent is made with respect to land within a

Reserve, the Council shall have regard to the ultimate purposes intended for the

Reserve…

It is unclear exactly what is meant by this clause as it is difficult to say what the ultimate purpose intended for any reserve might be. The clause seems to imply that purposes other than the current Scheme purpose can be considered. The current Scheme purpose of Scout Hall is a very narrow one and one that would technically exclude any use other than by the Scouts. A more appropriate purpose type, and one consistent with recent uses of the hall, would be “Community Purposes”. This would also be consistent with the recent change by the DPI in the crown reserve use to “Local Government Purposes”. The proposed use of the building to house Council employees could be considered as a “local government purpose” and as those staff would primarily be providing community services, it could also be considered as a “Community Purpose”. It is therefore considered that the proposal is consistent with the general intent of the reserve purpose within the Scheme although it does not strictly conform to the very narrow purpose of Scout Hall.



The planning application fee of $200 has been paid. Consultation: Residential buildings are designated as AA uses in the town centre and residential zones under the Scheme. It is therefore considered appropriate to also consider the proposed residential building on the subject site as an AA use. There is no requirement under the Scheme for planning applications for AA uses to be advertised. No consultation has therefore taken place. Summary / Conclusions:

At the Council meeting on 15 May 2008, the Council resolved to support a proposal to convert the existing building on Lot 161 Darcy Street into single person’s quarters.

The lot is a crown reserve vested in the Shire for the purpose of Hall and is zoned Public Purpose Reserve – Scout Hall in the town planning scheme. DPI State Lands Services has changed the reserve purpose to “Local Government Purpose” and the Girl Guides Association has advised that it has no objections to the proposal. The Shire submitted an application on 6 October 2008 for planning approval for the proposal, classified as a residential development under the Scheme. The use is not consistent with the sites reserve purpose of Scout Hall and has been referred to Council for determination.

The proposed use of the building to house Council employees could be considered as a “local government purpose” and as those staff would primarily be providing community services, it could also be considered as a “Community Purpose”.


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It is therefore considered that the proposal is consistent with the general intent of the reserve purpose within the Scheme although it does not strictly conform to the very narrow purpose of Scout Hall.

The existing hall structure would be essentially retained, the development being primarily a reconfiguration of the internal layout. The proposed development would therefore not preclude the re-use of the site and building for community purposes if so required some time in the future.

The proposal would address the severe shortage of housing for Shire employees and provide short term accommodation for consultants and others working for the Shire.

It is therefore recommended that the planning application be approved.

Officer’s Recommendation: That planning approval be granted to Shire of Halls Creek for the use and development of Lot 161 Darcy Street for a Residential Building, subject to the following conditions:

1. All development shall occur in accordance with the submitted plans unless otherwise required or directed by the following conditions. Any modifications to the proposed development must be submitted to Council for re-assessment and issuance of a revised planning approval.

2. Obtain a building licence prior to commencement of construction. 3. The residential building shall accommodate a maximum of 15 persons. 4. Compliance with all Council's health requirements, including, but not limited to,

connection to the deep sewerage reticulation system 5. Compliance with all the requirements of the appropriate Statutory Authorities. 6. During construction stage adjoining lots are not to be disturbed without the

consent of the owner/s in writing. 7. No development shall occur that will cause additional runoff of stormwater to

adjacent properties. Stormwater from runoff and any sealed areas should be mechanically directed into Council’s stormwater system or disposed of onsite. Stormwater shall not be permitted to pond on the site or against any building or structure:

8. The site is to be landscaped to the satisfaction of Council. 9. A minimum of ten parking spaces shall be provided on site. 10. Driveways shall be constructed, sealed and drained to the satisfaction of Council.

Voting Requirement: Simple Majority


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Attachment 1 - Residential Dwelling Indicative Layout


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10.2 EXECUTIVE MANAGER COMMUNITY SERVICES’ REPORT

Item Number: 10.2.1 Subject: Facility Grant Applications Proponent: Halls Creek District High School Location: Recreation Centre Reporting Officer: Executive Manager Community Services Meeting Date of Council: 16 October 2008

Declaration of Financial Interest: Nil Matter for Consideration To approve the facility grant application of the Halls Creek District High School for use of the Recreation Centre on specific days and at specific times to support the needs of young people in our community. Background: An earlier proposal was put to Council in May 2008 when the Halls Creek District High School requested free use of the Halls Creek Recreation Centre during the following timeslots: Monday and Wednesday from 12 noon to 3.15 pm Tuesday and Thursday from 1.20 to 3.15 pm Friday from 8 am until 12 noon The school has undertaken a change in school attendance whereby the curriculum is now provided over four days instead of five. The aim was to increase attendance, and evidence has shown that truancy rates have decreased by 20% resulting in less young people being at risk In May 2007 Council moved to support the use of both the Aquatic and Recreation Centre by the Halls Creek District High School free of charge

Comments: The Shire has a good relationship with the High School due largely to efforts of the Youth Services Coordinator. Without the support of the High School, the Youth Coordinator would be unable to provide the range of programs currently available. With the support of ten teachers contributing a total of 38 hours, young people can access home maker type skills, wood work and metal work, deportment and grooming as well as work place activities. A number of teachers have also trained as life guards to ensure we have the people necessary to keep the pool open in the afternoons and on the weekends, as well as providing support on the Friday (at the schools cost) to run aquatic activities. The School does pay for entry into the pool via passes. Policy Implications: NIL

Financial Implications: Value of facility grant at 14 hours per week @ $25.00 per hour is $350 per week. 39 weeks = $13,650.


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The Halls Creek District High School will clean up after each of their activities and agree to leave the venue in the condition that they are found in, therefore there will be no cleaning costs to us. Strategic Implications: Council needs to determine if the ongoing goodwill between the two organisations is more valuable that the revenue involved. This arrangement is a great demonstration that tiers of government can work together.

Officer Recommendations: That: 1. The facility grant application from Halls Creek District High School for

$13,650 2. The Halls Creek District High School be required to pay the Bond of $400 3. The Condition of the recreation centre be monitored to ensure that it is left in

good condition and if not, be made good by the user. 4. All other normal conditions of hire apply. Voting Requirement: Simple Majority

Item Number: 10.2.2 Subject: Community Sporting and Recreation

Facilities Fund Proponent: Kimberley Stampede Rodeo Club Inc Location: Rodeo Grounds Reporting Officer: Executive Manager Community Services Meeting Date of Council: 10 October 2008

Declaration of Financial Interest: Nil Matter for Consideration To support and endorse the Rodeo Club’s application for Community Sporting and Recreation Facilities Fund (CSRFF) as a priority, considering its importance to the wider community. Background: The Kimberley Stampede Rodeo Club’s facilities off Duncan Road have been unable to advertise and promote their grounds for community use because of the state of disrepair. The Rodeo Club’s facilities are required by both local people and people outside our area for its ability to house a large contingent of people and animals. The Club has been working towards replacing the current facility for some time and has consulted with the Department of Sport and Recreation for funding support.


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Comments: The CSRFF operates on a reimbursement system. Grantees are required to demonstrate that the project is complete and they have expended the funds equivalent to the full cost of the project before CSRFF grants can be paid in full. CSRFF grants are paid to the grantee only. Applicants need to ensure they are able to carry the full cost of the project for the period between project completion and CSRFF grant payment Policy Implications: Nil. Financial Implications: Council has allocated $63,000 in this financial year’s budget to support the cost of replacing the Rodeo Club Facilities. The Rodeo Club has over $100,000 to contribute and the rest will be sought through the CSRFF grant. The Rodeo Club will source a loan to pay all costs up front Strategic Implications: The Rodeo grounds and facility are an important facility in the region and their upgrade will encourage greater use and positive economic impact in the community Officer Recommendations: That Council support and prioritise the Rodeo Club’s application to CSRFF for funds to demolish and rebuild the Club Facility Voting Requirement: Simple Majority EXECUTIVE MANAGER CORPORATE SERVICES’ REPORT

Item Number: 10.3.1 Subject: RATES AND CHARGES-APPROVAL FOR WRITE OFF Reporting Officer: Executive Manager, Corporate Services; Andrea Nunan Meeting Date: 16 October 2008

Declaration of Financial Interest: Reporting Officer: Nil Councillors: Matter for Consideration: Council approval sought for the write-off of rates on various rate assessments. Background: As part of the on-going debt recovery programme, a number of rate assessments have been scrutinised and the outcome of investigations is that the outstanding rates, totalling $6,504.77 are now recommended for write-off. Section 6.12 of the Local Government Act 1995 provides that a Council may write off any amount of money which is owed to the Shire.


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Further, rating provisions in the Local Government Act 1995 provide that adjustments can be made to the rate-book for any charges that have been levied incorrectly or in error. Statutory Environment Local Government Act 1995 (as amended) Policy Implications: Nil Financial Implications: This is a write-off of revenue of $6,504.77 to which Council was never entitled. A provision for debt write-off has been allowed for in the 2008/2009 Annual Budget, which has been adopted by Council. In effect, this is not unbudgeted expenditure. The provisions are adequate to cover this write-off. Interim rates totalling $22,899 has been raised in 2008/2009 (to date), for which the Shire did not budget. This write-off of rates will be offset by the additional income of $22,899 from interim rates on mining tenements. Strategic Implications: Nil. Comments: The following schedule relating to this item details the amount and a brief reason why the rates are deemed uncollectible. Charges were raised incorrectly on tenements after the tenements had been surrendered/expired. In these situations, the charges are not legally collectable, but Council approval is required due to the age of the debt. Rates and charges were also raised on a non-rateable property in error for 2007/2008. Normally, these charges would be adjusted via the interim rates process, but because they relate to a previous financial year, a write-off is required As has been reported to Council previously, the rates recovery action taken in June, July and August of 2008 has proved successful. The arrears from previous years have decreased It is anticipated that almost all rates that are required to be written-off have been written off, and that all rates still recoverable have had action taken against them in some form. Officer’s Recommendation MINU That Council approve the write-off of rates and charges, totalling $6,504.77 as detailed on the following schedule titled “Rates– Approval to Write-off Required October 2008”

Voting Requirement – Absolute Majority


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RATES - APPROVAL TO WRITEOFF REQUIRED

OCTOBER 2008

Assess Property Owner Amount Notes

242 P80/1503

Thundelarra Exploration $ 468.50 Expired 11.08.2003 - Interim rates not adjusted and charges continued to be levied

243 P80/1504 Thundelarra Exploration $ 468.50 Expired 11.08.2003 - Interim rates not adjusted and charges continued to be levied

249 P80/1474 International Goldfield Pty Ltd $ 362.65 Expired 10.12.2008 - Balance represents rates not payable after death date

620 Community Post Office Warmun Community $ 597.28 2007/08 rates raised in error - non rateable property

988 M80/194 Chameleon Mining $ 4,362.74 Expired 20.12.03; this portion not recoverable as relates to period after expiration

3142 E80/3571 Thundelarra Exploration $ 125.03 Expired 05.02.2008; this portion not recoverable as relates to period after expiration

3143 E80/3573 Thundelarra Exploration $ 120.07 Expired 15.02.2008; this portion not recoverable as relates to period after expiration

$ 6,504.77


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Item Number: 10.3.2 Subject: RATES AND CHARGES-APPROVAL FOR WRITE OFF Reporting Officer: Executive Manager, Corporate Services; Andrea Nunan Meeting Date: 16 October 2008

Declaration of Financial Interest: Reporting Officer: Nil Councillors: Matter for Consideration: Council approval sought for the write-off of rates on a 166 John Flynn Street. Background: As part of the on-going debt recovery programme, a number of rate assessments have been scrutinised and the outcome of investigations is that the outstanding rates, totalling $1063.62, are now recommended for write-off. Section 6.12 of the Local Government Act 1995 provides that a Council may write off any amount of money which is owed to the Shire. Further, rating provisions in the Local Government Act 1995 provide that adjustments can be made to the rate-book for any charges that have been levied incorrectly or in error. Statutory Environment Local Government Act 1995 (as amended)

Policy Implications: Nil

Financial Implications: Although this write-off does represent a “lost” cash-flow of $1063.62, a provision for debt write-off has been allowed for in the 2008/2009 Annual Budget, which has been adopted by Council. Strategic Implications: Nil.

Comments: This item has been dealt with separately to the other write-off item, due to the slightly different reason the rate accounts has unpaid rates. Eligible pensioners are entitled to receive a rebate of up to 50% for the Shire land rates and Emergency Service Levy. In effect, the ratepayer contributes 50% of the payment and the Office of State Revenue (OSR) will pay the other 50%. Each year, at 30 June, the Shire is required to submit to OSR the claim for the rebates. As part of the debt recovery programme currently being undertaken, pensioner properties have been audited to investigate the outstanding balances that date back some years.


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For this property, the Shire failed to claim the rebate allowable for 2002, 2003 and 2004. The ratepayer paid the amount required, and the balances for each year (in total $1063.62) should have been claimed from OSR. OSR will generally honour back-claims for rebates provided that relevant documents (including application forms and pension concession cards), but complicating this manner is the fact that the owner is now deceased. The Shire is unable to produce the require documents to allow the rebate to be passed. Ordinarily, any unpaid rates on a property are paid at the time the property is transferred to a new owner, otherwise the debt becomes the new owner’s liability. This would apply if the owner simply had not paid the rates. In this instance, however, the balance is due to the Shires administration error/failure to claim a rebate on behalf of the then ratepayer. It does seem unfair, in this instance, that the liability of the unpaid balance is transferred to the new owner due to the Shire’s error. The Council has allowed the write-off of a similar rates balance on 47 Cox Street (OCM 26 April 2007) that remained unpaid due to the Shire not claiming the rebate entitlement The reporting officer can say for certain that since 2005, all rebates that are allowable have been claimed. Claiming of rebates is part of the ordinary end of financial year process. Officer’s Recommendation MI That Council approve the write-off of rates and charges for 166 John Flynn Street Halls Creek, totalling $1,063.62.

Voting Requirement – Absolute Majority

Item Number: 10.3.3 Subject: ACCOUNTS PAID BY AUTHORITY- SEPTEMBER 2008 Reporting Officer: Executive Manager, Corporate Services; Andrea Nunan Meeting Date of Council: 16 OCTOBER 2008


Nil

Matter for Consideration:

Accounts paid by authority to be noted by Council.


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Regulation 13 of the Local Government (Financial Management) Regulations 1996 provides that a list of all accounts paid by authority of the Chief Executive Officer be presented to Council. This list must include all payments made since the list was last prepared and presented to Council. The Chief Executive Officer has been given delegated authority to make payment from the municipal and trust accounts, as per the Shire of Halls Creek Delegation Register, Delegation Number 24. The list of payments made by authority for September 2008 is hereby presented to Council. Strategic Implications:

Nil


All payments made in accordance with adopted Council policy and delegations Financial Implications:

Out-flow of cash for September 2008, totalling $672,447.92 Comments:

Creditor payments for the month of August 2008 comprised as follows: Bank Account Type Numbers Amount Municipal Cheque&EFT As per schedule $536,493.49 Trust Cheque&EFT As per schedule $ 25,065.05 Municipal Payroll $110,889.38 TOTAL $672,447.92 The following schedules provide full details for the above summary.

Officer’s Recommendation: That the accounts paid by authority for the month of September 2008 totalling $672,447.92, as detailed on the following schedules entitled Schedule of Sundry Creditor Accounts Paid by Authority 01/09/2008-30/09/2008” and “Schedule of Trust Creditor Accounts Paid by Authority 01/09/2008-30/09/2008” be noted and accepted by Council. Voting Requirement:

Simple majority


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SCHEDULE OF SUNDRY CREDITORS ACCOUNTS PAID BY AUTHORITY 01/09/2008-30/09/2008

Chq/EFT Date Name Description Amount EFT2513 03/09/2008 DANNY CALWYN GRADER HIRE PO31496 CONSTRUCTION GORDON DOWNS

AND DUNCAN RD -38016.00

39 03/09/2008 DANNY CALWYN GRADER HIRE PO31496 MTC DUNCAN HWY 38016.00 EFT2514 03/09/2008 BP CLEMENTSON ST & BROOME AG PO 31864 TOYOTA UTILITY TO

BROOME,BACK FOR COURSE -142.63

349606 03/09/2008 BP CLEMENTSON ST & BROOME AG PO31864 FUEL FROM HALLS CREEK - BROOME AND BACK

142.63

EFT2515 03/09/2008 TOLL EXPRESS PERIOD END 10/08/08 FREIGHT -414.30 923950 27/08/2008 TOLL EXPRESS PO31464 STEEL FROM METALLAND CON

4427145757 414.30

EFT2516 03/09/2008 MARKET CREATIONS WEBSITE CONTRACT -AUGUST -264.00 G149-4 29/08/2008 MARKET CREATIONS WEBSITE CONTRACT MONTH 2 - AUGUST 264.00 EFT2517 03/09/2008 HALLS CREEK TRADING POST

(CURRENT) PO30940 FINAL PAYMENT FOR A/C IN ADMIN BUILDING

-7663.30

752 27/08/2008 HALLS CREEK TRADING POST (CURRENT)

PO31940 CONNECT LEAD AND LABOUR 121.00


PO31919 FIT LEAD TO NEW BORE PUMP AND LABOUR

137.50


PO31945 CHECK A/C UNIT IN ROLLER 1647.80


PO30940 FIINAL CLAIM FOR INSTALL A/C IN ADMIN

3608.70


PO31568 ELECTRICAL WORK IN OFFICE 2148.30

EFT2518 03/09/2008 TAYLOR'S STORE PO 31854 PURCHASE FOR ANIMAL DISPOSAL -637.75 44 27/08/2008 TAYLOR'S STORE PO31719 1 PAIR WORK BOOTS 150.00 46 27/08/2008 TAYLOR'S STORE PO31722 1 PAIR STUBBIES WORK PANTS 49.95 38 27/08/2008 TAYLOR'S STORE PO31725 1 DECK CHAIR 36.80 41 02/09/2008 TAYLOR'S STORE PO 31854 22 MAGNUM 10 PACKETS 401.00 EFT2519 03/09/2008 LANDGATE (VALUATION SERVICES) VALUATION EXPENSES -505.46 232323 - 10000949

01/09/2008 LANDGATE (VALUATION SERVICES) GRV INT VALS CTRY SHD AND FESA 0 - 10000 475.16


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Chq/EFT Date Name Description Amount 232215 – 10000949

01/09/2008 LANDGATE (VALUATION SERVICES) MINING TENEMENTS CHARGEABLE 30.30

EFT2520 03/09/2008 OFFICE MAX PO31957 STATIONARY ORDER -374.86 162137869 26/08/2008 OFFICE MAX PO31957 STATIONARY FOR OFFICE 374.86 EFT2521 03/09/2008 ALBA-LUZ BROCKIE CONTRACT EMPLOYMENT 16 - 29 AUGUST -4659.02 26/08/08 28/08/2008 ALBA-LUZ BROCKIE 26/08/08 MEALS 135.80 19 03/09/2008 ALBA-LUZ BROCKIE CONTRACT FROM 16 - 29 AUGUST 4400.00 29/08/08 03/09/2008 ALBA-LUZ BROCKIE FUEL 123.22 EFT2522 03/09/2008 WUNAN FOUNDATION INC SPONSORSHIP EAST KIM. ABORIGINAL

ACIEVMENT AWARD -2750.00

1979 28/08/2008 WUNAN FOUNDATION INC SPONSORSHIP EAST KIM. ABORIGINAL ACIEVMENT AWARD

2750.00

EFT2523 03/09/2008 E-QUAL Disability Consultants PO30645 FINAL INSTALLMENT DISABILTY ACCESS

-8736.98

7490 18/08/2008 E-QUAL Disability Consultants PO30645 PRESENTATION TO COUNCIL 8736.98 EFT2524 03/09/2008 VISIT MERCHANDISE PO31212 BACKORDER -2107.44 64083 29/08/2008 VISIT MERCHANDISE PO31212 BACKORDER FOR CAPS 1225.35 64193 03/09/2008 VISIT MERCHANDISE PO31212 BACKORDER MAGNETS 205

RUSSIAN JACK 882.09

EFT2525 03/09/2008 JOANNE GODFREY HOLIODAY ACTIVITIES FOR YOUTH SERVICES

-189.45

07/08/08 28/08/2008 JOANNE GODFREY 070808 YOUTH SERVICES FOOD 189.45 EFT2526 03/09/2008 Ord River Transport PO31495 CEMENT FOR THE TANAMI -4565.55 2917 03/09/2008 Ord River Transport PO321495 20 BAGS CEMENT 4565.55 EFT2527 03/09/2008 Janine Hinton RECRUITMENT EXPENSES -101.00 22/08/08 25/08/2008 Janine Hinton 22/8/8 CHILD ASSESS CHECK WORKING WITH

CHILDREN 101.00

EFT2528 03/09/2008 Hells Crack Electrical REPAIRS TO PO31648 -1820.56 153 27/08/2008 Hells Crack Electrical PO31648 123B ROBERTA AVE RENEW

EXHAUST FAN 1127.90

154 27/08/2008 Hells Crack Electrical PO 31631 WIRE INSTALL 2 SECURITY LIGHTS 692.66 EFT2529 03/09/2008 Complete Aerodrome Training PO31290 TRAINING COURSE STAFF -8651.21 1 25/08/2008 Complete Aerodrome Training PO31290 3DAY TRAINING COURSE FACE -

FACE 8651.21

EFT2530 03/09/2008 Chris Seton EXPENSES FOR ANIMAL HEALTH -123.40 210808 26/08/2008 Chris Seton 21ST/AUGUST/08 XYLAZIL 100MG 123.40 EFT2531 03/09/2008 WESTRAC PO31917 PARTS FOR CATERPILLAR GRADER -1429.80


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Chq/EFT Date Name Description Amount 12H

PI 4482036 25/08/2008 WESTRAC PO31917 2 2G-6595 G VALVE 80.17 PI4479785 25/08/2008 WESTRAC PO31917 2X HANDLE ASSEMBLY 562.30 PI 4503520 01/09/2008 WESTRAC PO32051 10 X TOOTH SCARIFIER 227.48 PI 4503518 01/09/2008 WESTRAC PO31646 PARTS 150.00 PI 4503519 01/09/2008 WESTRAC PARTS 4 X 8Y-4620 230.91 PI 4503522 01/09/2008 WESTRAC PO32057 HOSE ASSAEMBLY 98.60 PI 4503521 01/09/2008 WESTRAC PO32057 HOSE ASSEMBLY 80.34 EFT2532 03/09/2008 HALLS CREEK OUTBACK FRESH Payroll deductions -387.87 DEDUCTION 26/08/2008 HALLS CREEK OUTBACK FRESH Payroll Deduction for CHRISTOPHER MURPHY

26/08/2008 387.87

EFT2533 03/09/2008 J BLACKWOOD & SON PO31912 PARTS FOR DEPOT OPERATION -847.74 KMAF5053 02/09/2008 J BLACKWOOD & SON PO31912 3 X HELLA BULB 1719 847.74 EFT2534 03/09/2008 BAZ INDUSTRIES PO31415 REPAIRS TO TOYOTA TROOP

CARRIER -242.00

28855 28/08/2008 BAZ INDUSTRIES CHECK FAN BELT, REPAIR INDICATOR 242.00 EFT2535 03/09/2008 WESTERN AUSTRALIAN LOCAL GOVNT

ASSOC. PO31862 TOWN PLANNING ADVERTISEMENT -680.28

12678546 28/08/2008 WESTERN AUSTRALIAN LOCAL GOVNT ASSOC.

PO31862 TOWN PLANNING ADVERTISEMENT 680.28

EFT2536 03/09/2008 WESTNET PTY LTD ADSL CONNECTION -498.75 10620968 20/08/2008 WESTNET PTY LTD STATIC IP ADDRESS ANNUAL01/08/08 -

08/08/09 55.00

10620984 20/08/2008 WESTNET PTY LTD ANNNUAL SERVICE STATIC IP 01/08/08-01/08/09

55.00

10672375 20/08/2008 WESTNET PTY LTD 01/07/08-01/08/09 ADSL EXCESS 17.35 10841765 20/08/2008 WESTNET PTY LTD 01/08/08 -01/09/08 INTERNET MAINTENANCE 49.95 10841931 20/08/2008 WESTNET PTY LTD CHANGE OF SPEED FEE 19.95 10852336 20/08/2008 WESTNET PTY LTD ADSL CONNECTION 99.00 10854520 20/08/2008 WESTNET PTY LTD 01/09/08 - 01/10/08 COMPUTER MAINTENANCE 69.95 10858960 20/08/2008 WESTNET PTY LTD 01/09/08 - 01/10/08 COMPUTER MAINTENANCE 49.95 10859350 19/08/2008 WESTNET PTY LTD 01/09/08 - 01/10/08 COMPUTER MAINTENANCE 49.95 10852665 20/08/2008 WESTNET PTY LTD 14/08/08 - 01/09/08 ADSL & BUNDLE STARTER 20.68 10852666 20/08/2008 WESTNET PTY LTD 01/09/08 - 01/10/08 MAINTENANCE 1.97 10860024 20/08/2008 WESTNET PTY LTD 01/09/058 - 01/12/08 EMAIL PROTECTION 10.00 EFT2537 03/09/2008 ROGERS MACHINERY SERVICES PO31922 PARTS FOR DEPOT -199.50 56485 25/08/2008 ROGERS MACHINERY SERVICES PO31922 3 KUBO FUEL FILTER 199.50


Page 48 of 81

Chq/EFT Date Name Description Amount EFT2538 03/09/2008 ARGYLE MOTORS PO31478 TOYOTA LANDCRUISER -23964.98 A2705 02/09/2008 ARGYLE MOTORS PO 31478 TOYOTA LANDCRUISER 23964.98 EFT2539 03/09/2008 SKIPPER TRUCKS PARTS PO31935 INTRNATIONAL ACCOK 08 PARTS

AND FREIGHT -2226.75

7675919 26/08/2008 SKIPPER TRUCKS PARTS PO31944 2 PIN-SHACKLE 385.02 7671363 01/09/2008 SKIPPER TRUCKS PARTS PO31935 8 X SHOE W/LINING 1841.73 EFT2540 03/09/2008 BAILEYS AUTO PARTS PO 31620 -897.31 2206 25/08/2008 BAILEYS AUTO PARTS PO31857 TUBES AND WHEEL BALANCE 61.50 2225 25/08/2008 BAILEYS AUTO PARTS PO 31910 1 MF50 BATTERY 165.00 1997 03/09/2008 BAILEYS AUTO PARTS PO31393 HUB WAS RETURNED AND

REPLACED 55.00

2210 02/09/2008 BAILEYS AUTO PARTS PO31620 2 X 8 PLU DESERT DUELER TYRES 615.81 EFT2541 03/09/2008 TONY'S PLUMBING PO31960 BUILDING MAINTANENCE -1243.00 816 29/08/2008 TONY'S PLUMBING REPAIR FEMAIL TOILETS 440.00 828 28/08/2008 TONY'S PLUMBING PO31624 REPAIR OVEN AT 123B ROBERTA

21/7/08 198.00

830 28/08/2008 TONY'S PLUMBING PO31635 REPAIR BROKEN PIPES UNBLOCK DRAINS

297.00

817 28/08/2008 TONY'S PLUMBING PO31644 UNBLOCK TOILET AT JD'S CAFE 308.00 EFT2542 03/09/2008 BEST WESTERN HALLS CREEK MOTEL PO31959 LUNCH FOR MEETING -350.00 SHIRE44454 25/08/2008 BEST WESTERN HALLS CREEK MOTEL PO31959 21-08-08 LUNCH FOR 15 PEOPLE 350.00 EFT2543 03/09/2008 KIMBERLEY RETRAVISION PO31638 STOVE FOR AIRPORT HOUSE -1052.00 42999 28/08/2008 KIMBERLEY RETRAVISION PO31638 UPRIGHT ELECTRIC STOVE 778.00 420133 03/09/2008 KIMBERLEY RETRAVISION PO 31972 CANON PRINTER CARTRIDGES BC1-

15 24.00

44198 01/09/2008 KIMBERLEY RETRAVISION PO321061 IRONING BOARD 250.00 EFT2544 03/09/2008 MCLEODS BARRISTERS & SOLICITORS PO31649 ADVISE AND LEASE 88 THOMAS

STREET -1069.20

44359 27/08/2008 MCLEODS BARRISTERS & SOLICITORS PO31649 22/7 REVIEWING INSTRUCTION 1069.20 EFT2545 03/09/2008 D&T HARDWARE PO31807,31797,31723,31466,31724,31813,31200,3

1904,31915 -834.20

52 27/08/2008 D&T HARDWARE PO31807 ASS TAP FITTING 571.60 85 27/08/2008 D&T HARDWARE PO31476 6 DYNA BOLT 262.60 EFT2546 03/09/2008 S WOODHOUSE CONTRACTING

SERVICES P/L 15.5 HOURS LOADER HIRE WASTE MANAGEMENT

-4026.00

467 27/08/2008 S WOODHOUSE CONTRACTING SERVICES P/L

15.5 HRS 02/08/08-26/08/08 LOADER HIRE WASTE/MAN

2046.00


Page 49 of 81

Chq/EFT Date Name Description Amount 466 25/08/2008 S WOODHOUSE CONTRACTING

SERVICES P/L PO 31486 15 HRS HIRE OF LOADER DUNCAN ROAD

1980.00

EFT2547 03/09/2008 ENVIROBOOK PO31234 GOODS FOR VISITORS CENTRE -163.08 43349 20/08/2008 ENVIROBOOK PO31234 DIAMONDS TO DUST 4 163.08 EFT2548 03/09/2008 SHANE WILLIS ELECTRICAL PO31636 MAINTAINENC TO CAFE AREA -1352.82 2124 28/08/2008 SHANE WILLIS ELECTRICAL PO31636 REPAIRS TO ROLLER DOOR 966.68 2118 29/08/2008 SHANE WILLIS ELECTRICAL PO31811 SUPPLY INSTALL LIGHT TO WIND

SOCK & LABOUR 210.14

2123 29/08/2008 SHANE WILLIS ELECTRICAL PO31810 RESET AVGAS HOSE REEL WITH TIME OUT

176.00

EFT2549 03/09/2008 HALLS CREEK HERALD PO1578 RECRUITMENT AND MUNI ADVERTISMENT

-278.30

3014 01/09/2008 HALLS CREEK HERALD PO 31578 EMPLOYMENT AD. FOR ABOR. HEALTH WORKER

278.30

EFT2554 12/09/2008 LESLEY CHARLENE BODDINGTON ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 LESLEY CHARLENE BODDINGTON ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2555 12/09/2008 LONG, ROBYN CLARE ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 LONG, ROBYN CLARE ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2556 12/09/2008 JOHNS, JULIEANNE ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 JOHNS, JULIEANNE ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2557 12/09/2008 HREMEVIUC GEORGE ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 HREMEVIUC GEORGE ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2558 12/09/2008 PETER TIERNEY ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 PETER TIERNEY ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2559 12/09/2008 CRAIG, LYNETTE JEAN ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 CRAIG, LYNETTE JEAN ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2560 12/09/2008 O'MALLEY, HELEN ANNUAL ALLOWANCE INSTALMENT -153.83 ANN ALLOW 12/09/2008 O'MALLEY, HELEN ANNUAL ALLOWANCE INSTALMENT 153.83 EFT2561 17/09/2008 Kununurra Country Club Resort ACCOMODATION 8/9/08-9/9/08 E. MASAKA -

WATER SAMPLING -180.00

8684 16/09/2008 Kununurra Country Club Resort ACCOMODATION 8/9/08-9/9/08 E. MASAKA -WATER SAMPLING

180.00

EFT2562 17/09/2008 Safety Stuff PO 31500 SUPPLY OF SAFETY GALSSES X 48

-375.76

1967 16/09/2008 Safety Stuff PO 31500 SUPPLY OF SAFETY GALSSES X 48

375.76


Page 50 of 81

Chq/EFT Date Name Description Amount EFT2563 17/09/2008 TOLL EXPRESS FREIGHT FOR LIBRARY, PO31809, PO31660,

PO31861 -480.91

PER/END 17/08/08

26/08/2008 TOLL EXPRESS PO31913 FREIGHT 89.17

24/08/08 - 931350

09/09/2008 TOLL EXPRESS PO31809 CLOTHING FOR OUTDOOR CREW JAYBRO

391.74

EFT2564 17/09/2008 SKM PLUMBING PO31640 MAINTENANCE TO AIRPORT HOUSE -1463.00 21 08/09/2008 SKM PLUMBING PO31641 UNBLOCK DRAIN TOWN HALL

FRIDAY&SAT NIGHT 715.00

20 08/09/2008 SKM PLUMBING PO31640 INSTALL NEW TAPS NEW SHOWER BREECH

748.00

EFT2565 17/09/2008 SETON AUSTRALIA PTY LTD PO31958 ADMIN MAINTENANCE -272.47 9307670635 27/08/2008 SETON AUSTRALIA PTY LTD PO31958 SAFTEY POLE WITH SIGN CLIPS X 3 272.47 EFT2566 17/09/2008 WILSON, DEAN PO31494 FREIGHT FROM ALLGEAR -34.16 20081357 02/09/2008 WILSON, DEAN PO31494 CUTTER BLADE DELIVERED FROM

ALLGEAR 34.16

EFT2567 17/09/2008 KUNUNURRA LAKESIDE RESORT PO31571RECRUITMENT EXPENSES -130.00 57298 18/08/2008 KUNUNURRA LAKESIDE RESORT PO31571 ROOM IN 12/08 / 08 - OUT 13 08 08 130.00 EFT2568 17/09/2008 LANDGATE (VALUATION SERVICES) MINING TENEMENTS -246.00 233098-10000949

08/09/2008 LANDGATE (VALUATION SERVICES) 03/07/08 - 08/08/08 MINING TENEMENTS M2OO8-8

246.00

EFT2569 17/09/2008 Garry McCarney FUEL HALLS CREEK TO KUNUNURRA- 15th July, 9th Aug & 16th Aug 08

-227.05

EXPENSES CLAIM FORM 21/8/08

16/09/2008 Garry McCarney FUEL HALS CREEK TO KUNUNURRA 15th July, 9th Aug & 16th Aug 08

227.05

EFT2570 17/09/2008 SALTS EARTHMOVING PO 32003 Dozer Hire 24/08/09 - 30/08/09 TANAMI -33466.00 21A 16/09/2008 SALTS EARTHMOVING PO 32003 Dozer Hire 24/8/08 -30/8/08 7275.00 21B 16/09/2008 SALTS EARTHMOVING P O 32003 TRUCK & LOADER HIRE 24/8/09-

30/8/08 1525.00

22A 16/09/2008 SALTS EARTHMOVING P O 32005 DOZER HIRE 31/8/08-5/9/08 6750.00 22B 16/09/2008 SALTS EARTHMOVING PO 32005 GRADER HIRE 31/8/08-5/9/08 280.00 22C 16/09/2008 SALTS EARTHMOVING PO 32005 ROLLER HIRE 31/8/08-6/09/08 767.00 22D 16/09/2008 SALTS EARTHMOVING PO 32005 TRUCK & LOADER HIRE 31/8/08-

6/9/08 887.00

22E 16/09/2008 SALTS EARTHMOVING PO 32005 SMALL 5 TONNE TRUCK & BOBCAT HIRE 31/8/08-5/9/08

966.00


Page 51 of 81

Chq/EFT Date Name Description Amount 22F 16/09/2008 SALTS EARTHMOVING PO 32005 DIESEL FUEL FOR LOW LOADER &

UTE 140.00

23A 16/09/2008 SALTS EARTHMOVING PO 32007 GRADER HIRE 6/9/08-13/9/08 3900.00 23B 16/09/2008 SALTS EARTHMOVING PO 32007 GRADER HIRE 6/9/08-13/9/08 396.00 23C 16/09/2008 SALTS EARTHMOVING PO 32007 TRUCK & LOADER HIRE 6/9/08-

13/9/08 1850.00

23D 16/09/2008 SALTS EARTHMOVI

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