SHIRE OF CARNARVON MINUTES ORDINARY COUNCIL ...

SHIRE OF CARNARVON

MINUTES ORDINARY COUNCIL MEETING 24 JUNE

2014

Full Council Minutes – 24 June 2014

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SHIRE OF CARNARVON DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or

intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or

Councillors. The Shire of Carnarvon 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 or intimation occurring during

Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any

statement 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 limitation of approval made by a member or officer of

the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval

from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of

Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any

conditions attaching to the decision made by the Shire of Carnarvon in respect of the application.

Rob Paull ACTING CHIEF EXECUTIVE OFFICER

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TABLE OF CONTENTS

1.0 ATTENDANCES & APOLOGIES............................................................................................. 5 2.0 PUBLIC QUESTION TIME .................................................................................................... 5

3.0 DECLARATIONS OF INTEREST ............................................................................................. 6

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN ........................................................ 6 5.0 CONFIRMATION OF MINUTES ............................................................................................ 6

6.0 PRESENTATIONS, PETITIONS AND MEMORIALS .................................................................. 6

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION ........................................... 6

8.0 DEPARTMENTAL REPORTS

8.1 GOVERNANCE

8.1.1 Actions Performed Under Delegated Authority .......................................................... 6 8.1.2 Skippers Aviation – Timetable Variation ..................................................................... 8 8.1.3 Review Annual Waste Disposal Fees – 2014/2015 …………………………………………………14

8.2 CORPORATE & COMMUNITY SERVICES

8.2.1 Accounts for Payment – May 2014 ........................................................................... 17 8.2.2 Financial Activity Statement – May 2014 .................................................................. 18 8.2.3 Investment – May 2014 ............................................................................................. 26

8.3 DEVELOPMENT SERVICES 8.3.1 Local Government Property Local Law ...................................................................... 27 8.3.2 Cat Local Laws ............................................................................................................ 30 8.3.3 Dog Local Laws .......................................................................................................... 34 8.3.4 Draft Conditions Policy .............................................................................................. 38 8.3.5 House Unfit (1) – 512 North River Road .................................................................... 39 8.3.6 House Unfit (2) – 512 North River Road .................................................................... 42 8.3.7 Tender – Electrical Services ....................................................................................... 44 8.3.8 Tender – Plumbing Services ...................................................................................... 46 8.3.9 Tender – Air-conditioning Services ............................................................................ 48 8.3.10 Tender – Cleaning Services ........................................................................................ 50 8.3.11 Tender – Security Services ......................................................................................... 52 8.3.12 Endorsed Parking Plan for Central Business District ................................................. 54 8.3.13 Access to Mining Tenement – Doorawarrah Station ................................................ 56 8.3.14 Renewal – Horse Stables – Lot 1241 East Carnarvon ................................................ 60 8.3.15 Australasian Safari Event – Request for Shire Support ............................................. 63

8.4 INFRASTRUCTURE SERVICES

No Report

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9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................ 70

10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL ......................................................................................................................... 70

11.0 DATE OF NEXT MEETING: The next meeting of Council will be held on Tuesday 22 July 2014

12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC ................... 70

13.0 CLOSURE ......................................................................................................................... 70

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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, FRANCIS STREET, CARNARVON ON TUESDAY 24 JUNE 2014

The meeting was declared open at 8.31am

1.0 ATTENDANCES, APOLOGIES AND APPROVED LEAVE OF ABSENCE: Mr K Brandenburg ............................................................................................................................... President Mr N Ganzer .............................................................................. Deputy Shire President/Councillor Town Ward Mrs N McMahon ............................................................................................................... Councillor Town Ward Mr M March...................................................................................................................... Councillor Town Ward Mr D Durmanich ...................................................................................................... Councillor, Plantation Ward Mr K Simpson .................................................... Councillor, Coral Bay Ward(by instantaneous communication)

Mr R Paull ............................................................................................................ Acting Chief Executive Officer Mr C Brown ........................................................................................................... Director , Corporate Services Mr M Shepherd ..................................................................................................................... Manager, Planning Mrs D Hill ................................................................................................................................. Executive Officer Press ................................................................................................................................................................... 1 Observers ........................................................................................................................................................... 4 Leave of Absence .............................................................................................................................. Cr Fullarton Apologies ........................................................................................................................ Cr Fullarton, Cr Nelson

2.0 PUBLIC QUESTION TIME: The following questions have been submitted by Ms Janice Roddick of Carnarvon Tackle & Marine – Question 1: Is the shire aware that the longer the visitor stays in Carnarvon the more money they spend in the town? ( if only staying up to a couple of weeks they spend very little in town) Answer: Councillors are able to make their own conclusions on the tourist spend in Carnarvon. Question 2: Can there be a compromise and have some sites at the Blow Holes for long term (up to 3 months). Not sure most people would stay for a month, I believe there is two types of visitors, 1- like to stay 3 months and 2- only stay up to a week. Answer: As the Council resolution FC 7/5/14 of 27 May 2014 stands, there is no distinction between short term and longer term visitors to Blowholes as sought. However, a Councillor may by ‘Notice of Motion’ seek to bring the matter of the limitation of stay back to Council for consideration. Question 3: Is the Shire aware that every retailer in Carnarvon relies on the visitor to Carnarvon? Answer: Councillors are able to make their own conclusions on the tourist spend in Carnarvon.

The following questions were submitted by Mr Paul Kelly, Carnarvon Tourism Alliance – Question 1: Do I have permission to address Council in regard to the agenda item relating to the Australasian Safari? Answer – The Shire President responded by advising Mr Kelly that the matter will be considered by Council later in the agenda and that he would take questions only. Question 2: Mr Kelly then asked if he could address Council in support of the agenda item relating to the Australasian Safari on the basis that his comments were essentially a question as to whether Council was aware of the benefits of the Australasian Safari.

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Answer: The Shire President advised that Mr Kelly could address Council. 3.0 DECLARATIONS OF INTEREST: Cr March (Proximity Interest) – Item 8.3.14 – Renewal of Lease M154349 for the Purpose of ‘Racehorse Stables”, Lot 1241 East Carnarvon. President Cr Brandenburg - (Financial Interest) – Item 8.3.13 – Application for Road Access and Sand Stockpiling – Miscellaneous License L09/60 on Doorawarrah Pastoral Lease by Westhaul Transport Services Pty Ltd. 4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION: Nil 5.0 CONFIRMATION OF MINUTES: 5.1 ORDINARY MEETING OF COUNCIL- 27 MAY 2014 5.2 SPECIAL MEETING OF COUNCIL – 5 JUNE 2014 FC 1/6/14 COUNCIL RESOLUTION Cr Ganzer/Cr March That the minutes of the Ordinary Meeting of Council held on 27 May 2014 and the minutes of the Special Meeting of Council held on 5 June 2014 be confirmed as true records of proceedings.

CARRIED F6/A0

6.0 PETITIONS AND MEMORIALS Nil 7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION: Nil 8.0 REPORTS: 8.1 EXECUTIVE 8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF MAY 2014 File No: A03403 Date of Meeting: 24th June 2014 Location/Address: Shire of Carnarvon Name of Applicant: N/A Name of Owner: N/A Author/s: Rob Paull, Acting Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

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Summary of Item: To report back to Council actions performed under delegated authority for the month of May 2014. Description of Proposal: Not applicable. Background: Council were previously advised of actions performed under delegated authority by means of the information bulletin which was circulated to Councillors on a month by month basis. This bulletin is not a public document and so as it increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –

- Development Approvals issued - Building Permits issued; - Health Approvals issued; - Affixing of Common Seal; - One off delegations to the Chief Executive Officer;

Consultation: Not applicable. Statutory Environment: Local Government Act 1995 Relevant Plans and Policy: Policy E019 – Affixing of the Common Seal Financial Implications: Not applicable. Risk Assessment: Nil Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

5.2.1 Maintain a high standard of corporate planning and reporting.

5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: The following tables outline the action performed within the organization relative to delegated authority for the month of May 2014 and are submitted to Council for information. Common Seal

Date Affixed Documentation

14.05.14 Transfer of Land – Lot 20/21 Foss Crescent -Shire to Van Huynh & Thi Tran

03.06.14 C05/2014 – Local Planning Strategy – Urbis Pty Ltd

05.06.14 TPS No. 10 – Amendment No. 67 – Final Approval (Lot 1379)

11.06.14 EDI Works Pty Ltd Contract – Cement Stabilisation & Wet Mixing of Road Pavement Material – Downer

Town Planning

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TOWN PLANNING SCHEME 10 - SECTION 2.4 Applications to use/develop land

File Ref: Application

Ref: Subject Land Purpose

Applicant/ Proponent

Date Granted

A91 P24/14 138 Carnarvon Road Extension of Front Verandah P Andrews 26 May 2014

A1515 P25/14 520 Robinson Road Above Ground Diesel Tank and 3

Sea Containers Hutchinson Family

Pty. Ltd. 21 May 2014

Building Approvals

Application No.

Owners Name Lot & Street Type of Building Work

B14/014 Shire Of Carnarvon Lot 1 Mahoney Avenue CARNARVON

Fire Wall

B14/021

CORAL BAY AMALGAMATED HOLDINGS c/o- SANDRA LYMBERY

LOT 52 66 ROBINSON STREET CORAL BAY

CARAVAN ANNEX

B14/028

JUSTIN SMITH LOT 6 12 CRAGGS COURT CARNARVON

REAR DECK & VERANDAH

B14/032

MARK ELLIS-SMITH LOT 6 26 BASTON STREET CARNARVON

PATIO

OFFICER’S RECOMMENDATION That Council accept the report outlining the actions performed under delegated authority for the month of May 2014. FC 2/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr McMahon That Council accept the report outlining the actions performed under delegated authority for the month of May 2014.

CARRIED F6/A0

8.1.2 REQUEST BY SKIPPERS AVIATION TO VARY THEIR TIMETABLE ON THE

PERTH/CARNARVON/MONKEY MIA/GERALDTON ROUTE DURING THE SUMMER PERIOD FROM 15 DECEMBER 2014 UNTIL 1 MARCH 2015 (INCLUSIVE).

File No: 5S0108 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Not Applicable Name of Owner: Not Applicable Author/s: Rob Paull, Acting Chief Executive Officer Declaration of Interest: None Voting Requirements: Simple Majority

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Summary of Item: The purpose of this report is to seek Council's position with respect to Skippers Aviation proposal to the Department of Transport to reduce the number of flights per week on the Perth/Carnarvon/Monkey Mia/Geraldton route during the summer period from 15 December 2014 until 1 March 2015 (inclusive). In addition to this it is proposed that flights on Christmas Day and New Year’s Day would be cancelled. Description of Proposal: N/A Background: By Email dated 13 June, 2014, the Shire was advised by the Department of Transport as follows: “After discussions held at the last Aviation Community Consultation Group Meeting on 19 March 2014, Skippers Aviation has proposed changes to the timetable on the Perth/Carnarvon/Monkey Mia/Geraldton route during the summer period from 15 December 2014 until 1 March 2015 (inclusive). As mentioned at the meeting a summer schedule with fewer flights per week is consistent with other routes in WA (e.g. the Albany and Esperance routes also reduce their flights in summer). The changes are proposed to ensure the viability of RPT air services during a low demand period when passenger numbers average 1680 per month which is 22% lower than the yearly average. Under the deed of agreement, Skippers is required to fly a minimum of 10 services per week to Carnarvon and 4 services per week to Monkey Mia. During the summer schedule the number of services would be reduced to 7 services per week to Carnarvon and remain at 4 services per week to Monkey Mia. The effect of this proposed timetable changes on the frequency of services to each town can be summarised as:

In addition to the changes reflected in the table above, the Christmas Day and New Year’s Day service would be cancelled due to lack of demand on those days. Please provide your feedback regarding the proposed Summer schedule on the Perth/Carnarvon/Monkey Mia/Geraldton route via reply email by no later than COB Friday 27 June 2014.” Consultation: No formal consultation was undertaken in the preparation of this Report however general discussions with representatives from the Carnarvon Chamber of Commerce and Carnarvon Tourism Alliance were undertaken to gauge a broader view of the proposal. It is also understood that the Department of Transport has notified the proposed changes of Skippers time table to Aviation Community Consultation Group members but not the general public. Relevant Plans and Policy: None known

Route Proposed service Current service Difference

Perth-Carnarvon-Perth

1 service per week 3 services per week Decrease of 2 services per week

Perth-Carnarvon 2 services per week 4 services per week Decrease of 2 services per week

Perth-Monkey Mia 4 services per week 5 services per week Decrease of 1 service per week

Perth-Geraldton 1 service per week 1 service per week No change

Carnarvon-Perth 6 services per week 9 services per week Decrease of 3 services per week

Carnarvon-Geraldton 1 service per week 1 service per week No change

Geraldton-Carnarvon 1 service per week 1 service per week No change

Monkey Mia-Carnarvon

4 services per week 5 services per week Decrease of 1 service per week

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Statutory Environment: None known Relevant Plans and Policy: None known Financial Implications: A reduction in flights may potentially result in increased cost for specialists and consultants visiting Carnarvon, along with Shire representatives required to travel. There may be a need to extend the length of stay which will result in additional costs (eg accommodation, meals etc) which will ultimately impact the Shire’s Budget. Changes to an airline timetable will have a broader impact on both the economy and the confidence of the Carnarvon community. Risk Assessment: The risk to the community is that the changes to the airline timetable are such that they negatively impact on the tourist and operational businesses and local residents’ activities within Carnarvon, looking for flexibility and consistency in travel arrangements. Conversely the failure to accept the changes sought impacts upon the sustainable operations of the airline whereby they are no longer able to supply the service. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.2 Facilitate the opportunities and funding options for niche tourism products and experiences.

1.1.3 Implement and regularly review the tourism strategy for the Carnarvon Shire.

1.1.4 Enhance and maintain existing Shire tourism facilities (also refer to 2.6.1).

1.1.5 Identify and further develop new tourism attractions and facilities.

1.1.7 Promote and support festivals, events and attractions that add value to the District’s economy.

Outcome 1.3 The hub of regional infrastructure and service delivery

1.4.1 Deliver the endorsed strategies outlined in the Regional Collaborative Group business case

Outcome 1.5 A thriving and diverse business environment

1.5.1 Advocate for increased resources for local business development agencies such as the Small Business Information Centre.

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1.5.2 Support employment and training programs for local business.

1.5.3 Develop strong alliances with local businesses to effectively enhance and support economic growth.

1.5.4 Develop and implement an investment attraction strategy, in partnership with stakeholders.

Outcome 3.1 Carnarvon is a proud community and is a desirable place to live, invest and visit.

3.1.1 Develop and implement an investment attraction strategy, in partnership with stakeholders to increase awareness of Carnarvon as a desirable place to invest.

3.1.2 Review Regional Collaboration.

3.1.3 Broaden the marketing of Carnarvon to promote it as a desirable place to live, invest and visit in collaboration with key stakeholders.

3.1.4 Encourage locals to talk Carnarvon up not down to promote a sense of community pride.

3.1.5 Provide opportunities for community participation to promote a sense of belonging.

3.1.6 Encourage and advocate for all to defend Carnarvon and promote positive stories.

3.1.7 Media strategies to increase awareness of Carnarvon.

Outcome 3.3 Recognition by existing residents of the value and importance of tourism to the local economy.

3.3.1 Target locals in tourism marketing and development strategies improving education and awareness of the importance of the tourism industry to the local economy.

Comment: The purpose of this report is to provide the opportunity for Council to comment on proposed changes by Skippers Aviation to “…..vary their timetable on the Perth/Carnarvon/Monkey Mia/Geraldton route during the summer period from 15 December 2014 until 1 March 2015 (inclusive).” As noted above, the issue of air services is a matter that strongly influences the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)”.The initial comment is that the period for reduced service is for almost 100 continuous days.

Outcome 3.7 Housing and transport options that respond to our community’s needs.

3.7.1 Advocate for the development of appropriate housing options for youth and disadvantaged groups such as affordable or community-based housing.

3.7.2 Advocate for improved air and public transport services for the district.

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It is noted that the Department refers to a reduced summer service exists to Albany and Esperance (which is flown by Virgin and not Skippers). However, a random review of the Virgin Website reveals that during December 2014-March 2015 the return flight availability is as follows:

Perth to Albany (return)-four flights a day between January 2014-March 2015) and noting that there are four flight (both ways) on Christmas day. Winter months are generally 3 flights a day.

Perth to Esperance (return)-three flights a day between January 2014-March 2015 (including Christmas day). Winter months are also generally 3 flights a day.

The justification provided by the Department of Transport is that the “…. changes are proposed to ensure the viability of RPT air services during a low demand period when passenger numbers average 1680 per month which is 22% lower than the yearly average. Under the deed of agreement, Skippers is required to fly a minimum of 10 services per week to Carnarvon and 4 services per week to Monkey Mia. During the summer schedule the number of services would be reduced to 7 services per week to Carnarvon and remain at 4 services per week to Monkey Mia.” It is important to note that the Shire is not a signatory to the Deed of Agreement and is therefore not in a position to confirm that the Deed provides for a variation to the timetable as sought. In addition, it is likely that when the Department was seeking interest from other airlines to undertake the service, a specific delivery regime was defined in the tender or similar arrangement. It is questioned whether the changes to the service for Carnarvon that reduces flights (in and out of Carnarvon) from three direct flights per day to one a day (for almost 100 days) is in the spirit or intent of the Deed. It is considered that the changes sought will impact the opportunity for the Shire and the tourist industry to market Carnarvon as a tourist destination if the aircraft numbers are cut as proposed. However, it would not be just the tourist industry that would be implicated by the changes. Businesses that rely on a changeover of staff or businesses that rely upon corporate travellers to attend Carnarvon would be disadvantaged along with the general community user who may require travel to Perth for medical or other reasons along with Christmas and school holiday travel to visit family and friends in WA and across Australia. In addition to this it will also potentially influence a new group of people looking to move to Carnarvon each year and make the town their home (eg new teachers, police, medical staff etc) as they look for security and confidence in their new location. The airline service to remote and regional towns is essential for the development and operations of a community. In this regard, the changes to the flight numbers sought be widely circulated in the community by the Department to ensure that adequate feedback is achieved. It is considered that Council should advise the Department that it doesn’t support the changes to the flights as sought by Skippers Aviation for the reasons expressed. Should the Department be of a mind to support the request, then prior to any determination it should undertake a comprehensive social and economic impact assessment of such actions on the community and businesses of Carnarvon and other affected locations. OFFICER’S RECOMMENDATION That Council: 1. Advise the Department of Transport that with respect to the request to Skippers Aviation proposal to

reduce the number of flights per week on the Perth/Carnarvon/Monkey Mia/Geraldton route during the summer period from 15 December 2014 until 1 March 2015 (inclusive) that Council does not support the request on the basis that:

The changes to the service for Carnarvon that reduces flights (in and out of Carnarvon) from three direct flights per day to one a day (for almost 100 continuous days) is not in the spirit or intent of the Deed.

It should be clearly recognized and acknowledged that the Carnarvon - Shark Bay route is a monopoly and in essence it would be reasonable to recognize that at certain times of the year that the route may not be profitable.

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It is considered that the changes sought will impact the opportunity for the Shire and the tourist industry to market Carnarvon as a tourist destination if the aircraft numbers are cut as proposed.

Businesses that rely on a changeover of staff or businesses that rely upon corporate travellers to attend Carnarvon would be disadvantaged along with the general community user who may require travel to Perth for medical or other reasons.

Existing local residents rely on travel options for the Christmas and school holiday period.

New residents looking to move to Carnarvon in the early part of the year will be assessing Access and transport options in general in determining their decision to move.

The airline service to remote and regional towns is essential for the development and operations of a community and the changes to the flight numbers sought need to be widely circulated in the community to ensure that adequate feedback is achieved.

Should the Department be of a mind to support the request, then prior to any determination it should seek undertake to require a comprehensive social and economic impact assessment of such actions on the community and businesses of Carnarvon and other affected locations.

2. Advise the Carnarvon Chamber of Commerce & Industry, the Carnarvon Tourism Alliance and the Gascoyne Development Commission of Council’s position on Skippers Aviation proposal to reduce the number of flights per week on the Perth/Carnarvon/Monkey Mia/Geraldton from 15 December 2014 until 1 March 2015.

FC 3/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr McMahon That Council: 1. Advise the Department of Transport that with respect to the request to Skippers Aviation proposal

to reduce the number of flights per week on the Perth/Carnarvon/Monkey Mia/Geraldton route during the summer period from 15 December 2014 until 1 March 2015 (inclusive) that Council does not support the request on the basis that:

The changes to the service for Carnarvon that reduces flights (in and out of Carnarvon) to one a day (for almost 100 continuous days) is not in the spirit or intent of the Deed.

It should be clearly recognized and acknowledged that the Carnarvon - Shark Bay route is a monopoly and in essence it would be reasonable to recognize that at certain times of the year that the route may not be profitable.

It is considered that the changes sought will impact the opportunity for the Shire and the tourist industry to market Carnarvon as a tourist destination if the aircraft numbers are cut as proposed.

Businesses that rely on a changeover of staff or businesses that rely upon corporate travellers to attend Carnarvon would be disadvantaged along with the general community user who may require travel to Perth for medical or other reasons.

Existing local residents rely on travel options for the Christmas and school holiday period.

New residents looking to move to Carnarvon in the early part of the year will be assessing Access and transport options in general in determining their decision to move.

The airline service to remote and regional towns is essential for the development and operations of a community and the changes to the flight numbers sought need to be widely circulated in the community to ensure that adequate feedback is achieved.

Should the Department be of a mind to support the request, then prior to any determination it should seek undertake to require a comprehensive social and economic impact assessment of such actions on the community and businesses of Carnarvon and other affected locations.

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2. Advise the Carnarvon Chamber of Commerce & Industry, the Carnarvon Tourism Alliance and the Gascoyne Development Commission of Council’s position on Skippers Aviation proposal to reduce the number of flights per week on the Perth/Carnarvon/Monkey Mia/Geraldton from 15 December 2014 until 1 March 2015

CARRIED F6/A0

(Note to Minute – Councillors were advised that letters of support had been received from the Carnarvon Chamber of Commerce, Gascoyne Development Commission and Carnarvon Tourism Alliance supporting Council’s response to the Department of Transport.) 8.1.3 REVIEW ANNUAL WASTE DISPOSAL FEES – 2014/2015 File No: 2F0518 Date of Meeting: 24 June 2014 Location/Address: Brown Range and Coral Bay Waste Facilities Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Acting Chief Executive Officer Declaration of Interest: None Voting Requirements: Absolute Majority

Summary of Item: A review of the annual fees applicable to the disposal of commercial waste at the Shire’s landfill site in Carnarvon. Description of Proposal: N/A Background: The Council in adopting the annual budget usually sets fees for a range of services to the community, including charges for the disposal of commercial waste. The issue of waste fees was considered by Council at the Ordinary Meeting of 29 April 2014 where Council resolved: “That the matter lay on the table to enable further investigation into the proposed waste disposal and camping fees for 2014/20165.” Therefore, the intent of this report is for Council to consider and determine appropriate fees for waste disposal to be implemented /applied to take effect on the 1st July 2014. Consultation: Consultation within the Shire and informally with Councillors has occurred in preparing this Report. Once Council resolves a fee structure, it will be obliged to give public notice of fees pursuant to Section 6.19 of the Local Government Act, 1995 before they are introduced. Statutory Environment: Council is able to:

1. Set the level of fees in accordance with Section 6.17(1) of the Local Government Act, 1995 subject to a vote by absolute majority; and

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2. Give public notice of fees and charges before they are introduced under Section 6.19 of the Local Government Act 1995 announcing:

(a) Its intention to do so; and

(b) The date from which it is proposed the fees or charges will be imposed.

Relevant Plans and Policy: Nil. Financial Implications: Through amendment/application of the following fees it is expected the Shire of Carnarvon will benefit through additional revenue to reduce burden on the Shire of Carnarvon rate payers. Risk Assessment: By not having fees and charges that provided the opportunity for the Shire to achieve cost recovery for its landfill sites in Carnarvon the Shire runs the risk of not adequately funding the landfill operations and placing undue burden on the Shire of Carnarvon rate payers. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: With the introduction of the weighbridge at the Brown Range landfill site, required to be installed to capture/record/report the amount of waste being disposed of, there is a need to amend the current commercial fee structure for the disposal of waste as shown in the table below.

Research on the fee structure has been undertaken with a number of other local governments with confirmation the preferred method of ‘charge out’ for commercial waste is by a tonnage or cubic metre rate.

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Given the Shire needs to capture the volume of waste using the weighbridge to satisfy the licence conditions imposed on the landfill operations it would appear logical that Council should adopt a similar approach to the method of charging for Commercial Waste to consistently align with other local governments. Should Council agree, it is suggested the following fee structure for Commercial Waste collection and disposal be endorsed, advertised and adopted in the coming months with the view to come into effect on the 1st July 2014:

FEES AND CHARGES-2014/2015

SHIRE OF CARNARVON

BROWNS RANGE ($ Flat Rate)

Commercial - Utility/trailer (commercial) 11.00

Tandem Trailer 100.00

Truck (up to 9 tonne) 100.00

Compact Truck 288.00

240 ltr bins 8.00

Recyclable Scrap Metal Free

White Goods – Gas Removed Free

White Goods – With Gas Free

Recyclable Green Waste Free

Hazardous Waste - Asbestos – per sheet (up to 10 sheets) 8.00

Hazardous Waste - Asbestos - (over 10 sheets) 55.00 burial fee + 27.50/tonne

Medical Waste – Burial Fee 55.00

Medical Waste 44.00/m3

Sewerage per empty (9000ltr) 55.00

Animal Carcasses – Small 3.50

Animal Carcasses – Large 5.50

Animal Carcasses - Offal 20.00

Tyres – per Tyre 4.40

Tyres with rim 24.40 Council will note that the fees proposed only relate to the Browns Range landfill site in Carnarvon without reference to the Coral Bay landfill site. It is intended that the Shire will address the practicality of fees for the Coral Bay landfill site as part of the overall Budget review.

OFFICER’S RECOMMENDATION That Council: 1. Set the following waste collection/disposal fees pursuant to Section 6.17(1) of the Local Government

Act, 1995 to take effect from 1st July 2014:

FEES AND CHARGES-2014/2015

SHIRE OF CARNARVON

BROWNS RANGE ($ Flat Rate)

Commercial - Utility/trailer (commercial) 11.00

Tandem Trailer 100.00

Truck (up to 9 tonne) 100.00

Compact Truck 288.00

240 ltr bins 8.00

Recyclable Scrap Metal Free

White Goods – Gas Removed Free

White Goods – With Gas Free

Recyclable Green Waste Free

Hazardous Waste - Asbestos – per sheet (up to 10 sheets) 8.00

Hazardous Waste - Asbestos - (over 10 sheets) 55.00 burial fee + 27.50/tonne

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Medical Waste – Burial Fee 55.00

Medical Waste 44.00/m3

Sewerage per empty (9000ltr) 55.00

Animal Carcasses – Small 3.50

Animal Carcasses – Large 5.50

Animal Carcasses - Offal 20.00

Tyres – per Tyre 4.40

Tyres with rim 24.40

2. Give public notice of fees outlined in Recommendation 1 above pursuant to Section 6.19 of the Local

Government Act, 1995 before they are introduced. Such notice shall include:

(a) The Council’s intention to do so; and (b) The date from which it is proposed the fees or charges will be imposed.

FC 4/6/14 COUNCIL RESOLUTION Cr Ganzer/Cr McMahon That the matter lay on the table for further discussion and clarification and that it be submitted back to the July 2014 Ordinary Meeting of Council for consideration.

CARRIED F6/A0

(Note to Minute – Council felt that further discussion and clarification needed to be sought prior to making a final decision on the proposed charges.)

8.2 CORPORATE 8.2.1 ACCOUNTS FOR PAYMENT MAY 2014 File No: 2F0504 Date of Meeting: 24th June 2014 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Author/s: Stacy Martyn, Creditors Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996. Background: Council delegated to CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund. Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13

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Relevant Plans and Policy: All accounts are paid as per the Shire of Carnarvon’s 2013/14 Budget. Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made. Strategic Implications” Strategy 5.4.2 of the Shire of Carnarvon Plan for the Future 2007-2010 requires the maintenance of a high standard of financial management. Comment: Accounts paid to 31st May 2014 are listed at Schedule No. 8.2.1 (1) OFFICER’S RECOMMENDATION That Council a) Endorse the accounts paid to 30th April 2014 as listed in Schedule covering vouchers numbered BD1445 To BD1446 Bank Direct $ 43,019.11 44922 To 44991 Muni $ 96,517.96 7102 To 7104 Trust $ 2,244.56 EFT13462 To EFT13637 Muni $ 1,180,371.05 Totalling $ 1,322,152.68 be endorsed by Council. b) Note Sundry Creditors as at 31st May 2014 totalling $4,989,808.78. FC 5/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr McMahon That Council a) Endorse the accounts paid to 30th April 2014 as listed in Schedule covering vouchers numbered BD1445 To BD1446 Bank Direct $ 43,019.11 44922 To 44991 Muni $ 96,517.96 7102 To 7104 Trust $ 2,244.56 EFT 13462 To EFT13637 Muni $ 1,180,371.05 Totalling $ 1,322,152.68 be endorsed by Council. b) Note Sundry Creditors as at 31st May 2014 totalling $4,989,808.78.

CARRIED F6/A0

8.2.2 FINANCIAL ACTIVITY STATEMENT – 31 MAY 2014 File No: 2F0513 Date of Meeting: 24th June 2014 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Simple Majority

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Summary of Item: The May 2014 monthly financial activity report is presented for Council acceptance - see Schedule 8.2.2 (1). Description of Proposal: N/A Background: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005, the change was implemented to provide elected members with a better idea of operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items and reconcile with the end of month balances. Consultation: Nil Statutory Environment: Presentation of a monthly financial activity report is required by the Local Government Act (section 6.4) and Local Government (Financial Management) Regulation 34 (1). Relevant Plans and Policy: Nil Financial Implications: Nil Risk Assessment: No risk identified Community & Strategic Objectives: Strategy 5.4.2 of the Shire of Carnarvon Plan for the Future 2007-2010 requires the maintenance of a high standard of financial management. Comment: Attached for consideration is the completed Statement of Financial Activity for the period ended 30 April 2014. In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%, or $10,000, whichever is the higher. With the report prepared at program level, only general comments have been made regarding sub total variances. A nil variance is equal to 100%, meaning that the year to date actual value is identical to the year to date budget estimate. Comments are therefore provided where the variances value is <90% or >110%.

Sub Prog

Prog Sub Prog Name YTD Actual YTD Budget Current Budget Variance $

01 03 RATE REVENUE 3,860,161 3,844,602 3,852,665 15,559

01 03 RATE REVENUE (32,646) (34,386) (37,500) 1,740

Income: Rates income greater than anticipated.

Sub Prog


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02 03 OTHER GENERAL PURPOSE FUNDING 2,923,085 3,438,117 4,058,281 (515,032)

02 03 OTHER GENERAL PURPOSE FUNDING (92,742) (101,530) (110,769) 8,788

Income: Interest on Investments not as anticipated (Note: this largely effects grants held in Reserve, therefore not effecting Council's Municipal budget).

Sub Prog


04 04 MEMBERS OF COUNCIL 2,856 1,088 1,100 1,768

04 04 MEMBERS OF COUNCIL (807,679) (912,273) (973,784) 104,594

Expenditure: Under allocation of Admin Allocations and Year to Date profiling issue in budgets for Councillor 'travel and conference' and SDPF donations. Manager of Finance to review and process journal for allocation adjustment.

Sub Prog


05 04 ADMINISTRATION GENERAL 33,670 17,415 18,241 16,255

05 04 ADMINISTRATION GENERAL (423,343) (261,303) (264,469) (162,040)

Income: Bonus Scheme payment received from LGIS. Expenditure: Overspent at the following budgets: Employee Costs, Procurement and Depreciation accounts (Note: overall Salaries and Wages accounts are still within total annual budget).

Sub Prog


06 05 FIRE PREVENTION 13,318 12,177 13,288 1,141

06 05 FIRE PREVENTION (39,527) (49,870) (53,785) 10,343

Expenditure: Savings in Bush fire Insurance, BFB shed maintenance and Fire prevention expenses.

Sub Prog


07 05 LAW ENFORCEMENT 33,245 17,501 17,500 15,744

07 05 LAW ENFORCEMENT (371,620) (382,651) (414,037) 11,031

Income: Received more income than anticipated across all fees for Ranger services. Expenditure: Under allocations in Admin Allocations and savings in Cat Control operations.

Sub Prog


08 05 OTHER LAW,ORDER,SAFETY 27,402 59,500 177,883 (32,098)

08 05 OTHER LAW,ORDER,SAFETY (288,210) (278,001) (295,071) (10,209)

Income: Operating grant funds still not yet received from DFES Expenditure: Long Service Leave entitlements paid for previous employee (J. Clarke) and over expenditure at Depreciation. Manager of Finance to review Depreciation allocations.

Sub Prog


21

09 06 PRE-SCHOOL 1,545 958 1,000 587

09 06 PRE-SCHOOL (15,879) (18,554) (19,718) 2,675

Sub Prog


10 06 SENIOR CITIZENS/OTHER WELFARE 26,930 26,930 26,930 -

10 06 SENIOR CITIZENS/OTHER WELFARE (29,030) (29,496) (31,903) 466

Sub Prog


11 07 MATERNAL AND INFANT HEALTH (9,844) (12,133) (13,233) 2,289

Sub Prog


14 07 HEALTH INSP AND ADMINISTRATION 53,578 41,125 44,200 12,453

14 07 HEALTH INSP AND ADMINISTRATION (443,386) (473,198) (508,451) 29,812

Income: Additional income received due to Long Service reimbursement payments from other Councils for previous Shire staff (D.Hadden). Expenditure: Year to Date profiling issue at Employee Costs and under allocation at Admin Allocations (Note: Employee Costs account is still within the annual budget overall). Manger of Finance to review and process journal for allocations adjustment.

Sub Prog


17 07 OTHER HEALTH 23,426 - - 23,426

17 07 OTHER HEALTH (42,396) (58,626) (63,223) 16,230

Income: Clag funding received from WA Country Health Services for Mosquito Management. Expenditure: Under allocation at Admin Allocations and funds not yet fully expended for Mosquito Control. Manger of Finance to review and process journal for allocations adjustment.

Sub Prog


18 06 COMMUNITY DEVELOPMENT SERVICES 38,832 63,311 76,000 (24,479)

18 06 COMMUNITY DEVELOPMENT SERVICES (452,497) (501,428) (537,733) 48,931

Income: Anticipated receipt of grant delayed. Expenditure: Considerable savings on the Gascoyne Display and Club Development Officers position being unfilled account for variance.

Sub Prog


19 06 YOUTH DEVELOPMENT STRATEGY 249,063 233,535 233,534 15,528

22

19 06 YOUTH DEVELOPMENT STRATEGY (175,776) (248,005) (268,910) 72,229

Income: Receipt of grant funds earlier than anticipated. Expenditure: Under expenditure at Employee Costs due to staff not being at full capacity until later half of financial year and considerable savings across the Youth operating expenditure budget.

Sub Prog


23 09 COUNCIL STAFF HOUSING 372,980 381,866 385,493 (8,886)

23 09 COUNCIL STAFF HOUSING (127,202) (119,103) (127,768) (8,099)

Sub Prog


25 10 SANITATION/REFUSE SITE 1,557,493 1,533,833 1,548,010 23,660

25 10 SANITATION/REFUSE SITE (1,286,822) (1,448,930) (1,518,524) 162,108

Income: Overall income greater than anticipated. Expenditure: Accounts not being to hand for April Expenditure account for Variance.

Sub Prog


29 10 PROTECTION OF ENVIRONMENT - 933,068 933,068 (933,068)

29 10 PROTECTION OF ENVIRONMENT (71,721) (1,294,974) (1,303,595) 1,223,253

Income: Grant funds from DOT for dredging still not yet received. Expenditure: Under expenditure due to project works for Fascine Maintenance still yet to be carried out. This job offset by DOT grants funds still yet to be received.

Sub Prog


30 10 TOWN PLANNING & REG DEVELOPMNT 29,289 29,337 32,000 (48)

30 10 TOWN PLANNING & REG DEVELOPMNT (428,270) (601,125) (652,343) 172,855

Expenditure: Under expenditure mainly due to Vacancy in Directors Position but variance also accounts for pending works to be done on Town Planning Schemes and Strategies.

Sub Prog


31 10 OTHER COMMUNITY AMENITIES 25,273 13,750 15,000 11,523

31 10 OTHER COMMUNITY AMENITIES (177,343) (222,944) (241,258) 45,601

Income: Invoices raised for reimbursement of Water accounts from Carnarvon Heritage Group. Expenditure: Under expenditure on Public Conveniences and Cemetery Maintenance.

Sub Prog


32 11 PUBLIC HALLS.CIVIC CENTRES 139,308 147,728 154,777 (8,420)

23

32 11 PUBLIC HALLS.CIVIC CENTRES (646,058) (710,846) (763,611) 64,788

Expenditure: Employee Costs savings and Building Maintenance not as anticipated.

Sub Prog


33 11 SWIMMING AREAS AND BEACHES 53,191 53,000 53,000 191

33 11 SWIMMING AREAS AND BEACHES (365,842) (355,827) (386,637) (10,015)

Expenditure: Over expended at Swimming Pool maintenance budget.

Sub Prog


34 11 OTHER RECREATION AND SPORT 2,422,581 5,526,962 5,528,500 (3,104,381)

34 11 OTHER RECREATION AND SPORT (2,153,789) (2,146,156) (2,310,635) (7,633)

Income: Anticipated receipt of grant delayed.

Sub Prog


35 11 LIBRARIES 996,919 1,120,586 1,124,768 (123,667)

35 11 LIBRARIES (499,912) (468,077) (505,879) (31,835)

Income: Grant funds for Library/Art Gallery project still not yet received. Expenditure: Over allocation in Depreciation. Manager of Finance to review and process journal for allocation adjustment.

Sub Prog


36 11 OTHER CULTURE 1,914 737 800 1,177

36 11 OTHER CULTURE (99,922) (99,847) (106,541) (75)

Sub Prog


37 12 CONST. STS,RDS,BRIDGES,DEPOTS 1,719,352 1,860,657 2,360,658 (141,305)

Income: Anticipate to receive further grant funds from Roads to Recovery.

Sub Prog


38 12 MTCE STS, RDS, BRIDGES, DEPOTS 8,483,485 9,983,850 9,983,850 (1,500,365)

38 12 MTCE STS, RDS, BRIDGES, DEPOTS (37,034,077) (40,575,369) (44,244,354) 3,541,292

Income: Are still to receive Flood Mitigation payment. Expenditure: Delay in invoices from Main Roads in relation to Flood Mitigation account for variance.

24

Sub Prog


39 12 ROAD PLANT PURCHASES (16,907) 76,029 76,029 (92,936)

39 12 ROAD PLANT PURCHASES - - - -

Income: Delay in purchase of new and disposal of old vehicles. Loss recorded on sale and disposal of Cherry Picker asset.

Sub Prog


42 12 AERODROMES 766,518 1,470,331 1,532,170 (703,813)

42 12 AERODROMES (524,168) (549,415) (624,399) 25,247

Income: Still anticipate the receipt of RADs grant funding. Expenditure: Under expenditure due to Year to Date budget profiling issue.

Sub Prog


43 12 PLANT PURCHASE & DISPOSAL - - - -

43 12 PLANT PURCHASE & DISPOSAL (15,721) (131,329) (131,728) 115,608

Expenditure: delay in Change over of vehicles

Sub Prog


44 13 RURAL SERVICES 170,955 170,155 170,155 800

44 13 RURAL SERVICES (149,815) (149,725) (196,262) (90)

Sub Prog


45 13 TOURISM AND AREA PROMOTION 549,364 556,927 611,000 (7,563)

45 13 TOURISM AND AREA PROMOTION (684,430) (714,216) (777,995) 29,786

Expenditure: Under expenditure due to Specified Building maintenance not yet carried out on Visitors Centre.

Sub Prog


46 13 BUILDING CONTROL 33,082 35,926 39,100 (2,844)

46 13 BUILDING CONTROL (238,438) (285,749) (310,861) 47,311

Expenditure: Delay in recruitment and not needing to seek structural advise have resulted in the under expenditure in this sub program

Sub Prog


49 13 BUILDING CONTROL 120,000 120,000 120,000 -

49 13 BUILDING CONTROL (193,183) (278,773) (304,830) 85,590

Expenditure: Delay in delivery of Economic Development projects and Year to Date budget profiling issue at Employee Costs - but still

25

within Annual Budget allocation.

Sub Prog


50 14 PRIVATE WORKS 41,836 27,500 30,000 14,336

50 14 PRIVATE WORKS (36,542) (26,906) (29,343) (9,636)

Income: Increase in income is due to increase in Private Works jobs being carried out by Council.

Sub Prog


52 14 PUBLIC WORKS OVERHEADS 5,426 1,375 1,500 4,051

52 14 PUBLIC WORKS OVERHEADS 67,428 (8,477) 6,300 75,905

Expenditure: In most cases this sub program will always be outside the allowable variance and the expenditure occurs, in most instances early in the year, however the reallocation through less allocated to works occurs over a twelve months period.

Sub Prog


53 14 PLANT OPERATION COSTS 2,589 4,749 5,000 (2,160)

53 14 PLANT OPERATION COSTS (178,502) (31,806) (24,900) (146,696)

Expenditure: refer to explanation in Public Works Overheads.

Sub Prog


55 14 SALARIES AND WAGES (26,156) (913) (1,000) (25,243)

Expenditure: Waiting to receive a payment for reimbursement of Workers Compensation

Sub Prog


56 14 UNCLASSIFIED 56,454 781,548 784,754 (725,094)

56 14 UNCLASSIFIED 22,699 - - 22,699

(23,254,150) (20,995,788) (24,138,495) (2,258,363)

OFFICER’S RECOMMENDATION That Council; In accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996 receives the Statement of Financial Activity for the period ended 31 May 2014. FC 6/4/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr McMahon That Council in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996 receives the Statement of Financial Activity for the period ended 31 May 2014.

CARRIED F6/A0

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8.2.3 INVESTMENTS AS AT 31 MAY 2014 File No: 2F0502 Date of Meeting: 24th June 2014 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To seek Council’s endorsement of surplus funds invested to 31 May 2014 Description of Proposal: N/A Background: Nil Consultation: Nil Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds. Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy. Financial Implications: Nil Risk Assessment: No risk identified Community & Strategic Objectives: Strategy 5.4.2 of the Shire of Carnarvon Plan for the Future 2007-2010 requires the maintenance of a high standard of financial management. Comment: The attached monthly report on investments (Schedule No. 8.2.3(1) has been compiled in accordance with the reporting framework included as part of Council’s investment policy. OFFICER’S RECOMMENDATION That Council receive the investments report as at 31 May 2014. FC 7/4/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr March That Council receive the investments report as at 31 May 2014.

CARRIED F6/A0

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8.3 DEVELOPMENT SERVICES 8.3.1 PROPOSED DRAFT ‘LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW

2014’ – FOR INITIATION AND COMMUNITY CONSULTATION File No: Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: The purpose of this report is to allow the Presiding Person to give notice to the meeting of the purpose and effect of the proposed Shire of Carnarvon Local Government Property and Public Places Local Law 2014, for Council to make the proposed Local Law and to allow for advertising of the proposed Local Law for public comment. Description of Proposal: Not Applicable Background: At the Ordinary meeting of 24 July 2012, Council adopted the following new (revised) local laws: • Cemetery Local Law • Dogs Local Law • Fencing Local Law • Local Government Property Local Law • Standing Orders Local Law • Parking and Parking Facilities Local Law • Repeal Local Law • Activities in Thoroughfares and Public Places and Trading Local Law and • Urban Environment Local Law From discussions and Email exchange with officers from the Department of Local Government, it does not appear that the local laws adopted on 24 July 2012 were published in the Government Gazette and thus were not “officialised”. It is not clear as to why the Local Laws were not accepted by the Department or why they weren’t pursued by the Shire. Given the amount of time which has passed, the Department has recommended that Council initiate the process under S3.12 of the Local Government Act 1995 and that this is an opportunity for Council to review the proposed local laws. Rather than overwhelm Council and the community with nine (9) or more new local laws at one time, it is considered prudent to release the draft local laws over the next 3-4 months thus allowing the opportunity for careful scrutiny. Consultation: No consultation was undertaken in the preparation of this Report. Should Council resolve to resolve to initiate the proposed Local Law, it will be advertised for public comment for a period of 42 days. Any submission received must be considered by Council before making the Local Law.

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Relevant Plans and Policy: None known Statutory Environment: Section 3.16(1) of the Local Government Act 1995 requires a local government to review each of its local laws within an eight year period since its adoption or last review. The process for the review and making of Local laws is prescribed in section 3.12 of the Local Government Act 1995 as follows:

1. At a Council meeting the person presiding is to give notice of the purpose and effect of the proposed local law by ensuring that:-

a) the purpose and effect of the proposed local law is included in the agenda for that meeting; and

b) the minutes of the meeting of the Council include the purpose and effect of the proposed local law.

2. A local government is to - a) give Statewide public notice stating that -

i. the local government proposes to make a local law, the purpose and effect of which is summarised in the notice;

ii. a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

iii. submissions about the proposed local Law may be made to a local government before a date to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

b) as soon as the notice is given, give a copy of the proposed Local Law and a copy of the notice is to be forwarded to the relevant Minister.

c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

After the last day for submissions, the local government is to consider any submissions made and may make the Local Law as proposed or make a Local Law that is not significantly different from what was proposed. The Local Law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation. The Local Law comes into effect 14 days after publication in the Government Gazette. Relevant Plans and Policy: None known Financial Implications: The proposed Local Law needs to be advertised in a newspaper circulating throughout the State and once made by Council is required to be advertised in the Government Gazette. Risk Assessment: As the proposed Local Law does not involve any significant changes from current practices it is considered low risk. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

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Comment: The draft Shire of Carnarvon Local Government Property and Public Places Local Law 2014 is based on the WALGA model local law but incorporates specific circumstances addressed by the Shire Broome and considered equally relevant to the Shire of Carnarvon (Schedule 8.3.1(i)). Amongst other things, the new local law addresses:

provisions for the control of advertising signs on local government property

prohibited and approved uses of local government property;

the erection of signs; and

the imposition of infringement notices for offences breaches of the draft Local Law. It is also noted that the draft Local Law introduces the opportunity for the Shire to apply a wheel clamp to be applied to a vehicle. By way of explanation, some travellers to Carnarvon and Coral Bay illegally camp in vehicles and became a visible issue that detracts from the amenity and visual appeal of the locality. The intent of this provision is to allow Shire Rangers to address the issue of illegal camping in the Shire The first resort of Shire Rangers when they find illegal campers is to caution the offender, and if this is ignored they can then issue an infringement notice carrying a fine. The draft Shire of Carnarvon Local Government Property and Public Places Local Law allows for a wheel clamp to be applied to a vehicle, with the offender given 24 hours to pay an impound fee to have the vehicle released. Council would define the impound fee separately to the local law. After the 24 hour period, if the vehicle has not been moved, it is impounded and further costs/fees are involved. However, in most cases the caution and infringement notice has the desired effect of moving the offenders on, but wheel clamping would provide Council with a further enforcement option when these other steps fail to get a result. As the practice for the Shire of Broome and other local governments with similar statutory authority, Rangers would use wheel clamps primarily as a deterrent and where other means of enforcement have been ignored. Should the Local Law achieve Gazettal, the Shire manual defining the Rangers Standard Operating Procedure would establish the arrangements for the use of wheel clamping. The purpose and effect of the ‘Shire of Carnarvon Local Government Property and Public Places Local Law 2014’ are as follows:

The purpose of the proposed Local Law is to regulate the care, control and management of all property under the care and control of the local government and the erection and placing of advertising signs on local government property.

The effect of the proposed Local law is to control the use of local government property. Some activities are permitted only under a permit or under a determination and some activities are restricted or prohibited.

30

Should Council seek to proceed to advertising the draft ‘Shire of Carnarvon Local Government Property and Public Places Local Law 2014’, (Schedule 8.3.1(i)) a further Report from Council will be provided addressing any submissions received and to address the rescission of any relevant existing local laws. OFFICER’S RECOMMENDATION That Council: 1. Resolve to make the ‘Shire of Carnarvon Local Government Property and Public Places Local Law

2014’ as attached as Schedule 8.3.1(i). 2. Advertise the resolution to make the ‘Shire of Carnarvon Local Government Property and Public Places

Local Law 2014’ (1. above) in the Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days.

3. Upon completion of the completion of advertising, the Chief Executive Officer be requested to prepare a further report Council on any submissions and to recommend on the final adoption of the ‘Shire of Carnarvon Local Government Property and Public Places Local Law 2014’.

FC 8/4/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr McMahon That Council: 1. Resolve to make the ‘Shire of Carnarvon Local Government Property and Public Places Local Law

2014’ as attached as Schedule 8.3.1(i). 2. Advertise the resolution to make the ‘Shire of Carnarvon Local Government Property and Public

Places Local Law 2014’ (1. above) in the Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days.

3. Upon completion of the completion of advertising, the Chief Executive Officer be requested to prepare a further report Council on any submissions and to recommend on the final adoption of the ‘Shire of Carnarvon Local Government Property and Public Places Local Law 2014’.

CARRIED F6/A0

(NOTE: Pursuant to S 3.12(2) of the Local Government Act 1995, the Shire President read aloud the purpose and effect of the proposed local law being:

The purpose of the local law is to regulate the care, control and management of all property under the care and control of the local government and the erection and placing of advertising signs on local government property.

The effect of the proposed Local law is to control the use of local government property. Some activities are permitted only under a permit or under a determination and some activities are restricted or prohibited. )

8.3.2 PROPOSED DRAFT ‘KEEPING AND CONTROL OF CATS LOCAL LAW 2014’ – FOR INITIATION AND COMMUNITY CONSULTATION File No: 2L0339 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

31

Summary of Item: The purpose of this report is to allow the Presiding Person to give notice to the meeting of the purpose and effect of the proposed Shire of Carnarvon ‘Keeping and Control of Cats Local Law 2014’, for Council to make the proposed Local Law and to allow for advertising of the proposed Local Law for public comment. Description of Proposal: Not Applicable Background At the Ordinary meeting of 24 July 2012, Council adopted the following new (revised) local laws: • Cemetery Local Law • Dogs Local Law • Fencing Local Law • Local Government Property Local Law • Standing Orders Local Law • Parking and Parking Facilities Local Law • Repeal Local Law • Activities in Thoroughfares and Public Places and Trading Local Law and • Urban Environment Local Law From discussions and Email exchange with officers from the Department of Local Government, it does not appear that the local laws adopted on 24 July 2012 were published in the Government Gazette and thus were not ‘…officialised’. It is not clear as to why the Local Laws were not accepted by the Department or why they weren’t pursued by the Shire. Given the amount of time which has passed, the Department has recommended that Council initiate the process under S3.12 of the Local Government Act 1995 and that this is an opportunity for Council to review the proposed local laws. Rather than overwhelm Council and the community with nine (9) or more new local laws at one time, it is considered prudent to release the draft local laws over the next 3-4 months thus allowing the opportunity for careful scrutiny. In relation to the control of cats, prior to 2011 regulation of cats lay solely with local governments. In this regard, Council adopted the Shire of Carnarvon Cat Control Local Law in 1997 and was subsequently Gazetted on 17 June 1997. An amendment to the local law was also Gazetted on 17 March 1998. In 2011 the State Government introduced state-wide legislation to regulate, amongst other things, the registration, sterilisation, and micro-chipping of cats through the introduction of the Cat Act 2011 (‘Cat Act’). The responsibility for enforcing the Cat Act remains with the local government. The purpose of the Cat Act is: “…..to introduce measures to: reduce the large number of stray cats being euthanised each year; encourage responsible cat ownership; and provide for better management of the unwanted impacts of cats on the community and environment”. To ensure the community are prepared for the introduction of the Cat Act the legislation is being introduced in two phases. The first phase commenced on 1 November 2012 and allowed for systems to be established prior to the introduction of phase two. Phase two commenced on 1 November 2013 with the entire Cat Act becoming operative. Since November 2013, the Shire has been regulating cat ownership through the Cat Act and the existing Local Law is obsolete. However, there are a few areas of regulation not covered by the Cat Act, specifically those relating to limiting the number of cats per premises and the regulation of catteries. The proposed

32

local law seeks to allow the Shire to retain the ability to regulate those areas of cat ownership not covered by the Cat Act. Consultation No consultation was undertaken in the preparation of this Report. Should Council resolve to resolve to initiate the proposed Local Law, section 3.12(2)(a) of the Act requires that it be advertised publicly in both local and state-wide papers for a minimum of six weeks (42 days) and a copy given to the Minister for Local Government. Any submission received must be considered by Council before making the Local Law. Relevant Plans and Policy: None known Statutory Environment Section 3.16(1) of the Local Government Act 1995 requires a local government to review each of its local laws within an eight year period since its adoption or last review. The process for the review and making of Local laws is prescribed in section 3.12 of the Local Government Act 1995 as follows: 1. At a Council meeting the person presiding is to give notice of the purpose and effect of the proposed

local law by ensuring that:- c) the purpose and effect of the proposed local law is included in the agenda for that meeting;

and d) the minutes of the meeting of the Council include the purpose and effect of the proposed

local law.

2. A local government is to - a) give Statewide public notice stating that -

i the local government proposes to make a local law, the purpose and effect of which is summarised in the notice; ii a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and iii submissions about the proposed local Law may be made to a local government before a

date to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

b) as soon as the notice is given, give a copy of the proposed Local Law and a copy of the notice is to be forwarded to the relevant Minister.

c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.

After the last day for submissions, the local government is to consider any submissions made and may make the Local Law as proposed or make a Local Law that is not significantly different from what was proposed. The Local Law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation. The Local Law comes into effect 14 days after publication in the Government Gazette. Financial Implications: The proposed Local Law needs to be advertised in a newspaper circulating throughout the State and once made by Council is required to be advertised in the Government Gazette. Risk Assessment: As the proposed Local Law does not involve any significant changes from current practices it is considered low risk.

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Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: Under the Cat Act, all cats over 6 months of age must be registered with the local government, micro-chipped, sterilised and wear tags. There are some exceptions to these requirements. The Cat Act also regulates matters such as requiring a permit to breed cats, the issuing of Cat Control Notices and clarifying powers of authorised persons. The Cat Act also allows for local laws to cover other areas such as specifying places where cats are prohibited absolutely, cat curfews, fees and charges payable in respect of any matter under the Act, and requiring in specified areas adequately enclosing a portion of the premises on which a cat is kept. Some of these provisions under the Cat Act are new areas of enforcement. However, those concerning registration and identification of cats largely mirror what has been occurring under the Shire’s current local law. Following the introduction of the Cat Act any provisions of the current local law which are inconsistent with the Cat Act will be inoperative to the extent of any inconsistency. There are, however, a few provisions of the Shire’s current local law which have not been replaced or addressed by the Cat Act. The proposed local law has been drafted so that, with regard to these specific provisions, there should be no identifiable difference between the current local law and the proposed local law. The purpose and effect of the ‘Shire of Carnarvon Keeping and Control of Cats Local Law 2014’ are:

The purpose of the Local Law is to make provisions about regulating cats, limiting the number of cats that may be kept at premises and regulating catteries.

The effect of the Local Law is to extend the controls over cats which exist under the Cat Act 2011. Should Council seek to proceed to advertising the draft Shire of Carnarvon ‘Keeping and Control of Cats Local Law 2014’, (Schedule 8.3.2(i)) a further Report from Council will be provided addressing any submissions received and to address the rescission of any relevant existing local laws. OFFICER’S RECOMMENDATION That Council: 1. Resolve to make the ‘Shire of Carnarvon Keeping and Control of Cats Local Law 2014’ as attached as

Schedule 8.3.2(i) in accordance with section 3.12of the Local Government Act 1995. 2. Advertise the resolution to make the ‘Shire of Carnarvon Keeping and Control of Cats Local Law 2014’

(1. above) in the Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days.

3. Chief Executive Officer be requested to prepare a further report Council on any submissions and to recommend on the final adoption of the ‘Shire of Carnarvon ‘Keeping and Control of Cats Local Law 2014’.

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FC 9/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr McMahon That Council: 2. Resolve to make the ‘Shire of Carnarvon Keeping and Control of Cats Local Law 2014’ as attached as

Schedule 8.3.2(i) in accordance with section 3.12of the Local Government Act 1995. 3. Advertise the resolution to make the ‘Shire of Carnarvon Keeping and Control of Cats Local Law

2014’ (1. above) in the Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days.

4. Chief Executive Officer be requested to prepare a further report Council on any submissions and to recommend on the final adoption of the ‘Shire of Carnarvon ‘Keeping and Control of Cats Local Law 2014’.

CARRIED F6/A0


The purpose of the Local Law is to make provisions about regulating cats, limiting the number of cats that may be kept at premises and regulating catteries.

The effect of the Local Law is to extend the controls over cats which exist under the Cat Act 2011.)

8.3.3 PROPOSED DRAFT ‘DOGS LOCAL LAW 2014’ – FOR INITIATION AND COMMUNITY CONSULTATION File No: 2L0304 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: The purpose of this report is to allow the Presiding Person to give notice to the meeting of the purpose and effect of the proposed ‘Shire of Carnarvon Dogs Local Law 2014’ for Council to make the proposed Local Law and to allow for advertising of the proposed Local Law for public comment. Description of Proposal: Not Applicable Background: At the Ordinary meeting of 24 July 2012, Council adopted the following new (revised) local laws: • Cemetery Local Law • Dogs Local Law • Fencing Local Law • Local Government Property Local Law • Standing Orders Local Law

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• Parking and Parking Facilities Local Law • Repeal Local Law • Activities in Thoroughfares and Public Places and Trading Local Law and • Urban Environment Local Law From discussions and Email exchange with officers from the Department of Local Government, it does not appear that the local laws adopted on 24 July 2012 were published in the Government Gazette and thus were not ‘…officialised’. It is not clear as to why the Local Laws were not accepted by the Department or why they weren’t pursued by the Shire. Given the amount of time which has passed, the Department has recommended that Council initiate the process under S3.12 of the Local Government Act 1995 and that this is an opportunity for Council to review the proposed local laws. Rather than overwhelm Council and the community with nine (9) or more new local laws at one time, it is considered prudent to release the draft local laws over the next 3-4 months thus allowing the opportunity for careful scrutiny. The current Dogs Local Law 1992 was published in the Government Gazette on 12 December 1992. The Local Law has been amended on several occasions and Gazetted on 20 March 1992; 30 June 1992; and 9 July 1993. Whilst the current Local Law and Amendments is still workable, it does requiring modernised terminology and needs to reflect amendments to the Dog Act Amendment Bill 2012 carried out by the Government to introduce a range of measures that will provide greater protection for the community and improve controls on dogs. Consultation: No consultation was undertaken in the preparation of this Report. Should Council resolve to resolve to initiate the proposed Local Law, section 3.12(2)(a) of the Act requires that it be advertised publicly in both local and state-wide papers for a minimum of six weeks (42 days) and a copy given to the Minister for Local Government. Any submission received must be considered by Council before making the Local Law. Statutory Environment: Section 3.16(1) of the Local Government Act 1995 requires a local government to review each of its local laws within an eight year period since its adoption or last review. The process for the review and making of Local laws is prescribed in section 3.12 of the Local Government Act 1995 as follows:

Objective 2. At a Council meeting the person presiding is to give notice of the purpose and effect of the proposed local law by ensuring that:-

d) the purpose and effect of the proposed local law is included in the agenda for that meeting; and e) the minutes of the meeting of the Council include the purpose and effect of the proposed local law.

Objective 3. A local government is to -

f) give Statewide public notice stating that - iv. the local government proposes to make a local law, the purpose and effect of which

is summarised in the notice; v. a copy of the proposed local law may be inspected or obtained at any place

specified in the notice; and vi. submissions about the proposed local Law may be made to a local government

before a date to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

g) as soon as the notice is given, give a copy of the proposed Local Law and a copy of the notice is to be forwarded to the relevant Minister.

h) provide a copy of the proposed local law, in accordance with the notice, to any person

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requesting it.

After the last day for submissions, the local government is to consider any submissions made and may make the Local Law as proposed or make a Local Law that is not significantly different from what was proposed. The Local Law is then published in the Government Gazette and a copy sent to the relevant Minister and the State Parliament Joint Standing Committee on Delegated Legislation. The Local Law comes into effect 14 days after publication in the Government Gazette. Relevant Plans and Policy: None known Financial Implications: The proposed Local Law needs to be advertised in a newspaper circulating throughout the State and once made by Council is required to be advertised in the Government Gazette. Risk Assessment: As the proposed Local Law does not involve any significant changes from current practices it is considered low risk. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: The adoption of the Shire of Carnarvon Dogs Local Law 2014 will give the Shire greater clarity in controlling dogs and their behaviour in a number of areas including:

Setting fees and charges for impounded dogs.

Releasing a dog from the pound and breaking into the pound to release dog.

Confining a dog and the number of dogs that can be kept.

Kennel Establishment

Dogs in public places

Dog prohibited areas. The Local Law as presented is different to the Model Local Law in that it limits the number of dogs that can be kept on any premises in the Shire to “2 dogs over the age of 3 months and the young of those dogs under that age”. Section 26(3) of the Dog Act provides for exemptions to be granted from the limit on the number of dogs that can be kept on any premises. An exemption cannot allow more than 6 dogs to be kept on any premises and conditions may be applied. Above this number a person would be required to apply for a kennel licence. A person aggrieved by the conditions applied or a refusal to grant an exemption may apply to the State Administrative Tribunal for a review of the decision. The purpose and effect of the Shire of Carnarvon Dogs Local Law 2014 are as follows:

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The purpose of the Local Law is to make provisions about the impounding of dogs, to limit the number of dogs that can be kept on any premises within the Shire to two and the manner of keeping those dogs and to prescribe areas in which dogs are prohibited and areas where dogs may be exercised.

The effect of the Local Law is to extend the controls over dogs which exist under the Dog Act 1976. Should Council seek to proceed to advertising the draft Shire of Carnarvon Dogs Local Law 2014 (Schedule 8.3.3(i)) a further Report from Council will be provided addressing any submissions received and to address the rescission of any relevant existing local laws. OFFICER’S RECOMMENDATION That Council: 1. Resolve to make the ‘Shire of Carnarvon Dog Local Law 2014’ as attached as Schedule 8.3.3(i) in

accordance with section 3.12 of the Local Government Act 1995. 2. Advertise the resolution to make the ‘Shire of Carnarvon Dog Local Law 2014’ (1. above) in the

Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days. 3. Chief Executive Officer be requested to prepare a further report Council on any submissions and to

recommend on the final adoption of the ‘Shire of Carnarvon Dog Local Law FC 10/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr McMahon That Council: 1. Resolve to make the ‘Shire of Carnarvon Dog Local Law 2014’ as attached as Schedule 8.3.3(i) in

accordance with section 3.12 of the Local Government Act 1995. 2. Advertise the resolution to make the ‘Shire of Carnarvon Dog Local Law 2014’ (1. above) in the

Northern Guardian newspaper and West Australian Newspaper with a submission period of 42 days. 3. Chief Executive Officer be requested to prepare a further report to Council on any submissions and to

recommend on the final adoption of the ‘Shire of Carnarvon Dog Local Law 2014’. CARRIED

F6/A0


The purpose of the Local Law is to make provisions about the impounding of dogs, to limit the number of dogs that can be kept on any premises within the Shire to two and the manner of keeping those dogs and to prescribe areas in which dogs are prohibited and areas where dogs may be exercised.

The effect of the Local Law is to extend the controls over dogs which exist under the Dog Act 1976.)

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8.3.4 DRAFT COUNCIL POLICY - ‘SHIRE OF CARNARVON STANDARD PLANNING DEVELOPMENT & SUBDIVISION CONDITIONS’

File No: 2C0401 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: A draft Policy has been prepared comprising ‘development’ conditions sourced from a number of local governments and draft ‘subdivision’ conditions sourced from the Western Australian Planning Commission (WAPC). It is recommended that the Council adopt the ‘Shire of Carnarvon Standard Planning Development & Subdivision Conditions’ as Council Policy. Description of Proposal: N/A Background: In determining applications for planning approval or providing comment to the WAPC on subdivision applications, the Shire will normally consider applications with conditions that enable support of an application. There are occasions where applications are not supported and grounds of refusal are required. This also applies where Council makes a determination of an application or provides comment on a subdivision application. It is appropriate that Council provide guidance to staff on acceptable conditions and grounds of refusal. Consultation: No external consultation has been undertaken with respect to the preparation of this Report or the draft Policy. Statutory Environment: Council’s role to determine the Local Government’s policies is defined in the Local Government Act, Section 2.7(2)(b). Relevant Plans and Policy: The process is to add to the Shire Policy Manual and provide the Council direction and expected practices of the Shire. Financial Implications: There are no significant direct financial implications for the current budget as a result of the adoption of the proposed policy. Risk Assessment: No risk identified. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

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5.2.3 Develop and implement audit and risk management processes.

Comment: A draft Policy has been prepared for incorporation the Shire Policy Manual (Schedule 8.3.4(i)).The draft ‘development’ conditions have been sourced from a number of local governments and the draft ‘subdivision’ conditions sourced from the WAPC. It is possible that the implementation of some conditions may currently be restricted by the development of polices associated with development matters such as cycleways, open space etc. However, it is considered appropriate to include them as a reminder of the type of policy structure necessary for any newly developing areas. OFFICER’S RECOMMENDATION That Council:- 1. Adopt the ‘Shire of Carnarvon Standard Planning Development & Subdivision Conditions’ as provided

for in Schedule 8.3.4 (i) forming part of the Shire of Carnarvon Policy Manual. FC 11/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr Ganzer That Council adopt the ‘Shire of Carnarvon Standard Planning Development & Subdivision Conditions’ as provided for in Schedule 8.3.4 (i) forming part of the Shire of Carnarvon Policy Manual.

CARRIED F6/A0

8.3.5 HOUSE TO BE DECLARED UNFIT FOR HABITATION – ANCILLARY ‘DWELLING’ NO. 1, 512

NORTH RIVER ROAD File No: A2756 Date of Meeting: 24 June 2014 Location/Address: Ancillary Dwelling No. 1, 512 (Lot 118) North River Road Name of Applicant: Shire of Carnarvon Name of Owner: Riverbank Plantations #2 Pty Ltd Author/s: Dane Wallace – Environmental Health Officer Declaration of Interest: None Voting Requirements: Simple majority

Summary of Item: This report recommends that the Shire of Carnarvon serve notice on the owner of the house identified as ‘Ancillary Dwelling No. 1,’ situated at 512 (Lot 118) North River Rd, declaring that the house is unfit for human habitation and that it shall not, after the 30th June 2014, be inhabited or occupied by any person. Description of Proposal: Not required

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Background: At an earlier Compliance Audit conducted by a Shire Environmental Health Officer, the matter of this house being unfit for human habitation was raised with the owner who gave his word that it would not be used until such time as it was completely renovated and repaired. More recently Environmental Health Officers received a complaint regarding the alleged overcrowding of some premises in Carnarvon. One house in Wheelock Way was inspected and indications were that many people had been residing in it, but they had then vacated the premises. Later, officers were informed that the ‘occupiers’ had moved to 512 North River Rd (Schedule 8.3.5(i) provides maps and aerial imagery of 512 North River Road). Consultation: No consultation has been carried out in relation to the matter before Council however the land owner is aware of the views of the Shire Staff. Statutory Environment: Health Act 1911, Part V (Dwellings), Divison 1 (Houses unfit for occupation), in particular: Section 135—Notice that house is not to be occupied;

(1) Any local government may, of its own motion, and shall, when required by order of the Executive Director, Public Health by notice in writing, declare that any house, or any specified part thereof, is unfit for human habitation”. (2) The notice may direct that such house or part thereof shall not, after a time to be specified in the notice, be inhabited or occupied by any person. (3) The notice shall be affixed to some conspicuous part of the house, and a copy of such notice shall be served upon the owner or occupier thereof.

Section 137—Notice that unfit house be amended or taken down; Section 139—Notice that unfit house is to be cleaned and repaired. Section 140—Power of local government to do work in default and recover costs Relevant Plans and Policy: None known Financial Implications: None known Risk Assessment: The risk of not acting to address the condion of the dwellings is that occupants may become sick or injured from occupation. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Outcome 3.8 Improved community health, safety and well being.

3.8.4 Develop and implement the Carnarvon Environmental Health Plan, in accordance to legislative requirements under the Health Act.

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Comment: Shire Officers inspected the premises at 512 North River Rd in response and found at the time of the inspection it was evident that a number of people had been staying there (contrary to the owner’s earlier commitment) and that all except one had gone. There were signs of dampness and mould on the ceilings, and marks on the interior walls indicating that water had been flowing down (note Item 8.3.6 in this Agenda for the report regarding the ‘Ancillary Dwelling No. 2’). Assessment of the roof structure showed that the corrugated sheet metal roof cladding was very old and not securely fixed so as to be ‘water proof.’ The external ‘ablutions’ building had very little of the roof remaining, and electrical wiring was not protected from the weather, and some structural components of the verandas were insecure. Photos were taken at a follow-up inspection on 26 February 2014 and are attached to this report under Schedule 8.3.5(ii). Enforcement options under the Health Act 1911 for houses unfit for habitation are:

Section 135—prohibit occupation of the house Section 137—direct owner to amend or to demolish the house Section 139—direct owner to clean or repair house Section 140—Where any of these notices are not complied with, the local government may carry out the terms of the notice and recover all expenses from the owner.

It is the opinion of Shire Environmental Health Officers that the house is unfit for human habitation. The Shire’s Principal Building Surveyor has advised that it is highly unlikely that the house could ever comply with the Building Code. OFFICER’S RECOMMENDATION That notice be served on the owner of 512 (Lot 118) North River Rd Carnarvon pursuant to the provisions of the Health Act S135 and S137 stating that: 1. The Shire of Carnarvon has declared that the house identified as ‘Ancillary Dwelling No. 1’ situated at

512 (Lot 118) North River Rd Carnarvon WA 6701 is unfit for human habitation and that it shall not, after the 31st June 2014 be inhabited or occupied by any person;

2. Failure to comply with this directive will result in a demolition order against the house; and 3. The owner may apply within 28 days to the State Administrative Tribunal for a review of Council’s

decision. FC 12/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr McMahon/Cr Ganzer That notice be served on the owner of 512 (Lot 118) North River Rd Carnarvon pursuant to the provisions of the Health Act S135 and S137 stating that: 1. The Shire of Carnarvon has declared that the house identified as ‘Ancillary Dwelling No. 1’ situated

at 512 (Lot 118) North River Rd Carnarvon WA 6701 is unfit for human habitation and that it shall not, after the 30th June 2014 be inhabited or occupied by any person;


decision. CARRIED

F6/A0 (Note – Typographical error in No. 2 of the officer’s recommendation which read “…. after 31st June 2014, amended to read 30th June 2014.)

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8.3.6 HOUSE TO BE DECLARED UNFIT FOR HABITATION – ANCILLARY ‘DWELLING’ NO. 2, 512 NORTH RIVER ROAD

File No: A2756 Date of Meeting: 24 June 2014 Location/Address: Ancillary No. 2, 512 (Lot 118) North River Road Name of Applicant: Shire of Carnarvon Name of Owner: Riverbank Plantations #2 Pty Ltd Author/s: Dane Wallace – Environmental Health Officer Declaration of Interest: None Voting Requirements: Simple majority

Summary of Item: This report recommends that the Shire of Carnarvon serve notice on the owner of the house identified as ‘Ancillary Dwelling No. 2,’ situated at 512 (Lot 118) North River Rd, declaring that the house is unfit for human habitation and that it shall not, after the 30th June 2014, be inhabited or occupied by any person. Description of Proposal: Not required Background: At an earlier Compliance Audit conducted by a Shire Environmental Health Officer, the matter of this house being unfit for human habitation was raised with the owner who gave his word that it would not be used until such time as it was completely renovated and repaired. More recently, Environmental Health Officers received a complaint regarding the alleged overcrowding of some premises in Carnarvon. One house in Wheelock Way was inspected and indications were that many people had been residing in it, but they had then vacated the premises. Later, officers were informed that the ‘occupiers’ had moved to 512 North River Rd (Schedule 8.3.6(i) provides maps and aerial imagery of 512 North River Road). Consultation: No consultation has been carried out in relation to the matter before Council however the land owner is aware of the views of the Shire Staff. Statutory Environment: Health Act 1911, Part V (Dwellings), Division 1 (Houses unfit for occupation), in particular: Section 135—Notice that house is not to be occupied;

(1) Any local government may, of its own motion, and shall, when required by order of the Executive Director, Public Health by notice in writing, declare that any house, or any specified part thereof, is unfit for human habitation”. (2) The notice may direct that such house or part thereof shall not, after a time to be specified in the notice, be inhabited or occupied by any person. (3) The notice shall be affixed to some conspicuous part of the house, and a copy of such notice shall be served upon the owner or occupier thereof.

Section 137—Notice that unfit house be amended or taken down; Section 139—Notice that unfit house is to be cleaned and repaired. Section 140—Power of local government to do work in default and recover costs Relevant Plans and Policy: None known

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Financial Implications: None known Risk Assessment: The risk of not acting to address the condition of the dwellings is that occupants may become sick or injured from occupation. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Co

mment: ‘An

cillary

Dwelling No. 2’ is a similar building adjacent to Ancillary No. 1 (note Item 8.3.5 in this Agenda for the report regarding the ‘Ancillary Dwelling No. 1’) and is in similar condition. While current reports have not proven people to be living in this building, there is reason to believe that this could occur and the effect of this notice will ensure that it is not occupied. Photos were taken at a follow-up inspection on 26 February 2014 and are attached to this report under Schedule 8.3.6(ii). Enforcement options under the Health Act 1911 for houses unfit for habitation are:

Section 135—prohibit occupation of the house Section 137—direct owner to amend or to demolish the house Section 139—direct owner to clean or repair house Section 140—Where any of these notices are not complied with, the local government may carry out the terms of the notice and recover all expenses from the owner.

It is the opinion of Shire Environmental Health Officers that the house is unfit for human habitation. The Shire’s Principal Building Surveyor has advised that it is highly unlikely that the house could ever comply with the Building Code. OFFICER’S RECOMMENDATION That notice be served on the owner of 512 (Lot 118) North River Rd Carnarvon WA pursuant to the provisions of the Health Act S135 and S137 stating that: 1. The Shire of Carnarvon has declared that the house identified as ‘Ancillary Dwelling No. 2’ situated at

512 (Lot 118) North River Rd Carnarvon WA 6701 is unfit for human habitation and that it shall not, after the 31st June 2014 be inhabited or occupied by any person;


decision. FC 13/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr Durmanich That notice be served on the owner of 512 (Lot 118) North River Rd Carnarvon WA pursuant to the provisions of the Health Act S135 and S137 stating that:

Outcome 3.8 Improved community health, safety and well being.

3.8.4 Develop and implement the Carnarvon Environmental Health Plan, in accordance to legislative requirements under the Health Act.

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1. The Shire of Carnarvon has declared that the house identified as ‘Ancillary Dwelling No. 2’ situated

at 512 (Lot 118) North River Rd Carnarvon WA 6701 is unfit for human habitation and that it shall not, after the 30th June 2014 be inhabited or occupied by any person;


decision. CARRIED

F6/A0 (Note – Typographical error in No. 2 of the officer’s recommendation which read “…. after 31st June 2014, amended to read 30th June 2014.) FC 14/6/14 COUNCIL RESOLUTION Cr March/Cr Ganzer That Items 8.3.7 – 8.3.11 inclusive be adopted by Council as follows - 8.3.7 TENDER SELECTION CRITERIA - 03/2014 CONTRACT FOR SUPPLY AND DELIVERY OF

ELECTRICAL SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES File No: 5O0309 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: Under Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 14(2a), local governments are required to establish, in writing, tender selection criteria prior to calling tenders and these must be included in the tender documentation. This report seeks the Council’s approval to call tenders for a ‘Contract for Supply and Delivery of Electrical Services to specified Shire Buildings and Facilities’ as specified in the tender schedule and for the selection criteria to be included in the Tender. Description of Proposal: The purpose of this contract is to secure the services of a contractor to supply electrical services to the Shire of Carnarvon for a 24 month period with a 12 month extension period exercisable at the absolute discretion of the Shire. Background: The Shire has many buildings and structures that require maintenance and new electrical fittings. It is necessary to seek qualified persons for installation and maintenance of such fittings. Consultation: Consultation within the Shire has occurred in revising the current method of engaging the services of electrical contractors with a view to reduce costs and provide services after hours at competitive rates. By entering into an electrical contract will enable the Shire to achieve quick response to emergency matters at known rates.

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Statutory Environment: Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply. In particular, Regulation 14 (2a). "If a Local Government - (a) is required to invite a Tender; or (b) not being required to invite a Tender, decides to invite a Tender. The Local Government must, before Tenders are publicly invited, determine in writing the criteria for deciding which Tender should be accepted." Relevant Plans and Policy: There are no policy implications in respect to the Council approving the selection criteria for operational tender evaluation. Financial Implications: Application of appropriate selection criteria to the tender will assist in ensuring that tenderers offering the "best value" offer with respect to the supply of goods and services are highlighted via the tender assessment process. Testing the market place via a tender process, will ensure competitive hourly rates and the capacity of electrical contractors to service the Shire’s growing needs. Provision for engagement of electrical contractors for works will be included in the 2014/15 budget. Risk Assessment: By not having an awarded tender, the Shire runs the risk of not complying with the relevant provisions of the Local Government Act 1995. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: To be compliant with the tender regulations specified under the Local Government Act (1995), the Shire is required to call for a tender for the provision of electrical services. As such, the Council is required to approve the selection criteria used to evaluate these Tenders. The selection criteria generally to be used in the tender documentation for this Tender is included as Schedule 8.3.7 (i) and is similar to previous supply contracts approved by the Council. Variations to wording or methodology are intended to highlight the major deliverables associated with this contract.

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OFFICER’S RECOMMENDATION That Council: 1. Endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply

and Delivery of Electrical Services to specified Shire Buildings and Facilities - 03/2014’ generally in accordance with Schedule 8.3.7 (i).

COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Electrical Services to specified Shire Buildings and Facilities - 03/2014’ generally in accordance with Schedule 8.3.7 (i). 8.3.8 TENDER SELECTION CRITERIA - 04/2014 CONTRACT FOR SUPPLY AND DELIVERY OF

PLUMBING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES File No: 5O0307 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: Under Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 14(2a), local governments are required to establish, in writing, tender selection criteria prior to calling tenders and these must be included in the tender documentation. This report seeks the Council’s approval to call tenders for ‘Contract for Supply and Delivery of Plumbing Services to specified Shire Buildings and Facilities’ as specified in the tender schedule and for the selection criteria to be included in the Tender. Description of Proposal: The purpose of this contract is to secure the services of a of contractors to supply plumbing services to the Shire of Carnarvon for a 24 month period with a 12 month extension period exercisable at the absolute discretion of the Shire. Background: The Shire has many buildings and structures that require maintenance and new plumbing fittings. It is necessary to seek qualified persons for installation and maintenance of such fittings. Consultation: Consultation within the Shire has occurred in revising the current method of engaging the services of plumbing contractors with a view to reduce costs and provide services after hours at competitive rates. By entering into a plumbing contract will enable the Shire to achieve quick response to emergency matters at known rates. Statutory Environment:

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Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply. In particular, Regulation 14 (2a). "If a Local Government - (a) is required to invite a Tender; or (b) not being required to invite a Tender, decides to invite a Tender. The Local Government must, before Tenders are publicly invited, determine in writing the criteria for deciding which Tender should be accepted." Relevant Plans and Policy: There are no policy implications in respect to the Council approving the selection criteria for operational tender evaluation. Financial Implications: Application of appropriate selection criteria to the tender will assist in ensuring that tenderers offering the "best value" offer with respect to the supply of goods and services are highlighted via the tender assessment process. Testing the market place via a tender process, will ensure competitive hourly rates and the capacity of plumbing contractors to service the Shire’s growing needs. Provision for engagement of plumbing contractors for works will be included in the 2014/15 budget. Risk Assessment: By not having an awarded tender, the Shire runs the risk of not complying with the relevant provisions of the Local Government Act 1995. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: To be compliant with the tender regulations specified under the Local Government Act (1995), the Shire is required to call for a tender for the provision of plumbing services. As such, the Council is required to approve the selection criteria used to evaluate these Tenders. The selection criteria generally to be used in the tender documentation for this Tender is included as Schedule 8.3.8 (i) and is similar to previous supply contracts approved by the Council. Variations to wording or methodology are intended to highlight the major deliverables associated with this contract. OFFICER’S RECOMMENDATION That Council: Endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Plumbing Services to specified Shire Buildings and Facilities - 04/2014’ generally in accordance

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with Schedule 8.3.8 (i). COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Plumbing Services to specified Shire Buildings and Facilities - 04/2014’ generally in accordance with Schedule 8.3.8 (i). 8.3.9 TENDER SELECTION CRITERIA - 09/2014 CONTRACT FOR SUPPLY AND DELIVERY OF AIR-

CONDITIONING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES File No: 5O0304 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: Under Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 14(2a), local governments are required to establish, in writing, tender selection criteria prior to calling tenders and these must be included in the tender documentation. This report seeks the Council’s approval to call tenders for ‘Contract for Supply and Delivery of air-conditioning services to specified Shire Buildings and Facilities’ as specified in the tender schedule and for the selection criteria to be included in the Tender. Description of Proposal: The purpose of this contract is to secure the services of a of contractors to supply air-conditioning services to the Shire of Carnarvon for a 24 month period with a 12 month extension period exercisable at the absolute discretion of the Shire. Background: The Shire has many buildings and structures that require maintenance and new air-conditioning fittings. It is necessary to seek qualified persons for installation and maintenance of such fittings. Consultation: Consultation within the Shire has occurred in revising the current method of engaging the services of Air-conditioning contractors with a view to reduce costs and provide services after hours at competitive rates. By entering into an air-conditioning contract will enable the Shire to achieve quick response to emergency matters at known rates. Statutory Environment: Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply. In particular, Regulation 14 (2a). "If a Local Government - (a) is required to invite a Tender; or (b) not being required to invite a Tender, decides to invite a Tender.

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The Local Government must, before Tenders are publicly invited, determine in writing the criteria for deciding which Tender should be accepted." Relevant Plans and Policy: There are no policy implications in respect to the Council approving the selection criteria for operational tender evaluation. Financial Implications: Application of appropriate selection criteria to the tender will assist in ensuring that tenderers offering the "best value" offer with respect to the supply of goods and services are highlighted via the tender assessment process. Testing the market place via a tender process, will ensure competitive hourly rates and the capacity of air-conditioning contractors to service the Shire’s growing needs. Provision for engagement of air-conditioning contractors for works will be included in the 2014/15 budget. Risk Assessment: By not having an awarded tender, the Shire runs the risk of not complying with the relevant provisions of the Local Government Act 1995. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: To be compliant with the tender regulations specified under the Local Government Act (1995), the Shire is required to call for a tender for the provision of air-conditioning services. As such, the Council is required to approve the selection criteria used to evaluate these Tenders. The selection criteria generally to be used in the tender documentation for this Tender is included as Schedule 8.3.9 (i) and is similar to previous supply contracts approved by the Council. Variations to wording or methodology are intended to highlight the major deliverables associated with this contract. OFFICER’S RECOMMENDATION That Council: Endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Air-conditioning Services to specified Shire Buildings and Facilities - 09/2014’ generally in accordance with Schedule 8.3.9 (i). COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Air-conditioning Services to specified Shire Buildings and Facilities - 09/2014’

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generally in accordance with Schedule 8.3.9 (i). 8.3.10 TENDER SELECTION CRITERIA - 02/2014 CONTRACT FOR SUPPLY AND DELIVERY OF

CLEANING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES File No: 5O0304 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: Under Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 14(2a), local governments are required to establish, in writing, tender selection criteria prior to calling tenders and these must be included in the tender documentation. This report seeks the Council’s approval to call tenders for ‘Contract for Supply and Delivery of Cleaning Services to specified Shire Buildings and Facilities’ as specified in the tender schedule and for the selection criteria to be included in the Tender. Description of Proposal: The purpose of this contract is to secure the services of a contractor to supply cleaning services to the Shire of Carnarvon for a 24 month period with a 12 month extension period exercisable at the absolute discretion of the Shire. The tender is structured such that a person or company can tender for the whole cleaning contract or a part of the contract (e.g. a contractor in Coral Bay may wish to only tender for cleaning operations in Coral Bay and not Carnarvon).

Background: The Shire has many buildings and structures that require on-going leaning. It is necessary to seek appropriate persons to undertake the cleaning of a range of buildings and structures in Carnarvon and Coral Bay. Consultation: Consultation within the Shire has occurred in revising the current method of engaging the services of a cleaning contractor with a view to reduce costs and provide services after hours at competitive rates.

Statutory Environment: Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply. In particular, Regulation 14 (2a).

"If a Local Government - (a) is required to invite a Tender; or (b) not being required to invite a Tender, decides to invite a Tender. The Local Government must, before Tenders are publicly invited, determine in writing the criteria for deciding which Tender should be accepted."

Relevant Plans and Policy: There are no policy implications in respect to the Council approving the selection criteria for operational tender evaluation.

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Financial Implications: Application of appropriate selection criteria to the tender will assist in ensuring that tenderers offering the "best value" offer with respect to the supply of goods and services are highlighted via the tender assessment process. Testing the market place via a tender process, will ensure competitive hourly rates and the capacity of a cleaning contractor/s to service the Shire’s needs. Provision for engagement of cleaning contractor/s will be included in the 2014/15 budget. Risk Assessment: By not having an awarded tender, the Shire runs the risk of not complying with the relevant provisions of the Local Government Act 1995. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: To be compliant with the tender regulations specified under the Local Government Act (1995), the Shire is required to call for a tender for the provision of cleaning services. As such, the Council is required to approve the selection criteria used to evaluate these Tenders. The selection criteria generally to be used in the tender documentation for this Tender is included as Schedule 8.3.10(i) and is similar to previous supply contracts approved by the Council. Variations to wording or methodology are intended to highlight the major deliverables associated with this contract. OFFICER’S RECOMMENDATION That Council: Endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Cleaning Services to specified Shire Buildings and Facilities - 02/2014’ generally in accordance with Schedule 8.3.10 (i). COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Cleaning Services to specified Shire Buildings and Facilities - 02/2014’ generally in accordance with Schedule 8.3.10 (i).

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8.3.11 TENDER SELECTION CRITERIA - 10/2014 CONTRACT FOR SUPPLY AND DELIVERY OF

SECURITY SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES File No: 5O0304 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: Under Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 14(2a), local governments are required to establish, in writing, tender selection criteria prior to calling tenders and these must be included in the tender documentation. This report seeks the Council’s approval to call tenders for ‘Contract for Supply and Delivery of Security Services to specified Shire Buildings and Facilities’ as specified in the tender schedule and for the selection criteria to be included in the Tender. Description of Proposal: The purpose of this contract is to secure the services of a contractor to supply security services to the Shire of Carnarvon for a 24 month period with a 12 month extension period exercisable at the absolute discretion of the Shire. The tender is structured such that a person or company can tender for the whole security contract or a part of the contract.

Background: The Shire has many buildings and structures that require on-going leaning. It is necessary to seek appropriate persons to undertake the security of a range of buildings and structures in Carnarvon (but not Coral Bay). Consultation: Consultation within the Shire has occurred in revising the current method of engaging the services of a security contractor with a view to reduce costs and provide services after hours at competitive rates.

Statutory Environment: Part 4 (Tenders) of the Local Government (Functions and General) Regulations 1996 apply. In particular, Regulation 14 (2a).

"If a Local Government - (a) is required to invite a Tender; or (b) not being required to invite a Tender, decides to invite a Tender. The Local Government must, before Tenders are publicly invited, determine in writing the criteria for deciding which Tender should be accepted."

Relevant Plans and Policy: There are no policy implications in respect to the Council approving the selection criteria for operational tender evaluation. Financial Implications:

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Application of appropriate selection criteria to the tender will assist in ensuring that tenderers offering the "best value" offer with respect to the supply of goods and services are highlighted via the tender assessment process. Testing the market place via a tender process, will ensure competitive hourly rates and the capacity of a security contractor/s to service the Shire’s needs. Provision for engagement of leaning contractor/s will be included in the 2014/15 budget. Risk Assessment: By not having an awarded tender, the Shire runs the risk of not complying with the relevant provisions of the Local Government Act 1995. Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:




Comment: To be compliant with the tender regulations specified under the Local Government Act (1995), the Shire is required to call for a tender for the provision of security services. As such, the Council is required to approve the selection criteria used to evaluate these Tenders. The selection criteria generally to be used in the tender documentation for this Tender is included as Schedule 8.3.10(i) and is similar to previous supply contracts approved by the Council. Variations to wording or methodology are intended to highlight the major deliverables associated with this contract. OFFICER’S RECOMMENDATION That Council: Endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Security Services to all Shire Buildings and Facilities - 10/2014’ generally in accordance with Schedule 8.3.10 (i). COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council endorses the calling of a tender and the compliance and qualitative criteria for ‘Contract for Supply and Delivery of Security Services to all Shire Buildings and Facilities - 10/2014’ generally in accordance with Schedule 8.3.10 (i).

CARRIED F6/A0

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8.3.12 REQUEST TO ENDORSE DEFINED PARKING AREAS PLAN UNDER THE LOCAL GOVERNMENT

ACT LOCAL LAWS File No: 5O0304 Date of Meeting: 24 June 2014 Location/Address: Not Applicable Name of Applicant: Shire of Carnarvon Name of Owner: Not Applicable Author/s: Rob Paull, Director Development Services Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: The purpose of this report is to seek Council's endorsement to prohibit or restrict the parking of vehicles within the ‘Parking Region’ as defined under the Shire of Carnarvon Local Government Act Local Laws (1993). Description of Proposal: N/A Background: The Shire of Carnarvon Local Government Act Local Laws (1993) enables Council to prohibit or restrict the parking of vehicles within the ‘Parking Region’. The area of control is essentially the Carnarvon CBD and immediate environs (Note Schedule 8.3.12 (i)). Consultation: No formal consultation was undertaken in the preparation of this Report. However Shire Officers did discuss the parking needs of the hospital with a public health representative. Subject to Council’s decision the Local Government Act Local Laws (1993) requires that where Council makes a determination to vary a parking stall, local public notice must be given and signs erected to give effect to the determination. Relevant Plans and Policy: None known Statutory Environment: The Shire of Carnarvon Local Government Act Local Laws (1993) (‘Local Law’) enables Council to prohibit or restrict the parking of vehicles within the ‘Parking Region’. Relevant Plans and Policy: None known Financial Implications: Endorsement of the Officer’s Recommendation will result in minor additional expenditure on signage and remarking of parking stalls to ensure compliance with relevant Australian Standards. Risk Assessment:

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Failure to adopt parking limitations as reflected in the Officer’s Recommendation could place the Shire at risk of being unable to enforce parking under the Local Government Act Local Laws (1993). Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows: Outcome 5.2 A high standard of governance and accountability.



Comment: The intent of the Shire is to ensure that should it wish to enforce parking prohibitions or restrictions within the ‘Parking Region’ that it has correctly established the process of parking limitations as required under the Shire of Carnarvon Local Government Act Local Laws (1993). The ‘Parking Areas Plan’ as included in Schedule 8.3.12 (ii)). It should be noted that in many respects, the recommended ‘Parking Areas Plan’ is an interim arrangement only and simply reflects the status quo in relation to the current parking arrangements in Carnarvon CBD. Should the new Shire of Carnarvon Local Government Property and Public Places Local Law 2014 be supported by Council and achieve Gazettal, further parking plans will need to be established. OFFICER’S RECOMMENDATION That Council: 1. Adopt under the Shire of Carnarvon Local Government Act Local Laws (1993), the ‘Parking Areas Plan’

as described in Schedule 8.3.12 (ii)). 2. Advertise the adoption of the ‘Parking Areas Plan’ as reflect in 1 above in the Northern Guardian

Newspaper (one edition). FC 15/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr March That Council: 1. Adopt under the Shire of Carnarvon Local Government Act Local Laws (1993), the ‘Parking Areas

Plan’ as described in Schedule 8.3.12 (ii)). 2. Advertise the adoption of the ‘Parking Areas Plan’ as reflect in 1 above in the Northern Guardian

Newspaper (one edition). FC 16/6/14 PROCEDURAL MOTION Cr March/Cr Ganzer That the matter lay on the table to enable further clarification and that it be submitted to the July 2014 Council Meeting for consideration.

CARRIED F6/A0

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8.3.13 APPLICATION FOR ROAD ACCESS AND SAND STOCKPILING: MISCELLANEOUS LICENSE L09/60 ON

DOORAWARRAH PASTORAL LEASE BY WESTHAUL TRANSPORT SERVICES PTY LTD 9.00am – The Shire President declared a financial interest in this item as he obtains sand from the leasee of the lease in question and on sells to the public. He therefore vacated the Chair, left the meeting and did not participate or vote on the matter. 9.01am – Deputy Shire President Cr Ganzer assumed the Chair. File No: 2F0211; A2353 Date of Meeting: 24 June 2014 Location/Address: Doorawarrah Pastoral Lease Name of Applicant: Westhaul Transport Services Pty Ltd Name of Owner: Crown Land (Pastoral Lease 3114/724) Author: Marius Shepherd – Manager: Planning Declaration of Interest: None Voting Requirements: Simple Majority Summary of Item: This report evaluates an application for a miscellaneous license for the purposes of proposed road access and sand stockpiling related to Mining Lease M09/154 on Doorawarrah Station under the provisions of the Mining Act 1978. Description of Proposal: The application proposes and access road linking existing Mining Lease M09/154 with the Carnarvon to Mullewa Road, as well as including a sand stockpiling area for trucks to fill up prior to transporting. Background: Under Sections 23 to 26 of the Mining Act 1978 the extraction of raw materials may be carried out on certain classes of reserved land with the written consent of the Minister for Mines and Petroleum. The Minister must consult with and obtain recommendation from the local authority and the Minister of Lands before he/she can consent to the proposed activity. In light of the legislative requirements, the Department of Mines and Petroleum (through the applicant Westhaul Transport Services Pty Ltd) are now seeking the comments and recommendations of the Shire of Carnarvon with regards to the proposed miscellaneous license for access to and sand stockpiling in relation to an existing mining lease. Figures 1 and 2 below shows the locality of the proposed access roads:

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Figure 1: Locality of proposed access road (Google Earth)

Figure 2: Application plan (Westhaul Transport Services Pty Ltd)

The proposed access road will be constructed off the Carnarvon to Mullewa road approximately 57 km inland (east) of Carnarvon, and connect with the existing Mining tenement M09/154 which is extracting sand from the Gascoyne riverbed. The total area of the proposed miscellaneous lease is 21.05 ha which includes the access road and a sand stockpiling area as indicated in Figure 3 below. Consultation: In this instance, application for a miscellaneous license is being made with the Department of Mines and Petroleum. The Shire, as the relevant local authority, is being consulted. Statutory Environment:

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The Mining Act 1978 and the Mining Regulations 1981 are not enforced by the Shire, who remains a commenting and affected party only as the proposal is generally on Unallocated Crown Land. Relevant Plans and Policy: None known Financial Implications: None known Risk Assessment: There is potential risk of damage to the shoulder of the Carnarvon to Mullewa Road when loaded trucks enter and exit the sealed surface, and of material dropped onto the road surface.

Figure3: Proposed Miscellaneous lease for access road and sand stockpiling

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Community & Strategic Objectives: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Outcome 1.2 An economy that is based on the Shire's distinct characteristics, regional advantages and natural qualities.

1.7.1 Support the introduction of sustainable bio-security and agricultural management initiatives to improve viability and profile of the agricultural industries.

Comment: The proposed access road and stockpiling area has no significant impact on the Shire in terms of land use management. It does however raise some concern over the potential impact on the Carnarvon/Mullewa road surface. More information is required regarding the number/frequency of trucks and their expected weights and the potential damage they may inflict on this road, especially at the intersection point where the proposed access road will join the Carnarvon/Mullewa road. It is recommended that, to reduce the edge break and tracking of gravel onto the Carnarvon/Mullewa road the proposed access road be required to be sealed approximately 10m back from the intersection point. It will be required that the applicant submit detailed design drawings of the access point and construct and maintain the access point for the duration of activities. OFFICER’S RECOMMENDATION That Council informs the Department of Mines and Petroleum that it does not object to the proposed unfettered road access and sand stockpiling area subject of Miscellaneous Lease L09/60 as attached in Schedule 8.3.13(i) by Westhaul Transport Services Pty Ltd on condition: 1. That detailed design drawings shall be submitted to the satisfaction of the Chief Executive Officer

(CEO) with regard to the access point and crossover off the Carnarvon to Mullewa road indicating how this connection will be constructed based on the expected usage (number/frequency and weight of trucks).

2. That the access point and crossover off the Carnarvon to Mullewa Road shall be constructed/articulated, signed and maintained at the cost of the applicant to the satisfaction of the CEO for the duration of activities.

FC 17/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr March/Cr McMahon That Council informs the Department of Mines and Petroleum that it does not object to the proposed unfettered road access and sand stockpiling area subject of Miscellaneous Lease L09/60 as attached in Schedule 8.3.13(i) by Westhaul Transport Services Pty Ltd on condition: 1. That detailed design drawings shall be submitted to the satisfaction of the Chief Executive Officer

(CEO) with regard to the access point and crossover off the Carnarvon to Mullewa road indicating how this connection will be constructed based on the expected usage (number/frequency and weight of trucks).

2. That the access point and crossover off the Carnarvon to Mullewa Road shall be constructed/articulated, signed and maintained at the cost of the applicant to the satisfaction of the CEO for the duration of activities.

CARRIED

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F5/A0

9.02am – The Shire President returned to the meeting, resumed the Chair and was advised of Council’s decision on the matter. 8.3.14 RENEWAL OF LEASE M154349 FOR THE PURPOSE OF “RACEHORSE STABLES” LOT 1241 EAST

CARNARVON 9.02am – Cr March declared a proximity interest in this item as a family member owns the property adjacent to the land in question. He therefore left the meeting and did not participate or vote on the matter. File No: A937 Date of Meeting: 24 June 2014 Location/Address: Lot 1241 on Deposited Plan 217030 (HN 10) Margaret ROW, East

Carnarvon Name of Applicant: Department of Lands Name of Owner: Department of Lands (Crown Lease M154349) Author: Marius Shepherd – Manager: Planning Declaration of Interest: None Voting Requirements: Simple Majority

Summary: This report evaluates an application for renewal of a lease for the purposes of ‘Racehorse Stables’ on Lot 1241 (HN 10) Margaret ROW, East Carnarvon. Description of Proposal: The application seeks the continuation of the current use of the land, which is for the agistment of racehorses. This is the only use of the land, which has no structures on it. Background: Lot 1241 has been used for the agistment of horses for many years under lease from the Crown. The lease has been renewed every two years with this being the latest request for a renewal for a further term of two years. Figure 1 below shows the locality of the property, and Figure 2 the current use of the property:

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Figure 1: Locality of proposed access road (Google Earth)

Consultation: As the request for comment on the proposed lease renewal is from the Department of Lands, the Shire is the party being consulted.

Figure 2: Land use of Lot 1241 East Carnarvon

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Statutory Environment: Section 79 of the Land Administration Act 1997 allows the Minister for Lands to lease crown land for any purpose. Section 79(4) allows the Minister to extend any such lease for a further term. The Shire of Carnarvon Health Local Laws, Part 5, Division 3 regarding the keeping of large animals further stipulates the requirements for keeping large animals within Carnarvon. Separate written approval from the Shire is required to ensure environmental health standards are met for the duration of the activity. Relevant Plans and Policy: None known Financial Implications: None known Risk Assessment: There may be a limited risk of odour and flies due to the keeping of horses on the property. The impact on neighbours is considered low due to neighbouring properties also keeping horses and the length of time the activity has been ongoing without any complaints. Nonetheless, the Shire will require approval under its Heath Local Law and the premises will be monitored by Environmental Health Officers. Community & Strategic Objectives: The Carnarvon Strategic Community Plan 2011 identifies the following objective and outcomes: Comment: Matters considered relevant under the “Shire of Carnarvon 10+ Year Strategic Community Plan (2011)” are as follows:

Outcome 3.4 Improved passive and active leisure and recreation facilities.

3.4.1 Develop a shire recreation plan to establish the needs, maintenance and improvements of all sporting and recreation facilities, identifies opportunities to rationalise and optimise current public open space areas and facility usage, and reviews financial viability.

The proposed renewal will simply ensure the continued use of the land for the adjustment of racehorses, which has been ongoing for many years. The land is currently vacant and is only used to train and prepare horses for racing. East Carnarvon does currently have a semi-rural character and it is not at all surprising to find horses (and other animals) on some lots. In fact, the current zoning of the property is “Residential Development” under which ‘Rural Pursuit is a Permitted (P) use and ‘Stables’ a discretionary (AA) use. Since the use has been ongoing for many years and there are no physical development on the property, Planning Approval is not considered necessary in the short term (2 years) of the lease. Environmental Health Approval will however be required to ensure health standards are met in terms of keeping large animals. It should also be noted that the Draft East Carnarvon Kingsford Structure Plan (yet to be advertised) proposes the area to be used for residential purposes only in future, which will then render the use of stables undesirable. The Structure Plan is however not yet considered a seriously entertained planning document, and the Local Planning Strategy and new Local Planning Scheme no. 13 is yet to confirm this

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direction and required zoning provisions. Therefore, it is considered fair to support the continued use of the property for the purposes of ‘Racehorse Stables’ for the next two years, after which the position can be re-evaluated. OFFICER’S RECOMMENDATION That Council: Informs the Department of Lands that it does not object to the proposed renewal of Lease M154349 on Lot 1341 (HN 10) Margaret ROW, East Carnarvon for the purposes of “Racehorse Stables” for a further term of two years on condition:

1. That the Department of Lands informs the lessee that written approval for the keeping of large animals is still required by the Shire of Carnarvon in terms of Shire Health Local Laws.

2. That the Department of Lands informs the lessee that any further development of the property may be subject to Shire Approval.

FC 18/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Ganzer/Cr Durmanich That Council: Informs the Department of Lands that it does not object to the proposed renewal of Lease M154349 on Lot 1341 (HN 10) Margaret ROW, East Carnarvon for the purposes of “Racehorse Stables” for a further term of two years on condition: 3. That the Department of Lands informs the lessee that written approval for the keeping of large

animals is still required by the Shire of Carnarvon in terms of Shire Health Local Laws. 4. That the Department of Lands informs the lessee that any further development of the property may

be subject to Shire Approval.

CARRIED F5/A0

9.04am – Cr March returned to the meeting and was advised of Council’s decision on the matter. 8.3.15 AUSTRALASIAN SAFARI EVENT 2014 – REQUEST FOR SHIRE SUPPORT TO USE TOWN OVAL R1856 File No: A757; P27/14 Date of Meeting: 24 June 2014 Location/Address: Shire of Carnarvon – Town Oval R1856 Name of Applicant: Australasian Safari Name of Owner: Shire of Carnarvon Author/s: Sarah Chan – Planning Officer Declaration of Interest: None Voting Requirements: Simple Majority

Summary of Item: The Australasian Safari event is primarily a motorsport event but there is also an element of community engagement and showcasing (tourism). It is a long distance, endurance, off-road rally which sees competitors and crews traversing over 3500km in seven days. For 2014, the Safari will be in Carnarvon from 26th September to 27th September 2014. Along with the application for Event Approval, the event organisers have requested the Shire’s support and waiver of all local government fees.

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Description of Proposal: The Australasian Safari 2014 is proposed to ‘bump in’ to Carnarvon on Friday 26 September, with an estimated time of set up for the Bivouac at the Town Oval being 10.00am (event headquarters, media centre, tents and campervans etc.). A site plan of the Bivouac set-up is provided in Schedule 8.3.15 (i). Although the event is fairly self-sufficient, with the organisers providing showers, additional toilets, catering and security, it is also requested that the on-site toilets, lighting, power and water be made available. On Saturday 27 September, in the morning, competitors and crews will start to pack up and leave. It is estimated that approximately 550 people of mixed ages – adults and families will be coming to Carnarvon for the event. On-Site Catering As per previous years, Crawford’s Catering will supply catering for those who have requested to be catered for at the event, the rest of the people purchasing meals from in-town (Dinner Friday night and Breakfast Saturday morning). Camping One night of camping on the Town Oval is proposed, estimated at around 200 – 250 people with their own facilities. Medical Facilities/Security There will be a medical tent on site and staff available, operated by Motorsport Safety and Rescue. Over-night security will also be provided for by the event coordinators. Liquor Consumption An Occasional Liquor Licence application has been submitted to the Local Police by the event coordinators. The consumption and sale of alcohol is proposed to be restricted to the designated licenced area, and consumption of alcohol in the designated camping area. These areas will not be open to the general public, but only accredited people associated with the event and VIP guests. Electrical Compliance Prior to the start of the event, an electrical contractor will be commissioned to tag and test all of the event’s electrical equipment and power cables/boards. Insurance and Liability The event is insured by the Confederation of Australian Motorsport (CAMS) and Motorcycling Australian. Noise/Lighting Highlights from the days will be shown on a projector screen, and noise is to conclude at no later than 10.00pm. Waste The event organisers have requested the following to be provided by the Shire:

- 10 wheelie bins - 2 skip bins - 2 waste oil drums

Aircrafts

- Two single engine Cessna aircraft: Cessna 172 and Cessna 210. - Two Helicopters: helipads on the oval.

Road Closures Road closures for outlying areas are proposed. No closures are proposed for within the townsite.

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Event organisers have requested assistance from the Shire by waiving of the local government fees, including the:

- Development / Event Application fee; - Environmental Health fees; - Town Oval hire fee; - Landing Fees; - Waste bin and collection costs.

Background: The application for this event containing all relevant information in accordance the Event Application Guide has been submitted, along with a request for the Shire’s support. This year will be the eighth year that the Australasian Safari will take place in Western Australia. Taking into account the competitors, support crew, media and organising staff, there were approximately 550 people travelling from town-to-town last year, along with air support, a field hospital and a fleet of campervans that double as headquarters. In summary the Australasian Safari organisers in 2014 will again use the Town Oval as a ‘base camp’, including servicing and repairs to vehicles, while the motor racing will be conducted on ‘outback’ roads throughout the district. Consistent with the previous year the event is fairly self-sufficient and relatively open to public. It should be noted that following the Ordinary Meeting of Council held on 16 May 2013, Council resolved the following: “That Council offer support to the Australasian Safari 2013 Event, and where legally permissible:

1. Waive all applicable statutory Local Government fees as part of its contribution toward the ‘Australasian Safari 2013’ Event; and

2. Make arrangements with the ‘Australasian Safari 2013’ event organisers and waste management contractors to ensure sufficient waste oil bins and skip-bins are provided at the Organiser’s cost. “

Consultation: Consultation has been undertaken with: Shire of Carnarvon internal staff: Planning Services, Building Services, Environmental Health, Waste Management, Airport Management, Ranger Services and Emergency Services. Statutory Environment: Whilst Event Approval is required under the provisions of the Shire Town Planning Scheme No.10 and the event is also required to comply with a range of legislation. The Council is able to consider and endorse the waiving of Local Government fees pursuant to Section 6.12.(1)(b) of the Local Government Act 1995 subject to a vote by absolute majority. Camping at the Town Oval – Caravan and Camping Grounds Act 1995 11. Camping other than at a caravan park or camping ground

1) A person may camp – a. for up to 3 nights in any period of 28 consecutive days on land which he or she

owns or has a legal right to occupy, and may camp for longer than 3 nights on such land if he or she has written approval under subregulation (2) and is complying with that approval;

Local Government Act Local Laws 1998

66

12.2 No person— 12.2.1 except with the prior written permission of the Council shall light any fire within a

reserve other than a fire for a barbecue or other similar purpose which is lit in a fire proof construction;

12.2.2 except an employee of the Council in the course of that person’s duties shall ride or drive any vehicle within a reserve except at or upon such place or places as the Council provides for that purpose and then only at a speed not exceeding 15 kilometres per hour. Notwithstanding that, this clause shall not apply to persons using wheelchairs or motorised wheelchairs;

12.2.3 except with the prior written permission of the Council, shall take onto and consume any liquor on a reserve. For the purpose of this clause, any person having in his possession on a reserve, any receptacle containing liquor which has been opened for consumption, shall be deemed to have consumed liquor on the reserve, and shall— (a) surrender the receptacle and contents to an Authorised Person on demand; and (b) be guilty of an offence.

12.2.4 except with the prior written permission of the Council shall camp, lodge or tarry overnight on a reserve or frequent a reserve for the purpose of camping, lodging or tarrying overnight thereon.

“Vehicle” includes— a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled

or drawn, on wheels or tracks, by any means; Relevant Plans and Policy: None known Financial Implications: This request entails the following fees to be reimbursed/donated towards the event, based on Council current fee schedule:

Planning Fee of $139.00

Event application assessment and inspection $110

Town Oval Hire Fee of $770.00

Waste Collection and Disposal of $7.70 per wheelie-bin collected (total $77.00)

Landing Fees (charged from aircraft weight) at approximately $15 – 23 per landing.

Airport Escort Services, Staff wages at approximately $65.00/hr Risk Assessment: No risk identified with the operations as reflected in this Report. However it is considered should Council resolve not to waive certain fees, there could be risk in attracting the event to be staged in Carnarvon in future years. Whilst some in the community may not see the importance of an event like the Australasian Safari, it does attract over 500 people to the town which assists the performance of local businesses. In addition, the event profiles Carnarvon in promotional literature and television highlights. Community & Strategic Objectives: The event accords with the following Shire goal and desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

Outcome 1.3 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.7 Promote and support festivals, events and attractions that add value to the District’s economy.

67

Comment: The Australasian Safari is an event that attracts approximately 550 people to Carnarvon each year, supporting the local businesses in town. In addition, the Shire and Gascoyne Region are provided with promotion in over 12 countries during the TV highlights broadcast. In light of the costs to be incurred by the event organisers, and the broad exposure and promotional benefit to be yielded by the Carnarvon community, it is recommended that the Council (where discretion applies) reimburse the fees incurred by the event organisers. This includes:

Planning Fee of $139.00

Event application assessment and inspection $110.00

Town Oval Hire Fee of $770.00

Landing Fees (charged from aircraft weight) – approximately $80.00 It is also recommended that the following be provided for the event from the Shire to absorb the cost:

- 10x Wheelie Bins and collection ($7.70 each).

Additional waste skip-bins and waste oil bins that may be required by the event organizer should be organized directly with a waste contractor, as these services are not provided by the Shire. Town Oval bond payments however should still apply, together with all applicable State levies/fees. In relation to airport escort services being waived, the Shire does not support this request as it is difficult to coordinate and the airport has a direct costs that need to be addressed. In relation to waiving of skip-bins and waste oil fees, the Shire does not provide this service and Australasian Safari should liaise directly with a waste contractor. OFFICER’S RECOMMENDATION 1 That Council approve the ‘Australasian Safari 2014’ Event subject to the following conditions: Conditions

1. The event shall conform to the ‘2014 Operations Plan Carnarvon – Leg 6’ and Site Plan that have been endorsed and form part of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the local government.

2. The ‘2014 Operations Plan Carnarvon – Leg 6’ shall be modified in consultation with Shire of Carnarvon and resubmitted to the local government for endorsement, to ensure that correct contact details for various departments are included.

3. The event organisers shall notify the Shire upon set-up and prior to the commencement of activities to arrange for Shire officers to undertake necessary compliance inspections of all temporary structures (marquees, food preparation/serving areas, separation distances, electrical installations, emergency muster points with associated signage, and placement of additional amenities such as rubbish bins etc.).

4. The organisers shall ensure that the following measures and requirements are undertaken to the satisfaction of the Shire of Carnarvon:

a. An updated 2014 Risk Assessment/Management Plan compliant with AS/NZS ISO 31000:2009 Risk Management – Principles and Guidelines is submitted to the Shire prior to commencement of activities.

b. Vehicles are not to drive along Robinson Street to access the Town Oval, but utilise Egan Street and Carnarvon Road.

c. All vehicles’ speeds do not exceed 15 kilometres per hour within the Town Oval. d. All temporary structures, signage and additional amenities at the venue are removed within

24 hours of the activity concluding, or as otherwise directed by the local government. e. The event location is returned to a neat and tidy condition, including collection and disposal

of litter and waste in a compliant manner.

68

f. Any damage to social/public infrastructure that is directly attributed to the event is repaired or replaced at the organiser’s expense.

g. In addition to the ablution facilities located on the town oval, a minimum of 2 Male WC, 5 Female WC (or total of 7 unisex) and 2 hand basins are provided.

h. Sufficient waste management are provided for, including waste oil bins and skip-bins at the organiser’s cost.

i. That all necessary approvals associated with the flight path and landing of the helicopter along with safety measures for lands and take offs are undertaken.

Advice i. This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011, Food Act 2008, Health Act 1911 and Local Government Local Laws. It is the responsibility of the event organiser to determine any necessary approval required and obtain such approvals prior to the commencement of activities. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Development Services Directorate on Ph: 9941 0000.

ii. Should the event require road closures to proceed, requests must be made as soon as possible, including submission of a formal traffic management plan.

iii. Arrangements for identifying water sources and reticulation layout should be made with the Shire’s Infrastructure Services Directorate on Ph: 9941 0000.

iv. Arrangements for waste management should be made directly with Garry Stammers, Manager of Special Projects and Waste.

v. Arrangements in regards to the airport and landing should be made directly with Garry Stammers, Manager of Special Projects and Waste.

vi. Notification of the Australasian Safari 2014 Event dates and times should be made to the Carnarvon Police, Department of Fire and Emergency Services Carnarvon and St John Ambulance Australia.

OFFICER’S RECOMMENDATION 2 That Council offer support to the Australasian Safari 2014 Event, and inform the event organisers of the following:

1. That Council waive all applicable statutory Local Government fees as part of its contribution toward the ‘Australasian Safari 2014’ Event where legally permissible.

2. That Council waive all applicable fees for the provision and collection of 10x wheelie bins. 3. With respect to the request to waive airport escort services, the Shire does not support this request

as it is difficult to coordinate and the airport has a direct costs that need to be addressed. 4. In relation to waiving of skip-bins and waste oil fees, the Shire does not provide this service and

Australasian Safari is advised that it should liaise directly with local waste contractors. FC 19/6/14 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATIONS 1 AND 2 Cr Ganzer/Cr March OFFICER’S RECOMMENDATION 1 That Council approve the ‘Australasian Safari 2014’ Event subject to the following conditions: Conditions

1. The event shall conform to the ‘2014 Operations Plan Carnarvon – Leg 6’ and Site Plan that have been endorsed and form part of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the local government.

2. The ‘2014 Operations Plan Carnarvon – Leg 6’ shall be modified in consultation with Shire of Carnarvon and resubmitted to the local government for endorsement, to ensure that correct

69

contact details for various departments are included. 3. The event organisers shall notify the Shire upon set-up and prior to the commencement of

activities to arrange for Shire officers to undertake necessary compliance inspections of all temporary structures (marquees, food preparation/serving areas, separation distances, electrical installations, emergency muster points with associated signage, and placement of additional amenities such as rubbish bins etc.).

4. The organisers shall ensure that the following measures and requirements are undertaken to the satisfaction of the Shire of Carnarvon:

a. An updated 2014 Risk Assessment/Management Plan compliant with AS/NZS ISO 31000:2009 Risk Management – Principles and Guidelines is submitted to the Shire prior to commencement of activities.

b. Vehicles are not to drive along Robinson Street to access the Town Oval, but utilise Egan Street and Carnarvon Road.

c. All vehicles’ speeds do not exceed 15 kilometres per hour within the Town Oval. d. All temporary structures, signage and additional amenities at the venue are removed

within 24 hours of the activity concluding, or as otherwise directed by the local government.

e. The event location is returned to a neat and tidy condition, including collection and disposal of litter and waste in a compliant manner.

f. Any damage to social/public infrastructure that is directly attributed to the event is repaired or replaced at the organiser’s expense.

g. In addition to the ablution facilities located on the town oval, a minimum of 2 Male WC, 5 Female WC (or total of 7 unisex) and 2 hand basins are provided.

h. Sufficient waste management are provided for, including waste oil bins and skip-bins at the organiser’s cost.

i. That all necessary approvals associated with the flight path and landing of the helicopter along with safety measures for lands and take offs are undertaken.

Advice i. This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011, Food Act 2008, Health Act 1911 and Local Government Local Laws. It is the responsibility of the event organiser to determine any necessary approval required and obtain such approvals prior to the commencement of activities. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Development Services Directorate on Ph: 9941 0000.

ii. Should the event require road closures to proceed, requests must be made as soon as possible, including submission of a formal traffic management plan.

iii. Arrangements for identifying water sources and reticulation layout should be made with the Shire’s Infrastructure Services Directorate on Ph: 9941 0000.

iv. Arrangements for waste management should be made directly with Garry Stammers, Manager of Special Projects and Waste.

v. Arrangements in regards to the airport and landing should be made directly with Garry Stammers, Manager of Special Projects and Waste.

vi. Notification of the Australasian Safari 2014 Event dates and times should be made to the Carnarvon Police, Department of Fire and Emergency Services Carnarvon and St John Ambulance Australia.

OFFICER’S RECOMMENDATION 2 That Council offer support to the Australasian Safari 2014 Event, and inform the event organisers of the following:

1. That Council waive all applicable statutory Local Government fees as part of its contribution toward the ‘Australasian Safari 2014’ Event where legally permissible.

2. That Council waive all applicable fees for the provision and collection of 10x wheelie bins. 3. With respect to the request to waive airport escort services, the Shire does not support this

70

request as it is difficult to coordinate and the airport has a direct cost that needs to be addressed. 4. That Council would be prepared to donate the equivalent of airport escort services only for

aircraft directly under the control of Australasian Safaris. 5. In relation to waiving of skip-bins and waste oil fees, the Shire does not provide this service and

Australasian Safari is advised that it should liaise directly with local waste contractors.

CARRIED F6/A0

(Note to Minute – Part 4 of Officer’s Recommendation 2 was added to reflect that Council would donate the fees and not waive as requested, as to waive the fees may set a precedent and each application should be considered on its merit. It was also noted that Council had received a letter of support from the Carnarvon Tourism Alliance in regard to Council supporting this event.)

8.5 INFRASTRUCTURE SERVICES NO REPORT

9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil 10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF

COUNCIL The Shire President was advised by Cr Ganzer that he would not be able to attend the July 2014 Ordinary Meeting of Council and requested leave of absence for this meeting. The Shire President agreed to consider the matter. FC 20/6/14 COUNCIL RESOLUTION Cr March/Cr McMahon That Councillor Ganzer be granted leave of absence for the July 2014 Ordinary Meeting of Council.

CARRIED F6/A0

It was also brought to the Shire’s President’s attention, by Crs Simpson and McMahon that they too would be unable to attend the July 2014 Meeting and requested that they be granted leave of absence. FC 21/6/14 COUNCIL RESOLUTION Cr Ganzer/Cr March That Councillor McMahon be granted leave of absence for the July 2014 Ordinary Meeting of Council.

CARRIED F6/A0

71

FC 22/6/14 COUNCIL RESOLUTION Cr March/Cr Ganzer That Councillor Simpson be granted leave of absence for the July 2014 Ordinary Meeting of Council.

CARRIED F6/A0

11.0 DATE OF NEXT MEETING: The next meeting will be held on Tuesday 22 July 2014 commencing at 8.30am 12.0 MATTERS FOR WHICH THE MEETING BE CLOSED TO THE PUBLIC: Nil 13.0 CLOSURE: The Chairman declared the meeting closed at 9.13am.

SHIRE OF CARNARVON

MINUTES ORDINARY COUNCIL MEETING

24 JUNE 2014

SCHEDULES

List of accounts submitted to the Full Council Meeting 24th June 2014

for confirmation in respect to accounts already paid.

VOUCHER

NUMBER

PAYEE DESCRIPTION MUNI BANK TRUST BANK BANK DIRECT

800 MERCHC/C MERCHANT FEES CIVIC CENTRE MERCHANT FEES CIVIC CENTRE 29.00

800 MERCHC/C MERCHANT FEES CIVIC CENTRE MERCHANT FEES CIVIC CENTRE 64.76

800 BPay BPAY FEES BPAY FEES 197.80

800 MERCHSHIRE MERCHANT FEES SHIRE MERCHANT FEES SHIRE 683.65

800 transactiv ANZ TRANSACTIVE FEES ANZ TRANSACTIVE FEES 220.87

801 WESTNETAIR AIRPORT WESTNET ACCOUNT AIRPORT WESTNET ACCOUNT 12.95

801 WESTNETSOC SHIRE WESTNET ACCOUNT SHIRE WESTNET ACCOUNT 11.00

801 WESTNETDEP DEPOT WESTNET ACCOUNT DEPOT WESTNET ACCOUNT 11.00

801 WESTNETYOU YOUTH WESTNET ACCOUNT YOUTH WESTNET ACCOUNT 34.95

1445 ANZ BANK LIMITED CORPORATE CREDIT CARD - SEE ATTACHED SCHEDULE 1559.84

1446 SG FLEET AUSTRALIA PTY LTD SG FLEET LEASE PAYMENT 05.04.2014 04.05.2014 40193.29

7102 BUILDING & CONSTRUCTION INDUSTRY TRAINING BCITF COLLECTIONS FOR APRIL 2014 1123.50

7103 BUILDING COMMISSION BSL COLLECTIONS FOR APRIL 2014 1055.06

7104 SHIRE OF CARNARVON MUNICIPAL FUND BSL COLLECTIONS FOR APRIL 2014 66.00

EFT13638 AUSTRALIAN SERVICES UNION Payroll deductions 146.64

EFT13639 ACE BUSINESS SUPPLIES 1 Yellow toner for colour printer, 1x printer cartridge for CEO,

1x printer cartridge for Senior Youth Officer

335.90

EFT13640 AMP NORTH PERSONAL SUPERANNUATION & PENSION

PLAN

Superannuation contributions 422.30

EFT13641 ALS LIBRARY SERVICES PTY LTD Books 167.65

EFT13642 AUSTRAL MERCANTILE COLLECTIONS PTY LTD LEGAL FEES RATES DEBT RECOVERY 449.61

EFT13643 BILL SMITH PLUMBING replace smashed toilet at jim richads pavillion town oval, repair

tap at sullage dump point town oval,clear blockages & repair

urinal - Library Art Gallery, replace salt damaged fixtures -

repair of running toilets , Pelican Point PC,plumbing work to

toilet in rangers office,

1517.45

EFT13644 CARNARVON MENSWEAR Argyle Steele Blue Safety Boots Suede, uniforms for tip staff 994.55

EFT13645 BLACKWOODS GERALDTON 1 x Measuring Wheel Lufkin MW1000 as per Quote

403318054500, 16 hats, 2 boxes respirators

587.38

EFT13646 B & L BUILDING repairs & plumbing work to Coral Bay PC, FIX SUNKEN PAVERS

& LARGE POT HOLES OUTSIDE THE OLD AIRPORT TERMINAL,

Construction of 4 Mobile Walls with Art Hangers for Art Gallery

9680.30

EFT13647 CABCHARGE AUSTRALIA PTY LTD TAXI FARES MARCH 2014 260.10

EFT13648 CARNARVON MOTOR GROUP PTY LTD 2014 Mazda BT50 2 WD Freestyle Cab Chassis Silver with

towbar inclusive of wiring and Alloy Tray Replacement for

30822.00

EFT13649 CARNARVON AUTO SERVICING & TOWING 75,000km Service C.27213 Mitsubishi Triton 1023.50

EFT13650 CARNARVON GLASS & WINDOW TINT NOVUS Replace windscreen on Cat Grader PGRA1 Wed 23.04.14

please contact am Wed to determine location

660.00

EFT13651 CARNARVON IGA SUNDRY HOUSEHOLD ITEMS 5 AIRPORT CRESCENT 327.10

EFT13652 CHUBB FIRE SAFETY LTD AIRPORT FIRE EXTINGUISHERS INSPECTIONS 338.14

EFT13653 COCA COLA AMATIL (AUST) PTY LTD coke products for cinema kiosk 270.13

EFT13654 COFFEE CUP CATERING TUESDAY 8 APRIL 2014 15 PEOPLE 390.00

EFT13655 CONCEPT ONE PTY LTD Superannuation contributions 599.16

SHIRE OF CARNARVON

LOCAL GOVERNMENT ACT 1995

EFT13656 CORPORATE EXPRESS STAPLES AUSTRALIA PTY LTD BULK STATIONERY ORDER SEE ATTACHED LIST FOR ITEMS

REQUESTED

564.78

EFT13657 CARNARVON AUTO ELECTRICS Install Satelite phone craddle/hands free kit to cesm vehicle,

supply & install channel radio & charger to Urban Tanker,

Emergency stop switch & battery for generator

1416.60

EFT13658 CARNARVON GROWERS ASSOCIATION Hose and fittings as per quote QU 0637 for water supply on

Quobba Gnaraloo Rd

1271.25

EFT13659 CARNARVON LAWNMOWING & GARDEN MAINTENANCE

(HENRY)

6 week period 1314to11414 Tender 8 2011Robinson St

Contract mowing

3443.41

EFT13660 CARNARVON NEWS SUPPLY AND DELIVER NEWSPAPERS TO THE ADMIN OFFICE

MARCH 2014

183.35

EFT13661 CARNARVON PLUMBING SERVICE Bore hole through footpath cnr Robinson St & Olivia Tce 336.60

EFT13662 CARNARVON MITRE 10 4 days hire of compactor 1402.95

EFT13663 CARNARVON TRAVEL CENTRE RETURN AIRFARE GILLIAN TERRY LIBRARY WORKSHOP

CARNARVON TO PERTH 27 MAY 2014 PERTH TO CARNARVON

689.00

EFT13664 ATO CHILD SUPPORT AGENCY Payroll deductions 2419.17

EFT13665 DS AGENCIES PTY LTD DIAPHRAGAM FOR MICROFLUSH TOILETS AT CVON

BLOWHOLES

49.50

EFT13666 DUKS CONTRACTING PTY LTD 3 day hire of water truck James St 15.04.14 to 17.04.2014 3786.75

EFT13667 ELDERS RURAL SERVICES AUSTRALIA LIMITED DOG FOOD FOR IMPOUNDED DOG/S 44.00

EFT13668 ELLIS ELECTRICS REDIRECT TELEPHONE LINES 132.00

EFT13669 FAIRFAX DIGITAL AUSTRALIA & NEW ZEALAND PTY LIMITED

T/A TENDERLINK.COM

Upload of Tender 05/2014 Carnarvon Aerodrom Preliminary

Design, costing and recommendaqtion report Documents

330.00

EFT13670 FIRST STATE SUPER Superannuation contributions 249.90

EFT13671 GASCOYNE OFFICE EQUIPMENT RICOH SERVICE CONTRACT MARCH 2014 5262.46

EFT13672 GTS GAUGES TRANSMITTERS SWITCHES PTY LTD 1 x GPS Tripmeter Item No GPS NEGT 1000SB for Toyota Hilux

Pute31

1650.00

EFT13673 HITS RADIO PTY LTD Mar movie guide radio advertisement 704.00

EFT13674 ICON FILM DISTRIBUTOR P/L Hire of movie Ender's Game 353.10

EFT13675 INTEGRITY COACH LINES (AUST) PTY LTD VISITORS CENTRE INTEGRITY SALES MINUS COMMISSION

01.04.2014 15.04.2014

5309.10

EFT13676 JASON SIGNMAKERS Signs as per attached drawings and quote 1066.45

EFT13677 JOLLY'S AUTO CENTRE (JOLLY'S TYRE SERVICE) Repair Puncture on C.27213 Ranger Vehicle 40.00

EFT13678 JR & A HERSEY PTY LTD Tape, Brushes, Blades, Flexi Line, Sledge Hammer, Crow Bar,

Batteries, Rags, Drill Bit Set, Spray & mark Paint, H/Duty Mesh

Bunting, CRC FOR DEPOT STORE

2393.99

EFT13679 KCD FUEL SUPPLIES FUEL SUPPLIES 15949.74

EFT13680 LANDGATE ACCOUNTS CROWN RESERVE LIST FOR THE SHIRE OF CARNARVON 181.50

EFT13681 MARKET CREATIONS IT SUPPORT FOR MARCH 2014 484.00

EFT13682 MASTERKEY SUPERANNUATION Superannuation contributions 328.35

EFT13683 MASTERKEY SUPERANNUATION Superannuation contributions 255.76

EFT13684 MCLEODS BARRISTERS & SOLICITORS CRAIG SLARK MATTER IN RELATION TO ENFORCEMENT

NOTICES CORAL BAY CARAVAN CAMPING AREAS

3210.15

EFT13685 MITCHELL & BROWN COMMUNICATIONS 2 X 24 BUTTON DIGITAL DISPLAY PHONES 541.20

EFT13686 MUNRO, TROY Concrete works for James Street Upgrade 1540.00

EFT13687 MURPHY, GRAHAM M005 CONTRACT FOR CORAL BAY RANGER FOR 24.3.14 TO

06.04.14

2604.00

EFT13688 NESPRESSO PROFESSIONAL COFFEE ORDER AS PER ATTACHED CAPSULES ORDER 248.00

EFT13689 NINGALOO REEF RESORT 1x nights accommodation at Ningaloo reef resort Sunday 6th

April 2014 for Ron and Alan (Health and Building Inspections)

396.50

EFT13690 ORICA AUSTRALIA PTY LTD Service Fee for Chlorine March 2014 878.42

EFT13691 THE TRUSTEE FOR THE PAULL SUPERANNUATION FUND Superannuation contributions 466.12

EFT13692 PURCHER INTERNATIONAL PTY LTD Seat Belt and Buckle Part No: MC147617 to suit Mitsubishi

Fuso Vin JLFFE659FOKJ40538

441.34

EFT13693 QUEENSLAND ARTS COUNCIL RTO TRUST 2 nd and final instalment for live show TASHI 3653.10

EFT13694 REPCO PTY LTD 1 x High Side Ute Box for Mazda BT50 P296 1070.68

EFT13695 SANDY MCGINNS MOTORCYCLES Parts to repair hedge cutter blade and mounting brackets 128.10

EFT13696 SEASONS OF PERTH ACCOMMODATION + ALL CHARGES GILLIAN TERRY CHECKING

IN 8 APRIL 2014 CHECKING OUT 11 APRIL 2014

534.00

EFT13697 SHERIDANS FOR BADGES NAME BADGES REFER ATTACHED LISTING 212.85

EFT13698 STATE LAW PUBLISHER TOWN PLANNING SCHEME NO. 10 AMENDMENT NO 65

GAZETTAL

122.40

EFT13699 STATEWIDE SUPERANNUATION TRUST Superannuation contributions 634.84

EFT13700 SUNNY INDUSTRIAL BRUSHWARE 4 x sets Schwarze segments for road sweeper Plant #: PSW3 880.00

EFT13701 SUN CITY PRINT & DESIGN 10 X LANDFILL BOOKS NEW DESIGN 246.00

EFT13702 TOLL EXPRESS FREIGHT 456.33

EFT13703 TOTAL EDEN PTY LIMITED 6 x Hunter One Station Decoders Part Number ICD100 679.60

EFT13704 TQUIP PARTS TO FIT TORO GROUND MASTER GM360 12 X ANTI

CUPSCALP PART No 729361 12 X BOLT BLADE PART No 925816

468.85

EFT13705 TREMOR EARTHMOVING Dry Hire of Padfoot Roller 45 days @ $400 per day,

Mob/DeMob Padfoot Roller to Carnarvon Airport @ $150 per

hour

4225.94

EFT13706 TROPICS HARDWARE Supply assorted materials 219.25

EFT13707 VOICERECOGNITION.COM.AU PTY LTD Purchase of Dragon Premium 12.5 Software & Desktop Mic DIS

KLYE

255.00

EFT13708 WA LOCAL GOVERNMENT ASSOCIATION ADVERTISING POSITION 8/2014 SUPERVISOR WASTE &

AIRPORT OPERATIONS SEEK WEBSITE

147.81

EFT13709 WESTERN AUSTRALIA HOLIDAY GUIDE T/A WESTOZ WEB

SERVICES

COMMISSION FOR BOOKING MARKETING FEES VISITORS

CENTRE

36.50

EFT13710 WEST AUSTRALIAN NEWSPAPER LTD insert movie guide March 637.50

EFT13711 WESTERLY CONTRACTORS Remove eucalyptus from 9 Norton Way and grind stump 1969.00

EFT13712 WESTRAC PTY LTD 1 x Kit Strut part number 3199511 445.13

EFT13713 WURTH AUSTRALIA PTY LTD Screws, Nuts, Fuses, Circlips, Split Pins, Springs as per quote

dated 26.02.14

107.73

EFT13714 BJ & V GARRIGAN Maintenance Grading of Yalbalgo North Rd approx 3.5 days

commencing 1.4.14,

6292.00

EFT13715 YMCA OF PERTH INC YMCA CARNARVON AQUATIC CENTRE CONTRACT MARCH 2014 19378.21

EFT13716 AIRWELL PUMPS Submersiable water pump for water supply from bores at

landfill site

8701.77

EFT13717 CARNARVON MENSWEAR UNIFORM ORDERS ADMINISTRATION 1634.30

EFT13718 CARNARVON CARAVAN PARK CARNARVON VISITORS CENTRE BOOKINGS 826.87

EFT13719 CARNARVON LUXURY CANAL HOLIDAY HOME CARNARVON VISITORS CENTRE BOOKINGS 2450.00

EFT13720 CARNARVON NETBALL ASSOCIATION COMMUNITY GROWTH GRANT CARNARVON NETBALL

ASSOCIATION

2500.00

EFT13721 CAPRICORN CARAVAN PARK CARNARVON VISITORS CENTRE BOOKINGS 1259.99

EFT13722 CARNARVON CLEANERS PTY LTD GENERAL CLEAN 5 AIRPORT CRESCENT, CARNARVON 530.00

EFT13723 CARNARVON QUALITY FRUIT & VEG KIOSK CHOCOLATES & DRINKS, SUPPLY MILK, TOILET PAPER,

TISSUES ETC

922.06

EFT13724 CARNARVON STEEL SUPPLIES DOG POUND 2 NEW PAD BOLTS FIT & SUPPLY 270.00

EFT13725 WALT DISNEY STUDIOS MOTION PICTURES, AUSTRALIA Hire of Movie Need for Speed 90.15

EFT13726 EXMOUTH DIVING CENTRE ACCOMMODATION BOOKED VISITORS CENTRE 1347.50

EFT13727 FARNE, JOHN & VERONICA MAINTENANCE OF LANDFILL SITE_CORAL BAY 16639.00

EFT13728 KICKSTARTERS GASCOYNE DASH REFUND OF BOND PAID IN 2010 FOR HIRE OF WOOLSHED 1100.00

EFT13729 INTEGRITY COACH LINES (AUST) PTY LTD TICKET SALES BY AGENT 16/04/2014 30/04/2014 9584.60

EFT13730 iSUBSCRiBE! PTY LTD 10 x 12 months magazine subscriptions 618.85

EFT13731 KALM EARTHMOVING Truck and Loader Combination hire (one operator)for building

track into 2 mile to water pump 26th/27th April 2014

1267.20

EFT13732 MACH ONE AUTO PARTS & ACCESSORIES 3 x Blackvue 550DR dash mounted cameras for Rangers

vehicles

1380.00

EFT13733 APPRENTICE & TRAINEESHIP COMPANY SCHOOL BASED TRAINEE J. IVEY 357.58

EFT13734 NINGALOO CLUB CORAL BAY CARNARVON VISITORS CENTRE BOOKINGS 1042.12

EFT13735 RAY WHITE CARNARVON RENT A/11 STUART STREET 30.04.2014 29.06.2014 1272.80

EFT13736 SUB SEA ON NINGALOO CARNARVON VISITORS CENTRE BOOKINGS 66.50

EFT13737 TOLL IPEC PTY LTD FREIGHT 529.10

EFT13738 TWENTIETH CENTURY FOX FILM DISTRIBUTORS P/L Hire of Movie Walking with Dinosaurs 330.00

EFT13739 WEST AUSTRALIAN NEWSPAPER LTD Advertising 2174.71

EFT13740 WESTERLY CONTRACTORS Clear palms & trees at Shire Office, Egan St Side 17 Willisee 2 x

ficus on front verge

1265.00

EFT13741 AFFORDABLE OFFICE MACHINES FASTBACK STRIPS 2 X PACKETS NARROW BLACK FASTBACK

STRIPS 1 X PACKET MEDIUM BLACK

245.30

EFT13742 ALAN SURGENER REIMBURSEMENT FOR PURCHASE OF ELECTRICAL EQUIPMENT

REQUIRED FOR WOOLSHED 13x 10M MAINS EXT CABLE

PIGGYBACK 9x 5M MAINS EXT PIGGYBACK

363.00

EFT13743 AUSTRALIAN TAXATION OFFICE FBT PAYMENT FOR YEAR ENDING 31.03.2014 16417.46

EFT13744 BEAUREPAIRES 4 x tyres Toyota Hilux Ute Pute 31 C27074, repair puncture on

backhoe

1269.90

EFT13745 BERNIE'S BUZZ CUTS CONTRACT MOWING OF LIONS PARK 377.52

EFT13746 BILL SMITH PLUMBING clear blockage in male toilets jim richards pavillion 146.30

EFT13747 BOC LIMITED (AUST) Hire of gas cylinders for the month of APRIL 2014 127.83

EFT13748 CARNARVON BETTA HOME LIVING CLOTHES DRYER FOR CIVIC CENTRE 379.00

EFT13749 CARNARVON MOTOR GROUP PTY LTD 70,000KM SERVICE C 27200 DDS VEHICLE 281.27

EFT13750 CARNARVON GROWERS ASSOCIATION 50 metre x 1.8 metre rols of shade cloth for CoralBay waste

facility and Browns range waste facility

522.41

EFT13751 CARNARVON MITRE 10 Hire of Compactor for 1 x day @ $120 including GST 120.00

EFT13752 FITZY'S MINI LOADS & EXCAVATIONS Pressure Cleaning of CBD & David Brand Drive Footpath

Cleaning Area,

7172.00

EFT13753 ALEXANDER FULLARTON MONTHLY COUNCILLOR SITTING FEE 1208.33

EFT13754 GANZER N MONTHLY COUNCILLOR SITTING FEE 1924.99

EFT13755 GASCOYNE AVIATION FUELS Contract payments for management of the airport 16302.00

EFT13756 HAMES SHARLEY WA PTY LTD EAST CARNARVON & KINGSFORD STRUCTURE PLAN 16555.28

EFT13757 HAYS RECRUITING Professional Recruitment Services EHO Dane Wallace 14421.00

EFT13758 HOPPYS ACCESSORY BAR tools required for new machinery purchased compactor

/excavator trucks/ side loaders

4916.55

EFT13759 JULEE NELSON MONTHLY COUNCILLOR SITTING FEE 1208.33

EFT13760 MCLEODS BARRISTERS & SOLICITORS LEGAL ADVICE RELATING TO FOI APPLICATION LOT 550

ROBINSON STREET

248.93

EFT13761 NATHAN MANNING DESIGNER DRAFTING SERVICES PROPOSED OFFICE MODICATIONS 2216.50

EFT13762 NORWEST REFRIGERATION SERVICES repair AC in 141 Olivia Terriace 492.73

EFT13763 PRIORITY SHARK BAY PTY LTD CARNARVON VISITORS CENTRE CHARTER 1671.25

EFT13764 REDCLIFF ELECTRICAL ELECTRICAL REPAIRS 2348.23

EFT13765 RELIANCE PETROLEUM FUEL SUPPLIES 1321.79

EFT13766 SEATADVISOR AUSTRALIA Ticket sales for April 90.20

EFT13767 SECUREPAY PTY LTD Frauguard on payments April 0.83

EFT13768 SUN CITY SECURITY SHIRE SECURITY & ALARM RESPONSES MARCH 14 2227.50

EFT13769 TOLL IPEC PTY LTD FREIGHT 216.77

EFT13770 UNIVERSAL PICTURES INTERNATIONAL AUSTRALASIA PTY L hirer of movie Moshi Monsters 638.00

EFT13771 VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD Landfill Management Fees Brown Range LandFill March 2014 218906.33

EFT13772 W.A. TREASURY CORPORATION Loan No. 211 Interest payment LIBRARY/ART GALLERY 24394.03

EFT13773 WILSONS ENGRAVING WORKS PLAQUE ENGRAVING MILL AS PER QUOTE NO. 18839 924.00

EFT13774 WINTERSUN CARAVAN PARK CARNARVON VISITORS CENTRE BOOKINGS 912.48

EFT13775 BJ & V GARRIGAN 12 days maintenance grading on Quobba/Gnaraloo Rd

commencing 3/4/14

20196.00

EFT13776 ABLE SALES Generator to operate water supply pump, stand pipe and

associated infrastructure

6010.00

EFT13777 ALAN HOBBS CONTRACT EHO waste management services April =153 hours A W Hobbs

contract EHO

11032.69

EFT13778 AMCAL CHEMIST CARNARVON 2x LARGE HAND SAITISER 1x LATEX GLOVES, MEDIUM 42.85

EFT13779 ARTS ON TOUR NSW PETE THE SHEEP IST INSTALMENT 4517.70

EFT13780 BAYVIEW CORAL BAY CARNARVON VISITORS CENTRE BOOKINGS 1301.99

EFT13781 CARNARVON MENSWEAR TIP STAFF UNIFORM ORDER 455.95

EFT13782 B & L BUILDING Construction of 12 New Plinths for the Library Art Gallery, OTC

WAREHOUSE URGENT ROOF REPAIRS

3503.50

EFT13783 BOOKEASY TOURISM SOLUTIONS BOOK EASY BOOKING RETURNS COMMISSIONS/MONTHLY

FEES FOR APRIL 2014

826.77

EFT13784 CABCHARGE AUSTRALIA PTY LTD TAXI FARES 79.22

EFT13785 CARNARVON CARAVAN PARK CARNARVON VISITOR CENTRE ACCOMMODATION BOOKING 262.50

EFT13786 CARNARVON CENTRAL APARTMENTS CARNARVON VISITORS CENTRE BOOKINGS 1636.25

EFT13787 CARNARVON GLASS & WINDOW TINT NOVUS Supply and fit windscreen for Hilux Ute Pute 14 C1689 450.00

EFT13788 CARNARVON IGA Youth Amenities. Cleaning Products for community hours

(Mops,Buckets, Detergent)

84.90

EFT13789 CHADSON ENGINEERING P/L Supply Lint Pot Seal as requested by YMCA 23.10

EFT13790 COUNTRYWIDE AUSTRAL PTY LTD Advertising in Auspol Journal Magazine 440.00

EFT13791 CORAL COAST PLUMBING RANGERS OFFICE INSPECT & FIX ROOTS IN PIPE WORK 148.50

EFT13792 CORAL COAST TOURIST PARK CARNARVON VISITORS CENTRE BOOKINGS 1411.35

EFT13793 CORAL COAST WATER PTY LTD WATER SALES FROM STANDPIPE 24.03.14 09.04.14 BY FITZY'S

FOR STREET CLEANING

42.05

EFT13794 COFFEE CUP APRIL COUNCIL MEETING CATERING X 15 PEOPLE 356.50

EFT13795 CORPORATE EXPRESS STAPLES AUSTRALIA PTY LTD SUPPLY ITEMS AS REQUESTED ON BULK STATIONERY ORDER

REFER TO ATTACHED LIST

488.76

EFT13796 CARNARVON QUALITY FRUIT & VEG 1 X BOX OF BAGS FOR CARNARVON VISITOR CENTRE, SUPPLY

MILK TO MAIN OFFICE

98.78

EFT13797 CARNARVON AUTO ELECTRICS Installation of Spot lights and associated wiring power feed to

trailer socket from battery to rear, isolator switch for Mazdo

Bravo

1435.50

EFT13798 CARNARVON BOWLING CLUB SPONSORSHIP FOR JUNE 2014 CARNIVAL TO CARNARVON

BOWLING CLUB

500.00

EFT13799 CARNARVON HOTEL CARNARVON VISITORS CENTRE BOOKINGS 1176.82

EFT13800 CARNARVON MEDICAL CENTRE Short Medical Ron Ashenden Building Surveyor Appointment

to be confirmed

275.00

EFT13801 CARNARVON POWER DISTRIBUTION Hire of compactor at Airport for 5 days 594.00

EFT13802 CARNARVON STEEL SUPPLIES Mazda BT50 Ute reinforce tray 454.00

EFT13803 D & J BLACK ASSORTED MANGO AND FRUIT LEATHER AND JAMS, CHUTNEYS

AND RELISHES FOR SALE AT VISITORS CENTRE

297.00

EFT13804 DUKS CONTRACTING PTY LTD Hire of 2 water carts for 11 day period 29.04.14 to 09.05.14 on

Quobba/Gnaraloo Rd

20715.75

EFT13805 ENTERTAINMENT ONE FILMS AUSTRALIA HIRE OF MOVIE THE SAPPHIRES" FOR CLOSING THE GAP DAY" 330.00

EFT13806 FASCINE LODGE CARNARVON CARNARVON VISITORS CENTRE BOOKINGS 2432.50

EFT13807 ROD FORD CONTRACTING HIRE OF MACHINERY FOR JAMES ST, REMOVAL OF

VEGETATION FOR DREDGING, CARTAGE OF SAND, REFILL

WATER TANKS AT CEMETERY

34572.50

EFT13808 GASCOYNE RIVER CONCRETE Removal of Robinson street centre speed hump and footpath

Install limestone wall replace foot path and road crossovers.

5940.00

EFT13809 GASCOYNE FUNERAL DIRECTORS & MONUMENTALS Cemetery care & maintenance 2015.00

EFT13810 GASCOYNE OFFICE EQUIPMENT supply multiple toners for various printers 900.40

EFT13811 GATEWAY MOTEL CARNARVON VISITORS CENTRE BOOKINGS 3059.00

EFT13812 GWYDIR SHIRE COUNCIL 2013/2014 Annual Membership Fee for Australia Wide Rural

Road Group

500.00

EFT13813 HAMES SHARLEY WA PTY LTD EAST CARNARVON & KINGSFORD STRUCTURE PLAN 19360.75

EFT13814 HITS RADIO PTY LTD ADVERTISING 1756.21

EFT13815 BEST WESTERN HOSPITALITY INN CARNARVON CARNARVON VISITORS CENTRE BOOKINGS 2594.33

EFT13816 JASON SIGNMAKERS Signs as quoted 10.04.14 1 x bundle GALV 60 sign posts as

quoted

2550.90

EFT13817 JD'S SOUND & LIGHTING PTY LTD 6 X LED LIGHTS / CURTAINING/ TRUSS BARS REQUIRED FOR

THEATRE STAGING

3299.00

EFT13818 JOLLY'S AUTO CENTRE (JOLLY'S TYRE SERVICE) Youth Vehicle 4 new tyres for Toyota Yaris. 424.00

EFT13819 KALM EARTHMOVING Hire of 1 Water Truck for period 30.04.14 to 09.05.14 on

Quobba/Gnaraloo Rd

6146.80

EFT13820 KCD FUEL SUPPLIES FUEL SUPPLIES 2476.24

EFT13821 DAVID KLYE REIMBURSE PURCHASE OF STAFF UNIFORM 105.00

EFT13822 LANDGATE ACCOUNTS RURAL UV GENERAL REVALUATION 2013/2014 3571.90

EFT13823 LAND INSIGHTS BABBAGE ISLAND & WHITLOCK ISLANDS STRUCTURE PLAN

NOV 13 APRIL 14 AS PER ORDER 20093

49047.08

EFT13824 MALCOLM THOMPSON PUMPS 1 X REPLACEMENT PUMP FOR WASTE WATER PONDS

AQUAPLUS SPHB8080280S2055

5628.70

EFT13825 MARKET CREATIONS PROVIDE TECHICAL SUPPORT FOR APRIL 2014 544.50

EFT13826 MCLEODS BARRISTERS & SOLICITORS 34422 NINGALOO BEACH RESORT FOOD ACT PROSECUTIONS 4739.33

EFT13827 APPRENTICE & TRAINEESHIP COMPANY SCHOOL BASED TRAINEE J. IVEY 203.27

EFT13828 LGIS RISK MANAGEMENT Training Workshops Grievance and Risk Management 2 x 3 hrs

sessions @ $720 1 x full day session @ $1500 Accommodation

3300.00

EFT13829 NORWEST REFRIGERATION SERVICES REPAIRS TO AIRCON LOTTERIES HOUSE aircon is blowing hot

air, please rectify

464.20

EFT13830 NORTH WEST AUTOS Replacement Vehicles 87315.12

EFT13831 ORICA AUSTRALIA PTY LTD Service Fee for Chlorine APRIL 2014 WASTEWATER POND

PUMP OP

818.40

EFT13832 PAULL, ROB REIMBURSEMENT FOR PURCHASE OF UNIFORM 108.95

EFT13833 PEARSON, KEITH REVIEW & PREPARE REPORT THUDGARI NATIVE TITLE HOLDERS

AGREEMENT WITH LOCAL GOVERNMENT

792.00

EFT13834 POTSHOT HOTEL RESORT CARNARVON VISITORS CENTRE BOOKINGS 350.00

EFT13835 PRODESIGN LIGHTING PTY LTD Gels needed for live show TASHI"" 75.90

EFT13836 RAY WHITE CARNARVON RENT 19 CASTRINI CRESCENT & 1B RICHARDS ST 3661.67

EFT13837 REPCO PTY LTD 1 x set Hand Held Radios for traffic control, 1x set of floor mats

and seat covers

371.44

EFT13838 CARNARVON SEA CHANGE APARTMENTS CARNARVON VISITORS CENTRE BOOKINGS 1015.00

EFT13839 TERRY, GILLIAN REIMBURSE EXPENSES FOR VISIT TO EXMOUTH LIBRARY 315.00

EFT13840 TOYWORLD CARNARVON Felt boards (assorted) T37415 224.00

EFT13841 TREMOR EARTHMOVING 1 day wet hire of Padfoot Roller - James St, Mobilisation /

Demobilisation of Padfoot Roller to James St, 1 DAY HIRE OF

GRADER WITH FINAL TRIM OPERATOR AT JAMES ST, 2 days

hire of grader with final trim, operator (D Whitby) James Street,

1 DAY WET HIRE OF PADFOOT ROLLER, Mobilisation of Shire

Loader from Carnarvon Depot to Coral Pit on Rio Access Rd ,

Mobilisation of Multiwheel Roller and Padfoot Roller from

Carnarvon to Quobba Station, 2 x single side tippers for 4 days

@ $170 per hour, 1 x Grader with Final Trim Operator for 4

days @ $190 per hour, Cartage of extra Roadbase from Texcom

Quarry to James St

30962.25

EFT13842 TRULINE EXCAVATIONS & PLUMBING PTY LTD TRAFFIC MANAGEMENT FOR ANZAC DAY 355.03

EFT13843 W.A. TREASURY CORPORATION Loan No. 214 Fixed Component 210929.47

EFT13844 WESTERN AUSTRALIA HOLIDAY GUIDE T/A WESTOZ WEB

SERVICES

COMPLETED BOOKINGS MARKETING FEE APRIL 2014 $3371 @

5%

84.28

EFT13845 WEST AUSTRALIAN NEWSPAPER LTD Advertising 1840.00

EFT13846 WURTH AUSTRALIA PTY LTD 1 Box Disposable Nitrile Gloves Size XL as quoted SOC 28.04.14 59.00

EFT13847 BJ & V GARRIGAN 15 days Maintenance Grading of Wahroonga/Pimbee Rd

commencing approximately 4.4.14 14 foot blade, Grader hire

29.04.2014 - 07.05.2014

35145.00

EFT13848 YMCA OF PERTH INC YMCA CARNARVON AQUATIC CENTRE CONTRACT APRIL 2014 19985.19

44992 AUSTRALIA POST POSTAGE 744.87

44993 CORAL BREEZE COASTAL CRUISES CARNARVON VISITORS CENTRE ACCOMMODATION FOR S.

KEMPE

446.25

44994 CARNARVON BEACH CANAL RETREAT CARNARVON VISITORS CENTRE BOOKINGS 4058.94

44995 HORIZON POWER ELECTRICITY ACCOUNTS 11015.62

44996 STATE LIBRARY OF WA Damaged and lost books 67.10

44998 NINGALOO REEF DIVE CARNARVON VISITORS CENTRE BOOKINGS 1887.00

44999 OUTBACK OASIS CARAVAN PARK CARNARVON VISITORS CENTRE BOOKINGS 262.49

45000 FISH AND WHISTLE (PORT HOTEL) CARNARVON VISITORS CENTRE BOOKINGS 105.00

45001 SENSIS PTY LTD CARNARVON VISITOR CENTRE PHONE LISTING YELLOW PAGES

ATTRACTIONS & SERVICES APRIL 2014

120.12

45002 TELSTRA AUSTRALIA TELEPHONE ACCOUNTS 5650.01

45003 YARDIE HOMESTEAD CARAVAN PARK CARNARVON VISITORS CENTRE BOOKINGS 77.00

45004 BLACK SWAN STATE THEATRE COMPANY LTD PERFORMANCE FEE FIRST INSTALMENT MIDSUMMER SHOW 2200.00

45005 BRANDENBURG K MONTHLY COUNCILLOR SITTING FEE 4074.99

45006 DENNIS DURMANICH MONTHLY COUNCILLOR SITTING FEE 1208.33


45008 MAX MARCH MONTHLY COUNCILLOR SITTING FEE 1208.33

45009 NAOMI MCMAHON MONTHLY COUNCILLOR SITTING FEE 1208.33

45010 KANE SIMPSON MONTHLY COUNCILLOR FEES 1208.33

45011 ST JOHN AMBULANCE AUS (C'VON) First Aid Training for Shawnee Clinch 22nd & 23rd May 2014 199.00

45012 WATER CORPORATION WATER ACCOUNTS 39.55

45013 D.G. BUILDERS PTY LTD REIMBURSE 50% STANDARD CROSSOVER AT 13 FINNERTY

STREET

1818.18

45014 EXMOUTH CAPE HOLIDAY PARK CARNARVON VISITORS CENTRE BOOKINGS 310.62

45015 HEMA MAPS ASSORTED MAPS FOR RETAIL AT CARNARVON VISITOR CENTRE 227.53


45017 KLEENHEAT GAS PTY LTD ANNUAL GAS CYLINDER FEE 4 YARDI QUAY 66.00

45018 STATE LIBRARY OF WA DAMAGED BOOK (R1003599) THE MAN IN THE YELLOW

DOUBLET

24.20

45019 NINGALOO CARAVAN HOLIDAY RESORT CARNARVON VISITORS CENTRE BOOKINGS 805.44

45020 PIVOTEL SATELLITE PTY LTD MOBILE SAT PHONE ACCOUNT 45.00

45021 RAECO Freight 768.96

45022 SENSIS PTY LTD VISITOR CENTRE BUSINESS LISTINGS TOURIST ATTRACTIONS,

INFORMATION AND SERVICES MAY 2014

120.12

45023 TELSTRA AUSTRALIA TELEPHONE ACCOUNTS 69.95

45024 WARNAKULASURIYA, AKLIA REIMBURSE RELOCATION COSTS 704.21

45025 WATER CORPORATION WATER ACCOUNTS 11.79

45026 WALLACE, DANE RELOCATION EXPENSES ASSISTANCE 2478.32

TOTAL 1,276,889.01 2,244.56 43,019.11

TOTAL CHEQUES 96,517.96

TOTAL EFT 1,180,371.05

TOTAL 1,322,152.68

Sch YTD Actual YTD BudgetCurrent

BudgetVariance $ Variance %

INCOMEGENERAL PURPOSE FUNDING 03 3,262,795 3,464,541 4,149,978 (201,746) ‐5.82%GOVERNANCE 04 36,526 18,503 19,341 18,023 97.40%LAW, ORDER, PUBLIC SAFETY 05 73,965 89,178 208,671 (15,213) ‐17.06%EDUCATION AND WELFARE 06 316,370 324,734 337,464 (8,364) ‐2.58%HEALTH 07 77,004 41,125 44,200 35,879 87.24%HOUSING 09 372,980 381,866 385,493 (8,886) ‐2.33%COMMUNITY AMENITIES 10 1,612,055 2,509,988 2,401,305 (897,933) ‐35.77%RECREATION AND CULTURE 11 3,613,912 6,849,013 6,861,845 (3,235,101) ‐47.23%TRANSPORT 12 10,969,354 13,390,867 13,952,707 (2,421,513) ‐18.08%ECONOMIC SERVICES 13 873,401 883,008 770,100 (9,607) ‐1.09%OTHER PROPERTY AND SERVICES 14 106,306 819,172 825,254 (712,866) ‐87.02%FUND TRANSFERS 15 ‐ ‐ ‐ ‐ FINANCE AND BORROWING 16 ‐ ‐ ‐ ‐

21,314,669 28,771,995 29,956,358 (7,457,326) ‐25.92%

EXPENDITUREGENERAL PURPOSE FUNDING 03 (125,388) (135,916) (148,269) 10,528 8.4% GOVERNANCE 04 (1,231,022) (1,173,576) (1,238,253) (57,446) (4.7%)LAW, ORDER, PUBLIC SAFETY 05 (699,358) (710,522) (762,893) 11,164 1.6% EDUCATION AND WELFARE 06 (673,183) (797,483) (858,264) 124,300 18.5% HEALTH 07 (495,625) (543,957) (584,907) 48,332 9.8% HOUSING 09 (127,202) (119,103) (127,768) (8,099) (6.4%)COMMUNITY AMENITIES 10 (1,964,156) (3,567,973) (3,715,720) 1,603,816 81.7% RECREATION AND CULTURE 11 (3,765,523) (3,780,753) (4,073,303) 15,230 0.4% TRANSPORT 12 (37,592,538) (41,256,113) (45,000,481) 3,663,575 9.7% ECONOMIC SERVICES 13 (1,265,866) (1,428,463) (1,589,948) 162,597 12.8% OTHER PROPERTY AND SERVICES 14 (145,906) (68,102) (48,943) (77,804) (53.3%)FUND TRANSFERS 15 ‐ ‐ ‐ ‐ FINANCE AND BORROWING 16 ‐ ‐ ‐ ‐

(48,085,768) (53,581,961) (58,148,749) 5,496,193 ‐10.26%LessDepreciation 5,235,528 4,797,991 5,234,131 9.12%Loss on Sale of Assets 22,154 ‐ 29,028 Profit on Sale of Assets (319,174) ‐ (1,165,987)

Capital

LAND & BUILDINGS (3,684,258) (7,220,184) (8,938,195) 3,535,926 96.0%

OFFICE FURN & EQUIPMENT (863) (11,000) (12,000) 10,137 ‐92.16%

PLANT & EQUIPMENT (442,516) (1,028,684) (1,028,684) 586,168 ‐56.98%

ROADS (1,530,775) (2,172,482) (2,226,524) 641,707 ‐29.54%

FOOTPATHS (60,329) (68,750) (75,000) 8,421 ‐12.25%

DRAINAGE (101,556) (92,979) (92,979) (8,577) 9.22%

PARKS & OVALS (193,777) (200,000) (200,000) 6,223 ‐3.11%

LEVEE ‐ ‐ ‐ ‐

AIRPORT (228,300) (284,721) (797,210) 56,421 ‐19.82%

CAR PARKS ‐ ‐ ‐ ‐

OTHER INFRASTRUCTURE (23,191) (210,000) (800,000) 186,809 ‐88.96%

LOAN PRINCIPAL REPAYMENTS (285,555) (279,532) (279,532) (6,023) 2.15%

NEW LOANS 1,435,000 1,435,000 1,435,000 ‐ 0.00%PROCEEDS DISPOSAL OF ASSETS 449,662 ‐ 1,450,500 449,662

TRANSFER TO RESERVES (7,128,522) (11,495,011) (11,495,011) 4,366,489 ‐37.99%

TRANSFER FROM RESERVES 30,363,065 41,228,292 41,228,292 (10,865,227) ‐26.35%

Surplus Brought Forward 2,026,886

SHIRE OF CARNARVONSTATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDED31/05/2014

Sch YTD Actual YTD BudgetCurrent

BudgetVariance $ Variance %



Current Surplus/Deficit (2,282,830) 2,261,090

Amount Raised From Rates (3,520,450) (412,025) (3,665,471)

EQUITY 31/05/2014 30/06/2013

Current AssetsCash at Bank 15,922,837 45,949,703 Receivables 1,299,524 3,107,758 Inventories 57,207 47,583

Current LiabilitiesCreditors & Provisions (5,556,570) (14,403,446) Less Restricted (9,440,169) (32,674,711)

2,282,830 2,026,886

Revised Annual

BudgetYTD Budget YTD Actual Variance $ Variance %

(a) (b) (b) ‐ (a) (b) ‐ (a)/(b)Operating RevenuesGrants, Subsidies and Contributions 15,556,681 14,901,232 11,479,850 (3,421,382) ‐29.80% qProfit on Sale of Assets 1,165,987 1,165,987 319,174 (846,813) ‐265.31% qFees and Charges 2,807,237 2,679,434 3,000,077 320,643 10.69%Interest Earnings 1,304,000 1,195,100 684,343 (510,757) ‐74.63% qService Charges ‐ ‐ 200 200 100.00%Other Revenue 372,780 341,852 176,322 (165,530) ‐93.88% q

Total (Excluding Rates) 21,206,685 20,283,605 15,659,965 (4,623,640) ‐29.53%

Operating ExpenseEmployee Costs (4,841,191) (4,458,954) (4,355,493) 103,460 2.4% Materials & Contracts (46,459,386) (42,764,849) (37,122,139) 5,642,710 15.2% Utility Charges (571,248) (548,792) (694,283) (145,491) (21.0%) qDepreciation (5,234,131) (4,797,991) (5,235,528) (437,537) (8.4%)Interest Expenses (54,709) (52,650) (52,053) 597 1.1% Insurances Expenses (378,346) (378,345) (331,911) 46,434 14.0% Loss on Sale of Assets (142,978) (142,978) (22,154) 120,824 545.4% pOther Expenditure (482,162) (451,610) (272,207) 179,403 65.9% p

Total (58,164,151) (53,596,169) (48,085,768) 5,510,401 ‐11.46%

Funding Balace AdjustmentsAdd Back Depreciation 5,234,131 4,797,991 5,235,528 437,537 (8.4%)Adjust (Profit) on Assets (1,023,009) (1,023,009) (319,174) 703,835 220.5% pAdjust Loss on Assets 22,154 Adjust Provisions and Accruals ‐ ‐ ‐ ‐

‐ Net Operating (Ex Rates) (32,746,344) (29,537,582) (27,487,295) 2,050,287 ‐7.46%

Capital RevenueGrants, Subsidies and Contributions 8,749,976 8,249,975 5,084,583 (3,165,392) ‐62.25%Proceeds From Disposal of Assets ‐ ‐ 449,662 449,662 0.00%Proceeds From New Debentures 1,435,000 1,435,000 1,435,000 ‐ 0.00% qTransfer From Reserves 41,408,295 41,228,292 30,363,065 (10,865,227) ‐35.78%

Total 51,593,271 50,913,267 37,332,309 (13,580,958) ‐36.38%

Capital ExpenditureLand and Buildings (7,220,184) (8,938,195) (3,684,258) 5,253,937 142.6% pOffice Furniture & Equipment (11,000) (12,000) (863) 11,137 1290.9% pPlant & Equipment (1,028,684) (1,028,684) (442,516) 586,168 132.5% pRoads (2,172,482) (2,226,524) (1,530,775) 695,749 45.5% pFootpaths (68,750) (75,000) (60,329) 14,671 24.3% pDrainage (92,979) (92,979) (101,556) (8,577) (8.4%)Parks & Ovals (200,000) (200,000) (193,777) 6,223 3.2% Levees ‐ ‐ ‐ ‐ Airport (284,721) (797,210) (228,300) 568,910 249.2% pCar Parks ‐ ‐ ‐ ‐ Other Infastructure (210,000) (800,000) (23,191) 776,809 3349.7% pLoan Repayments Principal (279,532) (279,532) (285,555) (6,023) (2.1%)Transfer to Reserves (12,334,005) (11,495,011) (7,128,522) 4,366,489 61.3% p


(Nature or Type)31/05/2014

Total (23,902,337) (25,945,135) (13,679,641) 12,265,493 ‐89.66%

Net Capital 27,690,934 24,968,132 23,652,668

Total Net Operating + Capital (5,055,410) (4,569,449) (3,834,627)

Rate Revenue 4,057,593 4,056,593 4,090,571 Opening Fund Surplus (Deficit) 1,371,509 2,026,886

CLOSING FUND SURPLUS (DEFICIT) 373,692 (512,856) 2,282,830

Sub Prog

Prog Sub Prog Name YTD Actual YTD BudgetCurrent Budget

Variance $ Variance %

01 03 RATE REVENUE 3,860,161 3,844,602 3,852,665 15,559 0.40%02 03 OTHER GENERAL PURPOSE FUNDING 2,923,085 3,438,117 4,058,281 (515,032) -14.98%04 04 MEMBERS OF COUNCIL 2,856 1,088 1,100 1,768 162.47%05 04 ADMINISTRATION GENERAL 33,670 17,415 18,241 16,255 93.34% 06 05 FIRE PREVENTION 13,318 12,177 13,288 1,141 9.37%07 05 LAW ENFORCEMENT 33,245 17,501 17,500 15,744 89.96% 08 05 OTHER LAW,ORDER,PUBLIC SAFETY 27,402 59,500 177,883 (32,098) -53.95%09 06 PRE-SCHOOL 1,545 958 1,000 587 61.30%10 06 SENIOR CITIZENS/OTHER WELFARE 26,930 26,930 26,930 - 0.00%18 06 COMMUNITY DEVELOPMENT SERVICES 38,832 63,311 76,000 (24,479) -38.66%19 06 YOUTH DEVELOPMENT STRATEGY 249,063 233,535 233,534 15,528 6.65%14 07 HEALTH INSP AND ADMINISTRATION 53,578 41,125 44,200 12,453 30.28% 25 10 SANITATION/REFUSE SITE 1,557,493 1,533,833 1,548,010 23,660 1.54%29 10 PROTECTION OF ENVIRONMENT - 933,068 933,068 (933,068) -100.00%30 10 TOWN PLANNING & REG DEVELOPMNT 29,289 29,337 32,000 (48) -0.16%31 10 OTHER COMMUNITY AMENITIES 25,273 13,750 15,000 11,523 83.80% 32 11 PUBLIC HALLS.CIVIC CENTRES 139,308 147,728 154,777 (8,420) -5.70%33 11 SWIMMING AREAS AND BEACHES 53,191 53,000 53,000 191 0.36%34 11 OTHER RECREATION AND SPORT 2,422,581 5,526,962 5,528,500 (3,104,381) -56.17%35 11 LIBRARIES 996,919 1,120,586 1,124,768 (123,667) -11.04%36 11 OTHER CULTURE 1,914 737 800 1,177 159.65%37 12 CONST. STS,RDS,BRIDGES,DEPOTS 1,719,352 1,860,657 2,360,658 (141,305) -7.59%38 12 MTCE STS,RDS,BRIDGES,DEPOTS 8,483,485 9,983,850 9,983,850 (1,500,365) -15.03%42 12 AERODROMES 766,518 1,470,331 1,532,170 (703,813) -47.87%43 12 PLANT PURCHASE & DISPOSAL - - - - 44 13 RURAL SERVICES 170,955 170,155 170,155 800 0.47%45 13 TOURISM AND AREA PROMOTION 549,364 556,927 611,000 (7,563) -1.36%46 13 BUILDING CONTROL 33,082 35,926 39,100 (2,844) -7.92%50 14 PRIVATE WORKS 41,836 27,500 30,000 14,336 52.13% 52 14 PUBLIC WORKS OVERHEADS 5,426 1,375 1,500 4,051 294.64%53 14 PLANT OPERATION COSTS 2,589 4,749 5,000 (2,160) -45.48%56 14 UNCLASSIFIED 56,454 781,548 784,754 (725,094) -92.78%57 14 TRANSFERS TO OTHER FUNDS - - - -

24,318,714 32,008,278 33,428,732 (7,689,564) -24.02%

INCOME



Sub Prog

Prog Sub Prog Name YTD Actual YTD BudgetCurrent Budget

Variance $ Variance %

01 03 RATE REVENUE (32,646) (34,386) (37,500) 1,740 5.3% 02 03 OTHER GENERAL PURPOSE FUNDING (92,742) (101,530) (110,769) 8,788 9.5% 04 04 MEMBERS OF COUNCIL (807,679) (912,273) (973,784) 104,594 12.9% 05 04 ADMINISTRATION GENERAL (423,343) (261,303) (264,469) (162,040) (38.3%) 06 05 FIRE PREVENTION (39,527) (49,870) (53,785) 10,343 26.2% 07 05 LAW ENFORCEMENT (371,620) (382,651) (414,037) 11,031 3.0% 08 05 OTHER LAW,ORDER,PUBLIC SAFETY (288,210) (278,001) (295,071) (10,209) (3.5%) 09 06 PRE-SCHOOL (15,879) (18,554) (19,718) 2,675 16.8% 10 06 SENIOR CITIZENS/OTHER WELFARE (29,030) (29,496) (31,903) 466 1.6% 18 06 COMMUNITY DEVELOPMENT SERVICES (452,497) (501,428) (537,733) 48,931 10.8% 19 06 YOUTH DEVELOPMENT STRATEGY (175,776) (248,005) (268,910) 72,229 41.1% 11 07 MATERNAL AND INFANT HEALTH (9,844) (12,133) (13,233) 2,289 23.3% 14 07 HEALTH INSP AND ADMINISTRATION (443,386) (473,198) (508,451) 29,812 6.7% 17 07 OTHER HEALTH (42,396) (58,626) (63,223) 16,230 38.3% 25 10 SANITATION/REFUSE SITE (1,286,822) (1,448,930) (1,518,524) 162,108 12.6% 29 10 PROTECTION OF ENVIRONMENT (71,721) (1,294,974) (1,303,595) 1,223,253 1705.6% 30 10 TOWN PLANNING & REG DEVELOPMNT (428,270) (601,125) (652,343) 172,855 40.4% 31 10 OTHER COMMUNITY AMENITIES (177,343) (222,944) (241,258) 45,601 25.7% 32 11 PUBLIC HALLS.CIVIC CENTRES (646,058) (710,846) (763,611) 64,788 10.0% 33 11 SWIMMING AREAS AND BEACHES (365,842) (355,827) (386,637) (10,015) (2.7%) 34 11 OTHER RECREATION AND SPORT (2,153,789) (2,146,156) (2,310,635) (7,633) (0.4%) 35 11 LIBRARIES (499,912) (468,077) (505,879) (31,835) (6.4%) 36 11 OTHER CULTURE (99,922) (99,847) (106,541) (75) (0.1%) 38 12 MTCE STS,RDS,BRIDGES,DEPOTS (37,034,077) (40,575,369) (44,244,354) 3,541,292 9.6% 42 12 AERODROMES (524,168) (549,415) (624,399) 25,247 4.8% 43 12 PLANT PURCHASE & DISPOSAL (15,721) (131,329) (131,728) 115,608 735.4% 44 13 RURAL SERVICES (149,815) (149,725) (196,262) (90) (0.1%) 45 13 TOURISM AND AREA PROMOTION (684,430) (714,216) (777,995) 29,786 4.4% 46 13 BUILDING CONTROL (238,438) (285,749) (310,861) 47,311 19.8% 50 14 PRIVATE WORKS (36,542) (26,906) (29,343) (9,636) (26.4%) 52 14 PUBLIC WORKS OVERHEADS 67,428 (8,477) 6,300 75,905 (112.6%)53 14 PLANT OPERATION COSTS (173,335) (31,806) (24,900) (141,529) (81.7%) 55 14 SALARIES AND WAGES (26,156) (913) (1,000) (25,243) (96.5%) 56 14 UNCLASSIFIED 22,699 - - 22,699 (100.0%)

(47,746,811) (53,184,085) (57,716,151) 5,437,274 11.4%

EXPENDITURE



Rate in Number Rateable Rate Interim Back Total Budget Budget Budget Budget$ of Value Revenue Rates Rates Revenue Rate Interim Back Total

Properties $ $ $ $ $ Revenue Rate Rate RevenueRATE TYPE $ $ $ $Differential General Rate

GRV Valued Properties 7.4807 1,767 36,809,921 2,574,832 - - 2,574,832 500 - 500 UV Mining 12.1900 16 598,120 90,724 - 90,724 3,750,468 - 10,000 3,760,468 UV Pastoral 5.3694 31 3,875,228 209,587 - - 209,587 - - - UV Intensive Horticultre 0.6691 167 60,238,800 399,240 - 6,558 405,798 - - -

Sub-Totals 1,981 101,522,069 3,274,382 - 6,558 3,280,940 3,750,468 500 10,000 3,760,968 Minimum

Minimum Rates $GRV Valued Properties 738.30 303 1,964,989 223,705 - - 223,705 - - - UV Mining 371.00 24 27,471 8,904 - - 8,904 - - - UV Pastoral 349.80 2 1,500 700 - - 700 - - - UV Intensive Horticultre 689.00 9 10,000 6,201 - - 6,201 - - -

Sub-Totals 338 2,003,960 239,510 - - 239,510 - - - - 3,520,450 3,760,968

Ex-Gratia Rates - - Specified Area Rate (refer note 23) 297,728 296,928

3,818,178 4,057,896 Discounts (refer note 25) - - Totals 3,818,178 4,057,896

SHIRE OF CARNARVONSTATEMENT OF RATES LEVIED AS AT

31/05/2014

Net Book Value

Sale Proceeds

Profit(Loss)Historical

Value

Depn Written Back

Nett Book Value

Sale Proceeds

Profit (Loss)Value New

Vehicle

Amount Required

from Reserve

New Asset #

GL Disposal

By ProgramAdministrationToyota Landcruiser C1 50,017 38,000 (12,017) 57,000 4,279 52,721 49,091 (3,630) Toyota Prado C303 34,259 37,500 3,241 40,000 4,504 35,496 33,880 (1,616)

Law Order Public SafetyHolden Rodeo C11970 13,602 12,000 (1,602) 0 0

HousingLot 295 Salmond Ct 39,587 380,000 340,413 89,071 50,381 38,690 357,864 319,174

0 0RecreationMazda Bravo Utility C1747 5,108 6,000 892 0 0Cherry Picker C11330 29,000 3,265 25,735 8,827 (16,907)

TransportMulti Tyred Roller C11191 0 0 - Hino Truck 1BSE155 15,117 25,000 9,883 Isuzu Dual Cab Truck C1741 0 25,000 25,000 CAT 950GSW Loader 1BNU567 39,746 80,000 40,254 Toyota Hilux Utility C12942 28,244 15,000 (13,244)

Economic ServicesMazda Bravo C1289 19,165 17,000 (2,165) 0 03 Lukis Place 50,021 245,000 194,979 0 0Pt Lot 1 Mahony Ave 18,675 570,000 551,325 0 0

313,541 1,450,500 1,136,959 215,071 62,430 152,642 449,662 297,020

Profit 1,165,987 Profit 319,174Loss (29,028) Loss (22,154)

1,136,959 297,020

2013/2014 Budget 2013 / 2014 Actuals

Notes 31/05/2014 30/06/2013CURRENT ASSETSCash and Cash Equivalents 3 15,922,837 45,949,703 Trade and Other Receivables 4 1,299,524 3,164,937 Inventories 5 57,207 47,583

17,279,568 49,162,222

NON CURRENT ASSETSOther Receivables 6A 59,268 59,268 Property, Plant and Equipment 6 23,849,915 20,564,983 Infrastructure 7 84,269,899 86,677,436

108,179,082 107,301,688

TOTAL ASSETS 125,458,651 156,463,910

CURRENT LIABILITIESTrade and Other Payables 8 5,183,394 14,087,450 Long Term Borrowing 10 100,403 100,403 Provisions 9 698,696 698,696

5,982,493 14,886,549

NON CURRENT LIABILITIESLong Term Borrowing 12 1,512,000 362,555 Provisions 11 62,154 62,154

1,574,154 424,709

TOTAL LIABILITIES 7,556,647 15,311,258

NET ASSETS 117,902,004 141,152,652

EQUITYRetained Surplus 90,985,239 91,001,346 Reserves Asset Revaluation 17,476,595 17,476,595 Reserves Cash Backed 9,440,169 32,674,710

117,902,004 141,152,652

SHIRE OF CARNARVONSTATEMENT OF FINANCIAL POSITION

FOR THE PERIOD ENDED 31/05/2014

31/05/2014 30/06/20133 CASH AND CASH EQUIVALENT

UNRESTRICTED 6,482,668 13,274,992 RESTRICTED 9,440,169 32,674,711

15,922,837 45,949,703

4 TRADE AND OTHER RECEIVABLES

RATES 374,952 296,017 SUNDRY DEBTORS 552,597 1,651,146 LESS PROVISIONS DOUBTFUL DEBTS (3,425) (3,425) PRE PAYMENTS PAID ‐ ‐ BOND STAFF HOUSING 3,010 3,010 GST & ESL 372,391 1,161,010

1,299,524 3,107,758

5 INVENTORIES

STOCK ON HAND 57,207 47,583 57,207 47,583

6A OTHER RECEIVABLESPENSIONERS DEFERRED RATES 59,268 59,268

59,268 59,268

6 PROPERTY, PLANT AND EQUIPMENT

LAND AND BUILDINGS 26,054,575 22,459,389 LESS DEPRECIATION COSTS (4,401,512) (4,075,745)

21,653,063 18,383,643

FURNITURE AND EQUIPMENT 1,502,546 1,363,970 LESS DEPRECIATION COSTS (1,189,212) (1,088,911)

313,334 275,059

PLANT AND EQUIPMENT 2,094,417 1,915,614 LESS DEPRECIATION COSTS (210,899) (9,334)

1,883,518 1,906,281

23,849,915 20,564,983

7 INFASTRUCTURE

ROADS 74,252,207 72,721,432 LESS DEPRECIATION COSTS (30,249,832) (26,674,548)

44,002,376 46,046,885

FOOTPATHS 2,502,439 2,442,109 LESS DEPRECIATION COSTS (1,046,138) (1,001,112)

1,456,301 1,440,997

31/05/2014

SHIRE OF CARNARVONSTATEMENT OF FINANCIAL POSITION

FOR THE PERIOD ENDED

31/05/2014 30/06/2013

DRAINAGE 3,378,022 3,276,466 LESS DEPRECIATION COSTS (1,986,399) (1,930,878)

1,391,622 1,345,588

PARKS AND OVALS 22,251,234 22,057,457 LESS DEPRECIATION COSTS (6,556,257) (6,150,902)

15,694,977 15,906,555

BRIDGES 7,751,066 7,751,066 LESS DEPRECIATION COSTS (1,490,564) (1,348,285)

6,260,501 6,402,781

LEVEE SYSTEM 6,123,380 6,123,380 LESS DEPRECIATION COSTS (718,219) (690,119)

5,405,161 5,433,261

AIRPORT 8,816,377 8,588,078 LESS DEPRECIATION COSTS (6,676,651) (6,583,230)

2,139,726 2,004,847

CAR PARKS 1,412,677 1,412,677 LESS DEPRECIATION COSTS (511,064) (441,464)

901,613 971,212

OTHER INFASTRUCTURE 7,177,798 7,154,608 LESS DEPRECIATION COSTS (160,175) (29,298)

7,017,623 7,125,310

84,269,899 86,677,436

8 TRADES AND OTHER PAYABLESSUNDRY CREDITORS 5,183,394 13,082,086 ACCRUED INTEREST ON DEBENTURES ‐ 836,548 ACCRUED SALARIES AND WAGES ‐ 111,637

5,183,394 14,030,271

PROVISIONS CURRENT9 PROVISIONS ANNUAL LEAVE 473,623 473,623

PROVISIONS LONG SERVICE LEAVE 225,073 225,073 698,696 698,696

10 BORROWINGS CURRENTDEBENTURES 100,403 100,403

100,403 100,403

11 PROVISIONS NON CURRENTPROVISIONS FOR LONG SERVICE LEAVE 62,154 62,154

62,154 62,154

12 BORROWINGS NON CURRENTDEBENTURES 1,512,000 362,555

1,512,000 362,555

Actual Budget Actual

2013 / 2014 2013 / 2014 2012 / 2013

(a) Leave Reserve

Opening Balance 126,098 126,097 101,871

Interest Earnt 275 4,630 377

Amount Set Aside / Transfer to Reserve ‐ ‐ 23,849

Amount Used / Transfer from Reserve ‐ (20,000) ‐

126,373 110,727 126,097

(b) Plant Reserve

Opening Balance 120,534 120,534 120,090


Amount Set Aside / Transfer to Reserve ‐ ‐ ‐

Amount Used / Transfer from Reserve ‐ ‐ ‐

120,798 124,961 120,534

(c) Waste Disposal Reserve

Opening Balance 35,995 35,995 35,862


Amount Set Aside / Transfer to Reserve ‐

Amount Used / Transfer from Reserve ‐

36,074 37,317 35,995

(d) Property Infrastructure Reserve

Opening Balance 1,624 1,624 21,080

Interest Earnt 3 60 44


Amount Used / Transfer from Reserve ‐ ‐ (19,500)

1,627 1,684 1,624

(e) Staff Housing Reserve

Opening Balance 304,707 304,707 303,585

Interest Earnt 501 11,191 1,122

Amount Set Aside / Transfer to Reserve 357,699 620,000 ‐

Amount Used / Transfer from Reserve ‐ (385,000) ‐

662,907 550,898 304,707

(f) Civic Centre Reserve

Opening Balance 100,383 100,383 177,860



Amount Used / Transfer from Reserve (100,000) (77,845)

100,700 4,070 100,383

(g) I.T. Replacement Reserve

Opening Balance 64,322 64,322 64,189




64,470 66,684 64,322

(h) Airport Reserve

SHIRE OF CARNARVON

NOTES TO AND FORMING PART OF THE STATEMENT OF FINANCIAL ACTIVITY


31/05/2014

RESERVE FUNDS

SHIRE OF CARNARVON



31/05/2014

RESERVE FUNDS

Opening Balance 28,137 28,137 87,703



Amount Used / Transfer from Reserve ‐ ‐ (59,891)

28,219 29,170 28,137

(i) Coral Bay Tip Reserve

Opening Balance 20,737 20,737 20,661


Amount Set Aside / Transfer to Reserve ‐ ‐

Amount Used / Transfer from Reserve ‐ ‐

20,787 21,499 20,737

(j) Surge/Fascine Wall Reserve

Opening Balance 304,824 304,824 302,289

Interest Earnt 1,083 11,195 2,535


Amount Used / Transfer from Reserve (300,000) (300,000) ‐

5,907 16,019 304,824

(k) Town Planning Scheme Reserve

Opening Balance 22,040 22,040 21,994



Amount Used / Transfer from Reserve (22,000) ‐

22,076 849 22,040

(l) Fascine Dredging Reserve

Opening Balance 250,470 250,470 248,387

Interest Earnt 758 9,199 2,083


Amount Used / Transfer from Reserve (250,000) ‐

251,228 9,669 250,470

(m) Flood Mitigation Reserve

Opening Balance 9,832 9,832 1,304,123

Interest Earnt 174 361 10,939


Amount Used / Transfer from Reserve ‐ ‐ (1,305,230)

10,006 10,193 9,832

(n) OTC/NASA Reserve

Opening Balance 7,512 7,512 7,484




7,528 7,788 7,512

(o) Blowholes Reserve

Opening Balance 20,425 20,425 20,383



Amount Used / Transfer from Reserve ‐ ‐

SHIRE OF CARNARVON



31/05/2014

RESERVE FUNDS

20,466 21,175 20,425

(p) Unspent Grants and Contributions Reserve

Opening Balance 30,486,720 30,486,721 47,799,564

Interest Earnt 499,100 1,119,644 1,543,461

Amount Set Aside / Transfer to Reserve 6,241,319 9,750,000 8,480,983

Amount Used / Transfer from Reserve (30,063,065) (40,151,295) (27,337,288)

7,164,074 1,205,070 30,486,721

(q) Land and Infrastructure Development Reserve

Opening Balance 770,352 770,352 1,328,000

Interest Earnt 1,528 28,292 2,747

Amount Set Aside / Transfer to Reserve ‐ 671,005 ‐

Amount Used / Transfer from Reserve ‐ (180,000) (560,395)

771,880 1,289,649 770,352

(r) Asset Replacement Reserve

Opening Balance ‐ ‐ ‐

Interest Earnt 49 ‐ ‐

Amount Set Aside / Transfer to Reserve 25,000 25,000 ‐


25,049 25,000 ‐

Opening Balance 32,674,711 32,674,711 51,965,125

Interest Earnt 504,505 1,200,000 1,564,902

Amount Set Aside / Transfer to Reserve 6,624,018 11,066,005 8,504,833

Amount Used / Transfer from Reserve (30,363,065) (41,408,295) (29,360,149) TOTAL CASH BACKED RESERVES 9,440,169 3,532,421 32,674,711

Description Receipts Payments

BUILDING IN TRAINING FUND ‐301.00 ‐74,335.98 71,016.31 ‐3,620.67

CIVIC CENTRE AIRCONDITIONING ‐51.00 0.00 0.00 ‐51.00

CIVIC CENTRE HIRE ‐6,128.80 ‐3,344.00 3,344.00 ‐6,128.80

CVON ARTIFICIAL REEF ‐281.14 0.00 281.14 0.00

FOOTPATH DEPOSITS ‐20,299.00 0.00 0.00 ‐20,299.00

FOOTPATHS CASH IN LIEU ‐7,200.00 0.00 0.00 ‐7,200.00

P.O.S.DEPOSITS ‐110,373.83 0.00 0.00 ‐110,373.83

PERTH GLORY FLOOD RELIEF ‐12,500.00 0.00 0.00 ‐12,500.00

PRIVATE WORKS ‐1,000.00 0.00 0.00 ‐1,000.00

SHIRE FACILITY DEP ‐4,400.00 ‐4,500.00 3,300.00 ‐5,600.00

SUNDRY ‐2,437.60 ‐7,000.00 0.00 ‐9,437.60

SUSPENSE ‐4,580.56 ‐174.40 174.40 ‐4,580.56

NOMINATION DEPOSITS 0.00 ‐720.00 720.00 0.00

UNCLAIMED MONIES ‐1,241.90 0.00 0.00 ‐1,241.90

‐170,794.83 ‐90,074.38 78,835.85 ‐182,033.36

Opening

Balance

Closing

Balance

SHIRE OF CARNARVONTRUST FUND

STATEMENT FOR THE PERIOD ENDED31/05/2014

I. DARCY CORPORATE CREDIT CARD EXPENSES

Description

MEAL FOR 6 PEOPLE. SHIRE OF BUSSELTON ASSISTING WITH FASCINE

FORESHORE COMPLETION PROJECT. 4 STAFF, 1 ELECTED MEMBER (SHIRE

PRESIDENT) & 1 BUSSELTON REP

268.85

268.85

BANK CARD FEES

ANNUAL CARD FEES - CORPORATE CREDIT CARD 320.00

320.00

C. BROWN CORPORATE CREDIT CARD EXPENSES

Description

APPLE IPAD 949.00

CIVIC CENTRE WEBSITE SUBSCRIPTION FEES 21.99

970.99

TOTAL PAYMENT TO CORPORATE CREDIT CARD ACCOUNT $1,559.84

CORPORATE CREDIT CARD EXPENDITURE - PAYMENT REFERENCE BD 1445

Fund Amount Type Interest Term Maturity Date Invested with

Municipal 4,981,296.83 Online Cash Management 4.50% On call On call ANZ Bank

Trust 183,658.09 Cash Management Daily return On call On call ANZ Bank

Reserves 270.99 Cash Management Daily return On Call On Call ANZ Bank2,972,050.68 Online Cash Management 4.50% On Call On Call ANZ Bank

Short Term Investments 4,143,644.77 Term Deposit 2.45% 31 Days 01.06.2014 WA Treasury Corp

12,280,921.36

SHIRE OF CARNARVONINVESTMENTS HELD AS AT 31 MAY 2014

Schedule 8.3.1(i))


SHIRE OF CARNARVON

LOCAL GOVERNMENT PROPERTY AND PUBLIC PLACES LOCAL LAW 2014

SHIRE OF CARNARVON


ARRANGEMENT

Part 1 - Preliminary

1.1 Title 1.2 Commencement 1.3 Repeal 1.4 Definitions

Part 2 – Determinations in Respect of Local Government Property

Division 1 - Determinations 2.1 Determinations as to use of local government property 2.2 Procedure for making a determination 2.3 Discretion to erect sign 2.4 Determination to be complied with 2.5 Register of determinations 2.6 Amendment or revocation of a determination

Division 2 - Activities which may be pursued or prohibited under a determination

2.7 Activities which may be pursued on specified local government property or thoroughfare 2.8 Activities which may be prohibited on specified local government property

Division 3 - Transitional

2.9 Signs taken to be determinations

Part 3 - Permits

Division 1 - Preliminary 3.1 Application of Part

Division 2 - Applying for a permit

3.2 Application for permit 3.3 Decision on application for permit

Division 3 - Conditions

3.4 Factors relevant to the determination of an application 3.5 Conditions which may be imposed on a permit 3.6 Imposing conditions under a policy 3.7 Compliance with and variation of conditions

Division 4 - General

3.8 Agreement for building 3.9 Duration of permit 3.10 Renewal of permit

3.11 Transfer of permit 3.12 Production of permit 3.13 Cancellation of permit

Division 5 - When a permit is required

3.14 Activities needing a permit 3.15 Permit required to camp outside a facility 3.16 Permit required for possession and consumption of liquor

Part 4 - Behaviour on all Local Government Property

Division 1 - Behaviour on and interference with local government property

4.1 No injurious behaviour 4.2 Behaviour detrimental to property or public place 4.3 Adequate clothing and loitering outside toilets 4.4 Taking or injuring any fauna 4.5 Entry to local government property

Division 2 - Fees for use of local government property

4.6 Payment of applicable fees for entry or participation 4.7 No refund of fees

Division 3 - Signs

4.8 Signs

Part 5 – Hiring of Local Government Property

5.1 Application for hire 5.2 Decision on application where 2 or more applicants 5.3 Conditions of hire and use 5.4 Responsibilities of hirer

Part 6 – Swimming Pools and Water Parks

6.1 Powers of manager or attendant 6.1A When entry to and use of pool premises shall be refused 6.1B When entry to and use of pool premises may be refused 6.2 Person to comply with direction 6.3 Decency 6.4 Objection or Appeal against refusal of admission 6.5 Carnivals 6.6 Closure of pool premises 6.7 Limitations on use 6.8 Ticket or membership card not transferable

Part 7 – Beaches and Bathing

7.1 Sandboarding and sand dune protection 7.2 Boat launching 7.3 Surf lifesaving activities 7.4 Identification of life saving patrol 7.5 Compliance with signs and directions 7.6 Fishing 7.7 Surfboards and boats

7.8 Authority of local government authorised employee to prevail

Part 8 – Activities on Verges and Footpaths Division 1 - Verge treatments

8.1 Interpretation 8.2 Verge treatment 8.3 Permissible verge treatments 8.4 Owner’s or occupier's responsibilities for verge treatments 8.5 Installation of hardstand surface on a verge for the parking of cars 8.6 Enforcement

Division 2 - Vehicle crossings

8.7 Vehicle crossing treatment 8.8 Standard vehicle crossings

Division 3 - Protection of footpaths

8.9 Footpath protection

Part 9 - Advertising Signs on Thoroughfares

Division 1- Preliminary 9.1 Definitions

Division 2- Permit

9.2 Permit required for advertising signs and portable direction signs 9.3 Matters to be considered in determining application for permit

Division 3- Conditions on permit

9.4 Conditions on portable sign 9.5 Conditions on election sign

Part 10 – Damage to and closed Thoroughfares

Division 1 - Damage to thoroughfares 10.1 Notice to repair damage to thoroughfare

Division 2 - No driving on closed thoroughfares

10.2 Act and Regulations deal with closing of thoroughfares 10.3 No access without consent

Part 11 – Shopping Trolleys

11.1 Name of owner of shopping trolley 11.2 Shopping trolleys in public places 11.3 Shopping trolley to be removed by retailer 11.4 Retailer taken to own shopping trolley

Part 12 – Secured Sum

12.1 Security for restoration and reinstatement

Part 13 – Remedy for Breach 13.1 Notice requiring works to be done

Part 14 - Miscellaneous

14.1 Public liability insurance and indemnity 14.2 Directions of authorised person 14.3 Disposal of lost and found property

Part 15 – Offences and Penalties

15.1 Offences 15.2 Infringement and infringement withdrawal notices 15.3 Offence description and modified penalty 15.4 Records to be kept

Part 16 - Objections and Appeals

16.1 Application of Division 1, Part 9 of the Act

Schedule 1 – Prescribed Offences Schedule 2 - Determinations

SHIRE OF CARNARVON


Under the powers conferred by the Local Government Act 1995, and under all other powers enabling it, the Council of the Shire of Carnarvon resolved on <………> to make the following local law.

Part 1 – Preliminary

1.1 Title This local law may be referred to as the Shire of Carnarvon Local Government Property and Public Places Local Law 2014.

1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Repeal The Shire of Carnarvon Local Government Act Local Laws as published in the Government Gazette on 26 February 1998 is repealed.

1.4 Definitions (1) In this local law, unless the context otherwise requires -

Act means the Local Government Act 1995; animal means any living thing that is not a human being or plant; applicant means a person who has lodged an application for a permit; application for a permit means an application for a permit referred to in clause 3.2; approval means an application for a permit which has been approved by the local government under clause 3.3(1)(a); article in respect of lost property, includes money; attendant means an employee of the local government duly authorised to perform duties in connection with a pool premises; authorised person means - (a) a person appointed by the local government under section 9.10 of the Act to

perform any of the functions of an authorised person under this local law; and (b) any member of the Western Australian Police Force; bathing means the act of entering the sea, a swimming pool or other water body, to swim or use a bathing appliance and includes the act of emerging there from; bathing appliance means a float of any material, including kick boards, paddle boards, body boards, or any other device used or capable of being used for the purpose of bathing;

beach includes so much of the sea adjoining the beach as is within the application of this local law; boat means any structure vessel, excluding personal water craft, whether motorised or not and made or used to travel or float on water or travel under water; Carnarvon townsite area means the area of the district constituted as the Carnarvon townsite under the Land Administration Act 1997; carriageway means the paved or made portion of a thoroughfare used or intended for use by vehicles;

CEO means the Chief Executive Officer of the local government; closed thoroughfare means a thoroughfare wholly or partly closed under section 3.50 or section 3.50A of the Act; commencement day means the day on which this local law comes into operation; Council means the council of the local government; district means the district of the local government; fishing means to use any line, lure, rod, pot or other method for the purpose of catching marine life; footpath means an area that is open to the public that is designated for, or has as one of its main uses, use by pedestrians; function means an event or activity characterised by any or all of the following -

(a) formal organisation and preparation; (b) its occurrence is generally advertised or notified in writing to particular

persons; (c) it is organised by or on behalf of a club; (d) payment of a fee is required for attendance; and (e) there is systematic recurrence in relation to the day, time and place;

garden means any part of a verge planted, developed or treated otherwise than as a lawn, with one or more plants; indecent exposure means the revealing to view those parts of the body, especially the genitals, which by law and convention should be covered by clothing under the given circumstances; large animal includes a cow, horse, pig, sheep, goat or camel; lawn means any part of a verge which is planted only with grass, or with a similar plant, but will include any other plant provided that it has been planted by the local government; life saving club means a life saving club affiliated with Surf Lifesaving WA Inc; life saving gear means any gear or appliance for use in life saving or for use in the training of members of a life saving club; life saving patrol means a patrol comprising such members of a life saving club as are appointed by that club from time to time to provide life saving services in an area and the term includes any beach inspector or local government employee appointed or authorised to perform any of the functions in clause 7.3; liquor has the meaning given to it in section 3 of the Liquor Control Act 1988; local government means the Shire of Carnarvon; local government property means anything -

(a) which belongs to, is owned by or is under the care, control and management of the local government;

(b) which is an “otherwise unvested facility” within section 3.53 of the Act; or (c) of which the local government is the management body under the Land

Administration Act 1997, but does not include a thoroughfare; local planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005; lot has the meaning given to it in section 4 of the Planning and Development Act;2005; manager means the person for the time being employed, contracted or appointed by the local government to manage any pool premises and includes any assistant or deputy; nuisance means -

(a) any activity, thing, condition, circumstance or state of the affairs caused or contributed to by a person which is dangerous to the health of another person of normal susceptibility, or which has a disturbing effect on the state of reasonable physical, mental or social well-being of another person;

(b) any thing a person does or permits or causes to be done which interferes with or is likely to interfere with the enjoyment or safe use by another person of any public place; or

(c) anything a person does on public or private land which unreasonably detracts

from or interferes with the enjoyment or value of land owned by another person, provided that any thing done in accordance with the law or a legal right or which is consistent with the standard of behaviour in the relevant locality shall not be unreasonable for the purpose of this local law;

patrol flag means a flag or notice ordinarily erected at the limits of a bathing area to indicate the extremities of that area; permit means a permit issued under this local law; permit holder means a person who holds a valid permit; person does not include an authorised person performing a function of the local government; personal watercraft means any vessel designed for the transport of 1, 2, or 3 persons that -

(a) is propelled by means of an inboard motor powering a water jet pump; and (b) is designed to be steered by means of handlebars by a person sitting, standing

or kneeling on the vessel and not within it; pool premises means and includes any swimming pool or water park that is local government property and all buildings, fences, gardens, car parks, structures, fittings, fixtures, machinery, chattels, furniture and equipment forming part of the swimming pool facility or used in connection with it; public place means any thoroughfare or place which the public are allowed to use, whether the thoroughfare or place is or is not on private property and includes, park lands, squares, reserves, beaches, and other lands set apart for the use and enjoyment of the public, including all local government property which the public are allowed to use; retailer means a proprietor of a shop which provides shopping trolleys for the use of customers of the shop; Regulations mean the Local Government (Functions and General) Regulations 1996; sandboard means a board designed to be used for sliding down a slope of land or a sand dune or any similar device; shopping trolley means a container or receptacle on wheels provided by a retailer for its customers to transport goods; sign includes a notice, flag, mark, structure or device approved by the local government on which may be shown words, numbers, expressions or symbols; surf board means flotation device designed and used for the purpose of riding waves that includes one or more fins, capable of or may endanger the safety of swimmers; thoroughfare means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end; verge means that part of a thoroughfare that lies between the front of a property and the edge of the carriageway and between imaginary lines extended at a 90 degree angle with the carriageway, from the edge of the carriageway to meet the side boundaries at the front of the property; vehicle includes -

(a) every conveyance and every object capable of being propelled or drawn on wheels, tracks or otherwise; and

(b) an animal being ridden, driven or led, but excludes - (i) a wheel-chair or any device designed for use, by a physically impaired

person on a footpath; (ii) a pram, a stroller or a similar device; and (iii) a boat or personal water craft;

vehicle crossing means a crossing giving access from a public thoroughfare to either private land or a private thoroughfare serving private land; and

zoned means zoned under a local planning scheme.

(2) In this local law, a reference to local government property or a public place includes the reference to any part, respectively, of that local government property or public place.

Part 2 – Determinations in Respect of Local Government Property

Division 1 - Determinations 2.1 Determinations as to use of local government property (1) The local government may make a determination in accordance with clause 2.2 –

(a) setting aside specified local government property for the pursuit of all or any of the activities referred to in clause 2.7;

(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on specified local government property;

(c) as to the matters in clauses 2.7(2) and 2.8(2); and (d) as to any matter ancillary or necessary to give effect to a determination.

(2) The determinations in Schedule 2 – (a) are to be taken to have been made in accordance with clause 2.2; (b) may be amended or revoked in accordance with clause 2.6; and (c) have effect on the commencement day.

2.2 Procedure for making a determination (1) The local government is to give local public notice of its intention to make a determination. (2) The local public notice referred to in subclause (1) is to state that –

(a) the local government intends to make a determination, the purpose and effect of which is summarised in the notice;

(b) a copy of the proposed determination may be inspected and obtained from the offices of the local government; and

(c) submissions in writing about the proposed determination may be lodged with the local government within 21 days after the date of publication.

(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to –

(a) give local public notice that the proposed determination has effect as a determination on and from the date of publication;

(b) amend the proposed determination, in which case subclause (5) will apply; or

(c) not continue with the proposed determination. (4) If submissions are received in accordance with subclause (2)(c) the Council is to –

(a) consider those submissions; and (b) decide –

(i) whether or not to amend the proposed determination; or (ii) not to continue with the proposed determination.

(5) If the Council decides to amend the proposed determination, it is to give local public notice –

(a) of the effect of the amendments; and (b) that the proposed determination has effect as a determination on and from the

date of publication. (6) If the Council decides not to amend the proposed determination, it is to give local public notice that the proposed determination has effect as a determination on and from the date of publication. (7) A proposed determination is to have effect as a determination on and from the date of publication of the local public notice referred to in subclauses (3), (5) and (6). (8) A decision under subclause (3) or (4) is not to be delegated by the Council. 2.3 Discretion to erect sign

The local government may erect a sign on local government property to give notice of the effect of a determination which applies to that property.

2.4 Determination to be complied with A person shall comply with a determination.

2.5 Register of determinations (1) The local government is to keep a register of determinations made under clause 2.1, and of any amendments to or revocations of determinations made under clause 2.6. (2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for that purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.

2.6 Amendment or revocation of a determination (1) The Council may amend or revoke a determination. (2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment were a proposed determination. (3) If the Council revokes a determination it is to give local public notice of the revocation and the determination is to cease to have effect on the date of publication.

Division 2 - Activities which may be pursued or prohibited under a determination

2.7 Activities which may be pursued on specified local government property or

thoroughfare (1) A determination may provide that specified local government property or thoroughfare is set aside as an area on which a person may –

(a) bring, ride or drive an animal; (b) take, ride or drive a vehicle, or a particular class of vehicle; (c) fly or use a motorised model aeroplane; (d) use a children’s playground provided that the person is under an age specified in

the determination, but the determination is not to apply to a person having the charge of a person under the specified age;

(e) launch, beach or leave a boat; (f) take or use a boat, or a particular class of boat;

(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or not in specified areas of that local government property;

(h) play or practice – (i) golf or archery; (ii) pistol or rifle shooting, but subject to the compliance of that person with the

Firearms Act 1973; or (iii) a similar activity, specified in the determination, involving the use of a

projectile which, in the opinion of the local government may cause injury or damage to a person or property;

(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and (j) wear no clothing.

(2) A determination may specify the extent to which and the manner in which an activity referred to in subclause (1) may be pursued and in particular –

(a) the days and times during which the activity may be pursued; (b) that an activity may be pursued on a class of local government property,

specified local government property or all local government property; (c) that an activity is to be taken to be prohibited on all local government property

other than that specified in the determination; (d) may limit the activity to a class of vehicles, boats, equipment or things, or may

extend it to all vehicles, boats, equipment or things; (e) may specify that the activity can be pursued by a class of persons or all

persons; and (f) may distinguish between different classes of the activity.

2.8 Activities which may be prohibited on specified local government property (1) A determination may provide that a person is prohibited from pursuing all or any of the following activities on specified local government property -

(a) smoking on premises; (b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device; (c) taking, riding or driving a vehicle on the property or a particular class of

vehicle; (d) riding or driving a vehicle of a particular class or any vehicle above a specified

speed; (e) taking or using a boat, or a particular class of boat; (f) the playing or practice of -

(i) golf, archery, pistol shooting or rifle shooting; or (ii) a similar activity, specified in the determination, involving the use of a

projectile which, in the opinion of the local government may cause injury or damage to a person or property;

(g) the playing or practice of any ball game which may cause detriment to the property or any fauna on the property; and

(h) the traversing of sand dunes or land which in the opinion of the local government has environmental value warranting such protection, either absolutely or except by paths provided for that purpose.

(2) A determination may specify the extent to which and the manner in which a person is prohibited from pursuing an activity referred to in subclause (1) and, in particular –

(a) the days and times during which the activity is prohibited; (b) that an activity is prohibited on a class of local government property, specified

local government property or all local government property; (c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or

things, or all vehicles, boats, equipment or things; (d) that an activity is prohibited in respect of a class of persons or all persons; and

(e) may distinguish between different classes of the activity.

(3) In this clause – "premises" means a building, stadium or similar structure which is local government property, but not an open space such as a park or a playing field.

Division 3 - Transitional

2.9 Signs taken to be determinations (1) Where a sign erected on local government property has been erected under a local law of the local government repealed by this local law, then it is to be taken to be and have effect as a determination on and from the commencement day, except to the extent that the sign is inconsistent with any provision of this local law or any determination made under clause 2.1. (2) Clause 2.5 does not apply to a sign referred to in subclause (1).

Part 3 - Permits

Division 1 - Preliminary 3.1 Application of Part This Part does not apply to a person who uses or occupies local government property under a written agreement with the local government to do so.

Division 2 - Applying for a permit

3.2 Application for permit (1) Where a person is required to obtain a permit under this local law, that person shall apply for the permit in accordance with subclause (2). (2) An application for a permit under this local law shall -

(a) be in the form determined by the local government; (b) be signed by the applicant; (c) provide the information required by the form; and (d) be forwarded to the CEO together with any fee imposed and determined by the

local government under and in accordance with sections 6.16 to 6.19 of the Act.

(3) The local government may require an applicant to provide additional information reasonably related to an application before determining an application for a permit. (4) The local government may require an applicant to give local public notice of the application for a permit. (5) The local government may refuse to consider an application for a permit which is not in accordance with subclause (2).

3.3 Decision on application for permit (1) The local government may –

(a) approve an application for a permit unconditionally or subject to any conditions; or

(b) refuse to approve an application for a permit. (2) If the local government approves an application for a permit, it is to issue to the applicant, a permit in the form determined by the local government. (3) If the local government refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant.

3.4 Factors relevant to the determination of an application (1) In determining an application for a permit the local government must satisfy itself that the undertaking of the activity subject of the application –

(a) will not result in harm to human health or safety or personal injury; (b) will not result in property damage or a loss of amenity; (c) will not result in environmental harm or environmental nuisance; (d) will not result in a nuisance; and (e) complies with the provisions of legislation that regulates the undertaking of the

activity. (2) Before the local government decides an application for a permit, an authorised person may –

(a) inspect any vehicle, equipment, animal, plant or thing to be involved in the undertaking of the activity; and

(b) measure, weigh, sample, test or otherwise examine anything that may be inspected.

Division 3 - Conditions

3.5 Conditions which may be imposed on a permit (1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an application for a permit subject to conditions relating to -

(a) the payment of a fee; (b) compliance with a standard or a policy of the local government adopted by the

local government;

(c) the duration and commencement of the permit; (d) the commencement of the permit being contingent on the happening of an event; (e) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (f) the approval of another application for a permit which may be required by the

local government under any written law; (g) the area of the district to which the permit applies; (h) where a permit is issued for an activity which will or may cause damage to local

government property, the payment of a deposit or bond against such damage; and

(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the local government.

(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and content of the conditions on which a permit to hire local government property may be issued –

(a) when fees and charges are to be paid; (b) payment of a bond against possible damage or cleaning expenses or both; (c) restrictions on the erection of material or external decorations; (d) rules about the use of furniture, plant and effects; (e) limitations on the number of persons who may attend any function in or on local

government property; (f) the duration of the hire; (g) the right of the local government to cancel a booking during the course of an

annual or seasonal booking, if the local government sees fit; (h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence

is first obtained for that purpose under the Liquor Control Act 1988;

(i) whether or not the hire is for the exclusive use of the local government property; (j) the obtaining of a policy of insurance in the names of both the local government

and the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer; and

(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the hire of the local government property by the hirer.

3.6 Imposing conditions under a policy (1) In this clause – “Policy” means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 3.3(1)(a). (2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government shall give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 3.3(2). (4) An application for a permit shall be deemed not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be deemed to be information within section 5.94(u)(i) of the Act.

3.7 Compliance with and variation of conditions (1) Where an application for a permit has been approved subject to conditions, the permit holder shall comply with each of those conditions. (2) The local government may vary the conditions of a permit, and the permit holder shall comply with those conditions as varied.

Division 4 - General

3.8 Agreement for building Where a person applies for a permit to erect a building on local government property the local government may enter into an agreement with the permit holder in respect of the ownership of the materials in the building.

3.9 Duration of permit A permit is valid for one year from the date on which it is issued, unless it is –

(a) otherwise stated in this local law or in the permit; or (b) cancelled under clause 3.13.

3.10 Renewal of permit (1) A permit holder may apply to the local government in writing prior to expiry of a permit for the renewal of the permit. (2) The provisions of this Part shall apply to an application for the renewal of a permit with appropriate modifications. 3.11 Transfer of permit (1) An application for the transfer of a valid permit is to – (a) be made in writing;

(b) be signed by the permit holder and the proposed transferee of the permit; (c) provide such information as the local government may require to enable the

application to be determined; and (d) be forwarded to the CEO together with any fee imposed and determined by the

local government under and in accordance with sections 6.16 to 6.19 of the Act. (2) Subject to clause 16.1, the local government may approve an application for the transfer of a permit, refuse to approve it or approve it subject to any conditions. (3) Where the local government approves an application for the transfer of a permit, the transfer may be effected by an endorsement on the permit signed by the CEO. (4) Where the local government approves or refuses the transfer of a permit, it is not required to refund any part of any fee paid by the former permit holder. (5) Where the local government refuses to approve the application for the transfer of a permit the permit holder, if not wishing to continue as the permit holder, shall return the permit as soon as practicable to the CEO.

3.12 Production of permit A permit holder is to produce to an authorised person her or his permit immediately upon being required to do so by that authorised person.

3.13 Cancellation of permit (1) Subject to clause 16.1, a permit may be cancelled by the local government if the permit holder has not complied with a –

(a) condition of the permit; or (b) determination or a provision of any written law which may relate to the activity

regulated by the permit. (2) On the cancellation of a permit the permit holder -

(a) shall return the permit as soon as practicable to the CEO; and (b) is to be taken to have forfeited any fees paid in respect of the permit.

Division 5 - When a permit is required 3.14 Activities needing a permit (1) A person shall not without a permit –

(a) subject to subclause (3), hire local government property; (b) advertise anything by any means on local government property; (c) erect a structure for public amusement or for any performance, whether for gain

or otherwise, on local government property; (d) teach, coach or train, for profit, any person in a pool area or an indoor recreation

facility which is local government property; (e) plant any plant or sow any seeds on local government property; (f) carry on any trading on local government property unless the trading is

conducted - (i) with the consent of a person who holds a permit to conduct a function, and

where the trading is carried on under and in accordance with the permit; or (ii) by a person who has a licence or permit to carry on trading on local

government property under any written law; (g) unless an employee of the local government in the course of her or his duties or

on an area set aside for that purpose - (i) drive or ride or take any vehicle on to local government property; (ii) park or stop any vehicle on local government property; or (iii) take or ride a large animal or large animals on local government property;

(h) conduct a function on local government property ; (i) charge any person for entry to local government property, unless the charge is

for entry to land or a building hired by a voluntary non-profit organisation; (j) light a fire on local government property except in a facility provided for that

purpose; (k) parachute, hang glide, abseil or base jump from or on to local government

property; (l) erect a building or a refuelling site on local government property; (m) make any excavation on or erect or remove any fence on local government

property; (n) erect or install any structure above or below ground, which is local government

property, for the purpose of supplying any water, power, sewer, communication, television or similar service to a person;

(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property;

(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly; or

(q) land an aircraft or helicopter on local government property. (2) The local government may exempt a person from compliance with subclause (1) on the application of that person. (3) The local government may exempt specified local government property or a class of local government property from the application of subclause (1)(a).

3.15 Permit required to camp outside a facility (1) In this clause – facility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping Grounds Act 1995. goods has the same meaning as is given to it in section 3.38 of the Act. (2) This clause does not apply to a facility operated by the local government. (3) A person shall not without a permit -

(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local government property;

(b) erect any tent, camp, hut or similar structure on local government property other than a beach shade or windbreak erected for use during the hours of daylight and which is dismantled during those hours on the same day; or

(c) park a vehicle on local government property, thoroughfare or public place for the purpose of sleeping in the vehicle.

(4) The maximum period for which the local government may approve an application for a permit in respect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan Parks and Camping Grounds Regulations 1997. (5) Any tent, camp, hut or similar structure erected in contravention of paragraph (b) of subclause (3) and associated goods may, subject to Regulation 29 of the Regulations, be impounded. (6) A vehicle parked in contravention of paragraph (c) of subclause (3) may, subject to the provisions of Regulation 29 of the Regulations, be impounded by immobilising the vehicle by the use of wheel clamps. (7) An authorised person who impounds a vehicle under subclause (5) shall attach a notice to a vehicle advising the owner of the vehicle that the vehicle will be released upon payment of the costs of impounding and the place where and hours during which the costs can be paid. (8) The notice attached to the impounded vehicle under subclause (6) shall also advise the owner that if the impounding costs are not paid within 24 hours the vehicle may be removed to the local government pound. (9) Notices issued under this clause shall be in the form determined by the CEO.

3.16 Permit required for possession and consumption of liquor (1) A person, on local government property, shall not consume any liquor or have in her or his possession or under her or his control any liquor, unless –

(a) that is permitted under the Liquor Control Act 1988; and (b) a permit has been obtained for that purpose.

(2) Subclause (1) does not apply where the liquor is in a sealed container.

Part 4 - Behaviour on all Local Government Property Division 1 - Behaviour on and interference with local government property

4.1 Behaviour which interferes with others A person shall not in or on any local government property behave in a manner which—

(a) is likely to cause injury to or interrupt, disturb, interfere with or is likely to interfere with the enjoyment of a person who might use the property;

(b) causes or is likely to cause a disturbance to nearby residents; or (c) creates a nuisance.

4.2 Behaviour detrimental to property or public place (1) A person shall not behave in or on local government property or public place in a way which is or might be detrimental to the property or place. (2) In subclause (1) –

“detrimental to the property or place” includes – (a) removing any thing from the local government property or public place such

as a rock, a plant or a seat provided for the use of any person; (b) destroying, defacing or damaging anything on the local government property

or public place, such as a plant, a seat provided for the use of any person or a building; and

(c) causing environmental harm or nuisance on the local government property or public place.

4.3 Adequate clothing and loitering outside toilets (1) A person over the age of 6 years shall not on or in any local government property or public place –

(a) be present unless dressed in a manner which prevents indecent exposure except where the local government property is set aside for the wearing of no clothes under clause 2.7;

(b) loiter outside or act in an unacceptable manner, in any portion of a toilet or dressing room designated for the opposite or same sex; or

(c) without the consent of the occupier, attempt to enter any dressing room or other compartment which is already occupied.

(2) Where an authorised person considers that a person on or in local government property is not dressed in a manner which prevents indecent exposure, an authorised person may direct that person to put on adequate clothing which prevents indecent exposure, and that person shall comply with the direction immediately.

4.4 Taking or injuring any fauna (1) A person shall not, take, injure or kill or attempt to take, injure or kill any fauna which is on or above any local government property or public place, unless that person is authorised under a written law to do so. (2) In this clause –

“fauna” means any animal indigenous to or which periodically migrates to any State or Territory of the Commonwealth or the territorial waters of the Commonwealth and includes in relation to any such animal –

(a) any class of animal or individual member; (b) the nests, eggs or larvae; or (c) the carcass, skin, plumage or fur.

4.5 Entry to local government property A person, other than an authorised person performing a function or contractor of the local government carrying out a contracted duty, shall not –

(a) enter or leave any local government property other than by the public entrance or exit, except in an emergency;

(b) enter or remain on any local government property except on those days and during those times when access is available to the public; or

(c) enter any place that has been fenced off or closed to the public.

Division 2 - Fees for use of local government property 4.6 Payment of applicable fees for entry or participation Where a fee is payable for entry to local government property or participation in an activity on or in any local government property, a person shall not enter that property or participate in the activity without first paying the applicable fee, unless that person has been exempted by the local government from paying that fee.

4.7 No refund of fees A person shall not be entitled to a refund of any fee paid for –

(a) bathing or using any facilities provided for public use in a pool premises; or (b) the hire of local government property where that hire is cancelled but the local

government may authorise repayment of a part or all of the amount paid.

Division 3 - Signs

4.8 Signs (1) A local government may erect a sign on local government property specifying any conditions of use which apply to that property. (2) A person shall comply with a sign erected under subclause (1). (3) A condition of use specified on a sign erected under subclause (1) is –

(a) not to be inconsistent with any provision of this local law or any determination; and

(b) to be for the purpose of giving notice of the effect of a provision of this local law.

Part 5 – Hiring of Local Government Property 5.1 Application for hire (1) The local government may hire local government property to a person who makes an application for a permit for the hire of the local government property under clause 3.2 and who pays the hire fee, if the local government approves the application under clause 3.3. (2) The local government may determine that the requirements of subclause (1) do not apply to the hiring of particular local government property or a class of local government property.

5.2 Decision on application where 2 or more applicants In the event of 2 or more applications being made for the hire of the same local government property for the same date and time, the local government may determine which, if any, applicant shall be granted an approval to hire.

5.3 Conditions of hire and use The conditions that may relate to a permit for hire of local government property include –

(a) when fees and charges are to be paid and the amount of them; (b) the purpose for which the local government property may be used; (c) the duration of the hire; (d) payment of a bond against possible damage, cleaning or other expenses; (e) restrictions on the erection of decorations inside and outside any building which

is local government property; (f) restrictions on use of furniture, plants and effects; (g) the number of persons that may attend any function in a building which is local

government property; (h) the right of the local government to cancel a booking at any time during the

course of an annual or seasonal booking; (i) the prohibition of the consumption of liquor unless an approval has been issued

by the local government; (j) the prohibition of the sale and supply of liquor unless a liquor licence has been

obtained under the Liquor Control Act 1988 for that purpose; (k) securing and locking up local government property at the end of each hire

period; (l) the prohibition of gaming unless a gaming approval has been obtained under the

Gaming and Wagering Commission Act 1987; (m) restrictions on the type of container (whether of glass, metal, plastic or other) that

drinks may be provided and served in or consumed from; (n) requiring that the amplification of any noise or any noise emitted during the hire

complies at all times with the Environmental Protection (Noise) Regulations 1997; and

(o) any other condition that the local government considers fit. 5.4 Responsibilities of hirer The permit holder in relation to a permit for the hire of local government property shall –

(a) take reasonable steps to maintain law and order by all in attendance at any function for which the local government property has been hired;

(b) ensure that an authorised person has unobstructed access to the local government property for the purpose of inspecting the local government property or enforcing any provision of this local law;

(c) prevent overcrowding;

(d) leave the local government property in a clean and tidy condition after its use;

(e) prevent the sale and consumption of any liquor unless a licence has been obtained under the Liquor Control Act 1988 for that purpose, and the local government has issued an approval for the consumption;

(f) report any damage or defacement to the local government property to the local government; and

(g) ensure compliance with all conditions upon which the permit was issued.

Part 6 – Swimming Pools and Water Parks 6.1 Use of all or part of a pool premises The manager or attendant of a pool premises may –

(a) set aside all or part of the pool premises for the use of certain persons to the exclusion of others; and

(b) direct a person as to that person’s use of the pool premises. 6.1A When entry to and use of pool premises shall be refused The manager or attendant of a pool premises shall refuse admission to, direct to leave or shall remove, or cause to be removed from the pool premises any person who in the opinion of the manager or attendant –

(a) is under the age of 10 years and who is unaccompanied by a responsible person over the age of 16 years; or

(b) is - (i) suffering from any contagious, infectious or cutaneous disease or complaint;

or (ii) in an unclean condition; or (iii) wearing unclean clothes; or (iv) is under, or apparently, under the influence of intoxicating liquor or drugs; or

(c) is to be refused admission under and in accordance with a decision of the local government for breaching any clause of this local law.

6.1B When entry to and use of pool premises may be refused The manager or attendant of a pool premises may –

(a) temporarily suspend admission to, direct to leave or remove from the pool premises all persons or any person, if in her or his opinion such action is necessary or desirable;

(b) refuse admission to, direct to leave or remove, or cause to be removed from the pool premises any person who, in the opinion of the manager or attendant – (i) is committing a breach of any provision of this local law; or (ii) is by reason of her or his past, or present conduct, within or about the pool

premises, has created or is creating a nuisance; and (c) suspend admission for a minimum period of one week to any person who has

committed a breach of any provision of this local law in relation to the pool premises.

6.2 Person to comply with direction If a manager or an attendant of a pool premises has refused admission to a person, directed a person to leave the pool premises or otherwise directed a person in relation to her or his use of the pool premises, then that person shall accept that refusal or direction.

6.3 Decency If a person appearing in public is not dressed in a manner which prevents indecent exposure the manager or attendant shall direct that person to put on a bathing costume or other clothing that prevents indecent exposure, and that person shall comply with that direction immediately.

6.4 Objection or appeal against refusal of admission (1) Where a manager or attendant refuses admission to a person or directs a person to leave pool premises under clause 6.1B(b), that refusal or direction is a decision to which Division 1 of Part 9 of the Act applies, and the person is an affected person for the purposes of that Division. (2) Subclause (1) does not apply to a suspension under clause 6.1B(c).

6.5 Carnivals (1) A person, club, organisation or association shall not conduct controlled swimming events, carnivals or competitions without the prior consent of the manager. (2) The manager may grant such consent subject to any conditions considered fit by the manager and may, at any time, withdraw that consent. (3) A person, club, organisation or association conducting a carnival or event at the pool premises shall take reasonable steps to –

(a) prevent overcrowding; (b) ensure that no damage is done to the buildings or fencing or any other portion of

the pool premises; and (c) ensure that this local law is observed by all competitors, officials and spectators

attending the function. 6.6 Closure of pool premises (1) The local government may, for such periods and reasons that it determines, close a pool premises on giving 7 days’ local public notice under section 1.7 of the Act. (2) Subclause (1) does not apply where the local government considers that the condition of the pool premises may affect the health of any person, in which case it may close the pool premises without giving any notice.

6.7 Limitations on use A person shall not -

(a) enter any portion of the pool premises set apart exclusively for the opposite sex except for a person of or under the age of 6 years;

(b) behave in a manner which creates a nuisance; (c) play any ball games or other aquatic sports whatsoever which shall in any way

limit the enjoyment of the users of the pool premises, but this prohibition does not apply to the playing of any games or aquatic sports organized and conducted on the pool premises by any club, organization or association or other person under and in accordance with the Manager’s approval;

(d) permit any animal of which he or she is the owner or for which he or she is liable for the control of to enter or remain in or about the pool premises unless the animal is a dog and the person is a person referred to in section 8 of the Dog Act 1976 acting in accordance with that section;

(e) undress or remove any part of their bathing costume except in a dressing room or enclosure provided for that purpose;

(f) use any soap or shampoo in any part of the pool premises other than in a shower recess or bathroom;

(g) climb up or upon any roof, fence, wall, grandstand railings or partition on the pool premises;

(h) use indecent, obscene, offensive or abusive language or expectorate or spit in the pool or on any part of the pool premises or in any way commit any nuisance on or in any part of the pool premises;

(i) bring onto or deposit in any part of the pool premises any filth or rubbish except in receptacles set aside for that purpose (see sections 23 and 24 of the Litter Act 1979 and Regulations 4, 5 and 6 of the Litter Regulations 1981);

(j) consume any foodstuffs or drinks in any area in which that consumption is prohibited;

(k) wastefully use the water or leave any taps flowing in the dressing rooms or elsewhere in the pool premises;

(l) use any substance or preparation whereby the water of the swimming pool becomes discoloured or rendered turbid or otherwise unfit for the proper use of persons;

(m) foul or pollute water in a shower or swimming pool; (n) soil, damage, injure, destroy, use improperly, disfigure or write in or upon any

dressing room, cubicle or compartment or any part of the pool premises or any furniture or other article or equipment on the pool premises;

(o) while suffering from a contagious, infectious or cutaneous disease or skin complaint or whilst in an unclean condition enter or use or attempt to enter or use the swimming pool or pool premises;

(p) smoke in the pool premises; or (q) operate a camera device in any portion of a dressing room or enclosure at the

pool premises to record or transmit an image. 6.8 Ticket or membership card not transferable No ticket, token, licence, membership card or receipt issued by or under the authority of the local government in respect of the use of or admission to the pool premises is transferable to another person.

PART 7 - BEACHES AND BATHING

7.1 Sandboarding and sand dune protection A person shall not -

(a) use a sandboard or any other board or thing to slide down sand dunes on local government property;

(b) take onto any sand dunes a sandboard or other thing used for sliding down sand dunes on local government property;

(c) traverse sand dunes on local government property except along pathways designated by signs or fences for the purpose; or

(d) unless authorised to do so by the local government or permitted by a sign, take vehicle onto any beach or sand dunes on local government property.

7.2 Boat Launching (1) A person shall not launch a boat or personal watercraft from -

(a) local government property unless that has been set aside for the purpose under clause 2.7; or

(b) a beach within the application of this local law unless that launching is permitted by a sign.

(2) Any prohibition in subclause (1) does not apply to any member of a surf lifesaving club or lifesaving patrol in the course of her or his duties, training or while in competition.

7.3 Surf lifesaving activities The local government may appoint a person as a beach inspector and authorise members of surf lifesaving clubs or any local government employee to perform all or any of the following functions in the interests of maintaining safety at beaches in the district -

(a) patrol any beach; (b) take onto any beach any life saving gear including vehicles or boats that are for

use in life saving activities; (c) indicate by signs or patrol flags, any areas of a beach and the adjacent water

beyond the beach, where bathing is permitted; (d) indicate by signs any areas of a beach and the adjacent water beyond the beach

where - (i) the riding of surfboards or use of any other bathing appliance is prohibited; (ii) the driving of boats or personal watercraft is prohibited; (iii) fishing is prohibited; or (iv) the use of skim boards, land boards, kite surfing and associated activities

are prohibited; (e) regulate, prohibit, restrict or set aside by a sign, rope, wire, cloth or other flexible

sheeting, or thing, any areas of a beach for any one or more of the following activities - (i) entry or exit by any person; (ii) playing of games; (iii) conduct of training or surf club carnivals; (iv) establishing a first aid or command post; and

(f) direct any person to – (i) bathe within the permitted bathing area indicated by signs or patrol flags

under paragraph (c); (ii) leave the water adjacent to a beach during any period of potential dangerous

conditions or the sighting of a shark or crocodile; or (iii) cease any activity not in accordance with this local law.

7.4 Identification of life saving patrol (1) A person who is a member of a lifesaving club shall wear a red and yellow quartered swimming cap while he or she is on duty during a lifesaving club live saving patrol. (2) A person who is not a member of an on duty lifesaving patrol shall not wear a red and yellow quartered swimming cap or give the impression they are a member of an on duty lifesaving patrol. (3) A person appointed by the local government to patrol any beach shall wear a patrol uniform in the colours and style as determined by the local government. (4) A vehicle used for a lifesaving patrol must have a logo or decal on the vehicle to indicate that it is a vehicle being used for that purpose.

7.5 Compliance with signs and directions A person attending at any beach shall -

(a) comply with any sign erected on the beach; (b) comply with any lawful direction given by an authorised person, beach inspector

member of a surf lifesaving club or local government employee under clause 7.3(f);

(c) not enter any area designated for any lifesaving activity, training, competition or carnival conducted by a lifesaving club unless that person is a member of the club or has obtained permission to enter that area from the club; and

(d) not interfere with, obscure, obstruct, or hang any item of clothing or towel on a flag, sign, notice or item of life saving equipment.

7.6 Fishing (1) A person shall not fish on or from any local government property or public place –

(a) where fishing is prohibited and the prohibition is designated by a sign; or (b) in any permitted bathing area indicated by signs or patrol flags under clause 7.3(c).

(2) A person shall not, whether fishing is permitted or not – (a) leave or deposit dead fish or fish offal on any beach; or (b) leave or deposit dead fish or fish offal in the sea within 200 metres of any part of

a beach; or (c) fish for sharks by the use of set or buoyed lines or use blood, offal or any other

lure for the purpose of attracting sharks within 200 metres of any part of a beach. 7.7 Surfboards and boats (1) A person shall not ride a surfboard or drive a personal watercraft or boat in any permitted bathing area indicated by signs or patrol flags under clause 7.3(c). (2) A person shall not drive or ride on any personal watercraft within 50 metres of any person bathing. (3) In this clause “surfboard” includes a windsurfer and surf kite.

7.8 Authority of local government authorised employee to prevail If the local government has authorised a person under clause 7.3 and member of a surf lifesaving club under clause 7.3 in relation to the same beach, where they could perform a function referred to in clause 7.3 or 7.5 contemporaneously, the authority of an authorised person employed by the local government under clause 7.3 is to prevail.

PART 8 - ACTIVITIES ON VERGES AND FOOTPATHS Division 1 - Verge treatments

8.1 Interpretation In this Division, the following terms have the following meaning - “acceptable material” means any material that will create a dust free, moisture retentive, erosion resistant surface and is prescribed in clause 8.3(c); and “permissible verge treatment” means a verge treatment specified in clause 8.3.

8.2 Verge treatment The owner or occupier of land adjacent to a verge shall not install or maintain a verge treatment on the verge which is not a permissible verge treatment and in any event shall not -

(a) alter the finished level of the verge; or (b) cover, obstruct or otherwise adversely affect the intended purpose of any

manhole, inspection pit, constructed drain or other facility or installation placed or constructed by a public body in any part of or adjacent to a thoroughfare.

8.3 Permissible verge treatments For the purpose of clause 8.1, the permissible verge treatments are as follows –

(a) Plant and maintain a lawn; or

(b) Plant and maintain a garden provided that no part of the vegetation – (i) is greater than 600 millimetres in height within 20 metres of an intersection; (ii) restricts the clear sight visibility of a person using the thoroughfare or using

a driveway abutting the thoroughfare; (iii) inhibits or interferes with street lighting and visibility of signage; (iv) is of a thorny or poisonous nature or which may otherwise create a hazard

for pedestrians; (v) is a declared weed species; (vi) produces large heavy fruits, eg coconuts, unless the owner or occupier

installs appropriate fall protection devices; (vii) restricts a 2-metre clear and safe pedestrian access way where there is no

existing footpath; (viii) is no more than 600 millimetres in height within 1.2 metres of either side of a

footpath or access way; (ix) intrude on a 3-metre clearance zone above a footpath or access way or a

4.5 metre clearance zone above a roadway; and (x) no water pipes or connections protrude above the surface of the garden; or

(c) Installation of Surface Treatments using one of the following materials where the treatment is installed and levelled to 15 millimetres below a containment border or garden kerb – (i) treated timber, plastic or concrete garden edge kerbing flush with infill or

garden bed; (ii) Stone/rock-mulch treatments using –

River-washed rounded stone D50<40 millimetres Crushed rock D50<40 millimetres Crusher dust D50< 10 millimetres

(iii) Organic mulch; (d) Installation of statues and/or boulder rockwork provided they do not –

(i) exceed 600 millimetres in height when within 20 metres of an intersection; (ii) restrict clear visibility for a person using the thoroughfare or driveway

abutting the thoroughfare; (iii) inhibit or interfere with adequate street lighting and visibility of signage; (iv) occur within 2.75 metres of the back of kerb or travelled path on roads

without kerbing; or (v) require electricity; or

(e) A combination of (a) to (d) above. 8.4 Owner’s or occupier's responsibilities for verge treatments An owner or occupier of land adjacent to a verge who installs or maintains a permissible verge treatment on the verge shall -

(a) keep the verge treatment in good and tidy condition and ensure, where the verge treatment is a garden or lawn, that no obstruction of any sort (physical, sight or other) is caused to any accessway, footpath, pavement or carriageway;

(b) create a hard surface with an acceptable material only; (c) not place any obstruction on or around any verge treatment; (d) not water or maintain a verge treatment in such a manner as to cause a nuisance

or hazard to any person using the adjacent footpath, accessway or carriageway; and

(e) not extend the verge treatment beyond the verge immediately adjacent to the land owned or occupied by the owner or occupier, without the written approval of the owner of the adjoining property, immediately adjacent to the verge to be treated.

8.5 Installation of hardstand surface on a verge for the parking of cars An owner or occupier shall not install an impervious concrete, bitumen or brick-paved hardstand surface on a verge for the purpose of parking vehicles without first obtaining written approval of the local government.

8.6 Enforcement The local government may give a notice under clause 13.1, requiring the owner or occupier of any land adjacent to a verge to –

(a) make good within the time period specified in the notice any breach of a provision of this Division; or

(b) within the time specified in the notice, give a satisfactory reason to the local government why the verge treatment should be retained without alteration, or why the owner or occupier should be given extra time in which to comply with the notice.

Division 2 - Vehicle crossings

8.7 Vehicle crossing treatment Vehicle crossings are dealt with in regulations 12 to 16 of the Local Government (Uniform Local Provisions) Regulations 1996.

8.8 Standard vehicle crossings For the purpose of regulation 15 of the Local Government (Uniform Local Provisions) Regulations 1996, a standard crossing in the district is as follows -

(a) where the land to which access will be provided from a thoroughfare is zoned residential a vehicle crossing will be a standard crossing if it – (i) is constructed from either brick paving, bitumen seal or concrete in

accordance with the local government’s residential vehicle crossing specifications as determined by the local government and varied by it from time to time; and

(ii) has a minimum width of 3 metres at the boundary line between the verge and the adjacent property and a minimum of 7 metres at the edge of the carriageway;

(b) where land to which access will be provided from a thoroughfare is zoned industrial/commercial/mixed use, a vehicle crossing will be a standard crossing if it – (i) is constructed from brick paving, bitumen seal or concrete in accordance

with the local government’s commercial/industrial vehicle crossing specifications as determined by the local government and varied by it from time to time; and

(ii) has a width at the boundary line between the verge and the adjacent property and at the edge of the carriageway in accordance with Main Roads Western Australia standards as adopted by the local government; or

(c) where land to which access will be provided from a thoroughfare is zoned rural a vehicle crossing will be a standard crossing if it –

(i) is constructed from either asphalt, chip seal, concrete or brick paving in accordance with the local government's rural vehicle crossing specifications as determined by the local government and varied by it from time to time; and

(ii) has a minimum width of 3 metres at the boundary line between the verge and the adjacent property and a minimum of 9 metres at the edge of the carriageway.

Division 3 - Protection of footpaths

8.9 Footpath protection (1) The owner, occupier, licensee or contractor who undertakes works on land adjacent to a footpath, shall –

(a) take all necessary precautions to ensure that the footpath is not damaged during the course of the works; and

(b) notify the local government of any existing damage to the footpath prior to the commencement of the works.

(2) A person who carries out any building or other operations or works necessitating the crossing of a footpath with vehicles that may cause damage to the footpath, shall ensure that –

(a) all reasonable precautions are taken to prevent damage to the footpath during the course of the works; and

(b) heavy vehicles that access the land, are to cross the footpath at the designated area for the proposed vehicle crossing.

(3) Any person who causes damage to a footpath during works undertaken on the land or works within the thoroughfare shall pay the costs of the local government to repair the damage.

PART 9 — ADVERTISING SIGNS ON THOROUGHFARES

Division 1—Preliminary 9.1 Definitions In this Part, unless the context otherwise requires— advertisement means the use or intention of use for the purpose of advertising any premises, services, business, function, event, product or thing; advertising device means an object on which words, numbers or figures are written, placed, affixed or painted for the purpose of advertising any business, function, operation, event, undertaking, product, or thing and includes a vehicle or trailer or other similar object placed or located so as to serve the purpose of advertising a business, function, operation, event, undertaking, product or thing; advertising sign means a sign used for the purpose of advertisement and includes an election sign, advertising device, portable direction sign and real estate sign; direction sign means a sign which indicates the direction of another place, activity or event, but does not include any such sign erected or affixed by the local government or the Commissioner of Main Roads; election sign means a sign which advertises any aspect of a forthcoming Federal, State or Local Government election; portable direction sign means a direction sign that is portable; portable sign means a sign not permanently attached to the ground or to a structure, wall, fence or building and includes but is not limited to a sandwich board sign consisting of 2 sign boards attached to each other at the top or elsewhere by hinges or other means; property disposal sign means a sign indicating that the premises whereon it is affixed or erected, are for sale, for letting or to be auctioned; and sign includes a notice, poster, flag, mark, word, letter, model, placard, board, structure, device or representation.

Division 2—Permit 9.2 Permit required for advertising signs and portable direction signs (1) A person shall not, without a permit—

(a) erect or place an advertising sign on a thoroughfare; or (b) post any bill or paint, place or affix any advertisement on a thoroughfare.

(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign which neither exceeds 500 millimetres in height nor 0.5 square metres in area, provided that the sign is placed or erected on a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or event during the hours of that activity or event.

(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign— (a) over any footpath where the resulting vertical clearance between the sign and

the footpath is less than 2,700 millimetres; (b) on or within 500 millimetres from the kerb; (c) in any other location where, in the opinion of the local government or an

authorised person, the sign is likely to obstruct lines of sight along a thoroughfare or cause danger to any person using the thoroughfare; or

(d) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the structural approaches to a bridge.

9.3 Matters to be considered in determining application for permit In determining an application for a permit for the purpose of clauses 3.3 and 9.2(1), the local government is to have regard to—

(a) any other written law regulating the erection or placement of advertising signs or advertisements within the district;

(b) the dimensions of the advertising signs or advertisements; (c) whether the siting, design and general appearance of the advertising sign

detracts from the visual amenity and character of the area; (d) other advertising signs already approved or erected in the vicinity of the

proposed location of the advertising signs or advertisements; (e) whether or not the advertising signs or advertisements will create a hazard to

persons using a thoroughfare; and (f) the amount of the public liability insurance cover, if any, to be obtained by the

applicant.

Division 3—Conditions on permit 9.4 Conditions on portable sign (1) If the local government approves an application for a permit for a portable sign, the application is to be taken to be approved subject to the following conditions—

(a) the portable sign shall— (i) not exceed 1,000 millimetres in height; (ii) not exceed an area of 0.8 square metres on any side; (iii) relate only to the business activity described on the permit; (iv) not be placed in any position other than immediately in front of the building

or the business to which the sign relates and be located not closer than 500 millimetres to the kerb or further than 1,200 millimetres from the kerb so as to ensure the free passage of persons using the footpath;

(v) be removed each day at the close of the business to which it relates and not be erected again until the business next opens for trading;

(vi) be secured in position in accordance with any requirements of the local government;

(vii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access to a place by any person or the sight line of any vehicle drivers; and

(viii) be maintained in good condition; and (b) no more than one portable sign shall be erected in relation to the one building

or business.

(2) The permit holder of a permit for a portable sign shall comply with each of the conditions in subclause (1).

9.5 Conditions on election sign (1) If the local government approves an application for a permit for the erection or placement of an election sign on a thoroughfare, the application is to be taken to be approved subject to the sign—

(a) being erected at least 30 metres from any intersection; (b) being free standing and not being affixed to any existing sign, post, power or

light pole, or similar structure; (c) being placed so as not to obstruct or impede the reasonable use of a

thoroughfare or access to a place by any person; (d) being placed so as not to obstruct or impede the vision of a driver of a vehicle

entering or leaving a thoroughfare or crossing; (e) being maintained in good condition; (f) not being erected until the election to which it relates has been officially

announced; (g) being removed within 24 hours of the close of polls on voting day; (h) not being placed within 100 metres of any works on the thoroughfare; (i) being

securely installed; (j) not being an illuminated sign; (k) not incorporating reflective or fluorescent materials; and (l) not displaying only part of a message which is to be read with other separate

signs in order to obtain the whole message. (2) The permit holder of a permit for the erection or placement of an election sign shall comply with each of the conditions in subclause (1).

PART 10 – DAMAGE TO AND CLOSED THOROUGHFARES

Division 1 - Damage to thoroughfares 10.1 Notice to repair damage to thoroughfare Where any portion of a thoroughfare has been damaged, the local government may, by notice to the person who caused the damage, order the person to repair or replace that portion of the thoroughfare to the satisfaction of the local government.

Division 2 - No driving on closed thoroughfares

10.2 Act and Regulations deal with closing of thoroughfares Sections 3.50 and 3.50A of the Act and regulations 4 to 6 of the Regulations and the Road Traffic Act 1974 deal with the closing of certain thoroughfares to vehicles.

10.3 No access without consent A person shall not drive or take a vehicle on or cause a vehicle to be driven or taken on a closed thoroughfare –

(a) unless it is in accordance with any limits or exceptions specified in the order made under section 3.50 of the Act; or

(b) without an approval.

PART 11 - SHOPPING TROLLEYS 11.1 Name of owner of shopping trolley A retailer shall clearly mark its name or its trading name on any shopping trolley made available for the use of its customers.

11.2 Shopping trolleys in public places A person shall not leave a shopping trolley in a public place, other than in an area set aside for the storage of shopping trolleys.

11.3 Shopping trolley to be removed by retailer Where a shopping trolley is found in a public place, other than in an area set aside for the storage of shopping trolleys, and the retailer whose name is marked on the trolley has been advised verbally or in writing of its location by the local government, the retailer shall remove the shopping trolley from the public place within 24 hours of being advised.

11.4 Retailer taken to own shopping trolley In the absence of any proof to the contrary, a shopping trolley is to be taken to belong to a retailer whose name is marked on the trolley.

PART 12 - SECURED SUM

12.1 Security for restoration and reinstatement (1) The local government may require payment of a bond for a sum determined by the local government for the purpose of ensuring that –

(a) hired local government property, including fixtures and fittings in a building can be cleaned or repaired;

(b) a footpath damaged during the construction of any building on an adjacent lot, can be repaired or reinstated; or

(c) conditions of an approval, in so far as they relate to local government property or a public place, are complied with.

(2) A bond required under subclause (1) is to be paid into an account established by the local government for the purpose of this clause.

PART 13 - REMEDY FOR BREACH

13.1 Notice requiring works to be done (1) Where the local government requires works to be done to rectify a breach of any approval or a condition of an approval or a provision of this local law, the local government may give a notice in writing to the approval holder or person who has breached this local law -

(a) advising details of the breach of the approval, condition or local laws and of the works required to rectify the breach;

(b) requiring the approval holder or person to do the works required within the time specified in the notice; and

(c) advising that where the approval holder or person fails to comply with the requirements of the notice within the time specified, the local government may do the required works.

(2) An approval holder or person shall comply with a notice given to her or him under subclause (1). (3) Where the approval holder or person referred to in subclause (1) fails to comply with the requirements of a notice given under subclause (1), the local government may by its employees, agents or contractors carry out all works and do all things necessary to comply with the requirements of the notice. (4) The local government may recover the expenses incurred in carrying out the works under subclause (3) –

(a) as a charge against any secured sum lodged for the purpose by the approval holder or person who has breached this local law under clause 13.1; or

(b) from the approval holder or person who has breached this local law in a court of competent jurisdiction.

PART 14 - MISCELLANEOUS

14.1 Public liability insurance and indemnity (1) Where, as a condition of an approval, an approval holder or person is required to obtain public liability insurance, indemnifying the local government against all actions, suits, claims, damages, losses and expenses made against or incurred by the local government arising from any activity, action or thing performed or erected in accordance with the approval, and to keep that insurance current for the duration of the approval, the approval holder or person shall –

(a) enter into an agreement with the local government to provide and maintain the required public liability insurance;

(b) take out a public liability insurance policy in the name of the approval holder or person and the local government, for a minimum value of $10 million or such other amount as the local government considers appropriate for the risk involved;

(c) include a clause in the policy under paragraph (b) which prevents the policy from being cancelled without the written consent of the local government;

(d) include a clause in the policy under paragraph (b) which requires both the approval holder or person and the insurance company, to advise the local government if the policy lapses, is cancelled or is no longer in operation; and

(e) on the request of an authorised person, provide for inspection, a certificate of currency for the insurance policy required under paragraph (b).

(2) An approval holder or person who refuses or cannot provide a certificate of currency within 2 working days of a request under subclause (1)(a) commits an offence.

14.2 Directions of authorised person (1) An authorised person may direct any person on local government property or a public place to -

(a) stop doing anything which the authorised person considers on reasonable grounds the person on the property or place is in the process of doing, which is contrary to this local law or any other local law applying in the district;

(b) leave that property or place; or (c) assist the authorised person or another person in the case of an emergency.

(2) A person who is given a lawful direction under subclause (1) shall comply with that direction.

14.3 Disposal of lost and found property (1) This clause does not apply to an article which is subject to Subdivision 4 of Division 3 of Part 3 of the Act. (2) A person finding an article left on or in local government property or a public place shall give that article to the local government, an authorised person or a manager or attendant. (3) The local government shall register a description of the article and all particulars relating to it in a lost property register to be kept for that purpose. (4) A person claiming the article who satisfies the local government, an authorised person, or manager or attendant that he or she is the lawful owner of the article shall, on return of the article, by way of acknowledging its receipt, write her or his name and address and provide their signature in the lost property register. (5) An article not claimed within a period of 3 months from the date it is entered in the lost property register shall be disposed of by the local government as it considers fit and the proceeds from any sale shall belong to the local government. (6) Where an article which is perishable is given to the local government, an authorised person or a manager or attendant under subclause (2), the local government may dispose of that article at any time without entering that in the register under subclause (3).

PART 15 - OFFENCES AND PENALTIES 15.1 Offences (1) Any person who fails to do anything required, directed or ordered to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) An offence against a clause specified in the Schedule 1 of this local law is a prescribed offence for the purposes of section 9.16(1) of the Act. (3) Any person who commits an offence under this local law shall be liable, upon conviction, to a penalty not exceeding $5,000 and, if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of each day during which the offence continues.

15.2 Infringement and infringement withdrawal notices (1) For the purposes of this local law -

(a) where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;

(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations.

(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence against clause 2.4, the notice is to contain a description of the alleged offence.

15.3 Offence description and modified penalty The amount appearing in the final column of the Schedule directly opposite an offence described in the Schedule 1 is the modified penalty for that offence.

15.4 Records to be kept The local government shall cause adequate records to be kept of all infringement notices served and modified penalties received.

PART 16 - OBJECTIONS AND APPEALS 16.1 Application of Division 1, Part 9 of the Act When the local government makes a decision as to whether it will – (a) grant a person a permit or consent under this local law; or

(b) renew, vary, or cancel a permit or consent that a person has under this locallaw, the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations applies to that decision.

Schedule 1 – Prescribed Offences [cl 15.1(2)]

Item No

Clause No

General Description of Offence Penalty $

1 2.4 Failure to comply with a determination 125 2 3.7(1) Failing to comply with conditions of a permit 125 3 3.7(2) Failing to comply with conditions of permit as varied 125 4 3.14(1) Failing to obtain a permit 125 5 3.15(3) Failure to obtain permit to camp outside facility 125 6 3.16(1) Failure to obtain permit for liquor 125 7 4.1(a) Behaviour likely to interrupt, disturb or interfere with

enjoyment of other persons 125

8 4.1(b) Behaviour which interrupts, disturbs or interferes with enjoyment of other persons

125

9 4.2(1) Behaviour detrimental to property 125 10 4.3(1)(c) Without consent of the occupier, entering or

attempting to enter a dressing room already occupied 125

11 4.4(1) Taking, killing or injuring any fauna 125 12 4.5(a) Entering or leaving any local government property or

building other than by the public entrance or exit 60

13 4.5(b) Entering or remaining on any local government property except during times access is available to the public

60

14 4.5(c) Entering any place that has been fenced off, or closed to the public

125

15 4.6 Entering local government property without first paying the applicable fee or charge

60

16 4.8(2) Failure to comply with sign on local government property

125

17 5.4(g) Failing to meet responsibilities of hirer of local government property

125

18 6.2 Failing to leave pool premises when directed to do so 60 19 6.7 Failing to meet limitations on use of swimming pool 125 20 7.1(a) Using a sandboard, other board or thing to slide down

sand dunes 125

21 7.1(c) Traversing sand dunes other than along designated paths

125

22 7.1(d) Taking a vehicle onto any beach or sand dunes 125 23 7.2(1) Launching a boat into sea from area not approved or

not permitted by signs 125

24 7.5(a) Failing to comply with a sign erected on a beach 125 25 7.6(1)(a) Fishing in an area where fishing is prohibited and

designated by signs 100

26 7.6(1)(b) Fishing in a permitted bathing area 100 27 7.6(2)(a) Leaving or depositing dead fish or fish offal on any

beach 60

28 7.6(2)(b) Leaving or depositing dead fish or fish offal in the sea within 200m of any beach

60

29 7.7(1) Riding a surfboard, driving a personal watercraft or boat in a designated permitted bathing area

100

30 8.2(b) Covering or obstructing any manholes, gullies or inspection pits on a verge

100

31 8.2 Installation of verge treatment other than permissible verge treatment

100

32 8.4(a) Failing to keep verge treatment in good and tidy condition and avoid obstruction of any sort

100

33 8.4(c) Placing any obstruction on or around any verge treatment

100

34 8.4(d) Watering or maintaining a verge treatment so as to cause a nuisance or hazard to a person using footpath, accessway or carriageway

100

35 8.9(1)(a) Failing to take necessary precautions to ensure footpath is not damaged during works

100

36 8.9(1)(b) Failing to notify local government of existing footpath damage prior to commencement of works

60

37 9.2(1) Failure to obtain permit for advertising sign on thoroughfare

125

38 9.4(2) Failure to comply with conditions of permit for portable sign

125

39 9.5(2) Failure to comply with conditions of permit for elections sign

125

40 10.3 Driving on a closed thoroughfare 150 41 11.2 Leaving a shopping trolley in a public place not set

aside for storage of trolleys 60

42 11.3 Failure of owner to remove shopping trolley within 24 hours of being advised by local government

100

43 13.1(2) Failing to comply with a notice 250 44 14.2(2) Failing to comply with a lawful direction of an

authorised person 125

[cl 2.1] Schedule 2 – Determinations

The following determinations are to be taken to have been made by the local government under clause 2.1. Part 1 – Preliminary 1.1 Definitions (1) In these determinations unless the context otherwise requires –

approved place means the land or premises specified in a trading licence as approved by the local government; approved route means a route specified in a trading licence approved by the local government; authorised person means a person appointed by the local government under section 9.10 of the Local Government Act 1995 to perform any of the functions of an authorised person under this local law; local government means the Shire of Carnarvon; and local law means the Shire of Carnarvon Local Government Property and Public Places Local Law 2014.

(2) Unless the context otherwise requires, where a term is used but not defined in a determination and that term is defined in the local law then the term shall have the meaning given to it in the local law.

Part 2 – Driving Vehicles on Local Government Property

2.1 Speed of Vehicles on Reserves A person shall not drive a vehicle or allow a vehicle to be driven upon local government property at a speed exceeding 15 kilometres an hour, or in such a manner as to cause danger, inconvenience or annoyance to any person.

Part 3 – Activities Prohibited on Local Government Property

3.1 Activities prohibited on local government property A person is prohibited from pursuing all or any of the following activities on local government property except on land which is reserved to the local government for the purpose, or which is set aside under clause 2.7(1) of this local law for the purpose –

(a) the playing or practice of golf, archery, pistol shooting or rifle shooting. Dated <……………> The Common Seal of Shire of Carnarvon was affixed by the authority of a resolution of Council in the presence of – ……………………………………… K BRANDENBURG Shire President

……………………………………… I D’ARCY Chief Executive Officer

SCHEDULE 8.3.2 (i)

LOCAL GOVERNMENT ACT

1995

CAT ACT 2011

SHIRE OF CARNARVON

KEEPING AND CONTROL OF CATS LOCAL LAW 2014

Under the powers conferred by the Cat Act 2011 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Carnarvon resolved on <> to make the following local law.

PART 1—PRELIMINARY

1.1 Citation

This local law may be cited as the Shire of Carnarvon Keeping and Control of Cats Local Law 2014. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Application This local law applies throughout the district. 1.4 Repeal The Local Law-Cat Control, published in the Government Gazette on 17 June 1997 is repealed. 1.5 Definitions In this local law unless the context otherwise requires— Act means the Cat Act 2011; Applicant means the occupier of the premises who makes an application for a permit under this local law; Authorised Person means a person authorised by the local government to perform the functions conferred on an authorised person under this local law; cat means an animal of the species felis catus or a hybrid of that species; cattery means any premises where more than 2 cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary keeper of the cats; CEO means the Chief Executive Officer of the local government; Council means the Council of the local government; district means the district of the local government; effective control in relation to a cat means any of the following methods

(a) held by a person who is capable of controlling the cat; (b) securely tethered; (c) secured in a cage; or (d) any other means of preventing escape.

keeper in relation to a cat means any of the following persons (a) the owner of the cat as defined in the Act; (b) a person by whom the cat is ordinarily kept; (c) a person who has or appears to have immediate custody or control of the cat; (d) a person who keeps the cat, or has the cat in her or his possession for the time being; (e) a person who occupies any premises in which a cat is ordinarily kept or ordinarily permitted to

live; (f) a permit holder of a permit which relates to the cat; (g) the holder of an exemption issued in relation to the cat;

local government means the Shire of Carnarvon;

nuisance means behaviour that includes where a cat—

(a) excretes or urinates on premises being premises where the cat is not normally resident; (b) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law; (c) an unreasonable interference with the use and enjoyment of a person of his or her ownership or occupation of land; (d) interference which causes material damage to land or other property on the land affected by the interference; or (e) is, or is likely to be, injurious or dangerous to the health of any person or domestic or Australian indigenous animal.

permit means a permit issued by the local government under clause 3.6; permit holder means a person who holds a valid permit under clause 3.6; premises includes the following—

(a) land (whether or not vacant); (b) the whole or part of a building or structure (whether of a permanent or temporary nature); and (c) a vehicle.

public place includes any place to which the public has access; RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Inc) of Western Australia; Schedule means a schedule to this local law; and Scheme means a town planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents;

PART 2—CONTROL OF CATS

2.1 Cats in public places

(1) A cat shall not be in a public place unless the cat is, in the opinion of an authorised officer, under

effective control; (2) If a cat is at any time in a public place in contravention of clause 2.1 (1)—

(a) the keeper of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the

Act. 2.2 Cats in other places (1) A cat shall not be in any place that is not a public place unless—

(a) consent to its being there has been given by the occupier, or a person apparently authorised to consent on behalf of the occupier; and

(b) it is under effective control. (2) If a cat is at any time in a place in contravention of clause 2.2 (1)—

(a) the keeper of the cat commits an offence; and (b) an authorised person may seize and impound the cat and deal with the cat pursuant to the

Act.

PART 3—PERMITS FOR KEEPING CATS

3.1 Interpretation In this Part, and for the purposes of applying the definition of “cattery” in Part 3— cat does not include a cat less than 3 months old. 3.2 Cats for which permit is required

(1) Subject to subclause (2) a person is required to have a permit— (a) to keep 3 or more cats on any premises; (b) to use any premises as a cattery.

(2) A permit is not required under subclause (1) if the premises concerned are— (a) a refuge of the RSPCA or any other animal welfare organisation; (b) an animal pound which has been approved by the local government; (c) a veterinary surgery; (d) a pet shop; or (e) a premises with 2 or less cats.

3.3 Application for permit An application for a permit under clause 3.2 shall be—

(a) be made by an occupier of premises in relation to those premises; (b) in a form approved by the local government, describing and specifying the number of cats to be kept on the premises; (c) accompanied by the plans of the premises to which the application relates to the specification and satisfaction of the local government; (d) accompanied by the consent in writing of the owner of the premises, where the occupier is not the owner of the premises to which the application relates; (e) accompanied by the application fee for the permit determined by the local government from time to time.

3.4 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 3.3. 3.5 Factors relevant to determination of application (1) In determining an application for a permit the local government may regard to—

(a) the physical suitability of the premises for the proposed use; (b) the suitability of the zoning of the premises under any Scheme which applies to the premises for the use; (c) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use; (d) the structural suitability of any enclosure in which any cat is to be kept; (e) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of adjoining land; (f) the likely effect on the amenity of the surrounding area of the proposed use; (g) the likely effect on the local environment, including any pollution or other environment damage which may be caused by the use; (h) any submissions received under subclause (2) within the time specified in subclause (2); and (i) such other factors which the Local government may consider to be relevant in the circumstances of the particular case.

(2) The local government may require an applicant to— (a) consult with adjoining landowners; and (b) advise the adjoining landowners that they may make submissions to the local government on the application for the permit within 14 days of receiving that advice, before determining the application for the permit.

3.6 Decision on application (1) The local government may—

(a) approve an application for a permit in which case it shall approve it subject to the conditions in clause 3.7 and may approve it subject to any other conditions it considers fit; or (b) refuse to approve an application for a permit.

(2) If the local government approves an application under subclause (1), then it shall issue to the applicant a permit in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it is to advise the applicant accordingly in writing. 3.7 Conditions (1) Every permit is issued subject to the following conditions—

(a) each cat kept on the premises to which the permit relates shall be registered under the Act; (b) each cat shall be contained on the premises unless under the control of a person; (c) the permit holder will provide adequate space for the exercise of the cats; (d) the premises shall be maintained in good order and in a clean and sanitary condition; and (e) those conditions contained in Schedule 1.

(2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. (3) The permit holder who fails to comply with a condition of a permit commits an offence.

3.8 Duration of permit Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and is valid for a period of 12 months from the date of issue unless and until—

(a) it is revoked; or (b) the permit holder ceases to reside at the premises to which the permit relates.

3.9 Revocation The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit. 3.10 Permit not transferable A permit is not transferable either in relation to the permit holder or the premises.

PART 4—MISCELLANEOUS 4.1 Giving of a notice

A notice given under this local law may be given to a person— (a) personally; (b) by registered mail addressed to the person; or (c) by leaving it for the person at her or his address.

PART 5—OBJECTIONS AND APPEALS

5.1 Objection and appeal rights Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995.

PART 6—OFFENCES, DEFENCE AND PENALTIES 6.1 Offences

(1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence. (2) Any person who commits an offence under this local law is liable, on conviction to a penalty not exceeding $5000, and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of a day during which the offence has continued. 6.2 Prescribed offences An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 84 of the Act. The amount appearing directly opposite each such offence is the modified penalty in relation to that offence. 6.3 Forms (1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Act. (2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of Schedule 1 of the Cat Regulations 2012. (3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012.

————

Schedule 1

ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS

A. Permit to keep 3 or more cats Additional conditions (1) The written consent to the application for a permit of the adjoining multiple dwellings has been obtained; (2) Without the consent of the local government, the permit holder will not substitute or replace any cat once

that cat— (a) dies; (b) is permanently removed from the premises.

B. Permit to use premises as a cattery Additional conditions (1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements.

(2) There is to be a feed room, wash area, isolation cages and maternity section. (3) Materials used in structures are to be approved by the local government. (4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects. (5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin. (6) Wash basin with the minimum of cold water to be available. (7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded. (8) An entry book is to be kept recording in respect of each cat the—

(a) date of admission; (b) date of departure; (c) breed, age, colour and sex; and (d) the name and residential address of the keeper;

(9) The entry book is to be made available for inspection on the request of an authorised person. (10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease. (11) No sick or ailing cat to be kept on the premises. (12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof).

————

Item Number

Schedule 2

Shire of Carnarvon

KEEPING AND CONTROL OF CATS LOCAL LAW 2014

MODIFIED PENALTIES

Clause Number Nature of Offence

Modified Penalty

1 2.1(1) Cat in public place $250 2 2.2(1) Cat in any place that is not a public place $250 3 3.2 (1) Keeping of 3 or more cats/cattery on premises

without permit 4 3.7(3) Failure to comply with a condition of a permit

$250 $250

————

Dated <……………………>. The Common Seal of the Shire of Carnarvon was affixed under the authority of a resolution of Council in the presence of:

K. Brandenburg I. D’Arcy Shire President Chief Executive Officer

SCHEDULE 8.3.3 (i)

DOG ACT 1976


SHIRE OF CARNARVON

DOG LOCAL LAW 2014

TABLE OF CONTENTS PART 1 - PRELIMINARY 1.1 Citation 1.2 Commencement 1.3 Definitions 1.4 Application PART 2 - IMPOUNDING OF DOGS 2.1 Fees and charges 2.2 Attendance of pound keeper at pound 2.3 Release of impounded dog 2.4 Offences relating to pounds PART 3 - REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS 3.1 Dogs to be confined 3.2 Limitation on the number of dogs PART 4 - APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation 4.2 Application for licence for approved kennel establishment 4.3 Notice of proposed use 4.4 Exemption from notice requirements 4.5 When application can be determined 4.6 Determination of application 4.7 Where application cannot be approved 4.8 Conditions of approval 4.9 Fees 4.10 Form of licence 4.11 Period of licence 4.12 Variation or cancellation of licence 4.13 Transfer 4.14 Notification 4.15 Inspection of kennel PART 5 - DOGS IN PUBLIC PLACES 5.1 Places where dogs are prohibited absolutely 5.2 Places which are dog exercise areas PART 6 - MISCELLANEOUS 6.1 Offence to excrete PART 7 - ENFORCEMENT 7.1 Interpretation 7.2 Offences 7.3 General penalty 7.4 Modified penalties 7.5 Issue of infringement notice 7.6 Failure to pay modified penalty 7.7 Payment of modified penalty 7.8 Withdrawal of infringement notice 7.9 Service Schedule 1 - Application for a licence for an approved kennel establishment Schedule 2 - Conditions of a licence for an approved kennel establishment Schedule 3 - Offences in respect of which modified penalty applies

DOG ACT1976


Shire of Carnarvon

DOG LOCAL LAW 2014

Under the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Carnarvon resolved on <………………..> to make the following local law.

1.1 Citation

PART 1—PRELIMINARY

This local law may be cited as the Shire of Carnarvon Dog Local Law 2014.

1.2 Commencement

This local law comes into operation 14 days after its publication in the Government Gazette.

1.3 Definitions

In this local law unless the context otherwise requires—

Act means the Dog Act 1976;

authorised person means a person appointed by the local government under section 29(1) of the Act to perform all or any of the functions conferred on an authorised person under this local law;

CEO means the Chief Executive Officer of the local government;

children’s playground means an area set aside for use by children and noted by the presence of dedicated children’s playground equipment and the presence of either white sand or other form of soft fall surface;

dangerous dog means a dog which is the subject of a declaration under section 33E of the Act declaring it to be a dangerous dog;

district means the area of the State that has been declared to be the district of the local government under the Local Government Act 1995 and includes, for certain purposes provided for in this Act, other areas which although not being within the boundaries of the district are regarded for those purposes as being part of the district;

food premises means any premises or vehicle used by a “food business” as defined by section 10 of the Food Act 2008, but does not include an alfresco area;

food transport vehicle has the meaning given to it in the Food Act 2008; local government means the Shire of Carnarvon;

local planning scheme means a local planning scheme made by the local government under the Planning and Development Act 2005 which applies throughout the whole or a part of the district;

owner in relation to a dog, has the same meaning as in section 3(1) and (2) of the Act;

person liable for the control of the dog has the same meaning as in section 3(1) of the Act;

pound means any other facility, of any replacement facility, established as a pound by the Council under section 11(1) of the Act;

pound keeper means a person authorised by the local government to perform all or any of the functions conferred on a “pound keeper” under this local law;

premises has the same meaning as in section 3(1) of the Act;

public building means a building open to or used by the public for any purpose;

Regulations means the Dog Regulations 1976;

Schedule means a schedule in this local law; and

thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995.

1.4 Application

This local law applies throughout the district.

2.1 Fees and charges

PART 2—IMPOUNDING OF DOGS

The following fees and charges are to be imposed and determined by the local government under sections 6.16 to 6.19 of the Local Government Act 1995—

(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding of a dog;

(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or on a day other than those determined under clause 2.2; and the fees for the destruction and the disposal of a dog referred to in section 29(15) of the Act.

2.2 Attendance of pound keeper at pound

The pound keeper is to be in attendance at the pound for the release of dogs at the times and on the days of the week as are determined by the CEO.

2.3 Release of impounded dog

(1) A claim for the release of a dog seized and impounded is to be made to the pound keeper, or in the absence of the pound keeper, to the CEO.

(2) The pound keeper is not to release a dog seized and impounded to any person unless that person has produced, to the satisfaction of the pound keeper, satisfactory evidence—

(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or

(b) that he or she is the person identified as the owner on a microchip implanted in the dog.

2.4 Offences relating to pounds

A person who—

(a) unless he or she is the pound keeper or a person authorised to do so, releases or attempts to release a dog from a pound; or

(b) destroys, breaks into, damages or in any way interferes with or renders not dog-proof— (i) any pound; or

(ii) any vehicle or container used for the purpose of catching, holding or conveying a seized dog,

commits an offence.

PART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS

3.1 Dogs to be confined

(1) An occupier of premises on which a dog is kept must—

(a) cause that portion of the premises on which the dog is kept to be fenced in a manner capable of confining the dog;

(b) ensure that every gate or door in the fence is kept closed at all times when the dog is on the premises and is fitted with a proper latch or other means of fastening it;

(c) maintain the fence and all gates and doors in the fence in good order and condition; and

(d) where no part of the premises consists of open space, yard or garden or there is no open space, garden or yard of which the occupier has exclusive use or occupation, ensure that other means exist on the premises (other than the tethering of the dog) for effectively confining the dog within the premises.

(2) An occupier who fails to comply with subclause (1) commits an offence.

3.2 Limitation on the number of dogs

(1) This clause does not apply to premises in respect of which an exemption under 26(3) of the Act applies.

(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 3 dogs over the age of 3 months and the young of those dogs under that age.

PART 4—APPROVED KENNEL ESTABLISHMENTS 4.1 Interpretation

In this Part and in Schedule 2—

licence means a licence to keep an approved kennel establishment on premises;

licensee means the holder of a licence;

premises in addition to the meaning given to it in section 3 of the Act, means the premises described in the application for a licence; and

transferee means a person who applies for the transfer of a licence to her or him under clause 4.14.

4.2 Application for licence for approved kennel establishment

An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with—

(a) plans and specifications of the kennel establishment, including a site plan;

(b) copies of the notices to be given under clause 4.3;

(c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare;

(d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and

(e) the fee for the application for a licence referred to in clause 4.10(1).

4.3 Notice of proposed use

(1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged—

(a) once in a newspaper circulating in the district; and

(b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that—

(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given; and

(b) the application and plans and specifications may be inspected at the offices of the local government.

(3) Where—

(a) the notices given under subclause (1) do not clearly identify the premises; or

(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises,

then the local government may refuse to determine the application for a licence until the notices or notice, as the case may be, is given in accordance with its directions.

4.4 Exemption from notice requirements

Where an application for a licence is made in respect of premises on which an approved kennel establishment is either a—

(a) permitted use; or

(b) use which the local government may approve subject to compliance with specified notice requirements,

under a local planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in respect of the application for a licence.

4.5 When application can be determined

An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2;

(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in accordance with that clause; and

(c) the local government has considered any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of the premises.

4.6 Determination of application

In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.7; (b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed use of

the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for

a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the

neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and

occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate

any adverse effects of the approved kennel establishment identified in the preceding paragraphs.

4.7 Where application cannot be approved

The local government cannot approve an application for a licence where—

(a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or

(b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare.

4.8 Conditions of approval

(1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate.

(2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.

4.9 Fees

(1) On lodging an application for a licence, the applicant is to pay a fee to the local government. (2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.

(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the local government.

(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local government under sections 6.16—6.19 of the Local Government Act 1995.

4.10 Form of licence

The licence is to be in the form determined by the local government and is to be issued to the licensee.

4.11 Period of licence

(1) The period of effect of a licence is set out in section 27(5) of the Act.

(2) A licence is to be renewed if the fee referred to in clause 4.10(2) is paid to the local government prior to the expiry of the licence.

(3) On the renewal of a licence the conditions of the licence at the time of its renewal continue to have effect.

4.12 Variation or cancellation of licence

(1) The local government may vary the conditions of a licence. (2) The local government may cancel a licence—

(a) on the request of the licensee;

(b) following a breach of the Act, the Regulations or this local law; or

(c) if the licensee is not a fit and proper person.

(3) The date a licence is cancelled is to be, in the case of—

(a) paragraph (a) of subclause (2), the date requested by the licensee; or

(b) paragraphs (b) and (c) of subclause (2), the date determined under section 27(6) of the Act.

(4) If a licence is cancelled the fee paid for that licence is not refundable for the term of the licence that has not yet expired.

4.13 Transfer

(1) An application for the transfer of a valid licence from the licensee to another person must be—

(a) made in the form determined by the local government; (b) made by the transferee; (c) made with the written consent of the licensee; and

(d) lodged with the local government together with— (i) written evidence that a person will reside at or within reasonably close proximity to the premises

the subject of the licence; and (ii) the fee for the application for the transfer of a licence referred to in clause

4.10(3).

(2) The local government is not to determine an application for the transfer of a valid licence until the transferee has complied with subclause (1).

(3) The local government may approve, whether or not subject to such conditions as it considers appropriate, or refuse to approve an application for the transfer of a valid licence.

(4) Where the local government approves an application for the transfer of a valid licence, then on the date of approval, unless otherwise specified in the notice issued under clause 4.15(b), the transferee becomes the licensee of the licence for the purposes of this local law.

4.14 Notification

The local government is to give written notice to—

(a) an applicant for a licence of the local government’s decision on her or his application;

(b) a transferee of the local government’s decision on her or his application for the transfer of a valid licence;

(c) a licensee of any variation made under clause 4.13(1);

(d) a licensee when her or his licence is due for renewal and the manner in which it may be renewed;

(e) a licensee when her or his licence is renewed;

(f) a licensee of the cancellation of a licence under clause 4.13(2)(a); and

(g) a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.13(2), which notice is to be given in accordance with section 27(6) of the Act.

4.15 Inspection of kennel

With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

PART 5—DOGS IN PUBLIC PLACES

5.1 Places where dogs are prohibited absolutely (1) Designation of places where dogs are prohibited absolutely is dealt with in the Act. (2) If a dog enters or is in a place specified in subclause (1), every person liable for the control of the dog at that time commits an offence. (3) Subclause (2) does not apply to a dog who is being used as an assistance animal as defined in the Disability Discrimination Act 1992 (Cth).

5.2 Places which are dog exercise areas

Designation of places which are dog exercise areas is dealt with in the Act.

6.1 Offence to excrete (1) A dog must not excrete on—

PART 6—MISCELLANEOUS

(a) any thoroughfare or other public place; or

(b) any land which is not a public place without the consent of the occupier.

(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the control of the dog at that time commits an offence.

(3) A person liable for the control of a dog does not commit an offence against subclause (2) if any excreta is removed immediately by that person.

7.1 Interpretation

In this Part—

PART 7—ENFORCEMENT

7.2 Offences

A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

7.3 General penalty

A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $100 for each day or part of the day during which the offence has continued.

7.4 Modified penalties

(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be imposed.

(2) The amount appearing in the third column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if—

(a) the offence does not involve a dangerous dog; or

(b) the offence involves a dangerous dog, but an amount does not appear in the fourth column directly opposite that offence.

(3) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the modified penalty payable in respect of that offence if the offence involves a dangerous dog.

7.5 Issue of infringement notice

Where an authorised person has reason to believe that a person has committed an offence in respect of which a modified penalty may be imposed, he or she may issue to that person a notice in the form of Form 7 of the First Schedule of the Regulations.

7.6 Failure to pay modified penalty

Where a person who has received an infringement notice fails to pay the modified penalty within the time specified in the notice, or within such further time as may in any particular case be allowed by the CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified penalty.

7.7 Payment of modified penalty

A person who has received an infringement notice may, within the time specified in that notice or within such further time as may in any particular case be allowed by the CEO, send or deliver to the local government the amount of the penalty, with or without a reply as to the circumstances giving rise to the offence, and the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgement.

7.8 Withdrawal of infringement notice

(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an infringement notice by sending a notice in the form of Form 8 of the First Schedule of the Regulations.

(2) A person authorised to issue an infringement notice under clause 7.5 cannot sign or send a notice of withdrawal.

7.9 Service

An infringement notice or a notice of withdrawal may be served on a person personally, or by leaving it at or posting it to her or his address as ascertained from him or her, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government.

————

Schedule 1

APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT

(clause 4.2) I/we (full name) ............................................................................................................................................. of (postal address) ......................................................................................................................................... (telephone number) ....................................................................................................................................... (facsimile number) ........................................................................................................................................ (E-mail address) ............................................................................................................................................ Apply for a licence for an approved kennel establishment at (address of premises) For (number and breed of dogs)

* (insert name of person) ............................................................ will be residing at the premises on and from (insert date) ...........................................

* (insert name of person) .................................................. will be residing (sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare) at

............................................................................... (insert address of residence)

on and from ................................... (insert

date). Attached are—

(a) a site plan of the premises showing the location of the kennels and yards and all other buildings and structures and fences;

(b) plans and specifications of the kennel establishment;

(c) copy of notice of proposed use to appear in newspaper; (d) copy of notice of proposed use to be given to adjoining premises; (e) written evidence that a person will reside—

(i) at the premises; or

(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; and

(f) if the person in item (e) is not the applicant, written evidence that the person is a person in charge of the dogs.

Signature of applicant

Date

* delete where inapplicable.

Note: a licence if issued will have effect for a period of 12 months—section 27.5 of the Dog Act 1976. OFFICE USE ONLY Application Fee paid on [insert date].

————

Schedule 2

CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT (clause 4.8(1))

An application for a licence for an approved kennel establishment may be approved subject to the following conditions— (a) each kennel, unless it is fully enclosed, must have a yard attached to it; (b) each kennel and each yard must be at a distance of not less than—

(i) 25m from the front boundary of the premises and 5m from any other boundary of the premises;

(ii) 10m from any dwelling; and (iii) 25m from any church, school room, hall, factory, dairy or premises where food is

manufactured, prepared, packed or stored for human consumption; (c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or netting or

other materials approved by the local government; (d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the breed of

dog (when it is fully grown), squared, times the number of dogs to be housed in the kennel and the length of the dog is to be determined by measuring from the base of the tail to the front of its shoulder;

(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice the floor area of the kennel or group of kennels to which it is attached;

(f) the upper surface of the kennel floor must be— (i) at least 100mm above the surface of the surrounding ground; (ii) smooth so as to facilitate cleaning; (iii) rigid; (iv) durable; (v) slip resistant; (vi) resistant to corrosion; (vii) non-toxic; (viii) impervious; (ix) free from cracks, crevices and other defects; and

(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in turn must lead to a suitably sized diameter sewerage pipe which must be properly laid, ventilated and trapped in accordance with the health requirements of the local government;

(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to approved apparatus for the treatment of sewage in accordance with the health requirements of the local government;

(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the junction of the floor and external and internal walls, or internal walls must be so constructed as to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;

(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of any kennel;

(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of— (i) 2m; or (ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured from the

floor to the uppermost tip of its shoulders while in a stationary upright position; (k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted

internally and externally with good quality new zincalume or new pre-finished colour coated steel sheeting or new fibrous cement sheeting or other durable material approved by the local government;

(l) all external surfaces of each kennel must be kept in good condition; (m) the roof of each kennel must be constructed of impervious material; (n) all kennels and yards and drinking vessels must be maintained in a clean condition and must be

cleaned and disinfected when so ordered by an authorised person; (o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for the

treatment of sewage; (p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled; (q) suitable water must be available at the kennel via a properly supported standpipe and tap; and (r) the licensee or the person nominated in the application for a licence, must, in accordance with the

application for the licence, continue to reside— (i) at the premises; or

(ii) in the opinion of the local government, sufficiently close to the premises so as to control the dogs, and to ensure their health and welfare.

————

Schedule 3 OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES

(Clause 7.4)

Offence Nature of Offence Modified Penalty Dangerous Dog Modified Penalty

2.4(a) Attempting to or causing the unauthorised release of a dog from a pound

$200 $400

2.4(b) Interfering with any pound or vehicle used for the purpose of catching, holding or conveying dogs

$200 $400

3.1 Failing to provide means for effectively confining a dog

$100 $100

4.9 Failing to comply with the conditions of a kennel licence

$100 $200

5.1(2) Dog in place from which prohibited absolutely

$100

$200

6.1(2) Dog excreting in prohibited place $50 $50

————

Dated <……………………>. The Common Seal of the Shire of Carnarvon was affixed under the authority of a resolution of Council in the presence of:

K. Brandenburg I. D’Arcy Shire President Chief Executive Officer

———————————

Model Subdivision Conditions ScheduleOctober 2012

Contents1. Introduction 1

2. Model Subdivision Conditions and Advice 9

Part 1 – Administrative conditions 9 Administrative advice 9

Part 2 – Amenity conditions 10 Amenity advice 11

Part 3 – Buildings and use conditions 12 Buildings and use advice 14

Part 4 – Drainage and site works conditions 15 Drainage and site works advice 17

Part 5 – Electricity and gas pipeline conditions 18 Electricity and gas pipeline advice 19

Part 6 – Environmental conditions 20 Environmental advice 22

Part 7 – Fire and emergency conditions 23 Fire and emergency infrastructure advice 25

Part 8 – Heritage (indigenous, state, local, etc) advice 26

Part 9 – Lot design conditions 26

Part 10 – Reserves conditions 27 Reserves advice 28

Part 11 – School sites conditions 29

Part 12 – Transport roads and access conditions 30 Transport roads and access advice 34

Part 13 – Water and sewer conditions 36 Water and sewer advice 37

© State of Western AustraliaPublished by theWestern Australian Planning CommissionGordon Stephenson House140 William StreetPerth WA 6000

Locked Bag 2506Perth WA 6001

Published October 2012

website: www.planning.wa.gov.auemail: [email protected]

tel: 08 655 19000fax: 08 655 19001National Relay Service: 13 36 77infoline: 1800 626 477

This document is available in alternative formats on application to Communication Services.

Disclaimer

This document has been published by the Western Australian Planning Commission. Any representation, statement, opinion or advice expressed or implied in this publication is made in good faith and on the basis that the government, its employees and agents are not liable for any damage or loss whatsoever which may occur as a result of action taken or not taken, as the case may be, in respect of any representation, statement, opinion or advice referred to herein. Professional advice should be obtained before applying the information contained in this document to particular circumstances.

Model Subdivision Conditions Schedule | October 2012 1

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1. Introduction

About Model Subdivision Conditions and advice notes

The Western Australian Planning Commission (WAPC) determines all freehold, vacant and survey strata subdivisions in Western Australia with the exception of built strata subdivisions which are generally determined by Local Government.

Model subdivision conditions and associated advice notes are an essential tool used by the WAPC to ensure compliance with its statutory and policy responsibilities. Model conditions reduce the assessing time of subdivision applications by providing a standardised set of tested and agreed conditions, as well as providing advice for the Department of Planning (the Department) in its role supporting the WAPC. Model subdivision conditions should also be used by referral agencies as the basis for referral advice. Advice notes provide supplementary information to inform conditions.

The application of Model Subdivision Conditions

The sensitive use of planning conditions can improve the quality of a proposal, enabling an application to be approved that otherwise may need to be refused. In order to ensure public confidence in the planning system, it is important that conditions are only imposed where they have a valid planning purpose and relate fairly and reasonably to the proposal.

Model conditions do not replace thorough and careful assessment of applications and should not be used as a matter of routine. The need for each condition should be carefully considered giving regard to the merits of the case by both the referral agency in recommending the conditions and the WAPC in imposing these conditions.

In general, the WAPC will not support the use of a non-standard condition when the circumstance is adequately covered by a model condition included in this document. There may however be site conditions or specific circumstances that warrant the use of a

non-standard condition. In such cases, the referral agency must provide the WAPC with adequate justification to support the requested condition. This must take into account the context of the application proposed, the WAPC planning framework and the validity tests applied by the State Administrative Tribunal (see below). Advice notes can be used to provide supplementary information to inform conditions, but have no legal status and should be used sparingly. As a general principle, it is not the role of subdivision conditions or advice notes to advise of requirements under other legislation, or requirements applying at the (later) development approval stage. Conditions should be used sparingly, having regard to the regulatory burden imposed by excessive numbers of conditions.

The subdivision approval process

Application to the WAPC for subdivision approval is initiated by a landowner and/or applicant. Application forms, any explanatory documents and plan(s) are lodged with the WAPC and assessed on its behalf by the Department. If the WAPC is of the opinion that the subdivision may affect the functions of a local government, utility provider or public agency, it may (under Section 142 of the Planning and Development Act 2005) refer the application for objections and recommendations. In reality, almost all subdivision applications are referred. The Act provides referral agencies with 42 days to respond, unless otherwise agreed, and if referral advice is not received in this timeframe there is deemed to be no objection and no requested conditions. The WAPC may consider some referral agencies’ advice to be critical to the assessment of an application, and on that basis can provide referral agencies with additional time to provide a recommendation.

The Department assesses the application, recommending to the WAPC that the application be refused or approved with or without conditions (using the Model Subdivisions Schedule as a basis for the condition setting). In accordance with Section 145 of the Planning and Development Act 2005 an approval may be granted for a ‘prescribed period’, which is defined as four years for applications involving more than five lots (excluding common property) and three years in any other case. The subdivision can be constructed in accordance with

Model Subdivision Conditions Schedule | October 20122

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the approval conditions. The landowner and/or applicant is responsible for obtaining the ‘clearance’ from the agency prescribed with the responsibility for ‘clearing’ the relevant condition. Additionally, they are responsible for advising the WAPC that the requirements of the condition have been fulfilled so that the WAPC are able to endorse the diagram or plan of survey of subdivision. Subdivision conditions are to be drafted to include a clearance agency and when no clearance agency is nominated the WAPC is the nominated clearing agency. As all subdivision conditions are to the satisfaction of the WAPC, the WAPC will arbitrate if there is a dispute as to the clearance requirements.

The 2009-2012 review

The 2005 version of the Model Subdivision Conditions was reviewed over the period from 2009 to 2012. The review was recommended as part of the planning reform agenda outlined in Planning Makes it Happen— a Blueprint for Planning Reform, released in 2009, and endorsed by the Minister for Planning. The objectives of the review were to audit the effectiveness, validity and application of the then current model subdivision conditions and advice notes. In addition, the review was to formulate a revised schedule that:

• reduced the number of conditions;

• standardised and simplified conditions to core issues;

• ensured that the conditions imposed are specific so proponents and referral agencies are clear as to compliance requirements; and

• ensured that the conditions imposed are consistent with the validity rules set by the State Administrative Tribunal.

A review was undertaken of the frequency of use of conditions and advice notes, and in February 2010 a consultation paper and a draft set of revised conditions were released. A limited number of new conditions were proposed to deal with new policy measures and issues that had arisen since the last (2005) review. In addition, a number of conditions were modified to provide greater clarity and to reflect updated requirements based on policy and practice as well as changes to clearance agencies. A number of conditions and advice notes were also deleted.

Submissions were invited on the draft conditions and topic specific workshops conducted. As a result, a number of referral agencies requested the inclusion of additional conditions.

The approach taken with the review was to reduce conditions as much as possible to those pertaining to core planning matters that have a clear basis in planning policy and that warrant conditions that are used frequently. A large number of advice notes have been removed, with the WAPC determining that advice notes referring to non-planning legislation should be used sparingly, if at all. New conditions requested by clearance agencies have generally not been incorporated unless they are commonly used or reflect a planning policy basis.

The 2012 Model Subdivision Conditions Schedule

This document lists model subdivision conditions and advice notes categorised into 13 parts. The previous ‘Encumbrances and Notification’ conditions have been included in the subject specific part to which the encumbrance/notification relates; ‘Local Government’ conditions have been relocated to the subject specific part, and remaining ‘Agriculture’ conditions included in ‘Environment’. The ‘Marine’ section has been deleted as these conditions are not commonly imposed. The structure is as follows:

AD – Administrative AM – Amenity B – Buildings And Use D – Drainage And Site Works E – Electricity And Gas Pipelines EN – Environment F – Fire And Emergency H – Heritage (Indigenous, State, Local, Etc) L – Lot Design S – School Sites R – Reserves T – Transport, Roads And Access W – Water And Sewer


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Amendments to this Schedule

The Model Conditions Schedule is a living document that requires constant monitoring and amendment to ensure relevance. Planning standards and requirements are not static. As statutory and policy requirements change, the Model Conditions Schedule needs to be updated to reflect those changes.

When drafting a new model condition, the proposed model condition must be discussed with the Department’s Perth and Peel Planning Division which has custodianship of the Model Conditions Schedule. If agreed, it is then considered by the Statutory Planning Committee of the WAPC. This usually occurs in conjunction with consideration of the specific application that realised the need for such a condition, or in relation to a new or to-be-amended planning instrument, such as a planning policy, that would necessitate an amendment to the Model Conditions Schedule.


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Validity of conditions

The State Administrative Tribunal (SAT), and other appeal bodies in Australia have adopted the approach taken in Newbury DC v Secretary of State for the Environment (1981) AC578 when considering the validity of specific conditions. That decision held that, in order to be valid, a condition must:

• be imposed for a planning purpose;

• fairly and reasonably relate to the development for which permission is given; and

• be reasonable, that is, be a condition which a reasonable planning authority, properly advised, might impose.

The principles considered by the High Court have been adopted and generally applied in relation to development and subdivision approval in Western Australia: see in particular Renstone Nominees Pty Ltd v the Metropolitan Region Planning Authority (TPAT 32/84 and 57/84).

This section discusses the tests of conditions and makes reference to both subdivision and development conditions, to provide a comprehensive overview.

Planning purpose

The first requirement is that a condition must have a planning purpose. The then Town Planning Appeals Tribunal (TPAT) in Ross M Love v Western Australian Planning Commission (No. 68/98) observed that this has two aspects. The first is whether the condition bears a relationship to planning theory and policy. In this case TPAT concluded that the ceding of land for open space within a subdivision is ipso facto1 a planning purpose because, among other things, it is WAPC policy and was contemplated under the Town Planning and Development Act 1928.

The second aspect is to determine whether the condition, in the particular circumstances of the case, fulfils the proper planning purpose. A condition that is an aspect of usual planning practice may not fulfil

a planning purpose in the circumstances of the case if the ceding of open space is unnecessary for the orderly and proper planning of the locality of which the subdivision is a part.

In considering whether a particular condition is necessary, the question should be asked as to whether approval would have to be refused if that condition were not to be imposed. If it would not, then the condition would need special and precise justification. The argument that a condition will do no harm is no justification for its imposition. As a matter of policy a condition ought not to be imposed unless it is necessary to fulfil a planning purpose in the circumstances of the case.

A condition which duplicates controls under separate legislation would not normally be necessary and may not fulfil a planning purpose. Where other controls are available, however, a condition may be needed to address the land use impacts of the proposed development. For example, a condition would not normally be appropriate to control the level of emissions from a proposed development where these are subject to control under the Environmental Protection Act, but may be needed to address the impact of the emissions on land use (for example, separation distances) which are not controlled by the Environmental Protection Authority. A condition which conflicts with the jurisdiction of another agency is likely to be found to be unreasonable.

Relevance

The second test of validity is that the condition fairly and reasonably relates to the application. Unless a condition fairly and reasonably relates to the development to be approved it will be ultra vires.

It is not sufficient that a condition is related to planning objectives. It must also be justified by the nature of the development and the effect on its surroundings. For example, if subdivision approval is being granted subject to a condition requiring the upgrading of adjacent roads then it would be necessary to demonstrate that the upgrading arises out of the effects of the subdivision or development rather than being primarily directed to the public benefit. 1 ‘by the fact itself’ which means that a certain phenomenon is

a direct consequence, a resultant effect ,of the action in question, instead of being brought about by a subsequent action.


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In some instances, the nexus between the condition and the effect of the development is capable of being quantified – for example, the proportion of traffic which is generated by regional demands as opposed to the demands of a particular subdivision or development.

A condition does not fail because it is also incidentally of public benefit. This principle was recognised by TPAT in Perrymead Pty Ltd v WAPC (1996). However, as observed by the tribunal in Ross M Love v WAPC (68/98), if a condition is, because of the scale of the contribution imposed primarily directed to the public benefit, it may no longer be said to “fairly and reasonably relate” to the development.

This distinction was also foremost in the decision of the High Court in Lloyd v Robinson (1962) where the High Court stated:

“The assumption must be accepted that the statutory power to annex conditions to an approval of a subdivision does not extend to requiring the setting aside for public recreation of land which is so unrelated to the land to be subdivided, because of remoteness from it or some other circumstance, that there is no real connection with the provision of open space and the contemplated development of the area to be subdivided.”

The open space contribution was allowed in this landmark decision because it was justified to “satisfy the reasonable requirements in respect of the total area”.

There must, therefore, be some nexus between the condition and the effect of the subdivision or development and, if a nexus can be established, a condition is valid even if the imposition of the condition is also for the public benefit. Where a condition requiring works that are for the benefit of the subdivider and the general community the costs of the requirement may be shared, if nexus can be demonstrated (e.g. road upgradings).

Reasonableness

The third test of the validity of a condition is that it should be reasonable or not be found to be unreasonable.

The underlying concept of reasonableness derives from the Wednesbury 2 decision and is used to determine if a condition should not be imposed because it is so unreasonable that no reasonable body or persons could have made the decision.

The issue of reasonableness arose in the decision of the tribunal in Renstone Nominees. In that planning appeal, a condition of development approval required a foreshore reserve under the MRS to be ceded to the Crown free of cost. TPAT accepted as appropriate a policy by the former Metropolitan Region Planning Authority that land might be so ceded where the planning objective can be achieved without disadvantage to the developer on the basis that the value of the remaining land would not be adversely affected but may well be enhanced by reason of the ceding of the reserved land free of cost. The tribunal went on to observe that such a policy requires an assessment to be made of the advantages or disadvantages to the developer to determine whether the requirement to cede land free of cost is reasonable in the circumstances of the particular appeal. In Renstone Nominees, TPAT ultimately found that, on the evidence before it, the existence of a regional reservation had led to a substantial detriment or disadvantage to the appellant and, in the circumstances of that case, that detriment would be compounded by a requirement that the reserved land be ceded free of cost. While such a condition, if upheld, would confer a substantial benefit on the community, there is no corresponding, balancing or compensating advantage or benefit to the appellant. For those reasons, TPAT deleted the condition requiring the ceding of the reserved land free of cost.

In Swick Holdings Pty Ltd v the State Planning Commission (7/91) TPAT upheld conditions requiring 19 per cent of a residential subdivision site being ceded free of cost for public open space in addition to a foreshore reserve on the Helena River. In this case TPAT took into account the special topographical features of the site which limited subdivision of the

2 Associated Provincial Picture Houses Limited v Wednesbury Corporation (1947) 2 All ER 680.


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land, the existence of a regional reservation and two WANG easements across the site. TPAT found that the conditions were reasonable because they not only conferred a benefit on the community (because acquisition of a foreshore reserve would be achieved without payment) but the appellant also received a balancing or compensating advantage arising out of the residential subdivision of the land.

A condition may be unreasonable because it is unduly restrictive. A condition may in principle impose a continuing restriction on the use of land (providing there are good planning reasons for that restriction) but should not be imposed if the restriction effectively nullifies the benefit of the approval. For example, it may be reasonable to limit the hours during which an entertainment venue may be open so as not to affect the amenities of the locality. It would be unreasonable, however, to do so to such an extent as to make it impossible for the owner to run the business properly. If it appears that an approval could only be given subject to conditions that effectively remove the benefit of the approval, then the proposed development should be refused.

It is also unreasonable to impose a condition worded in a positive form which developers are unable to comply with themselves, or which they can only comply with following the consent or authorisation of a third party (e.g. a condition which requires a developer to close a road in order to provide alternative access to a site). Similarly, conditions which require the applicant to obtain an authorisation from another body (such as the Environmental Protection Authority) should not be imposed.

It may, however, be possible to achieve a similar result by a condition worded in a negative form, by prohibiting development until a specified action has been taken. For example, it might be reasonable to impose a condition requiring that a development should not commence until a particular road is closed if there were reasons to suppose that the local government would be willing and able to take the necessary action.

Subdivision approvals are a form of outline approvals where third party clearance of conditions is a standard convention. As such it is necessary to ensure (through the consultation process) that the condition can be cleared prior to granting preliminary approval.

An unreasonable condition does not become reasonable because an applicant suggests it or agrees to its terms. The condition will normally run with the land and may, therefore, still be operative long after the landowner/applicant has moved on. (This would ordinarily be the case for development conditions but not generally for subdivision conditions that in the main cease to have effect once they are fulfilled.) Conditions should always be justified on their planning merits.

Other practical considerations in imposing planning conditions

There are other practical considerations in considering the imposition of planning conditions.

The framing of conditions requires care to ensure that the condition is enforceable. A condition, for example, limiting the number of persons using a particular development at any one time would be impractical to monitor and pose severe difficulties in enforcement. To be enforceable, conditions should be capable of being monitored and there should be clear evidence of any breaches.

In order to be enforceable conditions must be precise. This means the condition must be complete and must be clear and free from any ambiguity leading to possible differences of interpretation. A condition, for example, requiring “the submission and approval of a landscaping scheme” would be incomplete as it does not clearly state when the scheme is to be submitted, who is to approve the scheme and when the scheme is to be completed.

Vague expressions — for example, “the proposed development is not to cause annoyance to nearby residents” — should be avoided because they give little idea of what is to be expected of the applicant. Conditions subject to qualifications that do not provide any specific criteria for the applicant should be also avoided — for example, “the proposed access to be closed if the growth of traffic makes it necessary”.


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Conditions reserving other matters

Sometimes, an application may contain insufficient details of an aspect of the development (such as car parking or landscaping) or there may be a need to modify that particular aspect. In this case, approval may be granted subject to a condition requiring that further details of the specified aspect of the development be submitted for approval before the development is commenced.

Time limits for endorsement of deposited plan

Section 145(2) of the Planning and Development Act 2005 provides that a person to whom approval of a plan of subdivision or survey-strata has been issued may request that the WAPC endorse a diagram or plan of survey of subdivision or appropriate form. Such a request must be lodged:

• within four years if the plan of subdivision or survey-strata proposes the creation of more than five lots (excluding any common property lots); or

• within three years in any other case.

No statutory timeframe is specified for strata plan approvals issued by the WAPC. However, it is the practice of the WAPC to issue its approval for a period of two years.

Conditions modifying a proposed subdivision, survey-strata or strata design

If a particular aspect of an application is unacceptable in planning terms, the best course may be for the applicant to modify the application prior to determination. This would require the submission of an amended plan (Form 2A). However, if the modification is substantial it may not be accepted as an amended plan and would require the submission of a new application. Generally, a condition of this kind should only be imposed following discussion with the landowner/applicant. Such a condition cannot be imposed if it would make the approved subdivision substantially different from that proposed in the application.

Ambulatory conditions

An ambulatory condition is a condition imposed by the WAPC in approving a subdivision which requires an applicant to undertake action to the satisfaction of a third party (clearing authority) with the clearing authority responsible for certifying compliance with those conditions. There is both some uncertainty as to the validity of such conditions as well as general acknowledgement of the importance of such conditions in ensuring effective operation of the subdivision process.

While referral agencies may recommend the imposition of conditions and may also be nominated to provide written confirmation that a condition has been fulfilled, responsibility ultimately rests with the WAPC.

This is reflected in determination notice preambles (see Determination Notice Schedule – Freehold, Survey-Strata & Strata available at www.planning.wa.gov.au). It has been the established practice that subdivision applications are referred to referral agencies and the WAPC is responsible (per s.145 of the Planning and Development Act 2005) for the imposition and satisfaction of any condition recommended by referral agencies. The WAPC utilises the professional advice from referral agencies as to whether applicants have complied with conditions.

In Hill v State Planning Commission TPAT considered the matter of ambulatory conditions. The relevant judgements are as follows.

1 The State Planning Commission has the power to impose such conditions as it sees fit consistent with the application of sound town planning principles. The limitation on this power is that the conditions must not be ultra vires, must “fairly and reasonably relate to the permitted development”, must be “reasonably capable of being regarded as relevant to the implementation of planning policy” and must not be so unreasonable that no reasonable planning authority could have imposed them. As the extension of the doctrine of proportionality to the process of judicial review has not been established in this state, proportionality will not be used by the Tribunal as a test for the validity of a planning condition.

http://www.planning.wa.gov.au


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2 The ground of finality differs from the ground of uncertainty. A condition will be void for lack of finality if the State Planning Commission or local authority has abdicated its duty to exercise its discretion as required by the Act.

3 A condition which purports to leave a matter to the satisfaction of another authority is not ipso facto invalid. However, a condition will be invalid if it requires a future determination by another authority pertaining to an essential element in the application, where that determination could alter the proposed development significantly.

4 As a general principle, landowners cannot reasonably be expected to comply with conditions with regards to subdivision approvals when the conditions are expressed to be subject to the satisfaction of a local government authority or other third party. Ambulatory conditions are the antithesis of valid contractual arrangements between an applicant for approval and the approving authority.

Clearance of Subdivision Conditions

The timing for the implementation of subdivision conditions, including some subdivisional works, may not be practicable prior to the issuing of a clearance of subdivision conditions. Accordingly, alternative clearance arrangements may be negotiated between the landowner/applicant and the clearance agency. Ultimately the WAPC makes the final decision in this regard, considering the advice of the clearance agency when a request to endorse a diagram or plan of survey of subdivision is made by a landowner/applicant in accordance with Section 145 of the Planning and Development Act 2005.

Review of the Model Subdivision Conditions

The Model Subdivision Conditions will be reviewed by the Department of Planning 12 months after the release, to ensure that the conditions continue to be robust and address current planning policy and practice.


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2. Model Subdivision Conditions and Advice

Part 1 – Administrative conditions

New code

Administrative condition Related code

Summary Situation Policy link

AD1 Prior to the Western Australian Planning Commission’s endorsement of a diagram or plan of survey (deposited plan) for the creation of the lots proposed by this application, the lot that is the subject of this application being created on a separate diagram or plan of survey (deposited plan) and the plan being endorsed by the Western Australian Planning Commission. (Western Australian Planning Commission)

- Creation of parent lot on diagram or plan of survey (deposited plan).

Imposed where application relates to a lot that has not yet been created, but is subject to Western Australian Planning Commission conditional approval.

DC 1.1 Subdivision of Land – General Principles

AD2 The portion of land shown on the plan dated [INSERT VALUE] (attached) being amalgamated with the adjacent lot pending joint subdivision with the adjoining owner. (Western Australian Planning Commission)

- Part lot(s) amalgamation. Imposed where application seeks approval for part lots.


AD3 The existing lots that are the subject of this application being amalgamated on the diagram or plan of survey (deposited plan). (Western Australian Planning Commission)

-

Amalgamation on diagram or plan of survey (deposited plan).

Imposed on survey strata applications that propose the amalgamation of existing freehold lots.


DC 1.3 Strata Subdivision

AD4 The strata plan containing certification that the boundaries of the lots or part of the lots which are buildings shown on the strata plan are the inner surfaces of the walls, the upper surfaces of the floor and the under surface of the ceiling. The certification is to be in the form provided by Section 3(2)(a) of the Strata Titles Act 1985 Regulation 5A(a) of the Strata Titles General Regulations 1996 or Section 3(2)(b) of the Strata Titles Act 1985 Regulation 37AA of the Strata Titles General Regulations 1996.

- Boundaries of multi-tiered strata developments.

Always use with approvals of strata plans for multi-tiered strata developments.



PB 57 Process for Seeking Approval Under Strata Titles Act 1985

AD5 Arrangements being made with the City/Shire [DELETE AS APPLICABLE] of [INSERT NAME] to the satisfaction of the Western Australian Planning Commission, for the landowner/applicant to contribute towards the costs of providing community and/or common infrastructure as established through amendment [INSERT NUMBER] (when gazetted) to the City/Shire [DELETE AS APPLICABLE] of [INSERT NAME] Local Planning Scheme No. [INSERT NUMBER]. (Local Government)

Aa1 Developer contributions – scheme amendment advertised.

Always use when the developer contribution provisions have been initiated as an amendment but are not yet included in the Local Planning Scheme.

SPP 3.6 Development Contributions for Infrastructure

AD6 The landowner/applicant contributing towards development infrastructure provisions pursuant to the City/Shire [DELETE AS APPLICABLE] of [INSERT NAME] Local Planning Scheme No. [INSERT NUMBER]. (Local Government)

- Developer contributions as per Scheme provisions.

Use when developer contribution provisions are included in the Local Planning Scheme.

SPP 3.6 Development Contributions for Infrastructure

Administrative advice

New Code

Administrative Advice Related Code Summary Situation Policy Link

ADa1 Condition [INSERT VALUE] is in acknowledgement of proposed Amendment No. [INSERT VALUE] that is viewed by the Western Australian Planning Commission to be a seriously entertained planning proposal, which will provide for developer contributions for community infrastructure.

A5 Always with A5


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Part 2 – Amenity conditions

New code

Residential design advice Related code


AM 1 To provide a spray drift buffer between the market garden and adjacent residential lots, the landowner/applicant is to install a specially designed 1.8 metre high fence and a protected and maintained vegetation buffer of one line of evergreen trees or bushes (a minimum height of 1.5 metres) in accordance with the plan dated [INSERT VALUE] (attached) to the satisfaction of the Western Australian Planning Commission. (Local Government)

AMa1

AMa2

Always with AMa1 and AMa2

In accordance with Planning Bulletin 63 Policy for Dealing with Potential Conflicts between Residential Subdivision and Market Gardens in East Wanneroo.

PB 63 Policy for Dealing with Potential Conflicts between Residential Subdivision and Market Gardens in East Wanneroo

AM 2 The landowner/applicant shall provide a written undertaking to the satisfaction of the Western Australian Planning Commission to ensure that prospective purchasers of lots proposed within 300 metres of an operating market garden are notified on contracts of sale of the existence of the market garden operations and the potential to be affected by odours, noise, dust and spray drift that this land use may cause. (Local Government)

AM3

AMa2

Prospective purchasers advised of existing market garden.

Always with AMa2

In accordance with Planning Bulletin 63 Policy for Dealing with Potential Conflicts between Residential Subdivision and Market Gardens in East Wanneroo. If the market garden is zoned urban and likely to be urbanised in the short term, only AM2 is necessary, not AM3.


AM 3 A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is located within 300 metres of operating market garden/s and has the potential to be affected by odours, noise, spray drift and dust that are associated with the continued operation of a market garden”. (Western Australian Planning Commission)

AM2

AMa2

Notification 165 PDA – market garden.

Always with AMa2


PB 3 Record of Information on Titles


AM 4 The landowner/applicant installing suitable rural fencing of good standard in accordance with the plan dated [INSERT VALUE] (attached) to the satisfaction of the Western Australian Planning Commission. (Local Government)

- Rural style fencing – urban/market gardens.



AM 5 A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is in close proximity to known mosquito breeding areas. The predominant mosquito species is known to carry viruses and other diseases.” (Western Australian Planning Commission)

- Notification 165 PDA – mosquito.

On relevant agency advice. Planning and Development Act 2005 s.165



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New code




“This lot is in close proximity to the [INSERT VALUE] waste water treatment plant and may be adversely affected by virtue of odour emissions from that facility.” (Western Australian Planning Commission)

- Notification 165 PDA – odour emissions.

Always if land is proximate to a waste water treatment plant and odour may be an amenity concern.

Planning and Development Act 2005 s.165



“This lot is in close proximity to an existing poultry farm(s) and may be adversely affected by virtue of odour, noise, dust and/or light emissions from that land use.” (Western Australian Planning Commission)

- Notification 165 PDA – poultry farm.

Always if land is proximate to a poultry farm in accordance with State Planning Policy No. 4.3 Poultry Farms.


SPP 4.3 Poultry Farms


AM 8 A notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of the proposed lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“This lot is situated in the vicinity of [INSERT AIRPORT], and is currently affected, or may in the future, be affected by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in numbers of aircraft using the airport, changes in aircraft type or other operational changes. Further information about aircraft noise, including development restrictions and noise insulation requirements for noise-affected properties, are available on request from the relevant local government offices.” (Western Australian Planning Commission)

- Notification 165 PDA – airport aircraft noise.

Always if land is proximate to Perth International and Domestic Airports in accordance with State Planning Policy No. 5.1 Land Use Planning in the Vicinity of Perth Airport, Jandakot Airport in accordance with State Planning Policy No. 5.3 Jandakot Airport Vicinity or any other airport where noise exposure levels are identified as an issue.

SPP 5.1 Land Use Planning in the Vicinity of Perth Airport

SPP 5.3 Jandakot Airport Vicinity

Amenity advice

New code



AMa1 In regard to Condition [INSERT VALUE] the planting and design of the special fencing should be in accordance with the Western Australian Planning Commission’s Planning Bulletin 63 Policy for Dealing with Potential Conflicts Between Residential Subdivision and Market Gardens in East Wanneroo.

AM1 Market Garden Spray Drift. In accordance with Planning Bulletin 63 Policy for Dealing with Potential Conflicts between Residential Subdivision and Market Gardens in East Wanneroo.


AMa2 In relation to Condition/s [INSERT VALUE], the landowner/applicant is advised that if evidence is provided that the market garden/s have ceased operating after conditional approval is granted then Condition/s [INSERT VALUE] will no longer need to be satisfied.

AM1

AM2

AM3

Market Garden conditions no longer relevant.

Impose to reflect the transitional nature of land uses within the East Wanneroo area.



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Part 3 – Buildings and use conditions

New code

Buildings and use condition Related code


B1 All buildings and effluent disposal systems having the necessary clearance from the new boundaries as required under the relevant legislation including the Local Planning Scheme and Building Regulations of Australia. (Local Government)

Ba1 Boundary and effluent disposal clearance.

On local government advice, where changes have the potential to impact on setbacks of existing dwellings, and there may be existing effluent disposal systems on site.

SPP 3.1 Residential Design Codes

B2 Uniform fencing being constructed along the boundaries of all of the proposed lots abutting [INSERT VALUE]. (Local Government)

- Uniform fencing. On local government advice, when lots abut primary regional roads, rail reserves and public open space.

SPP 3.1 Residential Design Codes, Parts 5 and 6

DC 2.2 Residential Subdivision

B3 Written confirmation from the local government that all necessary local government approval(s) have been issued and that the whole of the building has been completed in accordance with those approvals. (Local Government)

- Built strata construction.

All strata applications where buildings are to be retained or to be/are under construction.

DC 1.3 Strata Titles

B4 All dwelling(s) being constructed to plate height prior to the submission of the diagram or plan of survey (deposited plan). (Local Government)

- Plate Height. If subdivision is dependent on built form residential, for example, if lot size concessions are granted for specific dwelling types.


B5 Other than buildings, outbuildings and/or structures shown on the approved plan for retention, all buildings, outbuildings and/or structures present on lot(s) [INSERT VALUE] at the time of subdivision approval being demolished and materials removed from the lot(s). (Local Government)

Ba2 Demolition/removal of buildings/structures.

If subdivision is dependent on demolition and/or where applicant indicates on Form 1A buildings to be demolished.

SPP 3.1 Residential Design Code, Part 3


B6 A management statement being prepared and submitted for the Western Australian Planning Commission’s consideration and written confirmation in accordance with Section 5C of the Strata Titles Act 1985 (as amended), to include the following additions to the by-laws contained in Schedules 1, 2 and 2A of that Act:

(a) Development or redevelopment on the [strata][survey strata] [DELETE AS APPLICABLE] lots is to comply with a development approval issued by the local government.

(b) Amendment to or repeal of the above provision cannot be effected without the Western Australian Planning Commission’s agreement. (Local Government)

- Strata management statement.

On local government advice and in accordance with Development Control Policy 1.3 Strata Titles.


B7 The existing dwelling being retained is to comply with the requirements of the Residential Design Codes. (Local Government)

- Upgrade to R-Code compliance.

Only where dwelling is being retained and further works are required to comply with the Residential Design Codes.


B8 Prior to commencement of subdivisional works, a detailed plan identifying building envelope(s) on all lots on the approved plan of subdivision is to be prepared in consultation with the local government to ensure the appropriate siting of development, to the satisfaction of the Western Australian Planning Commission. (Local Government)

Ba2 Building envelope. Only when there is a Scheme or other statutory provision which requires the preparation of a Building Envelope Plan in a rural circumstance.


DC 2.5 Special Residential Zones

B9 The landowner/applicant shall provide a written undertaking to the satisfaction of the Western Australian Planning Commission to advise prospective purchasers of the provisions of the local government’s local planning scheme that relate to the use and management of the land. (Local Government)

- Mostly applied to rural residential or similar zones where special land use provisions/controls exist.

Only impose when there are area specific land use controls and provisions that would not normally be anticipated by a purchaser.


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New code

Buildings and use condition Related code


B10 A restrictive covenant, to the benefit of the local government, pursuant to section 129BA of the Transfer of Land Act 1893 (as amended) is to be placed on the certificates of title of the proposed lot(s) advising of the existence of a restriction on the use of the land. Notice of this restriction to be included on the diagram or plan of survey (deposited plan). The restrictive covenant is to state as follows:

“No new development shall occur within [INSERT VALUE] of the right-of-way abutting the [INSERT VALUE] boundary of the lots to accommodate widening of the right-of-way should it be required in the future.” (Local Government)

- Restrictive covenant – no development in ROW setback.

To be imposed to ensure that right of ways can be widened in the future to a width of 6 metres in accordance with Planning Bulletin 33.


PB 33 Rights-of-way or Laneways in Established Areas Guidelines

B11 Common walls being shown on the survey strata plan as prescribed “party wall easements”, pursuant to Regulation 14G of the Strata Titles General Regulations 1996 and Section 5D of the Strata Titles Act 1985. (Local Government)

Ba4 Party wall – easements.

Where party walls are shown on survey strata plan.

B12 Boundary(ies) of lots defined by “party walls”, are to be subject to a party wall rights easement(s) created pursuant to section 136C of the Transfer of Land Act 1893, which is to be shown on the diagram or plan of survey (deposited plan) as constructed. (Local Government)

Ba4 Party wall – easement (136C).

Where party walls are shown on freehold subdivision plan. Only used where abutting freehold lots share an existing or proposed common wall that forms part of the built structure of buildings on both sides.

B13 A restriction(s) in accordance with Section 6 of the Strata Titles Act 1985 is to be placed on the certificate(s) of title of the proposed lot(s) confirming that [INSERT VALUE]. The restriction(s) are to be included on the deposited plan. The restriction(s) are to state as follows:

‘[INSERT APPROPRIATE WORDING FROM SITUATION COLUMN]’ (Local Government)

- S6 Restriction Strata Titles.

On local government advice. Advise of existence of a restriction on land use, for example use of lots restricted aged and dependant development, tourism developments.

“No person shall occupy any [INSERT VALUE] for more than a total of [INSERT VALUE] months in any 12 month period.”

“No person shall occupy [INSERT VALUE] that is not disabled, physically dependent or aged over 55, or is the surviving spouse of such a person.”


PB 83 Planning for Tourism

B14 A restrictive covenant, to the benefit of [INSERT VALUE] pursuant to Section 129BA of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a restriction on the use of the land. Notice of this restriction is to be included on the diagram or plan of survey (deposited plan). The restrictive covenant is to state as follows:

‘[INSERT APPROPRIATE WORDING FROM SITUATION COLUMN]’ (Local Government)

- Restrictive covenant 129BA – generic.

129BA TLA can be used for any restrictive covenant that is to benefit a local government or public body. Mostly used to specify accommodation for aged and dependant persons and single bedroom dwellings.

“This lot is not to be developed for any purposes other than for a single bedroom dwelling.”

“This lot is not to be developed for any purposes other than for residential use by aged and dependant persons.”


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Buildings and use advice

New code

Buildings and use advice Related code


Ba1 In regard to Condition [INSERT VALUE], the Western Australian Planning Commission will accept building clearance requirements as specified in the relevant local planning scheme operative at the time the subdivision approval was granted by the Western Australian Planning Commission.

B1 Boundary clearance. Always with B1.

Ba2 In regard to Condition [INSERT VALUE], planning approval and/or a demolition licence may be required to be obtained from the local government prior to the commencement of demolition works.

B5 Planning/building approval required for partial demolition.

Always with B5.

Ba3 This approval does not represent approval for any existing encroachments over the road reservation, private road or right-of-way. You are advised to contact the State Land Services Branch of the Department of Regional Development and Lands regarding this matter.

- Subdivision/strata approval not approval for encroachments.

Where it is apparent that development encroaches on road reservation, private road, right of way outside of lot. If the application area encroaches onto crown land, the signature of State Land Services should be obtained.

Ba4 With regard to Condition [INSERT VALUE], the landowner/applicant is advised to consult with the local government to determine the requirements for the registration of “party walls” (mutual easements of supports) on the certificate(s) of title and provisions of the Local Government (Miscellaneous Provisions) Act 1960 to which the “party walls” may be subject to.

B11, B12 Party wall – easements; advice.

Always with B11 or B12. Not to be used with strata approvals (common boundary walls on strata plans should be depicted as common property).


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Part 4 – Drainage and site works conditions

New code

Drainage and site works condition Related code Summary Situation Policy link

D1 Engineering drawings and specifications are to be submitted, approved, and works undertaken in accordance with the approved engineering drawings, specifications and approved plan of subdivision, for grading and/or stabilisation of the site to ensure that:

a) lots can accommodate their intended use; and

b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting. (Local Government)

D3 , D4 Grade and stabilise land, lots accommodate intended development, match finished levels.

Always with D3 or D4

If earthworks are proposed/necessary.

For large freehold and problematic sites where drainage issues have been identified use with D3 – fill and drainage condition consistent with Urban Water Management Plan.

Alternative condition for small scale subdivision, small infill, and sites with out drainage issues, sites at D4.

Engineering drawings required by Planning and Development Act 2005 s.170


D2 Prior to the commencement of subdivisional works, an urban water management plan is to be prepared and approved, in consultation with the Department of Water, consistent with any approved [INSERT VALUE] Local Water Management Strategy/Drainage and Water Management Plan [DELETE AS APPLICABLE]. (Local Government)

D1, D3

Da1

Preparation of an UWMP prior to subdivisional works.

In accordance with PB 92 and Better Urban Water Management. Condition to be applied in areas where water issues are of concern, such as high nutrient catchments, high groundwater table and/or the presence of environmentally significant wetlands and/or waterways and for all medium to large subdivisions where management plan not previously approved. Generally on the advice of the Department of Water.

Local Government may separately approve bulk earthworks that will not compromise UWMPs. Local Government may consult with Department of Water in approving UWMPs.

SPP 3.4 Natural Hazards and Disasters

Better Urban Water Management Manual

Liveable Neighbourhoods Element 5

PB 92 Urban Water Management

Better Urban Water Management Guidelines

D3 Engineering drawings and specifications are to be submitted and approved, and works undertaken in accordance with the approved engineering drawings and specifications and approved plan of subdivision, for the filling and/or draining of the land, including ensuring that stormwater is contained on-site, or appropriately treated and connected to the local drainage system. Engineering drawings and specifications are to be in accordance with an approved Urban Water Management Plan (UWMP) for the site, or where no UWMP exists, to the satisfaction of the Western Australian Planning Commission. (Local Government)

D1, D8, D2 Fill and drain land potentially in accordance with UWMP.

Always with D1 and D8. D2 may be reqired.

If earthworks are proposed/necessary. May need to be in accordance with UWMP for greenfields development. For large scale subdivisions and sites which have significant water management issues in accordance with Planning Bulletin No.92 Urban Water Management.

For large scale subdivisions of sites with drainage issues only. For small scale subdivision and sites with no drainage issues, use D4.

It is not intended to apply in brownfield or infill circumstances or to small scale subdivision (5 lots or less) unless the subject land has significant water management issues present. With the advice of Local Government and/or Department of Water.







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New code


D4 The land being filled, stabilised, drained and/or graded as required to ensure that:

a) lots can accommodate their intended development; and

b) finished ground levels at the boundaries of the lot(s) the subject of this approval match or otherwise coordinate with the existing and/or proposed finished ground levels of the land abutting; and

c) stormwater is contained on-site, or appropriately treated and connected to the local drainage system. (Local Government)

D1, D2, D8 Fill, drain, stabilise, grade land- small, infill and non-problematic sites.

Large scale/sites with drainage issues.

Where an Urban Water Management Plan is not required in accordance with Section 1.2 of Planning Bulletin No.92 ‘Urban Water Management’.

Use D1 and D2. D8 may also be required to provide for easements and reserves.



Better Urban Water Management Guidelines.



D5 Prior to the commencement of subdivisional works, the landowner/applicant is to provide a pre-works geotechnical report certifying that the land is physically capable of development or advising how the land is to be remediated and compacted to ensure it is capable of development; and

In the event that remediation works are required, the landowner/applicant is to provide a post geotechnical report certifying that all subdivisional works have been carried out in accordance with the pre-works geotechnical report. (Local Government)

- Pre- and post-geotechnical report – physically capable.

Freehold, survey-strata and vacant lot strata approvals may require the imposition of this condition, but only on land that may have unknown or uncertain development capacity.




PB 10 Geotechnical Reports for Subdivision

D6 Suitable arrangements being made with the Water Corporation for the drainage of the land either directly or indirectly into a drain under the control of that body. (Water Corporation).

Wa1 Water Corp. drainage – district.

Drainage connection to a Water Corporation district drain, if available.

SPP 2 Environment and Natural Resources



D7 Suitable arrangements being made for connection of the land to the comprehensive district drainage system at the landowner/applicant’s cost. (Local Government)

- Local Govt. drainage – district.

Drainage connection to a district drain under Local Government control, if available.

SPP 2 Environment and Natural Resources



D8 Drainage easements and reserves as may be required by the local government for drainage infrastructure being shown on the diagram or plan of survey (deposited plan) as such, granted free of cost, and vested in that local government under Sections 152 and 167 of the Planning and Development Act 2005. (Local Government)

D3, D4 Drain – easements under s.167 PDA.

If a drainage easement is required by local government.

Planning and Development Act 2005 s.152 and s.167



D9 A management plan detailing how risk of erosion and sedimentation impacts into nearby water bodies will be minimised during subdivision is to be:

a) prepared by the landowner/applicant and approved prior to the commencement of subdivisional works; and

b) implemented during subdivisional works. (Swan River Trust)

- Management plan to address erosion and sedimentation into water bodies under the control of the Swan River Trust.

On advice of Swan River Trust and only where likelihood of erosion and sedimentation impacts exists without appropriate management adjacent to the Swan and Canning Rivers.

SPP 2.9 Water resources

SPP 2.10 Swan and Canning River Systems



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New code


D10 Arrangements being made to the satisfaction of the Western Australian Planning Commission for the filling and/or capping of any bores and/or wells, or the identification of any bore and/or well to be retained on the land. (Local Government)

- Where bores on site require filling.

On advice of the local government. DC 1.1 Subdivision of Land – General Principles

Drainage and site works advice

New code

Drainage and site works advice Related code Summary Situation Policy link

Da1 Condition [INSERT VALUE] has been imposed in accordance with Better Urban Water Management Guidelines (WAPC 2008). Further guidance on the contents of urban water management plans is provided in ‘Urban Water Management Plans: Guidelines for preparing and complying with subdivision conditions’ (Department of Water 2008).

D2, D3 Urban water management plan advice.

Always with D2 and D3


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Part 5 – Electricity and gas pipeline conditions

New code

Electricity and gas pipeline condition Related code


E1 Arrangements being made to the satisfaction of the Western Australian Planning Commission and to the specification of Western Power [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE] for the provision of an underground electricity supply to the lot(s) shown on the approved plan of subdivision. (Western Power) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Ea1 Underground electricity provision for freehold lots.

Considered an essential service. Not appropriate for strata lots (refer E3) homestead lots, boundary realignments, amalgamations, broad acre rural subdivisions (for these refer E2).

Majority of freehold approvals require the imposition of this condition; E3 covers strata lots.


DC 2.2 – Residential Subdivision


E2 Arrangements being made to the satisfaction of the Western Australian Planning Commission and to the specification of Western Power [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE] for the provision of an electricity supply service to the lot(s) shown on the approved plan of subdivision. (Western Power) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Electricity provision for freehold lots.

Where underground electricity may not be appropriate.



E3 Arrangements being made to the satisfaction of the Western Australian Planning Commission and to the specification of Western Power [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE], for the provision of an electricity supply to the survey-/vacant [DELETE AS APPLICABLE] strata lots shown on the approved plan of subdivision, which may include the provision of necessary service access rights either as an easement under Section 136C and Schedule 9A of the Transfer of Land Act 1893 for the transmission of electricity by underground cable, or (in the case of approvals containing common property) via a portion of the common property suitable for consumer mains. (Western Power) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Ea1 Electricity provision for survey strata and/or vacant strata lots.

All survey-strata and vacant lot strata approvals require the imposition of this condition; unless acceptable provision details are demonstrated on application (in which case E1 is appropriate).





E4 A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

‘A network electricity supply is not available to the lot/s.’ (Local Government)

Notification- no network electricity supply.

Where no network electricity supply. PB3 Record of Information on Titles.

E5 The provision of easements pursuant to Section 167 of the Planning and Development Act 2005 for existing or planned power infrastructure being granted free of cost to that body. (Western Power) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Electricity service supply easements for transmission (>33,000V) and /or distribution (≤33,000V) network infrastructure.

Approvals require the imposition of this condition when it is known that an easement is necessary and justified, and the need for any easements is created by the subdivision and consequent development.



E6 Arrangements being made to the satisfaction of the WAPC and to the specification of Western Power [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE] for the removal, relocation and/or replacement of electricity supply infrastructure, including plant and/or equipment located on or near the lots shown on the approved plan of subdivision. (Western Power) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Electricity infrastructure removal / relocation.

Freehold, survey-strata approvals and vacant lot strata require the imposition of this condition when it is known that Western Power infrastructure on or near the subject land is required to be removed, relocated or replaced.



http://www.planning.wa.gov.au/Plans+and+policies/Publications/225.aspx






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New code

Electricity and gas pipeline condition Related code


E7 Prior to the commencement of subdivisional works, the landowner/applicant shall prepare and implement as part of the subdivisional works a pipeline risk management/protection plan in accordance with Planning Bulletin 87 High Pressure Gas Transmission Pipelines in the Perth Metropolitan Region. (INSERT GAS PIPELINE OPERATOR)

Gas pipeline protection plan.

In accordance with Planning Bulletin 87 High Pressure Gas Transmission Pipelines in the Perth Metropolitan Region.

PB 87 High Pressure Gas Transmission Pipelines in the Perth Metropolitan Region

E8 The transfer of land for the purpose of electricity supply infrastructure to be shown on the diagram or plan of survey (deposited plan) as a reserve and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without payment of compensation. (Western Power)

R2 Electricity infrastructure land.

Freehold, survey-strata and vacant lot strata approvals require the imposition of this condition where it can be justified by Western Power.



Electricity and gas pipeline advice

New code

Electricity and gas pipeline advice Related code Summary Situation Policy link

Ea1 In regard to Condition [insert E1/E2 condition number], Western Power [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE] provides only one underground point of electricity supply per freehold lot.

E1, E3 Electricity – one connection per lot; advice (WP).

Apply with E1 or E3 if the land is in an existing urban area.


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Part 6 – Environmental conditions

New code

Environmental condition Related code


EN1 Prior to the commencement of subdivisional works a foreshore/environmental/ bushland/tree/wetland/wildlife protection [DELETE AS APPLICABLE] management plan for [INSERT VALUE] is to be prepared and approved to ensure the protection and management of the sites environmental assets with satisfactory arrangements being made for the implementation of the approved plan. (Department of Water) OR (Local Government) OR (Department of Environment and Conservation) [DELETE AS APPLICABLE]

- Environmental Management Plan.

Where management plan required to protect specific, named, environmental values. On advice of relevant authority.

SPP 2 Environmental and Natural Resources, 5.1 – General Measures

SPP 2.6 – State Coastal Planning Policy, 5.1 – Coastal Strategies and Management Plans

DC 6.1 – Country Coastal Planning Policy, 4.1 Foreshore Management

EN2 Measures being taken to ensure the identification and protection of any vegetation on the site worthy of retention that is not impacted by subdivisional works, prior to commencement of subdivisional works. (Local Government)

- Vegetation protection.

SPP 2 – Environmental and Natural Resources, 5.1 – General Measures

EN3 A revegetation plan being prepared, approved and implemented for the revegetation of [INSERT VALUE] or the area shown on the dated [INSERT VALUE] (attached) [DELETE AS APPLICABLE] with appropriate native species to the specifications of the Department of Environment and Conservation. (Department of Environment and Conservation) OR (Local Government) [DELETE AS APPLICABLE]

- Requirement for revegetation.

SPP 2 Environmental & Natural Resources – 5.1 – General Measures

EN4 Measures being taken to ensure vegetation within the proposed Regional Open Space Reserve as identified in the plan dated [INSERT VALUE] (attached), is protected prior to the commencement of subdivisional works. (Local Government) OR (Department of Environment and Conservation) [DELETE AS APPLICABLE]

- Protection of Regional

Open Space vegetation.

Applies in respect of land reserved for Parks and Recreation in a region scheme.

SPP 2 Environmental and Natural Resources

EN5 Measures being taken to ensure no vegetation within Bush Forever Site No. [INSERT VALUE] is removed or disturbed during subdivisional works, other than as approved in a [INSERT VALUE Management Plan or plan of subdivision], including any secondary impacts from works to provide service infrastructure and drainage to implement the approved plan of subdivision. (Department of Environment and Conservation) or (Local Government). [DELETE AS APPLICABLE]

- Protect Bush Forever site within the subject land.

Only where a subdivision proposal is within or abutting a Bush Forever site and no vegetation is to be removed.

Always DEC unless DEC advises its Local Government.

SPP 2.8 – Bushland Policy for Perth Metropolitan Region, 5.1.1 – General Policy Measures – Bush Forever Boundaries

EN6 A fence restricting [vehicle] [pedestrian] [stock] [feral animal] [DELETE AS APPLICABLE] access to [INSERT VALUE] is to be constructed:

a) on the [INSERT VALUE] boundary; OR

b) on the boundaries shown on the plan dated [INSERT VALUE] (attached);

to protect native vegetation. (Local Government) OR (Department of Environment and Conservation) OR ) Department of Water). [DELETE AS APPLICABLE]

- Fencing of reserve/bushland.

Where a public open space/regional open space/reserve, state forest, wetland, waterway etc. is to be fenced. For waterway fencing, the Department of Water is the clearing agency.

SPP 2 Environmental & Natural Resources – 5.1 – General Measures

EN7 Prior to subdivisional works in the foreshore/waterway area, a plan is to be submitted and approved, detailing the waterway crossing and indicating how design and construction will minimise detrimental impacts on the waterway form and function. The waterway crossing plan is to be implemented as part of the subdivisional works. (Department of Water)

- Waterway crossings.

Applied where a crossing of a waterway is proposed, on the request of the Department of Water.

SPP 2 Environmental and Natural Resources – 5.1 – General Measures


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New code

Environmental condition Related code


EN8 An acid sulphate soils self-assessment form and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be submitted to and approved by the Department of Environment and Conservation before any subdivision works or development are commenced. Where an acid sulphate soils management plan is required to be submitted, all subdivision works shall be carried out in accordance with the approved management plan. (Department of Environment and Conservation)

ENa1 Acid sulphate soils assessment and management plan.

To be imposed where:

• requestedbyDEC;or

• wheresiteisidentifiedasbeingwithina“hightomoderate” acid sulphate soils risk; or

• wheretheapplicantadvisesontheForm1Athatthere may be a significant risk of disturbing acid sulphate soils.

SPP 2 – Environmental and Natural Resources, 5.4 – Soil and Land Quality

PB 64 Acid Sulphate Soils

WAPC Acid Sulphate Soil Planning Guidelines, April 2009

EN9 a) Prior to commencement of subdivision works, investigation for soil and groundwater contamination is to be carried out to determine if remediation is required.

b) If required, remediation, including validation of remediation, of any contamination identified shall be completed prior to the issuing of titles to the satisfaction of the Western Australian Planning Commission on advice from the Department of Environment and Conservation, to ensure that the lots created are suitable for the proposed use.

Investigations and remediation are to be carried out in compliance with the Contaminated Sites Act 2003 and current Department of Environment and Conservation Contaminated Sites Guidelines. (Department of Environment and Conservation)

ENa2 Soil and groundwater contamination investigation and remediation.

Where advice from Department of Environment and Conservation provided indicates site is potentially contaminated and further investigation and remediation is required.

SPP 2 – Environmental and Natural Resource, 5.4 Soil and Land Quality

DC1.1 – Subdivision of Land – General Principles, 3.8 – Suitability for Development

DC4.2 – Planning for Hazards and Safety, 9 Planning for Contaminated Land

EN10 A restrictive covenant, to the benefit of the Department of Environment and Conservation, pursuant to Section 129BA of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a restriction on the use of the land to protect areas identified for conservation. Notice of this restriction is to be included on the diagram or plan of survey (deposited plan). (Department of Environment and Conservation)

- Conservation covenant – generic (129BA TLA).

Agreement regarding covenant must be reached with covenanting agency prior to applying condition.

‘Conservation’ covenants under S129BA can only be issued in favour of a public authority- generally Department of Environment and Conservation.

For ‘conservation’ covenants under the National Trust of Australia (WA) Act 1964, (see Clause 21A) substitute the appropriate wording in the condition after ‘benefit’, and the appropriate legislation, but use the Department of Environment and Conservation as the clearing agency.

For conservation covenants in favour of the Department of Agriculture and Food (DAFWA), the relevant legislation is the Soil and Land Conservation Act 1945 and a specifically worded condition should be created.

SPP 6.1 Leeuwin – Naturalist Ridge SPP

DC 3.4 Subdivision of Rural Land


PB 91 Estate Covenants – New Residential Subdivisions

EN 11 A restrictive covenant, to the benefit of the local government, pursuant to section 129BA of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s) advising of the existence of a restriction on the use of the land. Notice of this restriction is to be included on the diagram or plan of survey (deposited plan). The restrictive covenant is to state as follows:

“No development is to take place outside the defined building envelope(s), unless otherwise approved by the local government.” (Local Government)

- Restrictive covenant – building envelope (129BA TLA).

Where Scheme setback provisions do not adequately control the siting of development.

DC 3.4 Subdivision of Rural land


PB 91 Estate Covenants – New Residential Subdivisions


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Environmental advice

New code

Environmental advice Related code Summary Situation Policy link

Ena1 Condition [INSERT VALUE] makes reference to an “acid sulphate soils self-assessment form”. This form can be downloaded from the Western Australian Planning Commission’s website at: www.planning.wa.gov.au.

The “acid sulphate soils self-assessment form” makes reference to the Department of Environment and Conservation’s “Identification and Investigation of Acid Sulphate Soils” guideline. This guideline can be obtained from the Department of Environment and Conservation’s website at: www.dec.wa.gov.au.

EN8 Always with EN8.

Ena2 In relation to Condition [INSERT VALUE] And in accordance with regulation 31(1)(c) of the Contaminated Sites Regulations 2006, a Mandatory Auditor’s Report, prepared by an accredited contaminated sites auditor, will need to be submitted to the Department of Environment and Conservation as evidence of compliance with Condition [INSERT VALUE]. A current list of accredited auditors is available from www.dec.wa.gov.au.

EN9 Remediation guidelines.

Always with EN9.

Ena3 The landowner/applicant is advised that the Department of Environment and Conservation has prepared dust control guidelines for development sites, which, outline the procedures for the preparation of dust management plans. The dust management plans are generally approved, and their implementation overseen, by Local Government. Further information on the guidelines can be obtained from the Department of Environment and Conservation’s website www.dec.wa.gov.au under air quality publications.

- Dust control guidelines.

http://www.planning.wa.gov.au

http://www.dec.wa.gov.au

http://www.dec.wa.gov.au


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Part 7 – Fire and emergency conditions

New code

Fire and emergency condition Related code


F1 The landowner/applicant is to prepare, have approved by the [INSERT RELEVANT CLEARING AGENCY], and implement a detailed plan demonstrating the location and capacity of fire emergency infrastructure to the satisfaction of the Western Australian Planning Commission. (INSERT RELEVANT CLEARING AGENCY)

- Fire emergency – hydrant plan.

The provision of fire emergency infrastructure in new streets in areas serviced by the Water Corporation is provided as part of the reticulated water condition W1 and F1 should not also be used.

F1 should be used in three circumstances:

a) in FESA gazetted areas within the Water Corporations service area in cases where upgrading of fire emergency infrastructure is required in existing road reserve(s), on the advice of the Water Corporation*;

b) in FESA gazetted areas outside the Water Corporations service area where subdivisional lots are created, on the advice of FESA;

c) in non FESA gazetted areas.

In the case of new roads in subdivisions serviced by a licensed service provider other than Water Corporation (such as Busselton Water and Aqwest) FESA is the clearance agency in its gazetted areas. Outside the FESA gazetted area, Local Government is the clearance agency.

The location of FESA gazetted areas is shown at www.fesa.wa.gov.au.

The location of the Water Corporation’s service area is shown at www.watercorporation.com.au.

NOTE:

The relevant clearance agency is as follows:

a) the FESA Regional office: in FESA gazetted areas including areas serviced by the Water Corporation where new lots are being created abutting existing roads,

b) Local Government in all other areas.


DC 1.1 – Subdivision of Land – General Principles

Planning for Bushfire Protection – Guidelines Edition 2

F2 A fire management plan being prepared, approved and relevant provisions implemented during subdivisional works, in accordance with the WAPC’s Guideline Planning for Bushfire Protection Edition 2, May 2010 (in particular Appendix 3) to the specifications of the local government and/or the Fire and Emergency Services Authority. (Fire and Emergency Services Authority) OR (Local Government) [DELETE AS APPLICABLE]

F3 Fire emergency – fire management plan.

Where recommended by the relevant fire authority (FESA or local government). Refer WAPCs Guideline Planning for Bushfire Protection Edition 2, May 2010 Appendix 3 for a model Fire Management Plan. The suitability and safety of the site for development should be established prior to subdivisional approval in accordance with the above Guideline.

SPP 3.4 Natural hazards and Disasters (8.2.6)


DC 4.2 – Planning for Hazards and Safety

Guideline Planning for Bushfire Protection Edition 2

F3 A notification, pursuant to section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

‘The lot(s) is/are subject to a fire management plan.’ (Local Government)

F2 S70A TLA Fire Management Plan.

If a Fire Management Plan condition required at F2 that has ongoing management requirements.



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New code

Fire and emergency condition Related code


F4 Prior to the commencement of subdivision works, the proposed vacant lot(s) is/are to be searched for unexploded ordnance to a depth of at least 1 metre. (Fire and Emergency Services Authority UXO)

Fa1 Unexploded ordnance – search to 1m depth.

Where risk of UXO and/or on the advice of FESA UXO. Always include Fa1.


F5 Prior to commencement of subdivisional works:

a) the application area is to be subjected to a limited assessment survey (field validation) for unexploded ordnance; and

b) in the event that evidence of unexploded ordnance contamination is found on site, the area is to be fully searched for unexploded ordnance to a depth of at least one metre; and

c) should evidence of unexploded ordnance be located, a notification, pursuant to section 165 of the Planning and Development Act 2005 is to be placed on the certificates of title of the proposed vacant lot(s) advising of the existence of a hazard or other factor. Notice of this notification to be included on the diagram or plan of survey (deposited plan). The notification to state as follows:

This land has previously been used as an artillery range and may contain unexploded ordnance. Whilst the land has been searched to a depth of at least 1 metre no guarantee can be given that all unexploded ordnances have been located. Any ordnance found should be treated as dangerous and its location reported to police or defence establishment.” (Fire and Emergency Services Authority UXO)

Fa1 Unexploded ordnances limited assessment survey and notification on title.

On FESA advice. DC 1.1 – Subdivision of Land – General Principles

F6 A Notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed vacant lot(s) advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification to state as follows:

“This land has previously been used as an artillery range/ammunition depot/defence air field [DELETE / INSERT AS APPLICABLE] and may contain unexploded ordnances. Whilst the land has been searched to a depth of at least 1 metre no guarantee can be given that all unexploded ordnances have been located. Any ordnance found should be treated as dangerous and its location reported to police or defence establishment.” (Western Australian Planning Commission)

Fa1 Notification 165 PDA – unexploded ordnance – vacant lots, searched to 1m.

If the land is known to have been used for a firing range, ammunition depot, defence air field or similar in the past and no evidence of remediation is available and vacant lots are proposed. Always use in conjunction with Fa1.



DC 4.2 Planning for Hazards and Safety


F7 A Notification, pursuant to Section 165 of the Planning and Development Act 2005 is to be placed on the certificate(s) of title of the proposed lot(s) containing existing development advising of the existence of a hazard or other factor. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification to state as follows:

“This land has previously been used as an artillery range/ammunition depot/defence air field [DELETE / INSERT AS APPLICABLE] and may contain unexploded ordnances (UXO). As no search for UXO has been conducted on the land, no guarantee can be given that the sub-surface is free from UXO. Any ordnance found should be treated as dangerous and its location reported to police or defence establishment.” (Western Australian Planning Commission)

Fa1 Notification 165 PDA – unexploded ordnance - developed site, not searched.

If the land is known to have been used for a firing range or similar in the past and no evidence of remediation is available and site contains existing development. Always use in conjunction with Fa1.




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Fire and emergency infrastructure advice

New code

Fire and emergency infrastructure advice Related code Summary Situation Policy link

Fa1 The Fire and Emergency Services Authority of Western Australia (FESA) advises that historical research has revealed that during the past 100 years, former elements of the Australian Defence Forces may have conducted training and/or operational activities within or close to the area of the proposed subdivision. It is possible that as a result of these activities, the subject area may contain unexploded ordnance (UXO). Whilst it is considered that the possible risk from UXO on the land subject to this approval is minimal, an absolute guarantee that the area is free from UXO cannot be given. Should, during subdivisional works, or at any other time, a form or suspected form of UXO be located, FESA has advised that the following process should be initiated:

(a) do not disturb the site of the known or suspected UXO;

(b) without disturbing the immediate vicinity, clearly mark the site of the UXO;

(c) notify Police of the circumstances/situation as quickly as possible; and

(d) maintain a presence near the site until advised to the contrary by a member of the WA Police Service or Defence Forces.

Further advice on this issue may be obtained by contacting the Unexploded Ordnance Unit, Fire and Emergency Services Authority of Western Australia.

F4, F5, F6, F7 Unexploded ordnances.

If advice from FESA UXO indicates that the land or adjacent land may have been used by Australian Defence Forces to conduct training and/or operational activities.


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Part 8 – Heritage (indigenous, state, local, etc) advice

New code

Heritage advice Related code Summary Situation Policy link

Ha1 Prior to the commencement of subdivisional works, the landowner/applicant is advised to investigate whether or not approval is required pursuant to the Aboriginal Heritage Act 1972. The landowner/applicant should conduct a search of the Register of Aboriginal Sites to determine if any aboriginal sites have been recorded in the vicinity of their application, and this heritage information should be submitted to the Department of Indigenous Affairs with a request for advice.

Advice – obligations under the Aboriginal Heritage Act 1972.

Where there is a likelihood of aboriginal heritage, to alter proponents to their requirements under the Aboriginal Heritage Act 1972.

Part 9 – Lot design conditions

New code

Residential design condition Related code Summary Situation Policy link

L1 The plan of subdivision is to be modified so that no lot is less than [INSERT VALUE] in area. (Local Government)

- Minimum lot area. If dimension is marginal or non compliant. SPP 3.1 Residential Design Codes



L2 The plan of subdivision is to be modified so that no lot is greater than [INSERT VALUE] in area. (Local Government)

- Maximum lot area – approved plan variation.

If dimension is marginal or non compliant. SPP 3.1 Residential Design Codes



L3 Detailed Area/Local Development [DELETE AS APPROPRIATE] Plan(s) being prepared and approved for lots shown on the plan dated [INSERT VALUE] (attached) that address the following:

a)

b)

c)

(INSERT SPECIFIC REQUIREMENTS AS APPROPRIATE) to the satisfaction of the Western Australian Planning Commission. (Local Government)

- Detailed Area Plans/Local Development Plans.

If Detailed Area Plans/Local Development Plans are required by a Local Planning Scheme and/or Structure Plans. Should be used sparingly, and be justified.

Officers will be required to prepare a plan which identifies the lots which will require a Detailed Area Plan.

Condition must specify contents of Detailed Area Plans as appropriate, from the list of matters and criteria in Liveable Neighbourhoods Element 3, Tables 9 and 10. Area(s) to which Detailed Area Plans apply must be indicated.

Liveable Neighbourhoods Element 3 Tables 9 and 10

L4 The landowner/applicant shall make arrangements to ensure that prospective purchasers of lots subject of a Detailed Area/Local Development [DELETE AS APPLICABLE] Plan are advised in writing that Detailed Area Plan provisions apply (Local Government)

- Prospective purchasers advised of Detailed Area Plans/Local Development Plans.

On local government advice. Memorials on title are inappropriate in this circumstance.



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Part 10 – Reserves conditions

New code

Reserves condition Related code


R1 A foreshore reserve:

a) [INSERT VALUE] in width from the high water mark of the [INSERT VALUE],

OR [DELETE AS APPLICABLE]

b) in accordance with the plan dated [INSERT VALUE] (attached); as established by survey, being shown on the diagram or plan of survey (deposited plan) as a reserve for recreation/reserve for foreshore management/reserve for conservation/reserve for waterway management [DELETE / INSERT AS APPPLICABLE] and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Western Australian Planning Commission)

Ra3 Reserve for recreation/reserve for foreshore management/reserve for conservation/reserve for waterway management –foreshore reserve; vest free of cost (Planning and Development Act s.152).

If foreshore is reserved for ‘Parks and Recreation’ in region scheme and relevant agency has agreed to accept management. Purpose of reserve dependent on advice from relevant referral authority and proposed management of reserve.


SPP 2 – Environment and Natural Resources Policy

SPP 2.6 – State Coastal Planning Policy, 5.1 – Coastal Foreshore Reserves

SPP 2.9 – Water Resources, 5.1 – General Measures

SPP 2.10 – Swan Canning River System – Creating and maintaining foreshore reserves

DC 2.3 – Public Open Space in Residential Areas 3.2 – Foreshore Reserves

DC 6.1 – Country Coastal Planning Policy


R2 The proposed reserve(s) shown on the approved plan of subdivision being shown on the diagram or plan of survey (deposited plan) as reserve(s) for [INSERT VALUE] and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (INSERT CLEARING AGENCY AS APPLICABLE)

Ra1 Reserves for named public purpose(s).

Reserves to be ceded to the crown. Reserve type should be specified and this will appear on the diagram or plan of survey (deposited plan). Land may be ceded for one or more purpose. Specific conditions apply for generic reserves for water/sewer/power infrastructure

Reserves shown on the approved plan being ceded. Clearing Agency to be specific to the vesting eg.

Local Government

Pedestrian accesswayRight of wayDrainageForeshore managementRecreation Conservation or protection of the environmentWaterway management

Servicing Authorities (Western Power and Water Corporation)

Sewerage

Drainage

Electricity supply

Department of Environment and Conservation

Conservation or protection of the environment

Waterway management


SPP 3.6 Developer Contributions for Infrastructure

DC 2.3 – Public Open Space in Residential Areas Liveable Neighbourhoods Element 4


Return to contents

New code

Reserves condition Related code


R3 An area(s) of land at least [INSERT VALUE] in area, in a position to be agreed with the Western Australian Planning Commission, being shown on the diagram or plan of survey (deposited plan) as a reserve for [INSERT VALUE] and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Local Government)

Ra1 Reserve, commonly for recreation, but may also be for another purpose additional or minimum area required; vest free of cost (Planning and Development Act s.152).

If the plan does not show reserve(s) or adequate sized reserve(s) as allowed for in s.152 of Planning and Development Act 2005 but it is necessary and on local government advice. Usually for additional public open space “reserve for recreation”.

Advice note Rsa3 where cash in lieu may be considered in accordance with s.153.


DC 2.3 – Public Open Space in Residential Areas


R4 Arrangements being made for the proposed public open space to be developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government. (Local Government)

Ra2 Development and maintenance of public open space to a minimum standard.

Imposed in accordance with the requirements of Liveable Neighbourhoods Element 4. Always include Rsa1. No more than two summers or years of maintenance should apply.

Liveable Neighbourhoods Element 4, specifically Development of Public Open Space (R37)

Reserves advice

New code

Reserves advice Related code


Ra1 With regard to Condition [INSERT VALUE], provisions of section 153 of the Planning and Development Act 2005 provide that arrangements can be made, subject to further approval of the Western Australian Planning Commission, for a cash-in-lieu contribution by the landowner/applicant to the local government.

R2 R3 Reserve for recreation – cash-in-lieu contribution.

With RS3 or RS4 where cash in lieu may be considered.

Ra2 With regard to Condition [INSERT VALUE], the development is to include full earthworks, basic reticulation, grassing of key areas, and pathways that form part of the overall pedestrian and/or cycle network.

R4 POS development advice.

Ra3 In regard to Condition(s) [INSERT VALUE] the location of the foreshore reserve is to be confirmed prior to ground disturbing activities on abutting land. The foreshore reserve is to be protected from disturbance during subdivisional works.

Always with R1

Ra4 In regard to Condition [INSERT VALUE], the Western Australian Planning Commission hereby approves of a cash-in-lieu contribution in accordance with Section 153 of the Planning and Development Act 2005.

R3 Agreement at approval stage to cash-in-lieu contribution.

Where a cash-in-lieu contribution is considered in accordance with the planning framework.


DC 2.3 Public Open Space in Residential Areas


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Part 11 - School sites conditions

New code

School site condition Related code Summary Situation Policy link

S1 Arrangements being made, to the satisfaction of the Western Australian Planning Commission, for the transfer of land free of cost to the Department of Education for the provision of a primary school site(s) to serve the area, as identified within the approved plan of subdivision/[INSERT NAME/DELETE AS APPLICABLE] Structure Plan. (Department of Education)

- Education – school site land free of cost.

On advice of the Department of Education. Generally where school site in single ownership and ceding free of cost is appropriate.

DC 2.4 – School Sites

Liveable Neighbourhoods Element 8 – Schools

S2 The land denoted as proposed primary school site on the approved plan of subdivision is to be set aside as a separate lot, pending the acquisition of the land by the Department of Education. (Department of Education)

- Education – school site land separate lot as per plan.

On advice of the Department of Education when ceding free of cost is not appropriate.

DC 2.4 – School Sites

Liveable Neighbourhoods Element 8 – Schools (R15 & 16)

S3 The landowner/applicant making a pro-rata contribution towards the cost of the acquisition of the primary school site identified in the subdivision locality. (Department of Education)

- Education – pro-rata contribution.

On advice of the Department of Education. DC 2.4 – School Sites

Liveable Neighbourhoods Element 8 – Schools (R15 & 16)


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Part 12 – Transport, roads and access conditions

New code

Transport, roads and access condition Related code


T1 Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, to ensure that those lots not fronting an existing road are provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) are constructed and drained at the landowner/applicant’s cost.

As an alternative, and subject to the agreement of the Local Government the Western Australian Planning Commission (WAPC) is prepared to accept the landowner/applicant paying to the local government the cost of such road works as estimated by the local government and the local government providing formal assurance to the WAPC confirming that the works will be completed within a reasonable period as agreed by the WAPC. (Local Government)

Ta3 Road – construction.

All approvals where plan shows lots without existing road lot frontage, requiring road construction/extension.



DC 1.7 General Road Planning


T2 Engineering drawings and specifications are to be submitted and approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications to ensure that:

a) street lighting is installed on all new subdivisional roads to the standards of the relevant licensed service provider and/or

b) roads that have been designed to connect with existing or proposed roads abutting the subject land are coordinated so the road reserve location and width connect seamlessly and/or

c) temporary turning areas are provided to those subdivisional roads that are subject to future extension and/or

d) embayment parking is provided within the/abutting the proposed. [INSERT VALUE]

[DELETE OPTIONS A) TO D) AS APPLICABLE]

to the satisfaction of the Western Australian Planning Commission. (Local Government)

Ta3 Road – coordination with abutting roads.

Where coordination with adjoining land is required, on local government advice.

Where new roads are proposed.

Where coordination with connecting roads is required.

Where roads are subject to future extension and temporary turning areas are required.

Where on street parking provision is required including parking embayments.

DC 1.1 Subdivision of Land- General Principles


DC 2.6 Residential Road Planning


T3 Engineering drawings and specifications are to be submitted, approved, and subdivisional works undertaken in accordance with the approved plan of subdivision, engineering drawings and specifications, for the provision of shared paths through and connecting to the application area:

EITHER

to the satisfaction of the Western Australian Planning Commission;

OR

in accordance with the plan dated (attached);

OR

in accordance with the approved [INSERT NAME] structure plan.

[DELETE AS APPLICABLE]

The approved shared paths are to be constructed by the landowner/applicant. (Local Government)

Ta3 Shared path – detailed plan required.

For all suburban residential subdivision shared path design is not depicted on the plan of subdivision.

DC 1.5 Bicycle planning

DC 2.6 Residential road planning



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New code



T4 Engineering drawings and specifications are to be submitted and approved, and satisfactory arrangements being made for subdivisional works to be undertaken in accordance with the approved plan of subdivision and engineering drawings and specifications, for the construction of full earthworks, one carriageway, shared path(s), drainage facilities and grade separated pedestrian crossing(s) required for the portion of [INSERT VALUE] within/abutting [DELETE AS APPLICABLE] the application area. (Local Government)

Ta3 Road – distributor and arterial road construction arrangements. (Local Government)

Consistent with Western Australian Planning Commission policy or developer contribution Local planning Scheme provisions.

SPP 3.6 Developement Contributions for Infrastructure


DC1.7 General Road Planning

T5 Satisfactory arrangements being made with the local government for the full/partial [INSERT VALUE HERE] cost of upgrading and/or construction of [INSERT VALUE ROAD(S)] in the locations as shown on the plan dated [INSERT] (attached) to a standard of [INSERT VALUE]. (Local Government)

- Road upgrading and construction.

Where an existing road is required to be upgraded and/or constructed as a result of the proposal. Outline the specific upgrading requirements for example by reference to the road type in the Liveable Neighbourhoods policy road hierarchy.





T6 The [INSERT VALUE] reserve being set out on a separate diagram or plan of survey (deposited plan) and transferred free of cost to the Commissioner for Main Roads WA for road purposes and without any payment of compensation. (Main Roads WA)

- Road – widening and transfer.

MRWA Widening needed, but not shown on plan and subdivision justifies ceding free of cost in accordance with WAPC policy.

T7 The land required for the widening of [INSERT] as shown on the plan dated [INSERT] (attached) for [INSERT] is to be set aside as a separate lot for acquisition pending future road widening requirements. An easement is to be provided over all of the lot to be set aside for the benefit of the remaining lot(s) for the purpose of providing [vehicular access] [DELETE IF ALTERNATIVE ACCESS POSSIBLE], right of footway, water, sewer, drainage, gas, electricity, television, telecommunications and other necessary service infrastructure, pending construction of the future road widening. (Western Australian Planning Commission)

Ta1 Road widening – land to be a separate lot with easement.

Generally applied where land is reserved in a Region Scheme or Local Planning Scheme and where there is a high degree of certainty of acquisition in the short to medium term.





T8 An agreement for the acquisition of the land within the subdivision required for the road widening shown on the approved plan (attached) between the landowner and the [local government/ Main Roads WA] [DELETE AS APPROPRIATE] is to be executed. The land required for road widening is to be shown as ‘Road Widening’ on the agreement for the acquisition and the diagram or plan of survey (deposited plan). (Local Government) (Main Roads WA) [DELETE AS APPLICABLE]

- Road – widening and agreement for acquisition.

Note – where required, local government can be replaced with Main Roads should an agreement to acquire be requested by Main Roads.




T9 [INSERT VALUE] being widened in accordance with the approved plan of subdivision/plan dated [INSERT VALUE/DELETE AS APPLICABLE] (attached) by the landowner/applicant transferring the land required to the Crown free of cost for the purpose of widening [INSERT VALUE].

- Existing or proposed road(s) – widening and transfer as per attached plan.

Existing or proposed road(s) - widening required in accordance with plan of subdivision or plan attached to approval. Need and extent to be consistent with WAPC policy.




T10 The section of [INSERT VALUE] widened in accordance with this approval, is to be constructed and drained at the full cost of the landowner/applicant. (Local Government)

- Existing or proposed road(s) – construction of widening.

With R4 if required. Construction requirement to be consistent with WAPC policy.





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New code



T11 All local streets within the subdivision being truncated in accordance with the Western Australian Planning Commission’s Liveable Neighbourhoods policy/ DC 2.6 Residential Road Planning/ DC 4.1 Industrial Subdivision [DELETE AS APPLICABLE]. (Local Government)

- Road – corner truncation.

Where street corners require truncation. DC 1.7 General Road Planning


DC 4.1 Industrial Subdivision

Liveable Neighbourhoods Elements 2 and 3

T12 [INSERT VALUE] metre truncation is to be provided at the junction of the access way and the proposed [INSERT VALUE] rear lot. (Local Government)

- Access way to rear lot – rear lot truncation.

All battle-axe type configuration applications where dimension is marginal or non-compliant. Should only be necessary if NOT shown on the subdivision plan.



T13 A [INSERT VALUE] metre truncation is to be provided at the junction of the access way and the [INSERT VALUE] road reserve. (Local Government)

- Access way to rear lot – road truncation.

All battle-axe type configuration applications where dimension is marginal or non-compliant.

Should only be necessary if NOT shown on the subdivision plan, upon the advice of Local Government and/or there are visibility issues.



T14 A [INSERT VALUE] wide right-of-way is to be provided, constructed and drained at the landowner/applicants cost along the [INSERT VALUE] boundary of the subject land. The right-of-way is to be accurately illustrated and denoted on the [Diagram or Plan of Survey

(Deposited Plan) or Survey-Strata Plan] [DELETE AS APPLICABLE] and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Local Government)

- Right-of-way – ceding as per approved plan.

If ROW not shown on plan, but necessary. Planning and Development Act 2005 s.152


T15 The portion of the right-of-way abutting the [INSERT VALUE] boundary of the subject land and any portion/s of the right of way required to be widened for the purpose of this subdivision being sealed, drained and paved to its full width and the remaining portion of the right-of-way from the [INSERT VALUE] boundary to the existing nearest constructed road being made trafficable. (Local Government)

- Right-of-way – construction (adjoins land) plus trafficable access to nearest constructed road.

If ‘infill’ plan abuts ROW and upgrade to nearest trafficable street is required.


T16 The proposed access way(s) being constructed and drained at the landowner/applicant’s cost to the specifications of the local government. (Local Government)

T22if adjoining battle-axe legs.

Battle-axe or common property – access way(s) being paved, drained and sealed.



T17 The access way forming part of the rear lot shall be a minimum width of [INSERT VALUE] metres, free of any building projections associated with existing site development and depicted on the diagram or plan of survey (deposited plan) and/or survey strata plan [DELETE AS APPLICABLE] accordingly. (Local Government)

- Access way to rear lot – minimum width.

All battle-axe type configuration applications where dimension is marginal or non-compliant, or includes encroachments that are required to be removed.




T18 The access way to the rear lot, including truncations and vehicle manoeuvring areas being shown on the survey strata plan as common property. (Local Government)

- Battle-axe – access way being common property.






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New code



T19 All pedestrian access way(s) within the subdivision being constructed and drained at the landowner/applicant’s cost and shown on the diagram or plan of survey (deposited plan) as such and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Local Government)

- Pedestrian-access way – ceding and construction as per approved plan.

If PAW shown on plan. Planning and Development Act 2005 s.152

T20 Suitable arrangements being made with the local government for the provision of vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision. (Local Government)

- Road – crossover construction.

Desirable if identifying the location of crossovers is integral to the design, or if there are significant site constraints.

May not be applied in rural situations or where it is desirable to retain flexibility in siting of crossover(s).

Generally on the advice of the Local Government.

DC 1.1 Subdivision of Land General Principles

T21 Pursuant to Section 150 of the Planning and Development Act 2005 and Division 3 of the Planning and Development Regulations 2009 a covenant preventing vehicular access onto [INSERT VALUE] being lodged on the certificate(s) of title of the proposed lot(s) at the full expense of the landowner/applicant. The covenant is to prevent access, to the benefit of [INSERT VALUE], in accordance with the plan dated [INSERT VALUE] (attached) and the covenant is to specify:

“No vehicular access is permitted from [INSERT VALUE].” ([INSERT VALUE])

- Road access – restriction.

Where access to a road is to be restricted or prohibited, based on advice of relevant road authority and in accordance with s.150 of the Planning and Development Act 2005 and Division 3 of the Planning and Development Regulations 2009. This includes annotating the plan to identify the portion or portions of the boundary between the land and road across which access to or from the land is prohibited.



DC 5.1 Regional Roads (Vehicular Access)

T22 The landowner/applicant entering into an agreement with the local government to ensure reciprocal rights of access over adjoining battle-axe access ways. (Local Government)

T16 Battle-axe – reciprocal rights of access over adjoining battle-axe access ways.



T23 Redundant vehicle crossover(s) to be removed and the kerbing, verge, and footpath (where relevant) reinstated with grass or landscaping to the satisfaction of the Western Australian Planning Commission and to the specifications of the local government. (Local Government)

- Vehicle crossover and reinstatement.



T24 A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“The lot/s is/are situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected by transport noise.” (Local Government)

Notification – Transport noise

In accordance with the implementation guidelines for State Planning Policy 5.4 Road and Rail Transport Noise and Freight Considerations in Land Use Planning. Specifically, for those lots where noise reduction levels cannot achieve the target noise levels for noise sensitive developments. Use sparingly.

SPP 5.4 Road and Rail Transport Noise and Freight Considerations in Land Use Planning


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New code



T25 The proposed rear lot/s being provided with a 1.5/1 [DELETE AS APPLICABLE] metre wide pedestrian access leg/s clear of any encroachments or projections associated with the existing dwelling/s including pipework, water heater systems, air-conditioning units, eaves or other such projections associated with the existing dwelling/s, to the satisfaction of the Western Australian Planning Commission. (Local Government)

Ta4 Pedestrian access leg.

Where the lots propose access via a right of way.

To provide for visitor parking in the primary street, servicing, postal address and rubbish collection.

To ensure pedestrian access leg is provided, with 1m width clear of any encroachments/projections.

Projections which do not impact on the minimum 1m width may be suitable, if they provide sufficient height clearance, and if protected with appropriate easements (e.g. Survey Strata - Regulation 14H Strata Title General Regulations1996).

The 1.5 metre wide pedestrian access leg may be reduced to 1m, if there is an existing house to be retained.

PB 33 Rights of Way or Laneways in Established Areas – Guidelines

T26 Easement(s) in accordance with Sections 195 and 196 of the Land Administration Act 1997 for the benefit of [INSERT VALUE] are to be placed on the certificate(s) of title of the proposed lot(s) specifying access rights. Notice of this easement(s) is to be included on the diagram or plan of survey (deposited plan). The easement(s) are to state as follows: “...[INSERT VALUE]...”

- Easement – generic (195 & 196 LAA) easement in gross.

Where access rights for a local government or public body are necessary. Includes easement in gross, for public access. To allow for coordinated pedestrian access and parking arrangements.

DC 5.1 Regional Roads (Vehicular Access)

Transport, roads and access advice

New code



Ta1 In regard to Condition [INSERT VALUE], the landowner/applicant is advised to contact the Department of Planning /Main Roads WA/Local Government [DELETE AS APPLICABLE] for information on purchase option(s).

T7 Road – widening lot purchase advice; advice.

Always use with T7.

Ta2 The landowner/applicant and the local government are advised to refer to the Institute of Public Works Engineering Australia Local Government Guidelines for Subdivisional Development (current edition). The guidelines set out the minimum best practice requirements recommended for subdivision construction and granting clearance of engineering conditions imposed.

T1, D2, D3, D4

Subdivisional works to be undertaken generally in accordance with the IPWEA guidelines.

All applications that include site preparation including earthworks, roads, drainage, street lighting, pathway, and/or public open space conditions.

Planning and Development Act 2005

Ta3 In regard to Condition [INSERT VALUE], the landowner/applicant is advised that the road reserves, including the constructed carriageways, laneways, truncations, footpaths/dual use paths and car embayments, are to be generally consistent with the approved plan of subdivision.

T1, T2, T3 Road Reserves consistent with approved plan of subdivision

Freehold subdivision, to ensure that engineering drawings are consistent with approved plan of subdivision.



Liveable Neighbourhoods

Ta4 In regard to Condition [INSERT VALUE], the landowner/applicant is advised that to provide a minimum 1 metre clear of any encroachments or projections, any such encroachments or projections will need to be either removed, relocated or appropriately protected with easements, as required.

T25 Pedestrian access Leg Advice.

Always with T25. PB 33 Rights of Way or Laneways in Established Areas – Guidelines


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New code



Ta5 Main Roads Western Australia advises the landowner/application with regard to the [INSERT ROAD RESERVE NAME]

i) no earthworks are to encroach onto the road reserve;

ii) no stormwater drainage is to be discharged onto the road reserve; and

iii) the landowner/applicant shall make good any damage to the existing verge vegetation within the road reserve.

MRWA advice. Upon the advice of Main Roads Western Australia.


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Part 13 – Water and sewer conditions

New code

Water and sewer condition Related code Summary Situation Policy link

W1 Arrangements being made with the Water Corporation [DELETE / INSERT SERVICE PROVIDER AS APPLICABLE] so that provision of a suitable water supply service will be available to the lots shown on the approved plan of subdivision. (Water Corporation) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

If exemption use W4

Water Supply. Considered an essential service.

Majority of freehold, survey-strata and vacant lot strata approvals require the imposition of this condition.

Guidance for water servicing in Rural, Rural Residential and Rural Living zone types is provided in SPP 2.5 and DC 3.4.

Water service suppliers in WA are required to be licensed by the Economic Regulation Authority (Water Services Licensing Act 1995).

Generally inappropriate for boundary realignments and rural subdivision.

SPP 2.5 Agricultural and Rural Land Use Planning Policy


DC 3.4 Subdivision of Rural Land


W2 Arrangements being made with the Water Corporation [DELETE / INSERT SERVICE PROVIDER AS APPLICABLE] so that provision of a sewerage service will be available to the lots shown on the approved plan of subdivision. (Water Corporation) [DELETE / INSERT LICENSED SERVICE PROVIDER AS APPLICABLE]

Wa1

If exemption use W5

Sewerage service. Considered an essential service.

Majority of freehold, survey-strata and vacant lot strata approvals require the imposition of this condition.

Possible exemptions are outlined in the Government Sewerage Policy (Perth Metropolitan Area) 1995, the Draft Country Sewerage Policy 2003, SPP 2.1, DC 2.2, DC 2.5, DC 4.1.

Need to confirm that reticulated sewerage service can be provided with the licensed service provider.

SPP 2.1 The Peel Harvey Coastal Plain Catchment


DC 2.5 Special Residential Zones

DC 4.1 Industrial Subdivision

Government Sewerage Policy Perth Metropolitan Region 1995;

Draft Country Sewerage Policy 2003;

Both are available at www.public.health wa.gov.au.


W3 The provision of easements for existing or planned future water, sewerage and/or drainage infrastructure as may be required by the Water Corporation [DELETE / INSERT SERVICE PROVIDER AS APPLICABLE] being granted free of cost to that body. (Water Corporation) [DELETE / INSERT SERVICE PROVIDER AS APPLICABLE]

- Water/sewer/drainage easements.

Easements may be required for essential infrastructure.

Freehold, survey-strata and vacant lot strata approvals may require the imposition of this condition; unless easements requirements are known and shown on approved plan.

Planned Future Water, Sewerage and Drainage Infrastructure, is one that can be provided by the licensed service provider.



http://www.planning.wa.gov.au/Plans+and+policies/Publications/214.aspxx




http://www.public.health.wa.gov.au

http://www.public.health.wa.gov.au




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New code

Water and sewer condition Related code Summary Situation Policy link

W4 A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

‘A mains potable water supply is not available to the lot/s.’ (Local Government)

- Notification of no mains potable water supply.

Generally only for urban or rural living lots and always where the relevant licensed water service advises that a mains water supply is not available.

Local Government to clear if it recommends the condition. Otherwise WAPC is the clearance agency.


W5 A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

‘A reticulated sewerage service is not available to the lot/s.’ (Local Government)

Wa1 Notification – reticulated sewerage connection is not available.

Always if reticulated sewerage connection is not available.

Government Sewerage policy, Perth Metropolitan Region 1995


W6 All septic sewer systems including all tanks and pipes and associated drainage systems (soak wells or leach drains) and any stormwater disposal systems are to be decommissioned, in accordance with the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1974, removed, filled with clean sand and compacted. Proof of decommissioning is to be provided in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant, confirming that the site has been inspected and all septic tanks, soak wells, leach drains and any associated pipework have been removed. (Local Government)

- Sewer, decommissioning on-site effluent disposal system.

If septic sewer system(s) exist on the land they are to be removed and the site made-good.


W7 The transfer of land for the purposes of the provision of water and sewerage infrastructure to be shown on the diagram or plan of survey (deposited plan) as a reserve and vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown. (Water Corporation) [DELETE / INSERT AS APPLICABLE]

R2 Transfer of crown reserve for water and/or sewer infrastructure.

If land to be transferred shown on subdivision plan- use RS3.

Water and sewer advice

New code

Water and sewer advice Related code Summary Situation Policy link

Wa1 In regard to Condition/s [INSERT VALUE], the landowner/applicant shall make arrangements with the Water Corporation for the provision of the necessary services. On receipt of a request from the landowner/applicant, a Land Development Agreement under Section 67 of the Water Agencies (Powers) Act 1984 will be prepared by the Water Corporation to document the specific requirements for the proposed subdivision.

W1, W2, D6 Water Corporation easements advice.

Always with W1 & W2 if the service provider is the Water Corporation.

Wa2 The Water Corporation has tentatively scheduled construction of sewers for this area in the Five Year Programme [INSERT VALUE]. Subject to factors that influence adherence to the programme, it is unlikely that a connection to sewerage would be available before [INSERT VALUE].

W5 Sewer - connection tentatively scheduled advice (WC).

If the Water Corporation is able to give advice regarding the projected development of a reticulated sewerage service to the subject land pass this advice on to the landowner/applicant.




Schedule 8.3.4 (i)

OBJECTIVES: To ensure that conditions of planning approval are applied in a consistent format, are recognised publicly and reflected in Council officers’ reports and the minutes of Council. DEFINITION/S: Not Applicable. POLICY STATEMENT/S: The following conditions of approval, within the scope of Shire of Carnarvon Town Planning Scheme No. 10 and that Shire of Carnarvon Town Planning Scheme No. 11 relating to matters of land use, development and subdivision represent the Standard Conditions of Council. (Note: Where a Standard Condition includes the annotation “(_)” the appropriate number of vehicle parking bays, physical area of landscaping, number of days, etc. specific to the proposed development shall be inserted.) However, it is important that in issuing planning approval that there is an appreciation that conditions:

• have a planning purpose; • are fairly and reasonably relates to the development; • are not so unreasonable that no reasonable planning authority could have imposed it; and • are certain and final.

The Department of Planning has provided guidance in relation to the use of conditions in, “Making good planning decisions - Development Assessment Panel: Training Notes” June 2011, Pages 34-40) (ATTACHMENT 1)

POLICY NO POLICY SHIRE OF CARNARVON STANDARD PLANNING DEVELOPMENT &

SUBDIVISION CONDITIONS RESPONSIBLE DIRECTORATE DEVELOPMENT COUNCIL ADOPTION Date: Resolution No. REVIEWED/MODIFIED Date: Resolution No.

Date: Resolution No. LEGISLATION Shire of Carnarvon Town Planning Scheme No. 10

Shire of Carnarvon Town Planning Scheme No. 11 Sections S142 and 143 of the Planning and Development Act 2005 Section 23 of the Strata Titles Act 1985

RELEVANT DELEGATIONS

SHIRE OF CARNARVON POLICY

PLANNING CONDITIONS TO BE INCLUDED ON ALL DEVELOPMENT APPROVALS AS CONSIDERED RELEVANT pc1 Development is to be in accordance with the approved Development Plan All development is to be in accordance with the approved Development Plan dated

(attached), including any amendments placed thereon by the Shire of Carnarvon and except as may be modified by the following conditions or with the prior written approval of the Shire of Carnarvon.

pc2 Occupation or use Occupation or use of the development shall not occur until the Shire of Carnarvon has issued,

to the owner, a written Permit to Use for the development. STANDARD PREAMBLE FOR REFUSAL pr1 Delegated Preamble Reference is made to your development application dated whereby you proposed the

use / development of on Lot . Following an assessment in accordance with the provisions of Scheme No. and

relevant Shire Policies, you are advised that the Shire of Carnarvon hereby refuses your application for the following reasons:

OR pr2 Council Decision At its meeting held on , Council resolved to refuse the application for the following

reasons:

BUILDING/DEVELOPMENT pc3 Plans required – finished floor levels Plans submitted with the building permit are to show finished ground levels and finished floor

levels to the satisfaction of the Shire of Carnarvon. pc4 Matching colours/texture The design, materials and colours of both the existing and proposed development are to be

matched to the satisfaction of the Shire of Carnarvon. pc5 Geotechnical Report A geotechnical report covering the development area being prepared by the applicant at the

applicant’s cost and to the satisfaction of the Shire of Carnarvon. pc6 Dust Management Plan A Dust Management Plan to be prepared prior to commencement of the development and

implementation of that approved Plan be undertaken at each and every stage of the development of the site to the satisfaction of the Shire of Carnarvon.

pc7 Compaction and stabilisation Compaction and stabilisation must be carried out to the specifications and satisfaction of the

Shire of Carnarvon.

pc7a Permanent enclosed storage Each dwelling shall be provided with a permanent enclosed storage area of at least 4.0m2 and

a minimum width of 1.5m, accessible from and compatible with the overall development to the satisfaction of the Shire of Carnarvon.

PARKING AND ACCESS pc8 Minimum carparking The provision on-site of a minimum number of carparking bays. The parking area(s),

driveway(s) and point(s) of ingress and egress [including crossover(s)] to be designed, constructed, sealed, drained, marked and thereafter maintained to the specifications and satisfaction of the Shire of Carnarvon.

pc9 Legal Agreement Prior to commencement of use, the applicant shall submit to the Shire of Carnarvon a legal

agreement prepared at the applicant's expense (including legal expenses incurred by the Shire of Carnarvon) and to the satisfaction of the Shire of Carnarvon to facilitate reciprocal rights of vehicular access and carparking between Lot(s) and Lot(s) in which the Shire's interests are protected.

pc10 Sealed parking and manoeuvring areas Prior to commencement of use, all parking and manoeuvring areas to be bitumen sealed,

concrete or brick paved to the satisfaction of the Shire of Carnarvon. pc11 Disabled parking Prior to commencement of use, disabled parking bay(s), located conveniently to the

building entrance and with a minimum width of 3.6 metres, to be provided to the satisfaction of the Shire of Carnarvon.

pc12 Parking Cash-In-Lieu Prior to commencement of use, payment of cash-in-lieu and associated costs of the valuation

fees for parking bays not provided on-site in accordance with the provisions of the Shire of Carnarvon Scheme No. .

pc13 Contribution Prior to commencement of use, a contribution of $ being made to the Shire of Carnarvon

for the construction / upgrading of as required as a direct consequence of the development.

DRAINAGE AND FILLING pc14 Stormwater Plans (On site) Prior to any development, plans are to be submitted showing details of stormwater and roof

run-off disposal to the satisfaction of the Shire of Carnarvon. pc16 Filling Filling of the site, other than that directly necessary for the development as approved under a

building permit, is prohibited.

LANDSCAPING / FENCING / SCREENING pc17 Landscape Plan Prior to any development, a landscape plan shall be prepared to the satisfaction of the Shire of

Carnarvon indicating: • the location and species of all trees to be removed and / or retained; • the location and type of fencing to be installed; • the reticulation to be installed; and • the location and type of paving to be installed.

The Plan should also include a plant schedule nominating each species, the numbers of plants required and the size of each plant to be used at the time of planting. The Plan should identify and include any adjoining road verges.

pc18 Landscaping and reticulation to be established Prior to commencement of use, the landscaping and reticulation to be established in

accordance with the approved plan(s) prior to occupation of the development and thereafter maintained to the satisfaction of the Shire of Carnarvon.

pc19 Landscaping to be upgraded Prior to commencement of use, a the existing landscaping is to be upgraded, in accordance

with an approved plan, prior to occupation of the development and thereafter maintained to the satisfaction of the Shire of Carnarvon.

pc20 Fencing details Prior to commencement of use, the design, materials and colours of all fencing are to be to the

satisfaction of the Shire of Carnarvon. Fencing should generally consist of a minimum 1.8 metres in height (except for within frontages), compliment the development and be designed to protect the amenity of adjoining dwellings.

pc21 Screening of private yards Prior to occupation of the development, the private yard areas are to be suitably screened

from adjoining unit(s) and the street prior to occupation of the development. pc22 Screen walls All screen walls to be a minimum of 1.8 metres in height and to be designed and constructed

to the satisfaction of the Shire of Carnarvon. pc23 Feature fence Prior to occupation of the development, the fence along the front boundary of the lot is to be

a feature fence designed and constructed to the satisfaction of the Shire of Carnarvon. HEALTH AND AMENITY (ALSO SEE HEALTH SECTION’S STANDARD CONDITIONS) pc24 Means and method of providing a potable water supply Prior to any development, details of the means and method of providing a potable water

supply are to be submitted to, and approved by the Shire of Carnarvon. pc25 Connection to a reticulated water supply Prior to occupation of the development, it is to be connected to a reticulated water supply to

the requirements of the Water Corporation and the satisfaction of the Shire of Carnarvon prior to occupation of the development.

pc27 Suitably screened bulk bin area for refuse Prior to occupation of the development, a suitably screened bulk bin area for refuse is to be

provided to the specifications and satisfaction of the Shire of Carnarvon. pc28 Oil/flammable discharge Where petrol, benzine or other inflammable or explosive substances or grease, oil or greasy /

oily matter is likely to be discharged, a sealed wash down area and a petrol and oil trap must be installed. Such a system to be connected to an approved leach drain system.

pc29 Animal wastes All animal wastes being disposed of in a manner suitable to the requirements of the Health

Department of WA and the satisfaction of the Shire of Carnarvon. pc30 Installation of an approved effluent disposal system Prior to occupation of the development, an approved effluent disposal system is to be installed

to the satisfaction of the Shire of Carnarvon and / or the Health Department of. Such a system is to be designed and submitted by a plumbing consultant or other suitably qualified person and based on a geotechnical report on the absorptive capacity of the soil and the anticipated water usage.

pc31 Connection to a reticulated deep sewer Prior to occupation of the development, it is to be connected to a reticulated deep sewer to

the requirements of the Water Corporation and the satisfaction of the Shire of Carnarvon prior to occupation of the development.

pc32 Provision of clothes drying facilities Prior to occupation of the development, clothes drying facilities are to be established to the

satisfaction of the Shire of Carnarvon. Pc33 240 litre mobile garbage bin per dwelling The provision of 1 x 240 litre mobile garbage bin per dwelling unit by the developer prior to

occupation of the development or issue of a Strata Title clearance, whichever comes first. MISCELLANEOUS CONDITIONS OF APPROVAL pc34 Amalgamation of all the lots Prior to occupation of the development, all the lots are to be amalgamated to the satisfaction

of the Shire of Carnarvon. The applicant is to submit proof to the Shire of Carnarvon, of the creation of a single title for the subject land.

pc35 Recyclable bin enclosure A recyclable bin enclosure is to be provided and maintained to the satisfaction of the Shire of

Carnarvon. Note: this condition is only to be used when the Shire have an established recycling program.

pc36 Bicycle parking facilities The provision of bicycle parking facilities to the satisfaction of the Shire of Carnarvon. pc37 No storage on roads etc. No goods or materials being stored either temporarily or permanently in the parking, footpath

or landscape areas or within access driveways.

pc38 No occupation under 55 years of age No dwelling unit being occupied by or leased to any person under the age of 55 years. pc39 Management Plan – aged persons The submission of a Management Plan demonstrating that the development will be restricted

to occupancy by aged and / or dependant persons only and will ensure the continued care and well-being of its occupants. The plan to be finalised to the satisfaction of the Shire of Carnarvon prior to occupation of the development.

pc40 Prospective purchasers notification

The developer of the land shall make arrangements satisfactory to the Shire of Carnarvon, which will guarantee that any prospective purchaser(s) are advised that no reticulated water supply can be provided by the Water Corporation and, as such, the purchaser(s) will therefore be obliged to make their own arrangements to provide an adequate supply of potable water.

pc41 Infrastructure contribution – footpaths/dup Prior to occupation of the development, a contribution of $ shall be made to the Shire of

Carnarvon towards a local footpath and dual use path upgrading. pc42 Compliance with definition Compliance with definition of of the Shire of Carnarvon Scheme No. (copy

attached). pc43 Screening of materials Any materials stored outside buildings shall be stored in defined storage areas nominated to

and approved by Council and shall be screened from view from adjoining property or from any public street, public thoroughfare, or public open space by a closed fence or wall not less than 1.8 metres in height.

pc44 Amenity The development and use of the land is not to interfere with the amenity of the locality or

cause nuisance by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise.

GENERAL FOOTNOTES fn1 Health Department issues The following advice is provided by the Shire's Health Department, which should be addressed

prior to the submission of a building permit: a. b. fn2 DFES Approval Approval to be obtained from the Department of Fire and Emergency Services WA. fn3 Signs Application A separate application being made for all advertising signs in accordance with the Shire's Local

Law relating to Signs and Other Advertising Devices and Local Planning Policy No. 18 – Advertising and Signage.

fn4 Plans to show levels Please note for future reference that levels, contours, retaining walls, drainage and sewer

lines, etc. must be shown on development plans to ensure a proper assessment can be made. Failure to provide this information may require design changes at the building permit stage, resulting in possible delays and inconvenience.

fn5 Unit/lot numbering In order to assist the Shire of Carnarvon's record keeping and application of unit numbering,

could you please ensure that the unit numbers indicated and highlighted on the plans are used in all dealings (including plans, correspondence and discussions) pertaining to this development / property.

fn6 Contribution fee in line with the Consumer Price Index In respect to Condition the contribution fee is upgraded in line with the Consumer Price

Index for Perth on 30 June and 30 December each year. The fee applicable will be determined at the time of payment and may therefore vary from the quoted figure.

fn7 Register business under Health Act You are advised that you are required to register your business prior to commencement of

operation pursuant to the requirements of the Health Act (1911) as amended. fn8 Delegation decision Please note that in order to expedite determination of planning applications, Council has

delegated to officers the power to consider applications where they comply with Council's Delegation Register. This application has been determined under Delegation provided by Council.

Rights of appeal are also available to you under the Planning and Development Act 2005 (as

amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

fn9 Decision of Council Council has determined this application. Rights of appeal are also available to you under the

Planning and Development Act 2005 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

fn10 Submission of landscape plans You are reminded to submit a landscape plan in accordance with Condition of this

approval at your earliest convenience so as to avoid any unnecessary delay at the building permit stage.

fn11 Cash-in-lieu valuations In respect to Condition , you should first submit a letter of undertaking to meet the

valuation costs, on receipt of which the Shire of Carnarvon will obtain the necessary valuations and advise you of the required cash-in-lieu contribution.

fn12 Aboriginal Heritage significance The Shire of Carnarvon contains many places of Aboriginal Heritage significance. Proponents

are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx>.

fn13 Department of Environment This Planning Approval issued by the Shire of Carnarvon does not remove any responsibility

the applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment by visiting: www.environment.wa.gov.au.

fn14 Environmental Protection and Biodiversity Conservation Act This Planning Approval issued by the Shire of Carnarvon does not remove any responsibility

the applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia by visiting:

http://www.environment.gov.au/ TOURIST ACCOMMODATION pc45 Occupation not more than 3 months within any 12 month period No chalet to be occupied by any person for more than 3 months within any 12 month period.

In this regard, the manager / operator are to maintain a register of guests which is to be made available for perusal by Shire of Carnarvon officers on demand.

pc46 Services – no cost to Shire The provision of all services, including augmentation of existing services, necessary as a

consequence of any proposed development will be at no cost to the Shire of Carnarvon. SERVICE STATION FOOTNOTE

fn19 Resource Safety referral Approval being received from the Department of Commerce for the proposed fuel bowsers

and for any additional storage of flammable liquids which may be occurring prior to occupation of the development.

CONDITIONS TO BE INCLUDED ON ALL SUBDIVISION APPROVALS Where practical and relevant to a request for comment on a subdivision application from the Western Australian Planning Commission (WAPC), the Shire will utilise the WAPC’s ‘Model Subdivision Conditions Schedule’ (Attachment 2).

EXPLANATORY NOTES:

Nil

APPLICATION/S:

http://www.dia.wa.gov.au/Heritage/default.aspx

http://www.environment.wa.gov.au/

http://www.environment.gov.au/

ATTACHMENT 1 Conditions for Planning and Subdivision Approval (Source: Department of Planning, “Making good planning decisions - Development Assessment Panel: Training Notes” June 2011, Pages 34-40) Condition setting: 3.4.1 Purpose The imposition of conditions on the approval of development applications gives a decision-maker an opportunity to: • modify the form of the physical development applied for; and • maintain control of the operations of the activity over time. Planning conditions run with the land, not with any individual applicant: Phillips and Shire of Mundaring [2009] WASAT 193. Thus, it is important that all conditions be clear and concise as to be comprehensible to any future owner. 3.4.2 Test of validity The test of validity of a condition of planning approval is well known: Newbury District Council v Secretary of State for the Environment [1981] AC 578. This test was recently endorsed by the High Court of Australia in Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30 at [57]. A condition is valid if: 1. it has a planning purpose; 2. it fairly and reasonably relates to the development; and 3. it is not so unreasonable that no reasonable planning authority could have imposed it. To this, we add a fourth limb, which is: 4. the condition is certain and final. In this section, we look at each of these four limbs to consider the types that are valid. 3.4.3 Limb 1: Must have a planning purpose A planning condition must not be imposed for an ulterior purpose. This is difficult to understand, because most conditions can be characterised as having a planning purpose. This is especially so, given the wide range of matters in clause 10.2 of the MST which must be regarded in considering an application for approval. 3.4.3(a) Notations on certificate of title As a rule, conditions requiring a notification on title which merely advise of the need for compliance with a condition of development or subdivision approval are not considered to be for a planning purposes. However, they are justified in certain circumstances. Example: Antonas v Town of Vincent [2006] WASAT 303 involved an application for a grouped dwelling which could not comply with the requirements for minimum lot area under the Residential Design Codes in circumstances where there was already a single residence on the lot in question. Under the relevant local planning scheme, there was power to reduce the minimum lot sizes where an existing dwelling which contributed to the streetscape was retained. In this case, the Tribunal noted at paragraph [40]: “In circumstances where a condition of development approval imposes a continuing obligation on the owner or occupier for the time being of the land, which affects the use or enjoyment of the land, and is unusual, it may be appropriate to impose a further condition requiring the proponent to provide written consent to the local government to the notification of the terms of the condition on the title under s 70A of the TL Act.”

3.4.3(b) Should relate to planning matters, not matters covered by other legislation It is clear from the body of case law generated by courts and tribunals around Australia over the years that conditions that seek to require compliance with a separate and distinct statutory regime are not imposed for a planning purpose. Example: In the Tribunal decision of Mann and City of Rockingham [2006] WASAT 115, the condition imposed was: “Compliance with the provisions of the City of Rockingham’s Town Planning Scheme No.2, Health Regulations, Building Regulations 1989, and Fire and Emergency Services Authority of WA Regulations and all other relevant Acts, Regulations and By-Laws. (NB. This Planning Approval does not confer Building or Health Approval which may require separate application(s) and Approval(s). It is the responsibility of the landowner(s) to make separate application as required).” This condition was found by the Tribunal to be inappropriate for 4 reasons: “[33] First, insofar as it refers to TPS 2, the consent authority must be satisfied that the proposed development is capable of approval and is appropriately the subject of approval under the applicable planning instrument before the grant of consent. [34] Second, to adapt the words of Morris J, the President of the Victorian Civil and Administrative Tribunal, and Rae M in Hasan v Moreland City Council [2005] VCAT 1931 at [20], ‘if the planning system is to be used to impose the same requirements as those imposed by the [health, building and fire] control [systems], one may ask: what is the point?’ It is generally inappropriate to impose conditions which have no utility. Insofar as the condition seeks to impose a requirement of compliance with otherwise applicable legislative provisions, it appears to have no utility. [35] Third, it is generally inappropriate to convert a non-compliance with an otherwise applicable legislative obligation into a breach of planning law. To do so might well involve altering the penalty which was considered appropriate by the legislature. [36] Fourth, it appears from the words in parentheses that the intent of the condition is to advise the developer that separate health and building approvals may be required. It is generally inappropriate for conditions to be imposed which are merely declaratory or advisory of other legal obligations.” 3.4.3(c) Must not be beyond power A condition may be considered without a proper planning purpose if the condition was made for an improper purpose, in bad faith, for an ulterior motive, or where the condition amounts to an abuse of process. Examples where decision-makers have acted beyond their broad scope of legal powers include: Ex parte SF Bowser & Co; Re Randwick Municipal Council (1927) 27 SR (NSW) 209, where a local government had power to give approval for the erection of a structure on a public place. However, whilst the council approved the plan, it did so on the condition that the structure be Australian-made, as was reflected in a relevant policy. Given the national-nature of the decision, the condition and the policy were held to be beyond the scope of a local government’s functions. In order to guard against the possibility of improper purpose or an ulterior motive, a decision-maker should attempt to keep any proper planning purpose in mind. Often this will require a focus on the proper intent, as set out in any relevant scheme, strategy, objective or other policy document. 3.4.4 Limb 2: Must reasonably relate to the development applied for 3.4.4(a) Subject of condition must relate to the development The condition must relate to the development which was applied for, although it is not an impediment if it also benefits other land or the public at large. Example 1:

In Perrymead Investments Pty Ltd v Western Australian Planning Commission (1996) 16 SR (WA) 181, a case concerning the review of a condition of subdivision approval which required that an existing unsealed road be upgraded and sealed, the Town Planning Appeal Tribunal held at [186]: “The test of the validity and scope of a condition in this State is whether it fairly and reasonably relates to the development. The decision of [Cardwell Shire Council v King Ranch Australia Pty Ltd (1984) 58 ALJR 386], although in the context of Queensland legislation, stands for the proposition that should have application in Western Australia: the condition can be said to reasonably relate if it arises from changes precipitated by the development or subdivision. If it does reasonably relate, then it is not fatal if the condition also benefits the public at large to a greater or lesser degree.” Example 2: In the case of Empire Securities Pty Ltd and Ors and Western Australian Planning Commission [2005] WASAT 98, the WAPC imposed the following condition on a residential subdivision approval: “11. Satisfactory arrangements being made with the Western Australian Planning Commission for the upgrading of Chamberlain Street and Southern River Road to an urban standard where it abuts the application area. (LG)” The Commission argued that people purchasing the land would expect an ‘urban standard’ rather than a ‘rural standard’. No evidence was provided to show that the roads needed any upgrading, nor that the subdivision would impact upon the existing standards of the roads. The Tribunal in this case determined that there was no nexus between the subdivision and the condition. 3.4.4(b) Conditions must support that which has been applied for, not significantly change it Conditions of planning approval should not be used to constrain significantly either the design of a development, or the operation of a use. Example 1: In the decision of Land Alliance Pty Ltd and City of Belmont [2005] WASAT 100 the Tribunal quoted Kipa Freeholds Pty Ltd v Development Assessment Commission (1999) LGERA 414 at 423, where Debelle J made the following observations in relation to the imposition of conditions: “The power to impose conditions is vested in a planning authority for the purpose of enabling it to regulate incidental aspects of the development so that it does not have an adverse effect upon the amenity of the neighbourhood of the development, either in the course of construction or when the development is completed. … The power to impose conditions is not provided to enable a planning authority to alter the nature of the proposal and hedge it about with conditions which are unworkable, unenforceable, and seek to confine the development from being used in the ordinary way. Resort to the use of such conditions is tantamount to an acknowledgement that the proposed development is inappropriate for the subject land. If a planning authority imposes this latter kind of condition, it is using the power to impose conditions for a purpose which was not intended because it goes beyond incidental aspects of the intended land use and strikes directly at the intended land use.” Example 2: In the decision of Allsure Pty Ltd and Western Australian Planning Commission [2006] WASAT 145, an application was lodged for approval of six lots fronting the South Western Highway in Capel. The application was approved with the following the condition imposed: “The land required for the proposed Waroona Bypass … being shown as a separate lot … for future acquisition … and the balance of proposed Lots 2, 3, 5, 6 and the cul-de-sac being redistributed and/or relocated in order to ensure a suitable industrial lot configuration to the satisfaction of the WAPC.” The Tribunal held that such a condition amounted to a refusal, because it approved a significantly different subdivision.

3.4.4(c) Temporal relationship Care must be taken in imposing conditions that the condition relates temporally to the development. That is, that it relates to the development currently applied for or is imminent – rather than a proposal, which may not eventuate. In certain circumstances it is appropriate to look beyond what is currently being applied for, but unless it is likely that further development or subdivision is imminent, it is safer to avoid a condition of this nature. Example 1: Since the High Court decision of Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30, there has been a much greater acceptance of imposing conditions on subdivision approvals, at least which relate to further subdivision stages. In Western Australian Planning Commission v Temwood Holdings Pty Ltd, McHugh J observed, at [72] that: “The condition need not relate to the subdivision in question, if the subdivision is one of a series of subdivisions of a larger parcel of land, and the condition relates to the larger parcel of land as a whole. In Lloyd v Robinson, this Court held that the Commission may impose a condition on a grant of subdivision approval that requires the giving up of another area of land for purposes relevant to the subdivision of the first. That condition must be ‘imposed in good faith and not with a view of achieving ends or objects extraneous to the purposes for which the discretion exists’. The Court also held that the condition need not relate to the subdivision in question, if the subdivision is one of a series of subdivisions of a larger parcel of land, and the condition relates to the larger parcel of land as a whole. Even if the condition approved by the Tribunal did not relate to the land the subject of the subdivision applications, Lloyd v Robinson supports the proposition that the condition reasonably and fairly related to the approved development. This is because the condition clearly related to the Land as a whole.” Example 2: The Tribunal relied upon the decision in Temwood in the decision of Sin-Aus-Bel Pty Ltd and Western Australian Planning Commission [2006] WASAT 266. In this case, a condition was imposed requiring the ceding of foreshore land on an amalgamation of 4 lots and the subdivision of that land into 4 lots. That is, the application proposed no intensification of development that might give rise to the need for the foreshore land. The evidence showed that the land was being subdivided to allow for further development of the land for higher density residential uses. The Tribunal held in this case that a condition could be reasonably related if it constituted a step towards the intensification of development: “…it is my view, appropriate to have regard to “the changes that the subdivision is likely to produce”, not by looking no further than the creation of the new lot boundaries, but by looking at the proposal in its full context”. 3.4.5 Limb 3: Not be unreasonable A condition will be unreasonable where if assessed objectively, it would not have been imposed by any reasonable planning authority lawfully carrying out its duty. Whether a condition is unreasonable really infers to whether what is imposed is proportional to what has been applied for. So, in a circumstance where a development of a 10-lot subdivision gives rise to the need for upgrading a road, and the condition requires the construction of a 4-lane highway, this would be considered so unreasonable that no reasonable planning authority could impose it. Example 1: An example of such a condition can be found in the decision of Western Australian Planning Commission v Erujin Pty Ltd (2001) 115 LGERA 24. Erujin sought approval to subdivide a 132 hectare lot containing the Wungong Brook, and an area reserved under the Metropolitan Region Scheme for Parks and Recreation, into 2 lots. The proposed smaller lot comprised solely the Brook and the P&R Reservation. The Commission imposed a condition which required the whole of one lot to be ceded free of cost. On appeal to the Town Planning Appeal Tribunal, the condition was deleted because “the imposition of condition 1 was not supported by relevant planning considerations”.

The Tribunal also observed that the evidence before it did not satisfy it that the management and maintenance of the reserved land demanded that it be ceded to and owned by the Crown. The Tribunal’s decision was appealed by the Commission to the Supreme Court. In the Supreme Court, Miller J found in favour of Erujin that: (a) the two lot subdivision (i.e. a ‘superlot’ subdivision) generated no requirement for public open space at all; and(b) nothing in the subdivision guideplan or any statement of planning policy required or supported the ceding of one of the two subdivided lots. Example 2: In the decision of LWP Property Group Pty Ltd and City of Swan [2006] WASAT 308, it was found that requiring a subdivider to maintain landscaping for five years was unreasonable, where the industry practice and the City’s planning scheme specified two years. 3.4.6 Limb 4: Be certain and final 3.4.6(a) A condition must not lack finality (i.e. be ambulatory in nature) A condition is considered to lack finality when it leaves open a requirement to obtain a further approval, particularly in instances where the approval might change important aspects of the approval. It is sometimes difficult to avoid having conditions of development approval that lack finality, particularly when the decision-maker is relying upon the technical expertise of another agency, such as Main Roads WA or the Water Corporation. In these cases, one way around the issue is to word the condition in such a way that while advice is sought from the relevant technical agency, the condition is ultimately cleared by the decision-maker. For example: “High Street to be upgraded in accordance with the requirements of Main Roads of Western Australia, to the satisfaction of the Western Australian Planning Commission.” Example: The leading case in this area is Hill v State Planning Commission (Appeal No.5 of 1994 – 16 August 1994). The conditions in question were in the following terms: “8. The land being filled and/or drained at the subdivider’s cost to the satisfaction and specifications of the

Local Authority, and any easements and/or reserves necessary for the implementation thereof, being provided free of cost to the Council and in accordance with its requirements. (LA).

9. Satisfactory arrangements being made with the Local Authority for the upgrading of Bullfinch Street (LA).”

The Tribunal in this case stated: “A condition which purports to leave a matter to the satisfaction of another authority is not ipso facto invalid. When the determination of an essential element of what is sought in the application is left for future consideration by another authority which could, when it comes to be determined, alter the proposed development significantly, the condition will be invalid.” The Tribunal was of the view that a condition of subdivision approval which leaves for a later decision important aspects of the development such as roads, which could have the effect of altering the development in a fundamental respect, was invalid, stating: “The Tribunal finds as a general principle that landowners cannot reasonably be expected to comply with conditions in respect of subdivision approvals when such conditions are expressed to be subject to the satisfaction of a local government authority or other third party. The imposition of such ambulatory conditions are the antithesis of valid contractual arrangements between an applicant for approval and the approval authority. It is the Tribunal’s view that planning conditions should have a high degree of certainty to enable appellants to comply with such conditions and enable the Respondent to ensure reasonable compliance with such conditions. The Tribunal therefore finds that conditions which leave matters to the discretion of a local authority or other third party lack the appropriate finality as a determination of subdivision approval, or for that matter, planning consent.

The Tribunal is of the view that it is important for the Respondent to express with some degree of precision the conditions attaching to subdivision approval and the requirements which will be deemed to be final compliance with such conditions.” 3.4.6(b) Condition must not be uncertain A condition will be uncertain where no meaning or sensible meaning can be found: Hill v State Planning Commission. Example: In the decision of Randall and Town of Vincent [2005] WASAT 129, the Tribunal discussed the certainty of conditions imposed on the approval of an extension to an existing tavern. The conditions were: “(a) CONDITIONAL INCREASE of seventy (70) additional patrons to the existing 400 to a maximum of 470, subject to review and support from the Chief Executive Officer, a two week consultation period and a report to Council after six months and 12 months performance assessment of the number of formal complaints and other relevant information regarding community impact; (b) compliance with the Management Plans detailed under clause (iv); and (d) ongoing compliance with all relevant Environmental Health, Engineering and Building requirements.” In the related decision, Randall and Town of Vincent [2005] WASAT 147, the Tribunal noted: “[14] Before making the orders set out at [9] above, I indicated to Mr Bain that conditions (a), (b) and (d), as imposed by the respondent, appeared to have had the effect that the development approval lacked finality and/or certainty, such that the Tribunal could not, irrespective of the merits of the argument between the parties, lawfully impose conditions in that form. I had in mind the decision of the New South Wales Court of Appeal in Mison v Randwick Municipal Council (1991) 23 NSWLR 734 (‘Mison’). In Mison, Clarke JA (with whom Meagher JA agreed) held at 740 as follows: “The principle that a valid consent must be final and certain is established and was accepted by the parties. The point was expressed by Wells J in terms which, with respect, I find persuasive in Corporation of the City of Unley v Claude Neon Ltd (1983) 32 SASR 329 at 332; 49 LGRA 65 at 68. His Honour said: ‘ … For this purpose it is essential to bear in mind that the granting of a consent is an act in law that is final in the disposition of the application: the consent must be either refused, or granted unconditionally, or granted subject to conditions. A condition which imparts to a consent a quality in virtue of which it ceases to be final is not one, in my judgment, that falls within the structure of the Act. A condition so annexed ought to be directed, and directed only, to circumscribing, with reasonable particularity, the acts of land use to which the authority or tribunal has given its consent, which would otherwise be unlimited in its generality and effect. ... Where a consent has been granted in terms which leave open for later decision a particular aspect of the planned development the question may arise whether the consent is final. Where a consent leaves for later decision an important aspect of the development and the decision on that aspect could alter the proposed development in a fundamental respect it is difficult to see how that consent could be regarded as final.’” [15] In relation to this latter principle, Priestley JA (with whom Meagher JA also agreed) said at 737 as follows: ‘Certainly, in my opinion, if the fulfilment of a condition imposed upon a consent will significantly alter the development in respect of which the application was made, there has been no consent to the application. Further however, if the effect of an imposed condition is to leave open the possibility that development carried out in accordance with the consent and the condition will be significantly different from the development for which the application was made, then again, it seems to me that the Council has not granted consent to the application made.’ ... [19] Condition (d), which required “ongoing compliance with all relevant Environmental Health, Engineering and Building requirements”, was uncertain in both meaning and scope. It did not circumscribe “with reasonable particularity the acts of land use to which the authority or tribunal has given its consent” (to borrow Wells J’s words in the passage quoted at [14] above).

Moreover, given that use of land otherwise than in compliance with any condition imposed on the grant of development approval constitutes a criminal offence (TPS1 cl 53; Metropolitan Region Town Planning Scheme Act 1959 (WA) s 42), it is essential that conditions of development approval are stated with particularity so that those who act on them do not inadvertently commit an offence.” 3.4.7 Use of management plans and legal agreements While there are yet to be any decisions of the Tribunal on this matter, it is questionable whether management plans and legal agreements are endowed with the requisite finality to comply with the requirements of Hill. There are some situations where it is beneficial to allow the applicant and the decision-maker to keep open for discussion certain operational aspects of the development, rather than impose a rigid condition of approval, which allows for no flexibility. However, significant aspects of a development should not be left to be dealt with through documents of this type. The question should always be asked – can this be dealt with by condition rather than by a further document? 3.4.8 Advice Notes The Tribunal has determined in a recent case that advice notes are not legally enforceable, and will not be contemplated by the Tribunal in issuing an approval: Empire Securities Pty Ltd and Ors and Western Australian Planning Commission [2005] WASAT 98. As the Tribunal is effectively remaking the decision in accordance with power of the decision-maker at first instance, it follows that neither a local government nor the Commission has power to impose advice notes that are legally enforceable. Furthermore, where the advice notes seek clarification on the meaning of a condition of the approval, it is questionable what weight that advice note would be given if challenged. It is therefore imperative that a condition of approval include within its text the means of satisfying the condition, rather than leaving those details for a separate document. 3.5 Refusing a development application There are times when development applications cannot be approved as proposed, and cannot be conditioned to make them acceptable. The question then is how best to refuse a development application. The short answer is that reasons for a refusal must be given, and those reasons must relate to a failure to comply with relevant planning considerations. Decision-makers have an obligation to exercise their statutory responsibilities properly. Making a decision based upon irrelevant considerations undermines confidence in the planning system, and exposes a decision-maker to an order for costs, if the applicant is successful upon a review of that decision at the SAT. Therefore, it is important that reasons be seen as based on sound planning principles, and not be seen as catering to the views of an individual or select group of individuals. A decision to refuse an application should provide the specific reasons for refusal, with reference to the particular scheme provision or policy that the application offends. One should keep in mind that if the applicant seeks a review of the refusal, the reasons may be subject to a high level of external scrutiny. Thus, broad generalised statements should be avoided. It is also important that all reasons be stated, as there may otherwise be an assumption that decision-makers are satisfied with other specified grounds. This is especially important when decision-makers choose to depart from any prior recommendation prepared by assisting staff. Example: In the decision of Pelliccione and Town of East Fremantle [2009] WASAT 143, the Town refused to give planning approval for a proposed loft, which was a variation of a previous approval negotiated in 2006 by way of mediation. The refusal was made against the recommendation of its own town planner. However, the only reason the Town gave for its decision was the “concessions already granted in the mediated outcome”, and no reasons were given as to why it departed from its town planner’s recommendation. The Tribunal described these reasons for refusal as “inapposite” or unsuitable.

SCHEDULE 8.3.5(i) – MAPS

1. 512 North River Road (maps downloaded from Intramaps 16/6/14)

Ancillary Accom 1 & 2

SCHEDULE 8.3.5(ii) – ANCILLARY ACCOMMODATION 1 PICTURES 26 February 2014

1. Ancillary Accommodation 1-Frontage & Main Entrance



4. Ancillary Accommodation 1- West Side (exterior damage to structure)

5. Ancillary Accommodation 1-West Side (exterior damage to structure)

6. Ancillary Accommodation 1- North-Western Corner-Side (exterior damage to structure)



9. Ancillary Accommodation 1- Northern Side (damage to exterior walls and window)

10. Ancillary Accommodation 1- Northern Side (various damage to exterior panelling)

11. Ancillary Accommodation 1- Rear Entrance (damage to exterior wall panelling)

12. Ancillary Accommodation 1- Bedroom on North-East Corner (weakened ceiling stripping)

13. Ancillary Accommodation 1- Rear Enclosure- North (exterior roof sheeting displays signs of corrosion and rust damage)

14. Ancillary Accommodation 1- Rear Enclosure – North (damaged sliding glass door off-tracks)

15. Ancillary Accommodation 1- Kitchen/Dining (section of ceiling cornering missing – possible pest access)

16. Ancillary Accommodation 1- Kitchen/Dining (section of ceiling cornering missing – possible pest

access)

17. Ancillary Accommodation 1- Kitchen/Dining (ceiling cornering displays signs of damage and weakness,

accumulation of dust and evidence of insect activity i.e. spider webs)

18. Ancillary Accommodation 1- Kitchen/Dining (no ceiling cornering leaving exposed gaps between wall

and ceiling)

19. Ancillary Accommodation 1- Kitchen/Dining- view to Front Entrance (sloping floor in Kitchen/Dining area leading to Bedroom (left) and Front Living Room (ahead)

20. Ancillary Accommodation 1- Kitchen/Dining-view to Front Entrance

21. Ancillary Accommodation 1- Bedroom (ceiling corners display signs of damage)

22. Ancillary Accommodation 1- Front Living Room (flaking ceiling paint/covering)

23. Ancillary Accommodation 1- Front Living Room (flaking ceiling paint/covering, broken & damaged internal walls and unfilled AC/window cut-out in outer wall)

24. Ancillary Accommodation 1- Front Living Room (broken & damaged internal walls)



27. Ancillary Accommodation 1- Front Bedroom (broken & damaged internal walls)

28. Ancillary Accommodation 1- Front Bedroom Ceiling (flaking ceiling paint/covering)

SCHEDULE 8.3.6(i) – MAPS

1. 512 North River Road (maps downloaded from Intramaps 16/6/14)

Ancillary Accom 1 & 2

SCHEDULE 8.3.6(ii) – ANCILLARY ACCOMMODATION 2 PICTURES 26 February 2014

1. Ancillary Accommodation 2 – Front & Main Entrance (uneven roof line)

2. Ancillary Accommodation 2 – Side (West) - (uneven roof line)

3. Ancillary Accommodation 2 – Side (West) (uneven rood line)

4. Ancillary Accommodation 2 – Roof (uneven roof line)

5. Ancillary Accommodation 2 – Roof (uneven rood line/sheeting)

6. Ancillary Accommodation 2 - Rear (uneven roof line & failure supporting column)

7. Ancillary Accommodation 2 - Rear(uneven roof line & failure supporting column)

8. Ancillary Accommodation 2 – Outhouse Ablutions (Bathroom) – (no ceiling & exposed

electrical wiring)

9. Ancillary Accommodation 2 – Outhouse Ablutions (Bathroom) - (no ceiling & exposed

electrical wiring)


electrical wiring)


electrical wiring)

12. Ancillary Accommodation 2 – Outhouse Ablutions (Toilet) – (damage to door)

13. Ancillary Accommodation 2 – Outhouse Ablutions (Toilet)

14. Ancillary Accommodation 2 – Outhouse Ablutions (Toilet) – (no ventilation provided)

15. Ancillary Accommodation 2 – Outhouse Ablutions (missing section of roof cornering)

16. Ancillary Accommodation 2 – Outhouse Ablutions (Exterior) – (missing exterior panels)

17. Ancillary Accommodation 2 – Rear (damage to exterior walls)

18. Ancillary Accommodation 2 – Kitchen/Dining (Ceiling) – (water marking on ceiling)

19. Ancillary Accommodation 2 - Kitchen/Dining (Ceiling) Kitchen – (ceiling water mark)

20. Ancillary Accommodation 2 – Front Living Room (personal items indicate evidence of

habitation)

21. Ancillary Accommodation 2 – Bedroom 1 (Ceiling) – (extensive water marking)

22. Ancillary Accommodation 2 – Bedroom 1 (Ceiling) – (extensive water marking)

23. Ancillary Accommodation 2 – Bedroom 1 (ceiling water marking)

24. Ancillary Accommodation 2 – Bedroom 2 (Ceiling) – (water marking to ceiling)

25. Ancillary Accommodation 2 - Bedroom 2 (build-up between ceiling cornering and walls)

26. Ancillary Accommodation 2 - Bedroom 2 (Ceiling) - (build-up between ceiling cornering and

walls)

27. Ancillary Accommodation 2 - Bedroom 2 – (gaps between ceiling and walls)

28. Ancillary Accommodation 2 – Exterior Side (West) – (damage to exterior walls)

29.

SCHEDULE 8.3.7 (i) TENDER 03/2014 COMPLIANCE AND QUALITATIVE CRITERIA FOR THE CONTRACT FOR SUPPLY AND DELIVERY OF ELECTRICAL SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES Compliance Criteria

Description of Compliance Criteria

a)

Tenderer Profile

i. Provide the Tenderer’s Australian Business Number (ABN) and Registered Entity Name.

ii. Provide details of the Tenderer’s person authorised to prepare your response to this Request including; full name, position title, postal address, phone number and email address.

iii. Is your organisation acting as a trustee of a trust? If yes, give the name of the trust.

Provide the above information as an Attachment marked ‘Tender Profile’.

b)

Tenderer’s Declaration

i. By indicating compliance I (The Tenderers Authorised Person) We (The Tenderer) agree that I am/We are bound by, and will comply with the Conditions of Tender contained in this Request.

I/We agree that there will be no cost payable by the Principal towards the preparation or submission of this Request irrespective of its outcome.

By submitting this Response, I the person named as the authorised person, confirm my understanding that by lodging a Tender, in accordance with Part 1 of this Request, I understand no physical signature is required on this Declaration; that by lodging this Tender I am automatically providing an electronic signature for this Declaration in accordance with the Electronic Transactions Act 1999 (Cth) and corresponding state and territory acts.

Provide the above information as an Attachment marked ‘Tenderer’s Declaration’.

c)

Financial Position

i. Does your organisation have the ability to pay all debts in full as and when they fall due? (If no, please provide details)

ii. Does your organisation have any current litigation, claim or judgement as a result of which you may be liable for $50,000 or more? (If yes, please provide details)

iii. Will you co-operate with an independent financial assessor during the conduct of financial assessments? (If no please outline your reason why)

Provide the above information as an Attachment marked ‘Financial Position’.

d)

Conflict of Interest

i. Will any actual or potential conflict of interest in the performance of your obligations under the Contract exist if you are awarded the Contract, or are any such conflicts of interest likely to arise during the Contract?

Provide the above information as an Attachment marked ‘Conflict of Interest’.

e)

Insurance Details

i. Please provide your Certificate of Currency for all the insurances as detailed to meeting the requirements of the Request for the following:

• Motor Vehicle Insurance Insurer; Broker / Policy Number / Value ($) / Expiry Date

• Public and Products Liability Insurance Insurer; Broker / Policy Number / Value ($) / Expiry Date

• Workers Compensation Insurance Insurer; Broker / Policy Number / Value ($) / Expiry Date

Provide the above information as an Attachment marked ‘Insurance Details’.

f)

Addenda / Acknowledgement

i. Tenderers are to acknowledge receipt of any addenda issued and whether you have allowed for any price adjustments resulting in any issued addendum

Provide the above information as an Attachment marked ‘Addenda / Acknowledgement’.

g)

Critical Assumptions

i. State any assumptions they have made that are critical to the Proposal, including assumptions relating to pricing and ability to provide the Requirements in the manner specified in this Request.

Provide the above information as an Attachment marked ‘Critical Assumptions’.

h)

Registrations/Licencing Requirements

i. Provide details of the necessary licence requirements to undertake these Services, including: person/organisation holding licence, currency of licence, licence number, licencing authority.

Provide the above information as an Attachment marked ‘Registrations/Licencing Requirements’.

i)

Pricing

i. Complete and upload the Price Schedule in the format provided.

Provide the above information as an Attachment marked ‘Pricing’.

j)

Code of Conduct

i. Are you prepared to sign the Shire of Carnarvon’s Code of Conduct? The Code of Conduct can be downloaded from the Shire of Carnarvon’s web site.

Indicate compliance – Yes / No

k) Occupational Safety and Health

i. Does your organisation have an OS&H policy compliant with State Legislation?


Qualitative Criteria Before responding to the following qualitative criteria, Tenderers must note the following:

• All information relevant to your answers to each criterion are to be contained within your Tender;

• Tenderers are to assume that the Evaluation Panel has no previous knowledge of your organisation, its activities or experience;

• Tenderers are to provide full details for any claims, statements or examples used to address the qualitative criteria; and

• Tenderers are to address each issue outlined within a qualitative criterion.

Qualitative Criteria Weighting

a)

Experience

i. Provide details of your organisation’s recent experience in supply of Goods and Services as specified in the Scope of Works. Include in your response the client details (nominate a referee of each client with phone number and email address), contract duration, approximate value, contract deliverables and location of services.

ii. Provide a company profile that outlines the Tenderers business structure, number of years in business, service offering, number of staff, number of branches and list of major clients.

Tenderers must address the above information in an attachment and label it ‘Experience’.

40%

b)

Resources

i. Detail the personnel and/or subcontractors to be utilised in conducting the Requirements of this Request to assess the suitability for the service. Include relevant information such as experience, registrations or licences currently held, their intended role and training undertaken.

30%

ii. Detail equipment and other resources that are available for the performance of the proposed Contract. Propose how equipment and other resources are to be maintained during the Contract, including identifying any external suppliers that may be utilised.

Tenderers must address the above information in an attachment and label it ‘Resources’.

d)

Relationship Management

i. Demonstrate the Tenderers track record and intent for this Contract to manage contractual relationships effectively in partnership with local governments, state government departments or statutory authorities or commercial enterprise to achieve contract objectives.

Tenderers must address the above information in an attachment and label it ‘Relationship Management’.

30%

SCHEDULE 8.3.8 (i) TENDER 04/2014 COMPLIANCE AND QUALITATIVE CRITERIA FOR THE CONTRACT FOR SUPPLY AND DELIVERY OF PLUMBING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES Compliance Criteria


a)

Tenderer Profile





b)






c)

Financial Position





d)




e)

Insurance Details






f)




g)




h)




i)

Pricing



j)

Code of Conduct








• Tenderers are to assume that the Evaluation has no previous knowledge of your organisation, its activities or experience;




a)

Experience




40%

b)

Resources


30%



d)




30%

SCHEDULE 8.3.9 (i) TENDER 09/2014 COMPLIANCE AND QUALITATIVE CRITERIA FOR THE CONTRACT FOR SUPPLY AND DELIVERY OF AIR-CONDITIONING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES Compliance Criteria


a)

Tenderer Profile





b)






c)

Financial Position





d)




e)

Insurance Details






f)




g)




h)




i)

Pricing



j)

Code of Conduct












a)

Experience




40%

b)

Resources


30%



d)




30%

SCHEDULE 8.3.10 (i) TENDER 02/2014 COMPLIANCE AND QUALITATIVE CRITERIA FOR THE CONTRACT FOR SUPPLY AND DELIVERY OF CLEANING SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES Compliance Criteria


a)

Tenderer Profile





b)






c)

Financial Position





d)




e)

Insurance Details






f)




g)




h)




i)

Pricing



j)

Code of Conduct












a)

Experience




40%

b)

Resources


30%



d)




30%

SCHEDULE 8.3.11 (i) TENDER 10/2014 COMPLIANCE AND QUALITATIVE CRITERIA FOR THE CONTRACT FOR SUPPLY AND DELIVERY OF SECURITY SERVICES TO SPECIFIED SHIRE BUILDINGS AND FACILITIES Compliance Criteria


a)

Tenderer Profile





b)






c)

Financial Position





d)




e)

Insurance Details






f)




g)




h)




i)

Pricing



j)

Code of Conduct












a)

Experience




40%

b)

Resources


30%



d)




30%

Schedule 8.3.12 (i)

PARKING REGION DEFINED PARKING AREAS

Schedule 8.3.12 (ii)

Schedule 8.3.13(i) Application for miscellaneous license

Schedule 8.3.14(i) Request for Comment

Schedule 8.3.15 (i) Bivouac Site Plan

SHIRE OF CARNARVON MINUTES ORDINARY COUNCIL ...

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