ordinary council · 2019. 7. 2. · ordinary council . minutes . for the meeting to be held ....

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 26 JUNE 2019

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 26 JUNE 2019

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 26 June 2019, commencing at 5:30pm. Yours faithfully

DALE PUTLAND ACTING CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 5 2. ATTENDANCE ........................................................................................................................... 5 2.1 APOLOGIES ............................................................................................................................... 5 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 5

3. DISCLOSURES OF INTEREST ................................................................................................. 6 3.1 ITEM 11.2.1 SCHEME AMENDMENT 62 FOR INITIATION – RECEPTION CENTRE

AT 3 (LOT 5) OLD ELLEN BROOK ROAD, GRACETOWN – PROXIMITY INTEREST – CR LANE .............................................................................................................. 6

3.2 ITEM 11.2.1 SCHEME AMENDMENT 62 FOR INITIATION – RECEPTION CENTRE AT 3 (LOT 5) OLD ELLEN BROOK ROAD, GRACETOWN – FINANCIAL INTEREST – CR EARL ................................................................................................................................. 6

3.3 ITEM 11.3.2 VARIATION TO RFT 05-19 COWARAMUP HALL BUILDING SERVICES – FINANCIAL INTEREST – CR EARL .................................................................... 6

4. PUBLIC QUESTIONS ................................................................................................................ 6 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 6 4.2. PUBLIC QUESTION TIME ......................................................................................................... 6 4.2.1 MAIN STREET REDEVELOPMENT PROJECT - MR LINTON HODSDON .............................. 6

5. APPLICATIONS FOR LEAVE OF ABSENCE ......................................................................... 11 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ................................................... 11 6.1 ORDINARY COUNCIL MEETING HELD 12 JUNE 2019 ......................................................... 11

7. DEPUTATIONS ........................................................................................................................ 12 7.1 ITEM 11.2.1 SCHEME AMENDMENT 62 FOR INITIATION – RECEPTION CENTRE

AT 3 (LOT 5) OLD ELLEN BROOK ROAD, GRACETOWN – MR LACHLAN MCCAFFREY ............................................................................................................................ 12

7.2 ITEM 11.4.3 2019-20 DAFT BUDGET – MR ANDREW FIRTH ............................................... 13 7.3 ITEM 15.1 DAM AND INTENSIVE AGRICULTURE (FODDER PRODUCTION) –

LOT 4055 AND LOT 2445 WARNER GLEN ROAD, WARNER GLEN – MR ROSS WOODHOUSE .......................................................................................................................... 14

8. PETITIONS ............................................................................................................................... 15 9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 15 10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ................... 15 11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 15 11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 16 11.1.1 REVIEW OF DELEGATIONS 2019 .......................................................................................... 17

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 68 11.2.1 SCHEME AMENDMENT 62 FOR INITIATION - RECEPTION CENTRE AT 3 (LOT

5) OLD ELLEN BROOK ROAD, GRACETOWN ..................................................................... 69 11.2.2 SUSTAINABLE ECONOMY ADVISORY COMMITTEE 16 MAY 2019 .................................... 79

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 82 11.3.1 REMOVAL OF PRIVATE WATER HARVESTING INFRASTRUCTURE - SHIRE

RESERVES .............................................................................................................................. 83 11.3.2 VARIATION TO RFT 05-19 COWARAMUP HALL BUILDING SERVICES ............................. 93 11.3.3 MAIN STREET REDEVELOPMENT PROJECT - CONSTRUCTION PHASE ......................... 96 11.3.4 RFT 01-17 STREET SWEEPING AND DRAIN CLEANING SERVICE CONTRACT

EXTENSION ........................................................................................................................... 104 11.3.5 RFT 02-17 HERBICIDE AND WEED SERVICES CONTRACT EXTENSION ....................... 108


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11.4. CORPORATE AND COMMUNITY SERVICES ..................................................................... 109 11.4.1 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 15 MAY 2019 ...................... 110 11.4.2 CORPORATE PLAN 2019-23 ................................................................................................ 114 11.4.3 2019-20 DRAFT BUDGET ...................................................................................................... 118 11.4.4 SUBMISSIONS ON 2019-20 DIFFERENTIAL RATES AND MINIMUM PAYMENTS ........... 133

12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .......... 145 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ..................................................... 145 14. NEW BUSINESS OF AN URGENT NATURE ....................................................................... 145 14.1 MEMBERS .............................................................................................................................. 145 14.2 CEO ........................................................................................................................................ 145

15. CONFIDENTIAL BUSINESS .................................................................................................. 146 15.1 DAM AND INTENSIVE AGRICULTURE (FODDER PRODUCTION) - LOT 4055 AND

LOT 2445 WARNER GLEN ROAD, WARNER GLEN 147

16. CLOSURE OF MEETING ....................................................................................................... 150


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Minutes of the Ordinary Council Meeting held on Wednesday 26 June 2019, in Council Chambers, 41 Wallcliffe Road, Margaret River, commencing at 5.30pm

Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President thanked all in attendance and declared the meeting open at 5.32pm

The Shire President gave an Acknowledgement of Country: ‘I acknowledge and respect the traditional custodians of this land and pay our respects to elders past and present and emerging, whose lands we share.’

2. ATTENDANCE Shire President : Cr Pam Townshend

Councillors : Cr Ian Earl

Cr Naomi Godden Cr Peter Lane Cr Pauline McLeod Cr Julia Meldrum Cr Mike Smart

Acting Chief Executive Officer : Dr Dale Putland Acting Director Sustainable Development : Mr Nick Logan Director Infrastructure Services : Mr Markus Botte

Acting Director Corporate and Community Services : Mr Andrew Ross Coordinator Legal Services : Mr Ian McLeod Governance Officer / Council Support : Ms Claire Schiller

MEMBERS OF THE PUBLIC : 12

MEMBERS OF THE PRESS : Warren Hately, AMR Times

2.1 Apologies Acting Manager Planning and Development, Matt Cuthbert

2.2. Approved Leave of Absence Nil


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3. DISCLOSURES OF INTEREST

3.1 Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5) Old Ellen Brook Road, Gracetown – Proximity Interest – Cr Lane

Cr Lane disclosed a proximity interest in Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5) Old Ellen Brook Road, Gracetown, as he is an adjoining landowner.

3.2 Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5)

Old Ellen Brook Road, Gracetown – Financial Interest – Cr Earl

Cr Earl disclosed a financial interest in Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5) Old Ellen Brook Road, Gracetown, as his company has been undertaking works for the business.

3.3 Item 11.3.2 Variation to RFT 05-19 Cowaramup Hall Building Services – Financial Interest – Cr Earl

Cr Earl disclosed a financial interest in Item 11.3.2 Variation to RFT 05-19 Cowaramup Hall Building Services, as his company is owkring on this project.

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time

4.2.1 Mr Linton Hodsdon - Main Street Redevelopment Project Mr Linton Hodsdon of 11 Mann Street, Margaret River, asked the following questions in relation to the Main Street Redevelopment Project, the Director Infrastructure Services provided the responses: Q1: Can Council confirm that the plan to halve the public car par king (from 106 to 54 bays)

in the town centre is still correct? If so, why was the deletion of 52 car bays not offered in answer to questions during the recent public meeting?

A1: The number is not correct. The Shire envisage 25 bays will be lost altogether. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

The project will result in a reduction of available parking by 25 bays. This will allow space for streetscape amenity improvements, such as via additional pedestrian crossing points, bicycle and ACROD parking, as well as landscaping. Additionally, general parking bays will be elongated in accordance with Australian Standards to allow more efficient parking turnover. There appears to be a transposition error (52 vs 25), in the information previously published by the Shire.

Q2: Can Council explain how the Tunbridge Street ‘peabutabout’ has been ‘fully resolved’ since

the schedule was adopted 15 months ago?


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To prove to yourselves and the community, can Council mark out the proposal on the road, possibly with sandbags, to trial the manoeuvrability of the ’fully resolved layout’? Such a trial would need to include a bus, truck with semi trailer, P plate driver and a Tarago of tourists confronted with peak conditions.

A2: From a traffic perspective we have had the roundabout reassessed and it has been proven

workable by an external consultant. Vehicles have been tested. There are some restrictions and some improvements to other

movemoents. There will be appropriate signage in place. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

In terms of intersection capacity and transport network performance the roundabout was assessed by GHD transport planning and traffic engineering consultants (GHD). The analysis indicated that the roundabout is expected to operate satisfactorily based on calibration against surveyed traffic volumes (May 2019) and a traffic growth forecast year of 2031. A sensitivity analysis was undertaken to also consider the impact of peak traffic during the summer tourist season, again confirming a good level of service. From a geometric design perspective, the roundabout was assessed by Calibre Group as well as independently by Advisian engineering consultants, both using contemporary vehicle swept path analysis and turning movement simulation software. The integration of the tracking analysis into the design approach allowed optimisation of the roundabout geometry as part of the CAD-based design process, whilst visualising the swept path for both Austroads prescribed and Main Roads WA supplemented design vehicle dimensions, swept paths and safety clearances. It also allowed consideration of major services infrastructure and other site constraints. Compared to the obsolete process of physical sand-bagging of the geometric outline of a design, the software-based assessment presents an industry best practice approach to cost-effective evaluation and decision making. Hence, the Shire will not be trialling the physical layout with an archaic, sand-bag based method. All relevant vehicle types and turning movements have been assessed and there will be some improvements in movement efficiency and some areas of reduced efficiency compared to the current intersection arrangement. In particular for truck movements these restrictions are desirable, as a shift of trucks and heavy vehicle traffic on to the new Perimeter Road as a main access into the Margaret River town site is in line with the strategic purpose of this new road link. This transfer of traffic is also essential for the success of a pedestrianised environment envisaged by the community for the Margaret River CBD. Subject to final confirmation by Main Roads WA, specifically trucks movements from Churchill Ave to Bussell Hwy northbound, Tunbridge St to Bussell Hwy southbound and Bussell Hwy southbound to Churchill Ave will have restrictions imposed by way of statutory signage. Safety considerations are paramount to any intersection design. The roundabout proposed at the Tunbridge St / Churchill Ave / Bussell Hwy intersection plays an essential role in making the intersection much safer, by reducing vehicle speeds and making it easier to choose a safe gap in traffic. In the event of a crash, the roundabout will also reduce the severity of any vehicle impact by changing the angles and speeds of a collision. Roundabouts are one of the safest types of intersections and are known to reduce the risk of being severely injured in a crash by up to 90%.


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Q3: Can Council explain how the ‘Fearn Ave one way traffic arrangement’ has been resolved, specifically how the eastward vs westward options were assessed? Can Council mark out the proposals on the road, possibly with sandbags, to compare the two options for public consideration?

A3: There was no assessment of Eastward vs Westward. GHD have looked at how it is currently

proposed. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

The Fearn Avenue one-way traffic arrangement has been resolved as being westbound only. In 2017, GHD, as a result of traffic modelling, indicated that a left-in only, as proposed from Bussell Highway, can be supported to improve the intersection safety and network operation. The current design also allows for a right-in from Bussell Hwy, thereby presents an improvement over what was originally envisaged by GHD at the time.

There was no assessment as to directional flows heading eastwards only, as the restriction to westbound movements provides a far better safety outcome as the Bussell Hwy intersection with Fern Ave has higher traffic volumes, speeds and complexity. Finally, it also provides good opportunities for development of a multi-purpose public space. Again, the Shire will not be trialling the physical layout with an outdated assessment method utilising sandbags. The Shire previously presented a 3D walk- and flythrough animation to both the community and key stakeholders visualising the redeveloped Fearn Avenue space.

Q4: Is a footpath from the Shell to the Old Settlement bridge included in the current plan? A4: No, not currently. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

Improvements to the existing path network leading to the Old Settlement Bridge are outside of the scope of works of this project.

Q5: Can Council reconsider the ‘deletion of turning lanes’ and trial the 40kmph speed limit

before committing us to the congestion, with potential road rage, of the ’no turning lanes’ proposal?

A5: The 40kmph speed limit is subject to Main Roads approval. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

The 40km/h speed limit is subject to consideration and approval by Main Roads WA. A formal application for speed reduction to 40km/h and associated signage can only be made once the road environment has physically changed in support of such a reduced operating speed. The Shire has no jurisdiction over regulatory signage and line marking to implement a 40km/h trial in the interim period. The removal of the current “turning lanes” and replacement with a solid median is required to physically encourage reduced operating speeds and to foster a much safer and pedestrian-friendly road environment.


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Q6: Can Council set up a display of the finishes proposed; including paving, kerbing, bollards and tree root guards, for public information?

A6: There is no display plan. Samples have been provided in the past and presented to the community.

A complete schedule and landscape drawings which have been presented to Council. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

This information was previously presented to the community as part of the extensive stakeholder engagement and consultation process on the project, including at public information sessions, where pavement samples, 3D rendered images of the project and project design details were displayed and discussed.

All complete set of all civil, electrical and landscape/streetscape drawings, as well as a complete schedule of materials, plants and landscape elements has been prepared and presented to Councillors as part of the tender package for the works. Exact details are of an operational nature and community consultation and stakeholder comments were considered in the finalisation of design details. There is no provision for additional electric car charging stations. Based on international trends, it is also expected as petroleum based energy providers continue to diversify and transition to an alternative energy market, they will play a significant role in establishing a bigger network of EV charging services across the country.

Q7: Will Council hold a public meeting, with some Shire Councillors attending, to ensure the

community can review the final details of the works program? The Shire Presidnt took the question on notice. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

It is envisaged the Shire together with the successful contractor will hold a community information session on the proposed works program in the near future. Stakeholders will be kept fully informed on the project implementation stages as construction progresses.

Q8: Can Council defer any contract signing until August to allow for these trials and public

meeting to occur, and be reported to Council? A8: At the end of January 2019 Council rejected all tenders, the Shire has only have six months to

negotiate, giving until the end of July 2019, therefore we cannot defer. Any deferral could also jeopardise funding.

Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

No. Given that Council rejected all tenders to enter into negotiations with Georgiou Group, the Shire is dealing with a prescribed timeframe to finalise the contract. It is neither feasible nor necessary to undertake physical trials, since sufficient software based modelling has been undertaken to confirm the adequacy of the current design.

A public meeting on the works program can only be held once the contractor is engaged, since the detailed development of the program forms part of their contract.


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Q9: Is the $1.2m of extra draw on community reserves to cover part of the $2.4m shortfall? The Acting CEO provided the response: A9: No. Q10: Does Council realise cash-in-lieu of carparking reserve funds are for the creation of new

carparking, not the maintenance or deletion of existing carbays? If Council is to avoid an stacking chairs like problem, Council will need to look more closely

at the contract details before signing any. You may be able to make do with plsatic chairs in lieu of stackable seating BUT not so easily to fix the peanut problem.

A10: Funds are available to make recommended improvements. Subsequent to the meeting, this question was researched and a more comprehensive response published for the purpose of the minutes as shown below:

Parking requirements are a development standard and the Shire has identified minimum acceptable parking ratios that are fair and reasonable for different types of land use. In this sense, parking provisions are no different from any other development standards outlined in the Shire’s Planning Scheme, the applicable planning legislation and policy framework and the Residential Design Codes for Western Australia.

Developers are naturally expected to meet development standards, such as to incorporate and provide adequate parking as part of their development project to ensure their development remains consistent with the principles of orderly and proper planning of an area. Failure to provide the required number of parking spaces as part of development implies a loss of functionality and amenity in the area in question. This could manifest in increased local traffic (increased noise, pollution, increase vehicle kilometres travelled, park-search time delays) as cars circulate for available on-street parking. A lack of adequate parking space numbers could also foster illegal parking with the potential to impede on access for local residents and visitors. However, as opposed to the majority of development standards, such as building height limits, prescribed setbacks and sustainability requirements (solar access), etc., parking standards fall within a subset of inclusionary planning provisions where developers may satisfy the specific development requirement through a cash-in-lieu payment (e.g. similar to cash-in-lieu payments to off-set minimum Public Open Space provisions). These cash-in-lieu payments therefore represent a specific type of developer contribution that serves a particular planning purpose and is based on corresponding apportionment principles. The strategic justification for cash-in-lieu of parking payments rests on demonstrating that the inclusionary planning provisions themselves are reasonable and directed at a proper planning objective, demonstrating that the cash-in-lieu scheme will preserve, or augment, the net community benefit that would have been generated had development complied with the relevant development standards; and, demonstrating that the cash-in-lieu funds will be directed to a planning purpose. Any use of cash-in-lieu funds by the Shire therefore must ensure that alternative facilities and services are provided so that there is no loss of amenity and functionality in net terms. This could mean that an equivalent number of car spaces is supplied elsewhere in the neighbourhood (as provided in the past at the corner of Station Street and Wallcliffe Road). Alternatively, the cash-in-lieu funds could also help pay for other measures that address the same broad planning purpose, but which tackle the amenity and functionality loss in different ways.


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These alternative measures could include facilities and infrastructure which improve road safety, encourage active transport such as walking and cycling (health and environmental benefits), suppress the demand for car parking in the area and result in improved streetscape amenity for pedestrians and visitors to the area. Based on this consideration, it is strategically justified that funds are made available to augment the costs of the Main Street redevelopment project in order to make the recommended improvements which will increase the overall amenity of the Margaret River CBD. On a final note, based on the Shire’s previous study into parking availability within the Margaret River CBD, there would appear to be no genuine lack of parking in town. It would appear that some of the existing supply is being poorly and inefficiently used. Wayfinding and signage to available parking, community education and active management of parking in the future could resolve this situation without the need for additional spaces. There have repeatedly been concerns about parking and comments that making changes to the way that parking is provided and managed will adversely affect the town’s economy. However, there is little evidence of such a relationship one way or the other. To the contrary, it is the town’s overall amenity and attractiveness as well as broader retail, commercial, leisure and/or tourism offers which would appear to be the primary factors affecting the town’s economic performance, not the provision of parking. It’s not about having as many parking spaces as possible, but about ensuring spaces remain available to those who need those most. Amenity improvements of the Margaret River Main Street Redevelopment Project and better management of parking into the future are expected to significantly enhance the town’s public realm, making the town more attractive to visitors, thereby improving economic viability.

The Shire President thanked Mr Hodsdon for his questions and advised that further information would be provided after the meeting.

5. APPLICATIONS FOR LEAVE OF ABSENCE

5.1 Cr Lane – 24 July 2019 MOTION / COUNCIL DECISION CR GODDEN, CR EARL OM2019/101 That Councillor Lane be granted leave of absence fo rthe 24 July 2019 Ordinary Council Meeting.

CARRIED 7/0

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 12 June 2019

MOTION / COUNCIL DECISION CR SMART, CR EARL OM2019/102 That Council confirms the minutes of the Ordinary Council Meeting held on 12 June 2019 to be a true and correct record of the meeting.

CARRIED 7/0


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7. DEPUTATIONS 7.1 Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5)

Old Ellen Brook Road, Gracetown – Mr Lachlan McCaffrey Crs Lane left Chambers at 5.53pm as he dislocsed a proximity interest in Item 11.2.1. Cr Earl left Chambers at 5.53pm as he disclosed a financial interest in Item 11.2.1. Mr Lachlan McCaffrey, Senior Planner RPS Group, addressed the meeting in relation to Item 11.2.1 Scheme Amendment 62 for Initiation – Reception Centre at 3 (Lot 5) Old Ellen Brook Road, Gracetown. A summary of his deputation is as follows: I speak in favour of the officer’s recommendation to initiate amendment No.62 for consultation. I am a town planning consultant from RPS Planning & Development and represent the owner of Lot 5 Old Ellenbrook Road. The site, known as Gilgara Retreat, is zoned ‘Chalet and Camping’ under the Local Planning Scheme No.1 and ‘Tourism’ under the Local Planning Strategy. The site supports the approved ‘Tourist Accommodation Facility’ which includes eight chalets, function room and homestead. The application seeks to amend the Town Planning Scheme No. 1 to incorporate a ‘Reception Centre’ as an ‘Additional Use’ under Schedule 2 of the Scheme over the subject site. The ‘Reception Centre’ land use will utilise the existing buildings and infrastructure on site, therefore not requiring any redevelopment. As detailed in the planning officers report, throughout late 2017 the Shire received several complaints regarding the use of the property for wedding receptions and this resulted in amenity impacts associated with the noise of amplified music. These events exceeded the 2007 development approval standards which permitted a maximum of 26 attendees as part of the approval function room. Following this potential breach notice, events at the venue ceased immediately and an In-principle Amendment Request for the subject application was lodged with the Shire in early 2018. The request was supported subject to a Bushfire Management Plan and Evacuation Plan. Key considerations of the Application include: • Strict planning controls on the operation of the additional use are proposed, importantly to manage

guest numbers, closure times and the emission of noise. Whilst these controls have been proposed as ‘Development Conditions’ inserted into the Scheme; we agree with the Officer’s report that such measures may best be dealt with through the development application process.

It is our belief that a future development application will ensure the compliance of detailed development standards, therefore reducing the potential for any non-compliance in the future.

• A Bushfire Management and Evacuation Plan has been prepared to support the application and determines the bushfire risk to be manageable. As detailed in the Officer’s report, the development does not propose two access routes due to the lot location. Element 3 of the Bushfire Protection Criteria relating to Vehicle Access has been satisfied by the proximity of the Caves Road intersection which provides two evacuation routes to the Margaret River and Cowaramup Townsite. The Shire’s Emergency Services Staff have reviewed the BMP and have not raised concern.

• A fundamental aspect of the proposal is the acoustic assessment, particularly due to the concerns raised by neighbouring landowners in late 2017. The assessment determines that both an outdoor wedding ceremony and wedding reception comply with the assigned maximum level of 40 dB. –

o Importantly the predicted noise levels during a wedding reception is 25dB at the most affected noise sensitive premises which is substantially less than the maximum level.

o The entertainment for the assessment is determined as an acoustic artist with light amplification during a ceremony and during a reception, a small band, singers or a DJ located within the ‘Barn’ with doors to the courtyard open.


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o The acoustic assessment also recommends management measures such as the measurement of sound levels and curfew times. Such measures have been implemented in the application.

The Shire’s Local Tourism Planning Strategy required development within the Chalet and Camping zone to satisfy the definition of low impact tourism. It is our belief that the proposed Additional Use has been designed in such a manner that it is sympathetic to and integrated within the rural locality. The strategy also provides guidance of on the suitability of land in a use context. The subject suite is located in a land use context that will not limit the extent of activities or operation due to amenity impacts on adjoining residents. As demonstrated by the Acoustic Assessment, the ‘Reception Centre’ use can function from a noise regulation standard whilst ensuring no detrimental impact to the amenity of adjoining landowners. Furthermore, the Strategy also recognises that ‘additional use rights’ should only be applied when a predominant use remains on a particular site. In reference to the subject site, the operational limitations propose ensure that the predominant use of the site as a Tourist Accommodation Facility are not undermined. The Gilgara Retreat like many local enterprises has suffered from a major seasonal downturn from May to August impacting significantly on business activity. As stated in the Shire of Margaret River Economic Development Strategy 2026, there is a 50% decline in guest nights occupied between January and the June months. This has significant impacts on employment and the wider economy with reduced spending and flow on effects right across the local economy. These statistics are supported by the Gilgara Retreat. It is hoped that the proposed Reception Centre will provide the Gilgara Retreat with the opportunity for diversification and a new value add. Should the Shire support the ‘Additional Use’ this will ensure prosperity to the Gilgara Retreat operation, enrich the Shire’s local economy through the creation of jobs and create flow on effects to other local businesses. In summary, the proposal to incorporate a ‘Reception Centre’ as an ‘Additional Use’ at Lot 5 Old Ellen Brook Road is considered to deliver sustainable economic development but not at the expense of the environment, the character and sense of place of the Shire. As demonstrated by the Acoustic Assessment, Gilgara Retreat has the potential to conduct weddings and other function for up to 90 guests whilst satisfying the noise regulations and ensuring the amenity of the rural locality is preserved. It is respectfully requested that Council resolve to initiate the amendment for consultation. The Shire President thanked Mr McCaffrey for his deputation. Crs Lane and Earl re-entered Chambers at 5.59pm

7.2 Item 11.4.3 2019-20 Draft Budget – Mr Robert Rumball Mr Robert Rumball of Arts Margaret River, addressed the meeting in relation to Item 11.4.3 2019-20 Draft Budget. A summary of his deputation is as follows: Arts Margaret River would like to propose significant changes to the draft budget for the Management and Operation of the Margaret River HEART venue. During discussions between Pam Townsend, Julia Meldrum & Dale Putland from the Shire of Augusta/Margaret River with Fred Affleck, Rob Rumball & Andrew Frith from Arts Margaret River on Friday 24th May 2019, it was proposed that Arts Margaret River would be full venue managers and further create a separate Business Unit of Arts Margaret River to promote and deliver all Convention, Business or Conference events.


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With this proposal there is an opportunity for increased efficiencies and significant savings by utilising existing Arts Margaret River operating systems and staff. Expenditure and Marketing initiatives of this Business Unit would be implemented in collaboration with the Shire if required. The attached spreadsheet contains the proposed draft budget together with 4 additional columns. The Proposed Changes: Show the total of the revised budget with the changes implemented. The Savings: show the total amount by which the budget is directly reduced. The Allocate to Business Unit: is to show how much of this budget is allocated to the Business and Conferencing unit. The Drawdown Account: is to show how much of this budget is allocated to utilities. This amount would be held by the Shire and only transferred to Arts MR on presentation of actual invoices monthly. This would provide transparency to actual annual Utility costs of the venue and inform subsequent contract negotiations, as Arts MR assumes the direct responsibility for all Utility disbursements in the future. Note – The amount allocated in the draft budget to Venue Management Fee paid to Arts Margaret River is set at $300,000 this is below the minimum required to operate the expanded HEART venue and is therefore unacceptable. The minimum acceptable amount of $350,000 is included in the proposed changes and is calculated into the savings column. The Draft Budget is set at: $1,127,825 Proposed new budget is: $931,595 Net savings of: $196,230 This is made up of Convention Business Unit: $123,920 Venue management: $350,000 Capital Expenditure: $130,000 Utilities: $134,810 Depreciation: $160,800 Other Building Costs: $32,065

The Shire President thanked Mr Rumball for his deputation.

7.3 Item 15.1 Dam and Intensive Agriculture (Fodder Production) – Lot 4055 and Lot

2445 Warner Glen Road, Warner Glen – Mr Ross Woodhouse Mr Ross Woodhouse, Warner Glen Dairy Farmer, addressed the meeting in relation to Item 15.1 Dam and Intensive Agriculture (Fodder Production) – Lot 4055 and Lot 2445 Warner Glen Road, Warner Glen. A summary of his deputation is as follows: • The submission is self-explanatory • Business case logic behind the purchase the property Lot 4055 Warner Glenn Road • Property known as Boathaugh is on a short term lease with no certainty of tenure • Due to the uncertainty of tenure it is not justifiable as a business proposition to further develop the

property. • This was the main reason for purchasing the said property & investing capital. • The production of milk has become unviable under the present system of feeding cattle on

pasture with supplementary feed being bought in • The cost of hay & grain supplementary feed has doubled in the last two years due to/ climate

change/ drought / late start to the season /diminished total rainfall / Falling milk price • Being able to increase the area under irrigation will halve the cost of feed for milk production during

the long summer & extended Autumn period.


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• We ask that you grant the development approval under the conditions outlined in the letter from the shire May 17th

• During our meeting with the full council on June 26th we ask that should any councillor require further information/ Please we ask that you request it at this time

The Shire President thanked Mr Woodhouse for his deputation.

8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER Nil

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1.

Chief Executive Officer


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11.1.1 REVIEW OF DELEGATIONS 2019 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/130 GOV/40 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Ian McLeod, Coordinator Legal Services and Governance

IN BRIEF • It is a requirement of section 5.46 of the Local Government Act 1995 that delegations made by

Council to the Chief Executive Officer are reviewed at least once every financial year. • Delegations made by the Chief Executive Officer to employees must also be reviewed at least once

every financial year by the Chief Executive Officer [s5.46]. • A revised list of delegations of powers and duties made by Council is recommended for adoption

by Council. RECOMMENDATION That Council delegates a range of powers and duties to the Chief Executive Officer in accordance with the s 5.42 Local Government Act 1995 effective 1 July 2019 (recommendation in full below). LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Delegations by Council Section 5.42 of the Local Government Act 1995 (LGA) provides the power for Council to delegate to the Chief Executive Officer (CEO) the exercise of any of its powers or the discharge of any of its duties under the LGA, except those listed in section 5.43 (see below). Delegations must be in writing and can be general or have conditions attached. Limitations to delegating to the CEO under s5.43 of the Local Government Act 1995 A local government cannot delegate to a CEO any of the following powers or duties — (a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local

government; (b) accepting a tender which exceeds an amount determined by the local government for the

purpose of this paragraph; (c) appointing an auditor; (d) acquiring or disposing of any property valued at an amount exceeding an amount determined

by the local government for the purpose of this paragraph; (e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100 (fees

and allowances for Councillors); (f) borrowing money on behalf of the local government; (g) hearing or determining an objection of a kind referred to in section 9.5; (ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the

local government; (h) any power or duty that requires the approval of the Minister or the Governor; (i) such other powers or duties as may be prescribed.


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Council can delegate to a committee comprising of Council members only, any of the Council’s powers or duties under the LGA, or to a committee comprising of Council members and employees any duties that can be delegated to the CEO. Limitations of delegation of powers and duties to committees are prescribed under s5.17 LGA. Currently there are no Committees with delegations by Council. Delegations by the Chief Executive Officer Section 5.44(3) provides the power for the CEO to delegate to an employee the exercise of powers or discharge of duties that have been delegated by Council to the CEO under s5.42 LGA (known as a sub-delegation). The exercise of powers or duties sub-delegated by the CEO are subject to any conditions imposed by Council on its delegation to the CEO. The CEO is also provided the power to delegate to employees any of the CEO’s powers or the discharge of any of the CEO’s duties under the LGA, other than the power to delegate [s5.44 (1)]. Note, these are not sub-delegations of a Council delegated power but are a delegation of a CEO power provided under the LGA. Council cannot place any conditions or restrictions on these CEO delegations. Delegations by the CEO must be in writing and can be general or have conditions attached. Register of delegations A register of delegations made under the LGA is to be kept by the CEO [s 5.46(1)]. Previously, the register of delegations was separated into two documents - one containing delegations from Council to CEO, and the other containing delegations from CEO to employees. The document has now been combined to one document, and where a delegation details the powers and duties delegated by Council to the CEO, the sub-delegation of these powers of duties by the CEO to employees, is also detailed on the same page. The document is easier to follow, and contains links to relevant legislation. The delegation register is presented as an attachment to this report, and consists of: Part I:

• Delegations by Council to the CEO under the LGA; • Sub-delegations by the CEO to employees under the LGA; • Delegations by Council to the CEO and employees under other Acts; and

Part II: • Delegations by the CEO to employees under the LGA and other Acts.

Review of delegations There is a requirement under the LGA that all delegations made must be reviewed annually by the delegator [s 5.46(2)]. Therefore, the review of delegations by Council are to be adopted by Council, and the CEO is responsible for reviewing the delegations by the CEO. Accordingly, a review of delegations by Council under the LGA are presented to Council for adoption within this report. The opportunity has also been taken to review delegations by Council under various other Acts such as the Bush Fires Act 1954 and the Building Act 2011. A review of delegations (including sub-delegations) by the CEO under the LGA and other Acts has been undertaken concurrently by the CEO. CONSULTATION AND ADVICE External Consultation Recently WALGA made available a template delegation register to assist local governments in reviewing their delegation register. The document has been used in this review. Internal Consultation • CEO • Directors • Coordinator Legal Services


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DISCUSSION / OFFICER COMMENTS A review of delegations by Council under the LGA and other Acts is presented to Council for adoption. The following table outlines the recommended amendments to delegations made by Council. Grammatical changes or re-wording of delegations have been made to the delegation register throughout the review, particularly with the change in format of the document. If the function of the delegation has not changed, then the changes are not listed as an amendment in the table below. Table 1: Amended Delegations from Council to CEO

Title Amended Delegation Review Findings Declare vehicle is abandoned vehicle wreck s.3.40A (4) LGA

Power to declare that an impounded vehicle is an abandoned vehicle wreck [s.3.40A(4)].

New delegation. Authorisations are currently in place under s9.10 for authorised officers to remove and impound goods under s3.37 – 3.48, but s3.40A refers to an authorised officer impounding a vehicle that ‘in the opinion of a local government, is an abandoned wreck’. Declaring the vehicle an abandoned wreck is a discretionary function, not within the powers of the authorisation, therefore a delegation is required for this function.

Confiscated or uncollected goods s.3.46, s.3.47, s.3.48, LGA

1. Power to refuse to allow goods impounded under s.3.39 or 3.40A to be collected until the costs of removing, impounding and keeping them have been paid to the local government. [s.3.46].

2. Power to sell or otherwise dispose of confiscated or uncollected goods or vehicles that have been ordered to be confiscated under s.3.43 [s.3.47].

3. Power to recover expenses incurred for removing, impounding, and disposing of confiscated or uncollected goods [s.3.48].

Condition: Disposal of confiscated or uncollected goods, including abandoned vehicles, with a market value less than $20,000 may, in accordance with Functions and General Regulation 30, be disposed of by any means considered to provide best value, provided the process is transparent and accountable.

New delegation. As above, authorisations are in place to perform the functions of an authorised officer under these sections of the Act, but a delegation is also required to perform the discretionary functions listed in this delegation. The need for this delegation became apparent when viewing the WALGA delegation register.

Control and management of reserves s.3.54(1) LGA

Power to do anything for the purpose of controlling and managing land under the control and management of the Shire that the Shire could do under s.5 of the Parks and Reserves Act 1895. [s.3.54(1)].

Delegation is required for performing functions listed under s5 Parks and Reserves Act 1895 on Shire managed land where the functions are consistent with the management orders for that land under the Land Administration Act 1997. Additional details on section 5 are provided later in this report. The need for this delegation also became apparent when viewing the WALGA template delegation register.

Gates across public thoroughfares

1. Power to provide, or refuse to provide, permission to have a gate or other device across a local government thoroughfare that permits the passage of vehicle traffic and prevents livestock straying [ULP r.9(1)].

New delegation required that provides the power to approve or refuse a gate or other device to be erected across a local government thoroughfare that prevents live stock straying, and allows the passage of vehicles, and includes the conditions related to this approval.

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Local Government (Uniform Local Provisions) Regulations 1999 r.9

2. Power to require an applicant to publish a notice of the application in a manner thought fit for the purpose of informing persons who may be affected by the proposed gate or device [r.9(2)].

3. Power to impose conditions on granting permission [ULP r.9(4)].

4. Power to renew permission, or at any other time vary any condition, effective upon written notice to the person to whom permission was granted [ULP r.9(5)].

5. Power to cancel permission by written notice, and request the person to whom permission was granted to remove the gate or device within a specified time [ULP r.9(6)].

Condition: Actions under this Delegation must comply with procedural requirements detailed in the LG (Uniform Local Provisions) Regulations 1996.

The need for this delegation also became apparent when viewing the WALGA template delegation register.

Construction of a crossing Local Government (Uniform Local Provisions) Regulations 1996: r.12(1)

1. Power to approve or refuse to approve, applications for the construction of a crossing giving access from a public thoroughfare to land or private thoroughfare serving land [ULP r,12(1)].

2. Power to determine the specifications for construction of crossings to the satisfaction of the Local Government [ULP r.12(1)(a)].

Conditions: Actions under this Delegation must comply with procedural requirements detailed in the LG (Uniform Local Provisions) Regulations 1996.

New delegation required that provides the power to approve or refuse crossings, and determine the specifications required. Likewise, the need for this delegation became apparent when viewing the WALGA template delegation register.

Tenders for Goods and Services

This delegation has the below clause and condition added:

2. Power to, because of the unique nature of the goods or services or for any other reason it is unlikely that there is more than one supplier, determine a sole supplier arrangement [F&G r.11(2)(f)].

Condition A: Tenders may only be called where there is an

adopted budget for the proposed goods or services, with the exception being in the period immediately prior to the adoption of a new Annual Budget and where the: • proposed goods or services are required

to fulfil a routine contract related to the day to day operations of the Local Government,

• current supply contract expiry is imminent,

• value of the proposed new contract has been included in the draft Annual Budget proposed for adoption, and

• The tender specification includes a provision that the tender will only be

Where goods and services are of a unique nature and the local government has good reason to believe that it is unlikely that there is more than one potential supplier, then the goods and services are exempt from tender requirements [r22(2)(f)]. This decision is considered discretionary and requires a delegation. Condition (A) provides the safeguard that tenders may only be called where the costs of the proposed goods or services have been forecast in the adopted budget, or is within the exceptions listed in the condition.

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awarded subject to the budget adoption by the Council.

Panels of Pre-Qualified Suppliers for Goods and Services

1. Power to establish a panel of pre-qualified suppliers to supply particular goods or services to the Shire in accordance regulation 24AC – AI Local Government (Functions and General) Regulation 1996;

2. Power to enter into contract, or contracts, for the supply of goods or services with a pre-qualified supplier who is part of a panel of pre-qualified suppliers for those particular goods or services [F&G r.24AJ(1)].

Condition: In accordance with s.5.43, a contract for the supply of goods or services with a pre-qualified supplier who is part of a panel of pre-qualified suppliers for those particular goods or services may only be entered into where the total consideration under the resulting contract is $250,000 or less (excluding GST).

The Shire’s Purchasing Policy now contains a section on establishing a panel of pre-qualified suppliers, in accordance with 24AC. A delegation to perform this function is now required.

Objection to a rate record

1. Power to extend the time for a person to make an objection to a rate record [s.6.76(4)].

2. Power to consider an objection to a rate record and either allow it or disallow it, wholly or in part, providing the decision and reasons for the decision in a notice promptly served upon the person whom made the objection [s.6.76(5)].

Condition : A delegate who has participated in any matter contributing to a decision related to the rate record, which is the subject of a Rates Record Objection, must not be party to any determination under this Delegation.

New delegation providing the power to extend the time for a person proposing to make the objection as they think fit, consider the objection and make a determination. This delegation is within the WALGA template delegation register.

Building Act 2011

Part 4 of the delegation has been modified to the following: 4. Appoint a person or classes of persons as

an authorised officer or approved officer for the purposes of the Criminal Procedure Act 2004 Part 2.

Regulation 70 of the Building Regulations 2012 was recently amended to correct references to an authorised and approved officer, and to align the regulation with sections 9.19 and 9.20 LGA. Part 4 of the delegation has been modified accordingly.

Local Planning Scheme No. 1

16. Determine compliance with the Deemed to Comply Provisions of the Residential Design Codes and requirement for, or exemption from, the need to obtain planning approval under clause 61(c) of the deemed provisions.

17. Determine whether sufficient information has been provided, and advertise and determine Local Development Plans pursuant to Part 6 of the deemed provisions.

Part 16 of this delegation has been modified to ensure that this part of the delegation should only be used for checking compliance of Building Permits against the Deemed to Comply provisions of the Residential Design Codes. Part 17 is a new delegated function specific to Local Development Plans, the practical effect of which is to provide the power to advertise and endorse the plans when development matters similar to an outline application for Development Approval are being dealt with.

Appoint Authoris

Power to appoint a person or classes of persons as an authorised officer or approved officer for

Health (Asbestos) Regulations 1992 have been amended. The regulations now allow for a local


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ed Officer or Approved Officer - Health (Asbestos) Regulations 1992

the purposes of the Criminal Procedure Act 2004 Part 2 [r.15D(5)].

government to delegate a power or duty conferred by this regulation to the CEO of the local government. Therefore, this function now requires a delegation, previously it was an authorisation by Council.

Commence Proceedings – Public Health Act 2016

Power to commence proceedings for an offence under the Public Health Act 2016 [s.280].

This delegation is currently not in place and is required to commence proceedings for an offence committed under this Act.

Delegation 5 - Control and management of reserves (in more detail) This proposed delegation is required for the Shire to perform any of the functions listed under s5 Parks and Reserves Act 1895, for the purpose of controlling and managing land vested to the Shire under the Land Administration Act 1997. The functions listed under s5 Parks and Reserves Act 1895 include: (a) fence in or otherwise enclose, clear, level, drain, plant, and form walks and carriage

drives through and over the land, or any part thereof; and (b) construct dams and reservoirs for the retention and formation of sheets of water

thereon; and (c) otherwise improve or ornament the land, and do all such things as are calculated to

adapt the land to the purposes of public recreation, health, and enjoyment; and (d) establish and maintain zoological gardens therein; and (e) grant licences for the depasturing of animals on the land, and take for the same such

fees as the Board may, by any by-law, from time to time appoint; and (f) grant licences for the removal of any sand, gravel, or other earth or mineral, and for

cutting and removing wood under such restrictions, and at such reasonable price, or such weekly, monthly, or yearly sum as the Board may think fit.

This provision prescribes that a licence under subsection (e) or (f) above may not be granted unless the approval of the Minister has first been obtained, or the purpose of the licence granted is consistent with the purpose provided by the management orders for that land under the Land Administration Act 1997. Currently, part (a) and (c) are the only functions which have been regularly performed by the Shire, such as the proposed fencing near Wallcliffe Cliffs. There has been some depasturing on reserves adjacent to the Wadandi track in the past, but it has not been formalised under a licence. Authorisations by Council An authorisation by Council under the Caravan Parks and Camping Grounds Act 1995 to appoint authorised persons for the purposes of this Act is required. Currently, the power sits with the local government, but one of the proposed changes following the review of the Local Government Act 1995 is to provide power to the CEO to appoint officers authorisation under this Act, to streamline with all other authorisations. However, these changes may still be a few months away. Previously, due to a misinterpretation of the legislation, the authorisation by Council was removed. It is now proposed to put it back in place, until the changes following the review of the LGA are enforced.


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Caravan Parks and Camping Grounds Act 1995

Council appoints the following officers as: a) authorised persons for the purposes of the Caravan Parks and Camping Grounds Act

1995 [s17(1)]; b) authorised persons for the purposes of issuing infringement notices for prescribed

offences in accordance with Caravan Parks and Camping Grounds Act 1995 [s23(2)]; c) authorised for the purposes of extending the period of payment and withdrawing

notices in accordance with Caravan Parks and Camping Grounds Act 1995 [s23(7),(11)].

• Chief Executive Officer (limited to part (a, c); • Director Sustainable Development (limited to part (a, c); • Manager Health, Waste and Ranger Services (limited to part (a, c); • Coordinator Ranger Services (limited to part (b)); • Rangers (limited to part (b)); • Coordinator Environmental Health and Events (limited to part (b)); and • Environmental Health Officers (limited to part (b)).

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 Building Act 2011 Bush Fires Act 1954 Cat Act 2011 Dog Act 1976 Food Act 2008 Public Health Act 2016 Health (Miscellaneous Provisions) Act 1911 Local Government (Miscellaneous Provisions) Act 1960 Local Planning Scheme No.1 Planning and Development Act 2005 Shire of Augusta Margaret River Local Laws STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2018-2022 Key Result Area 5: Effective Governance and Corporate Leadership Outcome 1: Responsible ownership of outcomes 5.1.3.2 Regularly review Shire governance processes, in accordance with advice from WALGA and the Department of Local Government Sport and Cultural Industries. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Effective delegations lead to effective use of staff time, which ultimately saves money and allows officers’ time to be spent on achieving higher strategic targets. SUSTAINABILITY IMPLICATIONS In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity (Section 1.3 of the Local Government Act 1995). Delegation of powers from Council to employees or a Committee enables decisions to be made in a shorter timeframe. Legislation ensures that staff will be held accountable for any decisions made.


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There is a saving of staff time in terms of report writing when delegations are used in preference to Council decision-making. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council, having reviewed the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of its

duties under the Local Government Act 1995, effective 1 July 2019, as listed below;

2. Delegates to the CEO and other Officers, the exercise of powers and the discharge of any of its duties under the other Acts, effective 1 July 2019, as listed below;

3. Revokes any current delegations not on the list as follows:

Title Delegated by Council to: Relevant Legislation Function of Delegation

Local Government Act 1995 1.

Administering Local Laws

CEO All AMR Local Laws

Power to: 1. Administer the provisions of any Shire of Augusta Margaret

River Local Law made under Division 2 of Part 3 LGA; 2. Determine applications received in accordance with any Shire

of Augusta Margaret River Local Law; and 3. To otherwise exercise the powers, duties and functions of the

local government under those local laws. 2. Declare

vehicle is abandoned vehicle wreck

CEO s.3.40A(4) LGA

Power to declare that an impounded vehicle is an abandoned vehicle wreck [s.3.40A(4)].

3. Confiscated or uncollected goods

CEO s.3.46, s.3.47, s.3.48, LGA

1. Power to refuse to allow goods impounded under s.3.39 or 3.40A to be collected until the costs of removing, impounding and keeping them have been paid to the local government. [s.3.46].

2. Power to sell or otherwise dispose of confiscated or uncollected goods or vehicles that have been ordered to be confiscated under s.3.43 [s.3.47].

3. Power to recover expenses incurred for removing, impounding, and disposing of confiscated or uncollected goods [s.3.48].

Condition: Disposal of confiscated or uncollected goods, including abandoned vehicles, with a market value less than $20,000 may, in accordance with Functions and General Regulation 30, be disposed of by any means considered to provide best value, provided the process is transparent and accountable.

4. Closure of thoroughfares to vehicles

CEO s.3.50 s.3.50A s.3.51 LGA

1. Power to close a thoroughfare (wholly or partially) to vehicles or particular classes of vehicles for a period not exceeding 4-weeks [s.3.50(1)].

2. Power to close a thoroughfare for a period exceeding 4-weeks and before doing so, to: • give public notice, • give written notice to the Commissioner of Main Roads and

written notice to prescribed persons and persons that own prescribed land; and

• consider submissions relevant to the road closure/s proposed [s.3.50(1a), (2) and (4)].


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3. Power to revoke an order to close a thoroughfare [s.3.50(6)]. 4. Power to partially and temporarily close a thoroughfare without

public notice for repairs or maintenance, where it is unlikely to have significant adverse effect on users of the thoroughfare [s.3.50A]

5. Before doing anything to which section 3.51 applies, take action to notify affected owners and give public notice that allows reasonable time for submissions to be made and consider any submissions made before determining to fix or alter the level or alignment of a thoroughfare or draining water from a thoroughfare to private land [s3.51].

Condition: If, under s.3.50(1), a thoroughfare is closed without giving local public notice, local public notice is to be given as soon as practicable after the thoroughfare is closed [s.3.50(8)].

5.

Control reserves and certain unvested facilities

CEO s.3.54(1) LGA

Power to do anything for the purpose of controlling and managing land under the control and management of the Shire that the Shire could do under s.5 of the Parks and Reserves Act 1895. [s.3.54(1)].

6. Gates across public thoroughfares

CEO Local Government (Uniform Local Provisions) Regulations 1996:

r.9

1. Power to provide, or refuse to provide, permission to have a gate or other device across a local government thoroughfare that permits the passage of vehicle traffic and prevents livestock straying [ULP r.9(1)].

2. Power to require an applicant to publish a notice of the application in a manner thought fit for the purpose of informing persons who may be affected by the proposed gate or device [r.9(2)].

3. Power to impose conditions on granting permission [ULP r.9(4)]. 4. Power to renew permission, or at any other time vary any

condition, effective upon written notice to the person to whom permission was granted [ULP r.9(5)].

5. Power to cancel permission by written notice, and request the person to whom permission was granted to remove the gate or device within a specified time [ULP r.9(6)].

Condition: Actions under this Delegation must comply with procedural requirements detailed in the Local Government (Uniform Local Provisions) Regulations 1996.

7. Construction of a crossing

CEO Local Government (Uniform Local Provisions) Regulations 1996:

r.12(1)

1. Power to approve or refuse to approve, applications for the construction of a crossing giving access from a public thoroughfare to land or private thoroughfare serving land [ULP r,12(1)].

2. Power to determine the specifications for construction of crossings to the satisfaction of the Local Government [ULP r.12(1)(a)].

Conditions: Actions under this Delegation must comply with procedural requirements detailed in the Local Government (Uniform Local Provisions) Regulations 1996.

8. Expressions of interest

CEO s.3.57LGA r.21, r.23 Local Governmen

1. Power to determine when to seek Expressions of Interest and to invite Expressions of Interest for the supply of goods or services [F&G r.21].

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for goods and services

t (Functions and General) Regulations 1996

2. Power to consider Expressions of Interest which have not been rejected and determine those which are capable of satisfactorily providing the goods or services, for listing as acceptable tenderers [F&G r.23].

9. Tenders for goods and services

CEO s.3.57LGA r.11 r.13 r.14 r.18 r.20 Local Government (Functions and General) Regulations 1996

1. Power to call tenders for the supply of goods and services over the $150,000 threshold (excluding GST)[F&G r.11(1)].

2. Power to, because of the unique nature of the goods or services or for any other reason it is unlikely that there is more than one supplier, determine a sole supplier arrangement [F&G r.11(2)(f)].

3. Power to invite tenders although not required to do so [F&G r.13].

4. Power to determine in writing, before tenders are called, the criteria for acceptance of tenders [F&G r.14(2a)].

5. Power to determine the information that is to be disclosed to those interested in submitting a tender [F&G r.14(4)(a)].

6. Power to vary tender information after public notice of invitation to tender and before the close of tenders, taking reasonable steps to ensure each person who has sought copies of the tender information is provided notice of the variation [F&G r.14(5)].

7. Power to evaluate tenders, by written evaluation, and decide which is the most advantageous [F&G r.18(4)].

8. Power to accept, or reject tenders, only within the $ value detailed as a condition on this Delegation and in accordance with the requirements of the Functions and General Regulations [F&G r.18(2) and (4)].

9. Power to determine that a variation proposed is minor in context of the total goods or services sought through the invitation to tender, within the $ value detailed as a condition on this Delegation, and to then enter into minor variations with the successful tenderer before entering into a contract [F&G r.20(1) and (3)].

10. Power to seek clarification from tenderers in relation to information contained in their tender submission [F&G r.18(4a)].

11. Power to decline any tender [F&G r.18(5)]. 12. If the chosen tenderer is unable or unwilling to form a contract

OR the minor variation cannot be agreed with the successful tenderer, so that the tenderer ceases to be the chosen tenderer, Power to choose the next most advantageous tender to accept [F&G r.20(2)]

13. Power to accept another tender where within 6-months of either accepting a tender, a contract has not been entered into OR the successful tenderer agrees to terminate the contract [F&G r.18(6) & (7)].

Conditions: a) Tenders may only be called where there is an adopted budget for

the proposed goods or services, with the exception being in the period immediately prior to the adoption of a new Annual Budget and where the: • proposed goods or services are required to fulfil a routine

contract related to the day to day operations of the Local Government,

• current supply contract expiry is imminent,


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• value of the proposed new contract has been included in the draft Annual Budget proposed for adoption, and

• The tender specification includes a provision that the tender will only be awarded subject to the budget adoption by the Council.

b) In accordance with s.5.43, tenders may only be accepted, where the total consideration under the resulting contract is $250,000 or less, exclusive of GST.

c) Minor variations to the goods and services required may only be negotiated and agreed prior to entering into a contract up to a maximum of 10% of the price tendered, or $50,000, whichever is the lesser amount.

10. Variations

to contracts formed with successful tenderer

CEO s.3.57LGA Regulation 21A Local Government (Functions and General) Regulations 1996

Power to: 1. Vary a contract that has been entered into with a successful

tenderer, provided the variation does not change the scope of the original contract;

2. Exercise an extension option that was included in the original tender specification and contract in accordance with r.11(2)(j). [F&G r.21A].

Condition: A price variance must not exceed 10 % of the original contract value or $50,000, whichever is the lesser amount.

11. Panels of Pre-Qualified Suppliers for Goods and Services

CEO s.3.57LGA r.24AB r.24AJ Local Government (Functions and General) Regulation 1996:

1. Power to establish a panel of pre-qualified suppliers to supply particular goods or services to the Shire in accordance regulation 24AC – AI Local Government (Functions and General) Regulation 1996;

2. Power to enter into contract, or contracts, for the supply of goods or services with a pre-qualified supplier who is part of a panel of pre-qualified suppliers for those particular goods or services [F&G r.24AJ(1)].

Condition: In accordance with s.5.43, a contract for the supply of goods or services with a pre-qualified supplier who is part of a panel of pre-qualified suppliers for those particular goods or services may only be entered into where the total consideration under the resulting contract is $250,000 or less (excluding GST).

12. Disposal of land via lease or licence

CEO s3.58 Local Government Act 1995 r30 LG (Functions and General) Regulations 1996

Power to dispose of land (including buildings) via lease or licence where the disposition is exempt under F&G r.30. Conditions: The delegation does not apply the first time a property is leased, unless the lease is:

a) For a residential purpose being exempt under F&G r. 30(2)(d) or r. 30(2)(g); or

b) For a period of less than two years with no right to renewal; or

c) For a site in a Local Government managed caravan park. 13. Disposal

of property

CEO s3.58 Local Government Act 1995 r30 Functions

1. To dispose of property where the disposition is exempt from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and

2. Where the disposition of property (other than land) is not exempt

under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):


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and General Regulations 1996

a) to the highest bidder at public auction (s3.58(2)(a); or b) to the person who at public tender called by the local

government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender (s3.58(2)(b); or

c) by private treaty only in accordance with s3.58(3) and prior to the disposal, to consider any submissions received following the giving of public notice (s3.58(3)).

Conditions: 1. This delegation does not apply to disposal of land by lease or

license. 2. The disposal of property (other than land), for any single project

or where not part of a project but part of a single transaction, is limited to a maximum value of $50,000 or less. This value is established in accordance s5.43(d) LGA.

14. Power to make Payments

CEO r.12(1)(a) LG(Financial Management) Regulations 1996

Power to make payments from the municipal or trust funds [r.12(1)(a)].

15. Grant concessions, waive or write off debts

CEO s6.12 LGA

Power to: 1. Waive an amount of money owed to the Shire [s.6.12(1)(b)]; 2. Grant a concession in relation to money which is owed to the

Shire [s.6.12(1)(b)]; 3. Write off an amount of money which is owed to the Shire

[s.6.12(1)(c)]; to a value not exceeding $3000. Conditions: Parts 1 & 2 of this delegation do not apply to an amount of money owing in respect of rates and service charges [s6.12(2)].

16. Power to invest

CEO s6.14 LGA Regulation 19 LG(Financial Management) Regulations 1996

Power to invest money held in the municipal fund or trust fund that is not, for the time being, required for any other purpose [s.6.14(1)]. Condition: All investment activity must comply with Financial Management Regulation 19C and the Shire Investments Policy.

17. Agreement as to payment of rates and service charges

CEO s6.49 LGA Power to make an agreement with a person for the payment of rates or service charges [s.6.49].

18.

Objection to a rate record

CEO S6.76 LGA

1. Power to extend the time for a person to make an objection to a rate record [s.6.76(4)].

2. Power to consider an objection to a rate record and either allow it or disallow it, wholly or in part, providing the decision and reasons for the decision in a notice promptly served upon the person whom made the objection [s.6.76(5)].


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Condition: A delegate who has participated in any matter contributing to a decision related to the rate record, which is the subject of a Rates Record Objection, must not be party to any determination under this Delegation.

19. Taking action on unpaid rates

CEO s6.64 s,6.69 s.6.74 s 6.71LGA

1. Power to take possession of land and hold the land against a person having an estate or interest in the land where rates or service charges have remained unpaid for at least three years [s.6.64(1)], including:

i. lease the land, or ii. sell the land; or

where land is offered for sale and a contract of sale has not been entered into after 12 months:

i. cause the land to be transferred to the Crown [s.6.71 and s.6.74]; or

ii. cause the land to be transferred to the Shire [s.6.71]. Condition: In accordance with s.6.68(3A), this delegation cannot be used where a decision relates to exercising a power of sale without having, within the previous 3-years attempted to recover the outstanding rates / changes through a court under s.6.56, as s.6.68(3A) requires that the reasons why court action has not been pursued must be recorded in Council Minutes.

20. Appointment of authorised persons

CEO s9.10, s3.24 LGA Power to, under s9.10 and s3.24 LGA, in writing, appoint persons or classes of persons to be authorised for the purposes of performing

particular functions under the LGA, including the functions listed below:

1. s9.16 LGA, to give an infringement notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

2. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal.

3. s3.37 – 3.48 LGA, to impound abandoned vehicle wrecks and goods involved in certain contraventions.

4. s3.25 LGA, to give a person who is the owner, or the occupier of land a notice in writing requiring the person to do anything to the land that is specified in Schedule 3.1, and inform the owner if the occupier is not the owner of the notice given.

5. s3.26 LGA, where if the person who is given a notice fails to comply with it, the authorised officer may do anything that is considered necessary to achieve the purpose for which the notice was given and continue to undertake works that are not carried out by the owner or occupier and recover the costs as a debt.

6. S3.31(2) LGA, power to enter property when a notice has been given under s3.32 LGA of the intended entry and purpose of entry.

7. To exercise the powers and duties of an authorised person under any AMR Local Law.

LG (Miscellaneous Provisions) Act 1960


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21 LG (Miscellaneous Provisions) Act 1960 – Impounding Cattle

CEO Part 20 LG (Miscellaneous Provisions) Act 1960

1. Power to exercise the powers and discharge the duties of the local government under Part 20 LG (Miscellaneous Provisions) Act 1960.

2. Power to appoint persons as authorised persons for the purpose of fulfilling the prescribed functions within the Local Government (Miscellaneous Provisions) Act 1960.

Building Act 2011 22 Building CEO Building Act

2011

1. Approve or refuse to grant or modify building and demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit d) Section 22 Further grounds for not granting an application e) Section 27 Conditions imposed by permit authority f) Section 55 Further information g) Section 58 Grant of occupancy permit or building

approval certificate h) Section 59 Time for granting occupancy permit or building

approval certificate i) Section 60 Notice of decision not to grant occupancy

permit or grant building approval certificate j) Section 62 Conditions imposed by permit authority k) Section 65 Extension of period of duration of an

occupancy permit or building approval certificate granted for a limited period of time.

l) Section 110 Building Orders m) Section 117 Revocation of Building Order n) Section 118 Permit authority may give effect to building

order if non-compliance o) Section 139 Presumptions about authority to do certain

things. 2. Initiate a prosecution pursuant to s133(1) for an offence against

the Building Act 2011. 3. Under s96 Building Act 2011, designate an employee of the local

government as an authorised person for the purposes of: a) the Building Act 2011 in relation to buildings and

incidental structures located, or proposed to be located, in the district of the local government; and

b) s93(2)(d), to inspect or test an existing building for the purpose of monitoring whether a provision of the regulations is being complied with.

4. Appoint a person or classes of persons as an authorised officer or approved officer for the purposes of the Criminal Procedure Act 2004 Part 2.

Conditions Decisions under this delegated authority should be either undertaken or informed by a person qualified in accordance with r.5 of the Building Regulations 2012.

Bush Fires Act 1954 23 Functions

of the Bush Fires Act 1954

CEO Bush Fires Act 1954

The exercise of powers and discharge of duties of any Local Government functions under the Bushfires Act 1954.


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24 Prohibited Burning Times – Bush Fires Act 1954

Shire President and Chief Bush Fire Control Officer (jointly)

s.17(7)(8) Bush Fires Act 1954

Power, where seasonal conditions warrant it, to determine a variation of the prohibited burning times, in accordance with section 17(7) and (8). Conditions: Decisions under s,17(7) must be undertake jointly by both the Shire President and the Chief Bush Fire Control Officer and must comply with the procedural requirements of s.17(7B) and (8).

25 Prosecution of Offences – Bush Fires Act 1954

CEO, Coordinator Ranger Services, Rangers, Coordinator Legal Services

s.59 s.59A(2) Bush Fires Act 1954

1. Power to institute and carry on proceedings against a person for an offence alleged to be committed against this Act [s.59].

2. Power to serve an infringement notice for an offence against this Act [s.59A(2)].

Conditions: Rangers are limited to part 2 of the delegation.

Cat Act 2011 26 Functions

of the Cat Act 2011

CEO Cat Act 2011

1. Power to exercise the powers, duties and functions of the local government under the Cat Act 2011.

2. Power to appoint officers as authorised persons for the purposes of performing prescribed functions under this Act [s48 Cat Act 2011].

Dog Act 1976 27 Functions

of the Dog Act 1976

CEO Dog Act 1976

1. Power to exerci

ordinary council · 2019. 7. 2. · ordinary council . minutes . for the meeting to be held ....

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