COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

13 August 2014

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 13 August 2014

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council  will be held in the the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 13 August 2014, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

1 August 2014


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 13 August 2014

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening and Announcement of Visitors. 5

2....... Attendance. 5

Apologies. 5

Approved Leave of Absence. 5

3....... Prayer. 5

4....... Public Question Time. 5

Response to Previous Questions Taken on Notice. 5

Public Question Time. 5

5....... Announcements Without Discussion.. 5

Announcements by the Presiding Member. 5

Announcements by other Members at the invitation of the Presiding Member. 5

6....... Application for Leave of Absence. 5

7....... Petitions and Presentations. 5

8....... Disclosure Of Interests. 5

9....... Confirmation and Receipt Of Minutes. 5

Previous Council Meetings. 5

9.1          Minutes of the Council  held on 23 July 2014. 5

9.2          Minutes of the Special Council held on 30 July 2014. 5

Committee Meetings. 6

9.3          Minutes of a meeting of the Policy and Legislation Committee held on 17 July 2014. 6

10..... Reports of Committee. 7

10.1        Policy and Legislation Committee - 17/07/2014 - TRADING IN PUBLIC PLACES POLICY REVIEW.. 7

10.2        Policy and Legislation Committee - 17/07/2014 - DRAFT COMMUNITY FACILITIES BOOKING POLICY. 17

10.3        Policy and Legislation Committee - 17/07/2014 - PROPOSED CITY OF BUSSELTON DOGS LOCAL LAW 2014. 27

10.4        Policy and Legislation Committee - 17/07/2014 - SALARY PACKAGING POLICY. 73

11..... Planning and Development Services Report. 86

11.1        REVIEW OF THE CITY OF BUSSELTON'S ENERGY ACTION PLAN.. 86

11.2        PROPOSED FINAL ADOPTION OF HERITAGE LIST FOLLOWING PUBLIC CONSULTATON AND UPDATE ON REVIEW OF THE MUNICIPAL HERITAGE INVENTORY. 114

12..... Engineering and Work Services Report. 137

Nil

13..... Community and Commercial Services Report. 137

Nil

14..... Finance and Corporate Services Report. 137

Nil

15..... Chief Executive Officer's Report. 138

15.1        COUNCILLORS' INFORMATION BULLETIN.. 138

16..... Motions of which Previous Notice has been Given.. 146

Nil

17..... Confidential Reports. 147

17.1        COASTAL ADAPTATION PLANNING – PROGRESS REPORT AND FUTURE DIRECTION

This report contains information of a confidential nature in accordance with Section 5.23(2(d) of the Local Government Act 1995, as it contains information relating to legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting

18..... Questions from Members. 147

19..... Public Question Time. 147

20..... Next Meeting Date. 147

21..... Closure. 147

 


Council                                                                                      5                                                                    13 August 2014

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Nil

3.               Prayer

The prayer will be delivered by Reverend Desiree Snyman from St George’s Anglican

4.               Public Question Time

Response to Previous Questions Taken on Notice 

Public Question Time

5.               Announcements Without Discussion

Announcements by the Presiding Member 

Announcements by other Members at the invitation of the Presiding Member

6.               Application for Leave of Absence

7.               Petitions and Presentations 

8.               Disclosure Of Interests

9.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

9.1             Minutes of the Council  held on 23 July 2014

Recommendation

That the Minutes of the Council  Meeting held 23 July 2014 be confirmed as a true and correct record.

 

9.2             Minutes of the Special Council held on 30 July 2014

Recommendation

That the Minutes of the Special Council Meeting held 30 July 2014 be confirmed as a true and correct record.

 

Committee Meetings

9.3             Minutes of a meeting of the Policy and Legislation Committee held on 17 July 2014

 

RECOMMENDATION

 

1)         That the minutes of a meeting of the Policy and Legislation Committee held on 17             July 2014 be received.

2)         That the Council notes the  outcomes of the Policy and Legislation Committee held           on 17              July 2014 being:

             a)            The Trading in Public Places Policy Review is presented for Council                                         consideration at Item 10.1 of this agenda.

             b)            The Draft Community Facilities Booking Policy is presented for Council                                 consideration at Item 10.2 of this agenda.

             c)            The Proposed City of Busselton Dogs Local Law 2014 is presented for Council                    consideration at Item 10.3 of this agenda.

             d)            The Salary Packaging Policy is presented for Council consideration at Item                           10.4 of this agenda.

 

 

 


Council                                                                                      7                                                                    13 August 2014

10.             Reports of Committee

10.1           Policy and Legislation Committee - 17/07/2014 - TRADING IN PUBLIC PLACES POLICY REVIEW

SUBJECT INDEX:

Market and Food Stalls

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Services

REPORTING OFFICER:

Environmental Health Coordinator - Tanya Gillett

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

A revision of the Trading in Public Places Policy is required to address issues raised by the community, license holders and City officers as well as improve and update the Policy.  The Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2014.

 

 

BACKGROUND

 

Mobile food vehicles/stalls/vendors provide an important service to the community and visitors particularly in locations where retail premises or permanent places of business are not available to the consumer.  These are currently administered under the Trading in Public Places Local Law under the guidance of the Trading in Public Places – Standard Conditions of Approval Version 2 (the Policy).  In order to ensure that this Policy remains current and continues to reflect the needs of the community, it is periodically reviewed and updated. 

 

Recent requests by the community, City officers and license holders have been made to endorse applications that have been considered outside the scope of this Policy and it is now proposed that a review be undertaken to address the issues presented.

 

STATUTORY ENVIRONMENT

 

Local Law Relating to Trading in Public Places

Local Government Property Local Law 2010

 

RELEVANT PLANS AND POLICIES

 

Trading in Public Places – Standard Conditions of Approval Version 2

Commercial Hire Sites Policy

 

FINANCIAL IMPLICATIONS

 

There are no budgetary considerations required as a result of this report or revised Policy.  A review of the Trading in Public Places Local Law is currently being completed which will be superseded by the Activities in Thoroughfares and Public Places Local Law which will address licencing fees and provide a general update to the legislation at this time. 

 

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

Key Goal Area 1

 

A welcoming, inclusive, healthy and capable community that provides accessible services for all residents.

 

RISK ASSESSMENT

 

An assessment of the potential implication of implementing the officer recommendation has been undertaken using the City’s risk assessment framework.  The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater.  No such risks were identified.

 

CONSULTATION

 

Should the revised Trading in Public Places Policy be accepted by Council, it will be advertised inviting written submissions for consideration to be completed by Friday 10 October 2014.  Once all submissions are assessed, a report will be brought back to the Policy and Legislation Committee at its 20 November 2014 meeting for further determination at this time. 

 

OFFICER COMMENT

 

The Trading in Public Places Policy (the Policy) has been effectively providing guidance to the enforcement of the Trading in Public Places Local Law for some time but recently the City has been questioned on a number of the requirements within the Policy, driving the need for a review of some components.  Each of these components will be discussed separately.

 

1.    300m rule – Currently clause 3.3(c) of the Policy states as follows:

Mobile food vehicles/vendors are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;

1)    without prior approval to operate in such locations being sought,

2)    submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

 

With the City’s increasing number of events and markets being approved, particularly on the Busselton Foreshore, this clause is increasingly difficult to administer.  During City approved events and markets, increased numbers of attendees at these locations places an increased demand on retail premises and permanent places of business, often to the point where these outlets become overwhelmed.  To enhance the visitor experience during these times, it is proposed that there be the ability for Council to exercise a relaxation of this clause where it can be demonstrated that the number of attendees proposed at the City approved event or market may overwhelm existing business or the service to the community during this time may become inadequate. 

 

Further, where Council determines that an event or market will be disadvantaged or lose its character or usefulness without the operation of mobile food vehicles/vendors within 300m of an existing retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader, then a mobile trader be permitted within 300m.  An example of this would be an application for say a Wine Fair located across the road from a premises approved to sell packaged liquor.  Currently the Policy would not permit wine vendors without permission from the adjacent permanent premises and the hypothetical Wine Fair would be deemed disadvantaged should this rule be applied.  Notwithstanding, the strategic and economic benefits an event such as a hypothetical Wine Fair may bring to the region, in instances such as these a common sense approach would be to permit a relaxation of this clause for the success of the Wine Fair.

 

Additionally, the City’s Market Policy has designated Lions Park as a suitable location to conduct the Dunsborough based markets.  Conflicts have arisen with the 300m rule in this location as much of the produce presented at these markets is available for purchase within established business premises within 300m.  For example, fresh produce presented for sale at the market is also available at a fruit and vegetable outlet, and two supermarkets both within 300m of Lions Park.  Markets attract the community and visitors into the Dunsborough CBD in their own right.  While it may be argued by individual businesses that the markets have a detrimental impact while they are located in Lions Park, collectively local business may benefit from the increased customer population drawn into the area by virtue of the markets.

 

For these reasons, it is recommended that changes be made to the Policy to accommodate duplication of available products within City approved events and markets only.  Appropriate discretion is also required to ensure that the City has the right of refusal for these stalls based on the needs of the attendees and the event or market being adequately catered for within the vicinity of the event or market and/or the event or market not attracting the number of attendees to warrant relaxation of this clause.  Revisions have been made within the Policy to reflect these proposals.

 

2.    Dogs at Market Stalls – Currently a prohibition exists for stallholders to bring dogs onsite to any market stall.  Recently, an approach to Council by a greyhound awareness group to bring their dogs to the markets to raise awareness of the plight of these dogs after the completion of their racing careers and the need for re-homing, has resulted in the need to reconsider this prohibition.  While the bringing of dogs to markets by stallholders should not be encouraged due to the dogs being tied up and left during the operation of the market, it is suggested that concessions may be applied where the group can demonstrate the following:

·    they belong to a registered not for profit organisation;

·    they complete an application to the City that details the intentions of their stall and that the intention is not for the sale of animals only;

·    the application satisfies the City that the dogs are separated from the general market, such as being within a marquee, they are under the care and control of designated and adequately trained handlers at all times and the application can demonstrate how the animal interaction with the general public will occur in a controlled environment; and

·    the application is accompanied by a Risk Management Plan detailing the care and control of the dogs at all times from arrival at the market, during the market stall operation and removal from the market.  This Risk Management Plan will also detail how the interactions with the general public will occur.

Failure to meet these conditions to the satisfaction of the City will result in the application for dogs to be permitted at a market stall being refused.  Revisions have been made within the Policy to reflect these proposals. 

 

It should also be noted that should a market be held in a dedicated dog prohibited area, then the prohibition will remain and no concessions will be granted by virtue of other laws applying to the area.

 

3.    Sale of live animals at markets – Recently a request was received by the City to allow permission to sell live chickens from the markets. Subsequent research conducted by officers resulted in no such prohibition being available to the City through the Department of Agriculture or any other law administered by the City.  In order to prevent markets from becoming a place where live animals such as chicken, dogs or other livestock is available for sale, it is recommended that a condition be placed on all market approvals that prohibit the sale of live animals from any market.  This will apply a proactive condition to control the welfare of animals through transport and subsequent sale in these instances.  Revisions have been made within the Policy to reflect this proposal.

4.    Designated Numbers and Locations for Trading in Public Places Licence approvals – Currently should an application for a Licence be received and this complies with the Local Law and Policy, applications are approved.  There is no direction given within the Policy to restrict the licences to certain locations nor is there any restriction on the number of licences that will be permitted at any one time.  Administration of the applications has traditionally only permitted one type of licence per location at any one time, that is, only one ice cream van or coffee van at each location at the same time. There is however, no maximum number of licences that can be approved at each of those locations.  This is proving to be of concern as some areas are becoming popular for stalls and are at times supporting 4 licences for different goods at certain times. This proposal aims to set a maximum of four (4) stalls at any location at any one time due to the approved locations traditionally being car parks and during peak tourism, these stalls can restrict car parking for visitors and the general public.

 

Within this Policy review it is proposed that the City designate pre-approved locations as areas where Trading in Public Places Licences will be permitted.  Currently there is no direction given within the Policy and the City has no lawful means of refusing an area that is not causing a safety hazard.  In looking at the desirability of a location and providing a baseline customer level to ensure the viability of the business, designated car parks have been established as a preferable location in which to trade.  Notwithstanding the maximum of four (4) stalls to be approved at any one time, the following locations are supported for the delivery of goods and services from mobile food vehicles/stalls:

·    Busselton Airport, Yalyalup

·    Busselton Drive Ins – Road Reserve, Broadwater

·    Busselton Foreshore – West of Equinox

·    Busselton Volunteer Marine Rescue Car Park, Busselton

·    Centennial Park Car Park, Dunsborough

·    Dolphin Road Boat Ramp, West Busselton

·    Dunsborough Skate Park, Dunsborough

·    Eagle Bay Car Park, Eagle Bay

·    Geographe Bay Yacht Club, West Busselton

·    Gull Service Station, Broadwater

·    Harvest Road Car Park, Broadwater

·    Meelup Beach, Dunsborough

·    Old Dunsborough Boat Ramp, Dunsborough

·    Roberts Road Car Park, Abbey – Abbey Boat Ramp

·    Rotary Park, Busselton

·    Vasse General Store, Vasse

·    Yallingup Beach Car Park – Slippery Rocks, Yallingup

·    Yoganup Park, Busselton

 

Should an application be received that is outside of the locations listed above, it may be considered if the location is within an established car park and meets all other requirements of this Policy and the Local Law.

 

Additionally, land that is not under the care and control of the City by virtue of vesting or ownership is currently being utilised for Trading in Public Places licences.  While in the past this has been completed with the permission of the landholder, normally DPAW or Main Roads WA, it is proposed that only locations where the City has care and control of the land be licenced in future.  This reduces the administration required to gain these approvals which are required on an annual basis and often prove difficult to obtain.  Further, it reduces complications with the enforcement of the Local Law on land that is not under the care and control of the City. 

 

It is therefore proposed to remove the following previously approved location due to it being land not located within or adjacent to an established car park:

·    Vincent Street Car Park – Trial completed, land not utilised for stall on regular basis

 

Revisions have been made within the Policy to reflect this proposal.

 

5.    Alignment with the Commercial Hire Site Policy – Currently Trading in Public Places Licences are issued for a maximum of 4 hours per day at any one location, except for Yallingup where they are restricted to 2 hours per day between 1 May and 30 November in any given year.  Pressure has been recently applied by a Licence holder arguing that the 4 hour rule does not allow the business to operate to its full potential, particularly during peak tourism seasons.  The 4 hour rule was originally applied for fairness to allow more than one operator to share a location and reduce the domination that a licensee may perceive over a site. 

 

For consistency it is proposed to allow mobile food vehicles/vendors to apply through the Commercial Hire Site Policy process where greater than 4 hours per day may be requested.  This process will allow for a fair and equitable application of licencing for all mobile food vehicles/vendors wanting to trade for longer than a 4 hour timeframe while providing some certainty and tenure for their business at a particular location.  Further, this will allow a commercial rate to be applied rather than an annual licence fee to allow this to occur.  Should the City philosophically agree to include mobile food vehicles/vendors to be considered under the Commercial Hire Site Policy, a further review of this Policy will be required and presented to Council at a later date.

 

CONCLUSION

 

The revision of the Trading in Public Places Policy has been initiated to address issues raised by the community, license holders and City officers as well as improve and update the Policy.  The changes are recommended giving consideration to these issues while continuing to give protection to retail premises or permanent places of business.

 

The Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2014.

 

OPTIONS

 

Council may determine to not endorse one or more of the proposed amendments to the Trading in Public Places Policy.

 

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

Should the Officer Recommendation be endorsed and proceed to public consultation, it is proposed that the completed review of the Policy be submitted to the City’s Policy and Legislation Committee Meeting of 20 November 2014 and if accepted be placed before Council for final adoption at the meeting of 10 December 2014.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

Support the review of the Commercial Hire Site Policy to include mobile food vehicles/vendors for consideration under this Policy; and

 

Invite written submissions on the revised Trading in Public Places Standard Condition of Approval Policy renamed as the Trading in Public Places Policy as follows:

 

City of Busselton

020 Trading in Public Places Policy

 

1.        PURPOSE

 

This policy will be used to set standard conditions of approval and provide guidance for licences issued in accordance with the “City of Busselton Local Law Relating to Trading in Public Places”.

 

2.        SCOPE

 

This policy applies to all applications for Trading in Public Place licences in the City of Busselton.

 

3.        POLICY CONTENT

 

3.1      Objective

 

The purpose of this policy is to provide the Council with a consistent framework to encourage, control and regulate the location of mobile food vehicles and placement of goods and articles in public places across the City of Busselton.

 

This policy further aims to encourage a high standard of service delivery to our local community and visitors whilst supporting local economic development and commercial viability.

 

3.2      Definitions

 

Community Association means an institution, association, club, society or body, whether incorporated or not, the objects which are charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and the members of which are not entitled or permitted to receive any pecuniary profit from the transactions thereof.

 

Council means the Council of the Municipality of the City of Busselton.

 

Event means an occurrence approved to be held within the City of Busselton on private or public land, either indoor or outdoor by a person(s)/group/organisation, where people assemble at a given time for entertainment, recreation or community purposes.

 

Facility or Reserve means any property owned by the City of Busselton and includes buildings, recreation centres, community centres, halls, reserves (passive and active).

 

Public Place means any street, way or place which the public are allowed to use, whether street, way or place is or is not on private land.

 

Trading means selling or hiring of goods, wares, merchandise or services, or offering of goods, wares merchandise or services for sale or hire in a street or other public place and includes displaying goods, wares or merchandise for the purpose of offering them for sale or hire, inviting offers for sale or hire, soliciting orders or carrying out of any other transaction therein, it includes the setting up of a stall, or the conducting of business at a stall.

 

3.3      Standard Conditions of Approval for Location of Mobile Food Vehicles/Stalls/ Goods

 

a)        Mobile food vehicles/vendors are not permitted to operate in the business district of Busselton or Dunsborough as defined by the ‘business’ zoning in the current Town Planning Scheme except where operating at City approved events or markets.

 

b)        Mobile food vehicles/vendors are only permitted to operate in locations preapproved by the City as follows:

1)    Busselton Airport, Yalyalup

2)    Busselton Drive Ins – Road Reserve, Broadwater

3)    Busselton Foreshore – West of Equinox

4)    Busselton Volunteer Marine Rescue Carpark, Busselton

5)    Centennial Park Car Park, Dunsborough

6)    Dolphin Road Boat Ramp, West Busselton

7)    Dunsborough Skate Park, Dunsborough

8)    Eagle Bay Car Park, Eagle Bay

9)    Geographe Bay Yacht Club, West Busselton

10)  Gull Service Station, Broadwater

11)  Harvest Road Carpark, Broadwater

12)  Meelup Beach, Dunsborough

13)  Old Dunsborough Boat Ramp, Dunsborough

14)  Roberts Road Car park, Abbey – Abbey Boat Ramp

15)  Rotary Park, Busselton

16)  Vasse General Store, Vasse

17)  Yallingup Beach Car Park – Slippery Rocks, Yallingup

18)  Yoganup Park, Busselton

 

c)        Should an application be received requesting a license at a location outside those designated in clause 3.3(b), the City may grant the license if:

1)     the location is on land under the care and control of the City by virtue of vesting or  ownership; and

2)     the location is within an established car park; and

3)     the application meets all requirements of this Policy and provisions of the Local Law.

 

d)        Mobile food vehicles/vendors are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader without;

1)    prior approval to operate in such locations being sought;

2)    submitting a written letter of support from the proprietor(s) of such retail premises or permanent place(s) of business.

 

e)        Subject to clause 3.3(d), the City reserves the right to permit the operation of mobile food vehicles/vendors within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;

1)     during a City approved Event or Market; and

2)     where it can be demonstrated that the number of attendees attracted to the City approved Event or Market warrants the consideration of mobile food vehicles/vendors due to the potential inadequacy or overwhelming of the retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader;  or

3)     where it can be demonstrated that the City approved Event or Market will be disadvantaged or lose its character or usefulness without the operation of mobile food vehicles/vendors within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the mobile trader.

 

f)         Mobile food vehicles/vendors are not approved to park in a public area, reserve, facility or space unless it can be demonstrated to the satisfaction of the City that the location of the vehicle will not pose a traffic impediment or danger to the safety of the general public.

 

g)        Trading is permitted for a maximum of 4 hours per day in any approved location.

 

h)        A maximum of four (4) mobile food vehicles/stalls are permitted to be approved at any one time at any one location.

 

i)           Only one (1) mobile food vehicle/stall will be permitted to sell any product at any location at any one time.  Where a duplication of product occurs that is ancillary to the primary product being offered for sale, this may be approved at the City’s discretion.

 

j)         Displayed goods on footpaths must be at least 2 metres away from a truncation, crossover or street corner.

 

k)        Goods will not be permitted on footpaths where access to a loading zone or disabled parking bay may be impeded.

 

l)         The licensee must not deposit or store any container, vehicle or structure containing goods on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles.

 

3.4      Special Conditions of Approval for Location of mobile Food Vehicles/Stalls/Goods at Yallingup

 

a)        Trading will only be permitted for a maximum of 2 hours per day between 1 May and 30 November in any year with condition 3.3f) above applying at all other times.

 

b)        Trading will not be permitted in the Torpedo Rocks car park illustrated in Appendix A.

 

3.5      General Standard Conditions

 

a)        The licensee is responsible for compliance with the Environment Protection (Noise) Regulations 1997.

 

b)        Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Safety Standards.

 

c)        Food vehicles are not permitted to set up or provide external tables or chairs for customers.

 

d)        The licensee must maintain a minimum of $10 million Public Liability insurance. The policy must be able to meet any possible claim which may be sustained against the licensee or the City in relation to the death or injury to any person or property arising out of anything authorised by the licence.

 

e)        Solicitation of customers by touting or the use of public address systems is prohibited.

 

f)         The licensee must ensure that the area is kept clean and tidy at all times. The permit holder is responsible for the disposal of litter and cleaning of footpaths.

 

g)        The licensee must ensure that no debris or litter is swept into the street gutter and/or subsequently washed down the storm water drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

 

h)        The licensee is responsible for the maintenance of the permit area and shall maintain all display stands/equipment to a high standard.

 

i)         The licensee must not display or allow to be displayed any advertisement, placard, poster, streamer, sign or signboard other than attached to and forming part of the vendor’s vehicle or display stand.

 

j)         A trading in public places licence is not transferable.

 

k)        Stall holders are not permitted to have or bring dogs onsite to any market stall;

 

l)         Subject to clause 3.5(k), dogs may be considered for permission at a market stall under the following conditions:

            1)  An application is submitted to the City of Busselton including the following:

i)             the applicant belongs to a registered not for profit organisation and can produce documentation to support that registration;

ii)            the application details the intentions of the stall and the cause to which the application is supporting and is not for the sale of dogs only;

iii)           no sale of dogs is permitted from the market stall;

iv)           the application satisfies the City that the dogs are separated from the general market, such as being within a marquee, the dogs are under the care and control of designated and adequately trained handlers at all times and the application can demonstrate how the animal interaction with the general public will occur in a controlled environment; and

v)            the application is accompanied by a Risk Management Plan detailing the care and control of the dogs at all times from the arrival at the market, during the market operations and removal from the market.  This Risk Management Plan will also detail how the interactions with the general public will occur.

    2)  Failure to meet any of the abovementioned conditions to the satisfaction of the City will result in the application for dogs to be permitted at a market stall being refused.

 

m)      Stall holders are not permitted to have or bring onsite to any market stall any live animal for sale to the public;

 

3.6      Policy Provisions for Events

 

a)        Traders may be approved to operate for the duration of an Event during the hours it is open to the public.

 

b)        Food vehicles garaged or located within the City of Busselton seeking approval to operate at Events will be required to demonstrate registration under the Food Act 2008 prior to being approved. An application for temporary food stalls/vans will not be required for those businesses registered by the City of Busselton.

 

c)        Food businesses registered by a municipality other than the City of Busselton seeking approval to operate at Events will be required to provide a copy of their Food Act 2008 registration and complete and submit a complete application for Temporary Food Stalls/Vans associated with events and tender the appropriate fee prior to being approved.

 

3.7      Policy Provisions for Community Associations

 

a)        Community associations are entitled to a fifty percent fee reduction for trading in public place applications.

 

3.8      Enforcement

 

In the event that the licence conditions are breached, and in accordance with the Local Law provisions;

a)        a licence may be revoked, or

b)       compliance action taken.

 

3.9     Administration of this Policy

 

The Chief Executive Officer (CEO) has the authority to administer the requirements of the

Trading in Public Places Policy on behalf of Council.

Policy Background

Policy Reference No. – 020

Owner Unit – Environmental Health

Originator – Coordinator Environmental Health

Policy approved by – Council

Review Frequency – As required

Related Documents – Local Law relating to Trading in Public Places

 

 


Council                                                                                      17                                                                 13 August 2014

10.2           Policy and Legislation Committee - 17/07/2014 - DRAFT COMMUNITY FACILITIES BOOKING POLICY

SUBJECT INDEX:

Community Services

STRATEGIC OBJECTIVE:

A City where the community has access to quality cultural, recreation, leisure facilities and services.

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community Development

REPORTING OFFICER:

Community Development Coordinator - Jeremy O’Neill

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Draft Community Facilities Booking Policy

Attachment b    Use of Sports Grounds Policy  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a draft Community Facilities Bookings Policy (Bookings Policy) for the City of Busselton. The objective of the Bookings Policy is to provide a strategic framework for the orderly and fair booking of community facilities.

                      

This report recommends that the Council endorses the Community Facilities Bookings Policy to be advertised for a period of 28 days. Further that subject to submissions received through the advertising process being referred back to the Council for consideration, Council adopts the Community Facilities Bookings Policy to replace the ‘Use of Sports Grounds Policy’.

 

 

 

BACKGROUND

Community facilities in the City of Busselton are used for a wide range of activities, such as children’s playgroups, health, fitness and dance programs, craft activities, community and church groups, leisure classes, community events and seasonal sporting competitions. The types of bookings available for Aquatic and Community Centres, Halls, Galleries, Parks and Reserves are as follows:

·     Casual Bookings

·     Regular Bookings (Annually)

·     Regular Bookings (Seasonal)

·     Regular Bookings (School Term)

·     Events

·     Wedding ceremonies

·     Exhibitions

·     Access to Parks, Reserves

For many years the City of Busselton has had a Use of Sports Grounds Policy’, to govern the utilisation and management of the City’s active playing reserves for seasonal sporting competitions. Whilst being an effective policy for governing this particular purpose its scope does not provide for the growing number of cultural, recreational, sporting and other activities on both active and passive reserves and other City managed facilities. The Community Facilities Policy, if adopted, will include all aspects of the existing policy as well as additional policy statements to govern the increasing activities base.

 

There have been a number of issues that have arisen regarding City owned or managed facilities that require clarification via a policy framework. These include the commercial use of facilities, activities that do not currently have a permit procedure, priority bookings, non-permissible activities, and in the instances of an agreement not being reached, a dispute resolution process.

 

The draft Bookings Policy provides a strategic framework to assist in a fair and orderly bookings process of key City of Busselton managed community facilities not currently covered by a Council policy.

 

STATUTORY ENVIRONMENT

 

Permits to utilise City of Busselton Community Facilities are granted under Shire of Busselton Local Government Property Local Law 2010.

 

RELEVANT PLANS AND POLICIES

 

Adoption of a final Community Facilities Bookings Policy will replace Council Policy 126: Use of Sports Ground. The new Community Facilities Bookings Policy includes all elements of Council Policy 126: Use of Sports Ground and provides a more comprehensive strategic framework for the booking of many other community facilities.

 

There are several other Council adopted Community policies that govern certain activities on City managed land. These policies are as follows:

·    Council Policy 231: Events Policy

·    Council Policy 074 Markets Policy

·    Council Policy 020: Trading in Public Places Policy

·    Council Policy 008: Commercial Hire Sites Policy

 

The intention of the Bookings Policy (and associated procedural documents) is not to replace any of these policies, but  to provide additional strategic guidance for activities outside the scope of these documents.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications to consider by seeking public comment or by adoption of the draft Bookings Policy. Fees and Charges relating to the various grounds and facilities covered by the Bookings Policy are reviewed by a separate process each year before finally being adopted by Council.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The adoption of the Bookings Policy aligns with the following Council’s Strategic Community Plan objectives:

§ A community where people feel safe, empowered, included and enjoy a sense of good health and wellbeing.

§ An attractive City offering great places and facilities promoting an enjoyable and enriched lifestyle

§ A City where the community has access to quality cultural, recreation, and leisure facilities and services.

§ A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. No risks rated with a level of ‘medium’ or ‘high’ were identified.

 

CONSULTATION

Consultation was undertaken with           the Department of Lands (Government of Western Australia) in the development of the draft Bookings Policy.

Consultation was also undertaken through the Naturaliste Community Centre (NCC) Reference Group as part of the NCC Bookings Procedure which assisted in the development of this draft Policy.

 

OFFICER COMMENT

 

The ‘Use of Sports Grounds Policy’ provides a framework to govern the utilisation and management of the City’s active playing reserves for seasonal sporting competitions. Its scope does not however, provide for the growing number of cultural, recreational, sporting and other activities on both active and passive reserves and other City managed facilities and how the City prioritises and ensures equitable access to its facilities for these growing numbers of users.

The draft Bookings Policy addresses issues experienced with extensive commercial use of some of its facilities by stating a permissible number of hours of use by commercial hirers for facilities on crown land that have a vesting for a specific purpose.

The draft Bookings Policy also addresses the issue of priority bookings by proposing historical bookings by long-term users of community facilities will be honoured in the first instance, but allows the City to review these arrangements if other competing requests for the facility are received.  In the absence of a historical booking by a long-term user, competing booking requests will be prioritised by community organisations and individuals first.

 

Definitions for community, charitable, commercial and types of hire are provided in the draft Policy. These definitions make it clearer to potential hirers which fee structure, aspects of the Policy and associated procedures are applicable to their booking. The definitions also address some historical misperceptions from commercial hirers who have considered themselves community service providers, and help to clarify when concessions for charitable uses are applicable.

 

CONCLUSION

 

The draft Bookings Policy will provide the City of Busselton and the community with a strategic framework for the orderly and fair booking of community facilities in the City of Busselton.  It clarifies types of hirers and types of bookings, acceptable usage rates by commercial operators at specific community facilities and how booking requests are prioritised.

 

A period of community consultation of the draft Bookings Policy will allow the Council seek feedback from the community on the Policy content and raise awareness about existing decision making processes formalised in this document.

 

Options

 

The Council may decide not to adopt the City of Busselton’s Draft Community Facilities Bookings Policy or undertake community consultation at this point in time.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The draft City of Busselton Community Facilities Bookings Policy will be advertised for public comment within 21 days of the Council decision.  Following a public consultation period of 28 days, any submissions will be presented to Council for consideration.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.            Endorses the Community Facilities Bookings Policy to be advertised for public comment for a       period of 28 days

 

2.            Subject to submissions received through the advertising process being referred back to the    Council for consideration, adopts the Community Facilities Bookings Policy to replace the ‘Use of Sports Grounds Policy’.

 

Note:  The Committee felt that the inclusion of specific non-permitted activities within the policy was too narrow as it related to 18th and 21st parties only, and this was not necessary.  This is due to the fact that the Property Local Law provides the capacity for a determination on a permit application to take into consideration restrictions relating to alcohol consumption and others, and therefore provides the capacity for an application to be refused in these circumstances.  Therefore, the clause relating to non-permitted activities was removed from the draft policy and the word “restrictions” after the words “alcohol consumption” was added into the clause relating to the Property Local Law.

 

 

COMMITTEE RECOMMENDATION

 

That the Council:

 

1.      Endorses the Community Facilities Booking Policy to be advertised for public comment for a period of 28 days, subject to the removal of the Non-permitted activities clause of the policy and the inclusion of the word “restrictions” after the words “alcohol consumption” in the clause relating to the Property Local Law.

 

2.     Subject to submissions received through the advertising process being referred back to the    Council for consideration, adopts the Community Facilities Bookings Policy to replace the ‘Use of Sports Grounds Policy’.

 

 


Council

23

13 August 2014

10.2

Attachment a

Draft Community Facilities Booking Policy

 

 

 

XXX

Community Facilities Bookings Policy

V1 Current

 

PURPOSE

As part of the City of Busselton’s Community Strategic Plan (2013), Council has placed a high priority on providing for quality cultural, recreation, leisure facilities and services. The City of Busselton Community Facilities Bookings Policy will assist in achieving this goal by providing a strategic framework for the orderly, fair booking of all community facilities in the City of Busselton.

 

The policy will apply to the booking and hiring of City managed community facilities.

 

SCOPE

This policy applies to community facilities managed by or on behalf of the City of Busselton, including community and commercial hire agreements. This policy excludes individuals or organisations that have entered into a lease or licence with the City of Busselton.

OBJECTIVE

The objective of the Community Facilities Bookings Policy is as follows:

·   To provide facilities to the community for cultural, recreational, sporting and other activities as required.

·   To manage the facilities in a way that ensures equitable, appropriate and affordable access to the community.

·   To maximise community use of facilities through planned asset maintenance and upgrade, promotion of the availability of facilities, booking planning and related strategies.

·   To generate income from the use of facilities to contribute towards the cost of maintaining and managing the facilities.

 

DEFINITIONS

For the purpose of this policy the following definitions apply: -

 

Casual Hire – Casual Hire is defined as a booking that occurs less than twelve (12) times in any 12 month period.

Community Facilities – For the purposes of this policy Community Facilities include community recreation centres, active reserves, passive reserves and City managed Halls.

Crown Land - means land vested to the City of Busselton by the State of Western Australia for a particular purpose.

Long-term User – means an organisation or individual whom has entered into a hire agreement for a community facility with the city as a regular hirer for a period of in excess of 12 months.

Regular hire – Regular Hire is defined as any booking that occurs 12 or more times in any 12 month period. Regular hire bookings will be taken either annually, in line with school terms or bi-annually (seasonally).

Seasonal Hire – The word ‘seasonal’ for the purpose of this policy shall mean the seasons of summer and winter. For the purposes of defining seasonal hire, the summer season shall be regarded as the period between 1 October and 31 March, and the winter season the period between 1 April and 30 September, all days inclusive.

STANDARDS

For the purpose of this policy the following standards apply: -

 

Commercial Hire Rate - Commercial hire fees will apply to all businesses, organisations and individuals that expect to return a profit from their endeavours, and all hirers that do not meet the community hirer definition standard below.

 

Community Hire Rate – To be eligible for a community hire rate an organisation or individual is required to be a voluntary association (with an incorporation certificate) or a charitable organisation. Additionally a community rate can also apply in special circumstances whereby individuals or organisations can provide significant evidence of where there is no expectation for profit. An application for this hire rate must be made in writing.

Charitable concession – A charitable concession of up to 50% is available on applicable facility hire fees at City of Busselton facilities for organisations and groups where profits raised from the associated activity are to be donated to a local cause or charity. The applicable facility hire fees are highlighted in the City’s ‘Annual Schedule of Fees and Charges.’

POLICY CONTENT

 

Principles

Community facilities in the City of Busselton are used for a wide range of activities such as children’s playgroups, health, fitness and dance programs, craft activities, community and church groups, leisure classes, community events and seasonal sporting competitions. Below are types of bookings that may be available for Aquatic and Community Centres, Halls, Art Galleries, Parks and Reserves.

·      Casual Bookings

·      Regular Bookings (Annually)

·      Regular Bookings (Seasonal)

·      Regular Bookings (School Term)

·      Events

·      Access to Parks, Reserves

·      Wedding ceremonies

·      Exhibitions

Priority Bookings

Historical bookings with long-term users of community facilities will be honoured in the first instance; however the City reserves the right to review bookings as required to provide equitable access to its facilities.  In the absence of a historical booking by a long-term user, booking requests made by a Community organisation or individual will be given highest priority when more than one request is made for the same facility at the same time. 

Commercial Use

The commercial use of Community Facilities as contained within this policy is is governed by and is interpreted in accordance with the laws of the City of Busselton, Western Australia and, where applicable, the laws of the Commonwealth of Australia. The use of facilities on crown land must be consistent with the purpose of that reserve. Any commercial hire undertaken on crown land is limited to a maximum of sixteen (16) hours in total per week by an individual or organisation.

Property Local Law

Permission to utilise City of Busselton Community Facilities (via a permit) is granted under Shire of Busselton Local Government Property Local Law 2010. It is specified in this law as to permissible and non-permissible activities. There are also specific considerations in terms of alcohol consumption and requirements to obtain written approval to serve alcohol on /or from a City of Busselton property.

Non- permitted activities

City of Busselton managed facilities are generally located in close proximity to residential areas. Due to this proximity 18th and 21st Birthday parties are not permitted at any of the City of Busselton premises, as are other activities deemed illegal under relevant local, state and federal laws.

Seasonal hire

Of selected facilities seasonal hire availability is advertised by the City of Busselton on a biannual basis. Applications are advertised on the City’s website and in one of the local newspapers and must be lodged by the stated application closure dates. The utilisation of community facilities for seasonal use may be granted on application. Times and periods of use must be stated on the application form. A liaison officer must be nominated by each club/organisation in order to provide close contact with the City. Payment of the hiring fees shall not confer any rights of use of the facility other than for times and periods specifically approved.

Events

In the instance whereby a community facility booking requires one or more formal approvals from the City’s environmental health, building, statutory planning or engineering and works business units it will need to comply with the City’s Events Policy (2006).

Conditions of hire

Hirers of City of Busselton community facilities must adhere to specific conditions, as stated on the Facility Hire Form to book the individual facility. Other hiring related practices and procedures will be outlined in the Operational Procedure document relating to that facility.

The City may reserve the right to cancel bookings with reasonable notice, with the exception of emergencies, in order to conduct activities required by the Local Government. This could include, but is not limited to: local emergencies, maintenance work and elections.

Fees, Charges and Bonds

The hire of City of Busselton community facilities may incur fees, charges and bonds as per the Council adopted fees and charges schedule, which can be found on the City’s website. Full payment is required in advance to confirm booking unless otherwise arranged.

Dispute Resolution

In the instance that a regular, casual or potential hirer of the facility is not in agreement with the booking determination made, a dispute resolution process will be outlined in the Operational Procedure document relating to that community facility.

When receiving a written response the applicant will be advised of their objection and review rights.  If the applicant is aggrieved by the decision, there is a right to object to this decision under section 9.5 of the Local Government Act 1995 (LGA). An applicant may also apply to the State Administrative Tribunal for a review of the decision under section 9.7 of the LGA.              

Public Liability Insurance

The City of Busselton’s Casual Hirers Public Liability Insurance will only cover casual hire for individuals or community groups that will not be making a profit from the activity. Any activity that does not meet these criteria will require public liability insurance. 


Council                                                                                      25                                                                              13 August 2014

10.2                             Policy and Legislation Committee - 17/07/2014 - DRAFT COMMUNITY FACILITIES BOOKING POLICY          

Attachment b          Use of Sports Grounds Policy


 


Council                                                                                      27                                                                 13 August 2014

10.3           Policy and Legislation Committee - 17/07/2014 - PROPOSED CITY OF BUSSELTON DOGS LOCAL LAW 2014

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

Governance systems that deliver responsible, ethical and accountable decision-making.

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Services Coordinator - Cobus Botha

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Dogs Local Law Working Version

Attachment b    Dogs Local Law Gazettal Version  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Under the Local Government Act 1995 (Local Government Act) local governments are required to carry out periodic reviews of their local laws to determine whether or not it considers that it should be repealed or amended.  As a consequence of the recent amendments to the Dog Act 1976 (Dog Act), the City of Busselton’s existing Shire of Busselton Dog Bylaws 1991 (Current Local Law), which has been under review for the past few years, could be finalised.  It is recommended that Council repeal the Current Local Law and adopt a new City of Busselton Dogs Local Law 2014 (Proposed Local Law). 

 

The Proposed Local Law has been prepared for consideration by the Council to initiate the law making process under the Local Government Act. 

 

 

BACKGROUND

 

The Dog Act provides for the control, registration, ownership and keeping of dogs.  Under Section 51 of the Dog Act a local government may make local laws providing for, among other things, the establishment and maintenance of dog management facilities, detention, maintenance, care and release or disposal of dogs seized, licensing, use and inspection of approved kennel establishments and requiring that premises where dogs are kept must be fenced in a manner capable of confining the dog.

 

After many years of consultation and development, amendments to the Dog Act together with a new set of regulations, were passed by Parliament and came into effect on 1 November 2013.  These amendments include a requirement for all new dogs to be micro-chipped, changes to the length of impounding of dogs where the owner can be identified, more uniform restrictions on dangerous dogs and improvements in the dog nuisance provisions.

 

From a local government perspective the most significant change brought about by the amendment of the Dog Act is in relation to the procedure for determining dog exercise areas and areas where dogs are prohibited. Prior to these amendments taking effect local governments had to determine dog exercise areas and areas where dogs were prohibited through the making or amendment of a local law. As from 1 November 2013 (the date on which the amendments came into effect) local governments are now able to specify dog exercise areas and areas where dogs are prohibited by an absolute majority decision after giving 28 days’ notice of its intention to do so. As a consequence certain parts of the Current Local Law specifying dog exercise areas and dog prohibited areas became obsolete.  Dog exercise areas and dog prohibited areas within the City district are currently under review by City officers. A separate report will in due course be presented to Council to consider various options and to exercise Council’s powers under the new provisions of the Dog Act in relation to dog exercise and dog prohibited areas.

The City’s Current Local Law was gazetted during 1991.  Since then the Western Australian Local Government Association (WALGA) developed a Model Dog Local Law which is considered to be consistent with the relevant requirements under the Dog Act and also considered to suit the needs and circumstances of most local governments.  As part of the City’s periodic local law review project the City’s Current Local Law has been under review since 2010. The review indicated that, in addition to the provisions dealing with dog exercise and prohibited areas which became obsolete, the Current Local Law is to a certain extent inconsistent with the WALGA Model Dog Local Law, is in various respects considered to be outdated and therefore needs to be amended. The Current Local Law for instance:

          .  Provides for certain fees and charges to be determined and imposed under the local law (e.g fees and charges for impounding and destruction of dogs and application and registration of kennel establishments). This in effect means that these fees and charges can only be adjusted by way of an amendment to the Current Local Law, which would require the same process as making a new local law. The current tendency is for fees and charges rather to be imposed and determined under Sections 6.16 - 6.19 of the Local Government Act, which enables local governments to review these fees and charges annually as part of their budget process. 

 

          .  Uses terminology which is inconsistent with current legislation (e.g. reference is made to “Shire Clerk” and Local Government Act “1960” instead of Local Government Act “1995”).

 

          .  Provides for outdated modified penalties which need to be reviewed and brought in line with current fines and penalties prescribed under the Dog Act.

 

          .  The process for application for a kennel establishment license is outdated and should be brought in line with the corresponding provisions under the WALGA Model Dog Local Law.

 

The Proposed Local Law seeks to allow the City to effectively regulate those areas of dog ownership and dog management reserved for local governments under the Dog Act.  Council is therefore requested to consider the Proposed Local Law and whether to commence the process under Section 3.12 of the Local Government Act to repeal the Current Local Law and make the Proposed Local Law.

 

STATUTORY ENVIRONMENT

 

Local Government Act

 

The heads of power for Council to make the Proposed Local Law are provided under section 3.5 of the Local Government Act and section 51 of the Dog Act. Section 51 of the Dog Act specify the dog related matters in relation to which local governments may make local laws and 3.5 of the Local Government Act stipulates:

 

“A local government may make Local Laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act”.

 

The procedure for making local laws is set out in sections 3.12 to 3.17 of the Act and regulation 3 of the Local Government (Functions and General) Regulations 1996.  The person presiding at a Council meeting is to give notice of the purpose and effect of a proposed local law by ensuring that —

 

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

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

 

The purpose and effect of the Proposed Local Law is as follows:

 

Purpose:

 

To repeal the Shire of Busselton Dog Bylaws 1991 and to extend to Council the control over dogs which exist under the Dog Act 1976.

 

Effect:

 

To provide Council with controls and regulatory measures in relation to impounding of dogs, the number of dogs that can be kept, establishment of approved kennels and the manner in which dogs are to be confined by the occupier of a premises. Offences are created for allowing a dog to excrete on specified areas (unless the excreta are removed) and for non-compliance with certain other provisions of the local law.

 

Statewide and local public notice is to be given by advertising  the Proposed Local Law in accordance with the requirements of sections 3.12(3) and (3a) of the Local Government Act. The submission period must run for a minimum period of six weeks after which Council, having considered any submissions received, may resolve to make the local law as proposed or make a local law that is not significantly different from what was proposed.

 

The Proposed Local Law is based on the WALGA Model Dog Local Law.

 

National Competition Policy

 

Since the early 1990’s State, Territory and Commonwealth Heads of Government through the Council of Australian Governments (COAG) initiated a commitment to achieving a nationally consistent approach to competition policy in Australia. This resulted in the adoption of the National Competition Policy (NCP) which requires, among other things, that local governments ensure that all new local laws which restrict competition are consistent with the following requirements:

 

·          The benefits of the restriction to the community as a whole outweigh the costs; and

·          The objectives of the local laws can only be achieved by restricting competition.

 

In accordance with the National Competition Local Law Review Guidelines local governments are however not required to do an assessment against the NCP of a local law based on a WALGA model local law and adopted by Council without substantial change. As the Proposed Local Law is based on the WALGA Model Dog Local Law an assessment against the NCP is therefore not required.

 

RELEVANT PLANS AND POLICIES

 

None

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the Proposed Local Law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose. Progressing the Proposed Local Law should not have any other financial implications for the City.

STRATEGIC COMMUNITY OBJECTIVES

 

The proposal aligns with the City of Busselton Strategic Community Plan 2013 as follows:

 

6.2 Governance systems that deliver responsible, ethical and accountable decision making.

 

RISK ASSESSMENT

 

The Proposed Local Law does not involve any significant changes from current practices and is therefore considered low risk.

 

CONSULTATION

 

No external consultation has been sought.  If Council resolve to commence the law making process, public submissions will be invited as part of the statutory consultation process prescribed under Sections 3.12 (3) and (3a) of the Local Government Act.

 

OFFICER COMMENT

 

State legislation provides for a three tiered system for regulating the care for and control over dogs:

 

Dog Act

 

Under the Dog Act local governments are provided with legislative controls in relation to matters such as registration and identification of dogs, control of dogs (e.g. the obligation to identify dog’s owner, power to seize dogs, dogs to wear collars and registration tags and declaring of and dealing with dangerous dogs), what constitutes a dog nuisance and how to deal with such a nuisance.

 

Local Laws

 

The Dog Act also extend to local governments the power to regulate by way of a local law matters such as impounding of dogs, the number of dogs that can be kept, establishment of approved kennels, the manner in which dogs are to be confined by the occupier of a premises and to create offences for non-compliance with certain provisions of a local law (e.g for allowing a dog to excrete on specified areas unless the excreta are removed).

 

Council resolutions

 

As a consequence of recent changes to the Dog Act local governments now also have the ability to determine dog exercise areas and areas where dogs are prohibited by an absolute majority decision after giving 28 days’ notice of its intention to do so.

 

For the reasons mentioned under the BACKGROUND section of this report the Current Local Law is considered to be outdated.  It is also considered that, rather than amending the Current Local Law, it would be more appropriate to repeal the Current Local Law and to make a new local law based on the current WALGA Model Dog Local Law and in accordance with the recent changes to the Dog Act. The Proposed Local Law is based on the relevant WALGA model and is considered to be consistent with the relevant empowering provisions under the Dog Act.  The Proposed Local Law is structured as follows:

 

 

 

 

 

Part 1

 

The preliminary section deals with matters of a more technical nature including the official title of the local law, the commencement date, the area to which the local law shall apply, repealing the Current Local Law and defining terminology used in the local law.

 

Part 2

 

This section deals with the impounding of dogs.   It provides for fees, charges and costs to be imposed and determined by Council in relation to the seizure and impounding, release and/or destruction and disposal of a dog, the times at which the pound keeper has to be in attendance at the pound and criminalising breaking into or destruction of a pound.

 

Part 3

 

This section requires from an occupier of a premises on which a dog is kept to cause the relevant portion of such premises to be fenced in a manner capable of confining the dog.  It also limits the number of dogs which may be kept on any premises other than an approved kennel establishment, to 2 dogs and the young of those dogs under the age of 3 months.

 

Part 4

 

This section regulates the process for obtaining and transferring of a license for an approved kennel establishment and the cancellation thereof.  It requires from an applicant to give notice of the proposed use of the premises as a kennel establishment (notice to be given in a newspaper circulating in the district and to owners and occupiers of adjoining premises).  It also provides for payment of fees in relation to applying for and issuing of a license for an approved kennel establishment. 

 

Part 5

 

This part of the Proposed Local Law makes reference to the fact that dog prohibited and dog exercise areas are to be determined by Council resolution under the relevant provisions of the Dog Act. 

 

Part 6

 

Under this section a dog must not excrete on a thoroughfare or other public place or on privately owned land without the consent of the occupier of such land.  It also requires from a person in control of such a dog to immediately remove excreta, failing which such a person commits an offence. 

 

Part 7

 

This section of the Proposed Local Law deals with enforcement.  A range of modified penalties (specified in Schedule 3 of the local law) are created and persons responsible for enforcing the Proposed Local Law are authorised to issue infringement notices.

 

Schedules

 

Schedule 1 of the Proposed Local Law consists of a template application for a license for an approved kennel establishment.  Schedule 2 contains draft conditions which could be imposed on a license for an approved kennel establishment.  Under Schedule 3 the offences in respect of which modified penalties apply, are specified.

 

CONCLUSION

 

The objective of the Proposed Local Law is to provide the City with adequate and effective controls which will operate together with the provisions of the Dog Act in as seamless a manner as possible to control and regulate dog ownership, behaviour and management within the City’s district.  In the process it is considered desirable to repeal the City’s Current Local Law.

 

OPTIONS

 

Council have the following options:

 

Option 1

 

Not to proceed with progressing the Proposed Local Law and rely on the Current Local Law and the Dog Act to regulate dogs within the City’s district.  If Council wishes to pursue this option, it should consider amending the Current Local Law to provide Council with more modern and effective controls for the management and control of dogs within the City’s district. Significant changes to the Current Local Law will be required to achieve such an outcome. Also the process under the Local Government Act for amending a local law is the same as making a new local law. Therefore this option is not recommended.

 

Option 2

 

Council could choose to vary the provisions of the Proposed New Local Law in any number of ways.  Council should however be aware not to require any changes which may render the Proposed Local Law inconsistent with the Dog Act.

               

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

Implementation of the Officer Recommendation will be through the advertising of the Proposed Local Law for public comment.  That will occur within 1 month of Council making a resolution consistent with the Officer Recommendation.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

(1)       Commences the law-making process for the City of Busselton Dogs Local Law 2014, the purpose and effect of the local law being as follows:

Purpose: To repeal the Shire of Busselton Dog Bylaws 1991 and to extend to Council the control over dogs which exist under the Dog Act 1976.

Effect: To provide Council with controls and regulatory measures in relation to impounding of dogs, the number of dogs that can be kept, establishment of approved kennels and the manner in which dogs are to be confined by the occupier of a premises. Offences are created for allowing a dog to excrete on specified areas (unless the excreta are removed) and for non-compliance with certain other provisions of the local law.

 

(2)       Authorises the CEO to carry out the law-making procedure under section 3.12(3) of the Local Government Act 1995, by –

(i)               giving Statewide public notice and local public notice of the proposed local law; and

(ii)              giving a copy of the proposed local law and public notice to the Minister for Local                                 Government.

 

(3)          That the CEO, after the close of the public consultation period, submit a report to the                 Council on any submissions received on the proposed local law to enable the Council to                 consider the submissions made and to determine whether to make the local law in                 accordance with section 3.12(4) of the Act.

 

 


Council

33

13 August 2014

10.3

Attachment a

Dogs Local Law Working Version

 

 

 

 

 

 

 

 

 

 

 

 

 

City of Busselton

 

DOGS LOCAL LAW 2014

 

 

 

LOCAL GOVERNMENT ACT 1995

 

DOG ACT 1976

 


TABLE OF CONTENTS

 

 

PART 1  -  PRELIMINARY

1.1       Citation

1.2       Repeal

1.3       Commencement

1.4       Definitions

1.5       Application

PART 2  -  IMPOUNDING OF DOGS

2.1       Fees, charges and costs

2.2       Attendance of pound keeper at pound

2.3       Release of impounded dog

2.4       No breaking into or destruction of pound

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   Objections and appeals

4.16   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

SCHEDULE 2

SCHEDULE 3

 

 

 


LOCAL GOVERNMENT ACT 1995

DOG ACT 1976

 

City of Busselton

 

DOGS 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 City of Busselton resolved on [insert date] to make the following local law.

 

Dog Act 1976 (Act):

Selected provisions of the Act 1976 have been included in this document (boxed and shaded) where it is believed these might assist in the interpretation and administration of this local law. These insertions are not an official part of the local law and are therefore not included in the gazettal of the local law.

 

 

PART 1  -  PRELIMINARY

 

1.1     Citation

 

This local law may be cited as the City of Busselton Dogs Local Law 2014.

 

1.2     Repeal

 

The Shire of Busselton Dog Bylaws 1991 published in the Government Gazette on 26 July 1991 is repealed.

 

1.3     Commencement

 

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

 

1.4     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 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;

 

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 the Act, other areas which although not being within the boundaries of the district are regarded for those purposes as being part of the district;

 

local government means the City of Busselton;

 

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;

 

Section 3(1) of the Act –

owner in relation to a dog means — 

(a)        the person by whom the dog is ordinarily kept; or

(b)        a person who is deemed by subsection (2) to be the owner of the dog;

 

Section 3(2) of the Act -        

A person who is shown in the register maintained by a local government under this Act as being the last person recorded by the local government as the registered owner of a dog is deemed to be the owner of that dog, whether or not the registration in his name continues in force, unless he proves that he is not the owner of the dog.

 

person liable for the control of the dog has the same meaning as in section 3(1) of the Act;

 

Section 3(1) of the Act –

person liable for the control of the dog means each of the following —

(a)        the registered owner of the dog;

(b)       the owner of the dog;

(c)        the occupier of any premises where the dog is ordinarily kept or ordinarily permitted to live; or

(d)       a person who has the dog in his possession or under his control,

            but does not include —

(e)        a registered veterinary surgeon, or a person acting on his behalf, in the course of his professional practice; or

(f)        a police officer or other person acting under a statutory duty or in the administration of this Act;

 

Planning Consent means an approval issued under the a local planning scheme;

 

pound means any facility, or any replacement facility, established as a pound by the local government 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;          

 

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.

 

1.5     Application

 

This local law applies throughout the district.

 

 

PART 2  -  IMPOUNDING OF DOGS

 

2.1     Fees, charges and costs

 

The following fees, charges and costs 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

 

(c)   the costs of 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 (or in the absence of the pound keeper, to the CEO) 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.

 

Payment of fees, charges and costs before an impounded dog is returned

Section 29(4) of the Act –

(4) Where a dog is seized pursuant to subsection (3) the authorised

person may —

  (a) cause it to be returned to the owner; or

  (b) detain it,

and the owner shall be liable to pay to the local government

detaining the dog, if so required by the local government and

whether or not payable to the local government, before the dog

is returned to the owner the reasonable cost of returning the dog

or of maintaining it during the period of detention, or both

where that is appropriate, together with any charges levied in

relation to the seizure and impounding of the dog and any other

fees or charges relating to that dog which ought to have been,

but had not been, paid under this Act, including any penalties

imposed on, or costs or expenses payable by, the owner in

respect of an offence, whether or not the dog is returned to the

owner.

 

2.4     No breaking into or destruction of pound

 

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 the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it;

 

(c)   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;

 

(d)   maintain the fence and all gates and doors in the fence in good order and condition; and

 

(e)   where no part of the premises consists of open space, yard or garden or there is no open space or 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 which have been –

 

(a)   licensed under Part 4 as an approved kennel establishment; or

 

            (b)   granted an exemption under section 26(3) of the Act.

 

(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, 2 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 -

 

adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6m in width;

 

licence means a licence to keep an approved kennel establishment on premises;

 

licensee means the holder of a licence;

 

premises means, in addition to the meaning given to it in section 3 of the Act, 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 4.13.

 

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 CEO, 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 adopted or nominated by the local government;

 

(e)   the fee for the application for a licence referred to in clause 4.9(1); and

 

(f)   a copy of a Planning Consent issued by the local government under a local planning scheme.

 

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 CEO, 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.

 

(3)   A licensee who fails to comply with the conditions of a licence commits an offence.

 

 

Under Section 27(2) of the Dog Act 1976:

A person who fails to comply with a kennel licence and conditions of approval commits an offence; and

A penalty of $5000 and daily penalty of $100 for noncompliance with a kennel licence and conditions of approval can be imposed.

 

 

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 to 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 4.9(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.

 

Section 27(5) of the Dog Act 1976 provides –

A licence under this section has effect for a period of 12 months, and is renewable upon payment of the prescribed fee, but may be cancelled at any time by the local government if the local government is dissatisfied with the conduct of the establishment.

 

 

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 4.9(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 4.14(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 4.12(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 4.12 (2)(a); and

 

(g)   a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which notice is to be given in accordance with section 27(6) of the Act.

 

4.15   Objections and appeals

 

(1) Where the local government makes a decision as to whether it will –

 

(a) grant an application for a licence;

 

(b) vary or cancel a licence; or

 

(c) impose or amend a condition to which a licence is subject,

 

the provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision.

 

(2)   Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government.

 

4.16   Inspection of kennel

 

With the consent of the occupier, an authorised person may inspect an approved kennel establishment at any time.

 

Entry of premises

Section12A.(2) of the Act –

With the authority of a warrant, an authorised person, and any other person named in the warrant, may enter and inspect any premises for any purpose relating to the

enforcement of this Act.

Section 12A.(3) of the Act –

If he is satisfied that there are reasonable grounds for doing so, a Justice of the Peace may issue a warrant for the purposes of subsection (2).

 

 

PART 5  -  DOGS IN PUBLIC PLACES

 

Control of dogs in certain public places

Section 31 of the Act -

(1)          A dog shall not be in a public place unless it is — 

              (a)      held by a person who is capable of controlling the dog; or

              (b)     securely tethered for a temporary purpose, by means of a chain, cord, leash or harness of sufficient strength and not exceeding the prescribed length.

(2A)       Despite subsection (1), a dog shall not be in a public place —

              (a)      at all if the place is specified under subsection (2B) as a place where dogs are prohibited at all times; or

              (b)     at a time when the place is specified under subsection (2B) as a place where dogs are prohibited at that time.

(2B)      A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place, or a class of public place,  that is under the care, control or management of the local government to be a place where dogs are prohibited —

               (a)     at all times; or

               (b)     at specified times.

(2)     A dog is exempt from the requirements of subsection (1) if —

               (a)     it is in a dog exercise area specified under subsection (3A); or

               (b)     it is in a public place that is in an area of the State outside the metropolitan region or outside a townsite, and that is not a rural leashing area specified under subsection (3B); or

               (c)     it is in or on a vehicle; or

              (d)     it is being exhibited for show purposes; or

               (e)     it is participating in an obedience trial or classes conducted under the auspices of the body known as the Canine Association of Western Australia (Inc.) or a body approved by the local government in whose district the obedience trial or classes are conducted; or

              (f)      it is registered as being bona fide used in the droving or tending of stock and is being so used or is going to or returning from a place where it will be, or has been, so used; or

              (g)     it is a foxhound in a pack bona fide engaged in hunting or hound exercise or in going to or returning from hunting or hound exercise; or

              (h)     it is being used for retrieving, duck hunting or other customary sporting purposes.

 

[the definition of townsite under section 3 of the Act includes …(d) land within a town or a city under the Local Government Act 1995 that is outside the metropolitan area.

Therefore:

- There are no public places within the City of Busselton that are outside a townsite; and

- The exemption under section 31(2)(b) does not apply to the City of Busselton]

 

 

5.1     Places where dogs are prohibited absolutely

 

(1)    Designation of places where dogs are prohibited absolutely is dealt with in the Act.

 

Local Government may specify public places where dogs are prohibited

See section 31(2B) of the Act above.

 

(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.

 

Local Government may specify dog exercise areas          

Section 31 (3A) of the Act –

A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place, or a class of public place, that is under the care, control or management of the local government to be a dog exercise area.

 

Control of dogs in exercise areas and rural areas

Section 32 of the Act-

(1)   A dog shall not be in —

          (a)          a dog exercise area specified under section 31(3A); or

(b)          a public place that is in an area of the State outside the metropolitan region or outside a townsite, and that is not a rural leashing area specified under section   31(3B),

unless —

          (c)          the dog is being held in the way referred to in section 31(1)(a); or

          (d)         the dog is being tethered in the way referred to in section 31(1)(b); or

          (e)          the dog is not a greyhound and is being supervised by a competent person who is in reasonable proximity to the dog.

(2)   A person is a competent person for the purposes of subsection (1) only if —

(a)          he is a person who is liable for the control of the dog;

(b)          he is capable of controlling it; and

(c)          he is carrying and capable of attaching to the dog for the purpose of controlling it, a chain, cord, leash or harness of sufficient strength and not exceeding the prescribed length.

The exemptions in section 31(2) (other than paragraphs (a) and (b)) also apply for the purposes of subsection (1).

(4) If a dog is at any time in any place in contravention of subsection (1) every person liable for the control of the dog at that time commits an offence unless the person establishes a defence under section 33B.

Penalty: a fine of $5 000.

  (5)    This section does not apply to a dangerous dog.

 

 

PART 6  - MISCELLANEOUS

 

6.1     Offence to excrete

 

(1)     A dog must not excrete on –

 

                       (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.

 

 

PART 7  -  ENFORCEMENT

 

7.1     Interpretation

 

In this Part -

 

            infringement notice means the notice referred to in clause 7.5; and

 

            notice of withdrawal means the notice referred to in clause 7.8(1).

 

 

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.

 

Restriction on appointment of authorised persons

Section 9.23 of the Local Government Act 1995 -

A person who is authorised to give infringement notices under section 9.16 is not eligible to be an authorised person for the purposes of section 9.17, 9.19 or 9.20.

 

[In effect a person appointed by appointed by the local government to perform the function of issuing infringement notices, is not eligible to be appointed to perform the function of withdrawing infringement notices]

 

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 her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government.

 


SCHEDULE 1 

[clause 4.2]

 

City of Busselton Dogs Local Law 2014

Application for a licence for an approved kennel establishment

 

 

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.

 

I confirm that I have read and agree to comply with the Code of Practice known as ………………………………………………………, in the keeping of dogs at the proposed kennel establishment**.

 

Signature of applicant  ......................................................................

 

Date  ...............................................................................................

 

*        delete where inapplicable.

**      see clause 4.2(d).

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

[clause 4.8(1)]

 

Conditions of a licence for an approved kennel establishment

 

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 authorized 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

[clause 7.2]

 

Offenses in respect of which Modified Penalties apply

 

 

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

$50

$200

4.8

Failing to comply with the conditions of a licence

$100

$200

5.1(2)

Dog in place from which prohibited absolutely

$200

$400

6.1(2)

Dog excreting in prohibited place

$40

      $50

 

____________________________

 

 

 

This local law was made at the meeting of the Council of the City of Busselton on [insert date].

 

The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of –

 

 

______________________________________

IAN WILLIAM STUBBS, Mayor

 

 

______________________________________

MIKE STEPHEN LEE ARCHER, Chief Executive Officer

                                                                                    

 

         

 

 

 


Council

55

13 August 2014

10.3

Attachment b

Dogs Local Law Gazettal Version

 

 

 

 

 

 

 

 

 

 

 

 

 

City of Busselton

 

DOGS LOCAL LAW 2014

 

 

 

LOCAL GOVERNMENT ACT 1995

 

DOG ACT 1976

 


TABLE OF CONTENTS

 

 

PART 1  -  PRELIMINARY

1.1       Citation

1.2       Repeal

1.3       Commencement

1.4       Definitions

1.5       Application

PART 2  -  IMPOUNDING OF DOGS

2.1       Fees, charges and costs

2.2       Attendance of pound keeper at pound

2.3       Release of impounded dog

2.4       No breaking into or destruction of pound

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   Objections and appeals

4.16   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

SCHEDULE 2

SCHEDULE 3

 

 

 


LOCAL GOVERNMENT ACT 1995

DOG ACT 1976

 

City of Busselton

 

DOGS 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 City of Busselton resolved on [insert date] to make the following local law.

 

 

PART 1  -  PRELIMINARY

 

1.1     Citation

 

This local law may be cited as the City of Busselton Dogs Local Law 2014.

 

1.2     Repeal

 

The Shire of Busselton Dog Bylaws 1991 published in the Government Gazette on 26 July 1991 is repealed.

 

1.3     Commencement

 

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

 

1.4     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 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;

 

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 the Act, other areas which although not being within the boundaries of the district are regarded for those purposes as being part of the district;

 

local government means the City of Busselton;

 

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;

 

Planning Consent means an approval issued under the a local planning scheme;

 

pound means any facility, or any replacement facility, established as a pound by the local government 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;          

 

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.

 

1.5     Application

 

This local law applies throughout the district.

 

 

PART 2  -  IMPOUNDING OF DOGS

 

2.1     Fees, charges and costs

 

The following fees, charges and costs 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

 

(c)   the costs of 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 (or in the absence of the pound keeper, to the CEO) 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     No breaking into or destruction of pound

 

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 the fence used to confine the dog and every gate or door in the fence is of a type, height and construction which having regard to the breed, age, size and physical condition of the dog is capable of preventing the dog at all times from passing over, under or through it;

 

(c)   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;

 

(d)   maintain the fence and all gates and doors in the fence in good order and condition; and

 

(e)   where no part of the premises consists of open space, yard or garden or there is no open space or 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 which have been –

 

(a)   licensed under Part 4 as an approved kennel establishment; or

 

            (b)   granted an exemption under section 26(3) of the Act.

 

(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, 2 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 -

 

adjoining includes land or premises which have a portion of a common boundary with a lot or is separated from that lot by a public reserve, road, right-of-way, pedestrian access way, access leg of a battle-axe lot or the equivalent not more than 6m in width;

 

licence means a licence to keep an approved kennel establishment on premises;

 

licensee means the holder of a licence;

 

premises means, in addition to the meaning given to it in section 3 of the Act, 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 4.13.

 

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 CEO, 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 adopted or nominated by the local government;

 

(e)   the fee for the application for a licence referred to in clause 4.9(1); and

 

(f)   a copy of a Planning Consent issued by the local government under a local planning scheme.

 

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 CEO, 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.

 

(3)   A licensee who fails to comply with the conditions of a licence commits an offence.

 

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 to 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 4.9(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 4.9(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 4.14(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 4.12(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 4.12 (2)(a); and

 

(g)   a licensee of the cancellation of a licence under paragraphs (b) or (c) of clause 4.12(2), which notice is to be given in accordance with section 27(6) of the Act.

 

4.15   Objections and appeals

 

(1) Where the local government makes a decision as to whether it will –

 

(a) grant an application for a licence;

 

(b) vary or cancel a licence; or

 

(c) impose or amend a condition to which a licence is subject,

 

the provisions of Division 1 of Part 9 of the Local Government Act 1995 and regulation 33 of the Local Government (Functions and General) Regulations 1996 apply to that decision.

 

(2)   Under these provisions, an affected person may have the right to object to, or to appeal against, a decision of the local government.

 

4.16   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.

 

 

PART 6  - MISCELLANEOUS

 

6.1     Offence to excrete

 

(1)     A dog must not excrete on –

 

                       (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.

 

 

PART 7  -  ENFORCEMENT

 

7.1     Interpretation

 

In this Part -

 

            infringement notice means the notice referred to in clause 7.5; and

 

            notice of withdrawal means the notice referred to in clause 7.8(1).

 

 

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 her or him, or as recorded by the local government under the Act, or as ascertained from inquiries made by the local government.

 


SCHEDULE 1 

[clause 4.2]

 

City of Busselton Dogs Local Law 2014

Application for a licence for an approved kennel establishment

 

 

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.

 

I confirm that I have read and agree to comply with the Code of Practice known as ………………………………………………………, in the keeping of dogs at the proposed kennel establishment**.

 

Signature of applicant  ......................................................................

 

Date  ...............................................................................................

 

*        delete where inapplicable.

**      see clause 4.2(d).

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

[clause 4.8(1)]

 

Conditions of a licence for an approved kennel establishment

 

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 authorized 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

[clause 7.2]

 

Offenses in respect of which Modified Penalties apply

 

 

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

$50

$200

4.8

Failing to comply with the conditions of a licence

$100

$200

5.1(2)

Dog in place from which prohibited absolutely

$200

$400

6.1(2)

Dog excreting in prohibited place

$40

      $50

 

____________________________

 

 

 

This local law was made at the meeting of the Council of the City of Busselton on [insert date].

 

The Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in the presence of –

 

 

______________________________________

IAN WILLIAM STUBBS, Mayor

 

 

______________________________________

MIKE STEPHEN LEE ARCHER, Chief Executive Officer

                                                                                    

 

         

 

 

 


Council                                                                                      71                                                                 13 August 2014

10.4           Policy and Legislation Committee - 17/07/2014 - SALARY PACKAGING POLICY

SUBJECT INDEX:

Salary Packaging

STRATEGIC OBJECTIVE:

An organisation that is managed effectively and achieves positive outcomes for the community.

BUSINESS UNIT:

Finance and Corporate Services  

ACTIVITY UNIT:

Employee Services & Risk

REPORTING OFFICER:

Human Resources Coordinator - Megan Crossley

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Salary Packaging Policy 2014  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 July 2014, the recommendations from which have been included in this report. 

This item is presented for consideration for acceptance onto the agenda for the 17 July 2014 meeting of the Policy and Legislation Committee in accordance with Section 5.1(3) of the Standing Orders Local Law.

 

PRÉCIS

 

This report presents a revised Salary Packaging Policy for Council approval.  It was agreed in the recently approved City of Busselton Enterprise Agreement 2014 that the ability to provide further salary packaging benefits for employees would be researched and a report provided to Council.   In particular the inclusion of Remote Area Housing benefits for those with a mortgage was sought.  Currently the City provides Remote Area Housing benefits for those who rent only.

 

Based on research conducted the attached policy has been revised to provide for three additional benefits

·     Airline Lounge Membership

·     Remote Area Housing - Mortgage Interest

·     Remote Area Domestic Energy

 

Salary packaging is considered an effective attraction and retention tool and continuing to offer and improve these benefits will assist the City in meetings its Workforce Planning strategy of “Retaining our staff through attractive remuneration, benefits and innovative practices”.

 

 

BACKGROUND

 

In April 2012 Council endorsed a new Salary Packaging Policy which allowed City employees to salary package a number of benefits in addition to those available at the time (Superannuation, City uniforms and recreational facility fees); namely Remote Area Rent, Living Away From Home Allowance and Novated Leasing of Vehicles (C1204/095).

 

The remote area rent and living away from home benefits are available to employees by virtue of a portion of the City of Busselton and surrounding localities being considered a ‘Remote Locality’ by the ATO.  Under the ATO’s definition of ‘remote area’ a locality is considered remote if it is ‘over 40 kms from a town with a population of 14,000 or more, and over 100 kms from a town with a population of 130,000 or more’.  Hence remote area concessions can be utilised to offset the increased cost of living expense incurred by individuals living in a remote locality, and are FBT exempt for the City. 

 

Since endorsement of the policy two (2) employees have taken up the Novated Leasing of Vehicles benefit and 15 employees are currently accessing the remote area rental benefit, all of which is done via an external packaging company Pay Plan.

 

The policy currently provides a remote area housing benefit to those who rent their current place of residence only.  There is the option however to provide employees who currently pay a mortgage on their home with the ability to salary package the interest payments on that mortgage.  The mortgaged residence must be within the remote area and must be the employee’s primary of residence and the mortgage must have been taken out (and be) solely for the purchase of the home. 

 

As part of the recent Enterprise Agreement negotiations staff requested that the City look further into the possibility of providing remote area housing for mortgages along with any other benefits that would allow them to access greater tax savings through a legitimate avenue.  The City committed to do this noting its obligation to ensure that any benefits introduced could be effectively managed and did not pose a risk for the City.

 

Officers have undertaken this research and have determined that there are a number of additional benefits that the City could offer their employees at minimal cost / risk to the City, namely:

·        Airline Lounge Membership

·        Remote Area Housing Mortgage Interest

·        Remote Area Domestic Energy

 

STATUTORY ENVIRONMENT

 

Salary packaging is a complex area of remuneration management and the Council must comply with the requirements of the Australian Taxation Office (“ATO”) and relevant State and Federal taxation legislation and regulations associated with FBT and salary packaging.

 

Fringe Benefits Tax

 

Legally FBT is payable by the employer for any non-cash benefits provided to employees. There are however certain benefits which are classified as concessional or FBT exempt benefits.  The majority of benefits offered through the current Council Policy, with the exception of Novated Lease motor vehicles, are FBT exempt.  Under the current policy any FBT costs and / or related costs associated with the benefits are borne by the employee and factored into the packaging arrangement. 

 

Under the revised policy remote area housing for mortgages and remote area domestic energy attract FBT on 50% of the value of the interest reimbursed.  Again though this cost will be borne by the employee under the policy.

 

Fringe benefits provided to staff (whether salary packaged or not) are, unless exempt, required to be reported on a staff member's Payment Summary where the aggregate taxable value of fringe benefits provided exceeds $2,000 per FBT year. Further it is the grossed-up value (i.e. multiplied by 1.9417) that is required to be shown on the Payment Summary.  Whilst this amount will not be taxable income, it will be taken into account for the purposes of determining the application of certain surcharges, levies and Government entitlements, such as the additional Medicare levy and Family Tax Benefits.  Employees will need to be aware of this and seek their own financial advice prior to entering into any salary packaging arrangement.

 

The additional benefits proposed to be introduced, (Airline Lounge Membership and Remote Area Domestic Energy), are exempt from FBT payment summary reporting.

 

Australian Taxation Office Requirements – Tax Compliance

 

Employees cannot claim a tax deduction on packaged benefits and are required to observe all standards set by the ATO regarding salary packaging. The standards require complete proof of expenditure and adherence to the employees nominated flexible remuneration. Regular requests for proof of expenditure are undertaken by Human Resources and the external salary packaging provider. Failure to observe these standards can result in ATO penalties for the employee.

 

Organisational compliance will be provided for within the requirements of this Council Policy and employee compliance will continue to be managed within the existing terms and conditions of their employment and the Salary Packaging Agreement.

 

RELEVANT PLANS AND POLICIES

 

The adoption of the revised Salary Packaging Policy will provide greater access to more employee benefits, and aid the City in achieving its Workforce Plan strategy of “Retaining our staff through attractive remuneration, benefits and innovative practices.

 

From an administrative perspective, the adoption of the revised salary packaging policy will require changes to participating employees pay details and may also result in some minor stand down time as employees attend voluntary education sessions on the additional benefits available. 

 

FINANCIAL IMPLICATIONS

 

The majority of our current salary packaging benefits are administered through an external provider, Pay-Plan.  Pay Plan has been working with the City for the past two (2) years and have advised that there are no further charges associated with the set-up of the additional benefits. 

 

The cost of any associated fees and charges (administrative or FBT) for each package arrangement will be borne by the employee.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Officers recommendation aligns with and supports the Council’s Strategic Community Plan 2013, specifically Key Goal – “Open and Collaborative Leadership”.

 

RISK ASSESSMENT

 

A risk assessment was previously undertaken to assess potential risks associated with salary packaging benefits currently on offer to employees and the overall risk assessment was low.  In introducing extended benefits under the current policy the City sought and received Tax Rulings from the ATO.  These rulings aligned with information provided by Pay Plan and the City’s tax advisers, UHY Norton.  Whilst not having sought tax rulings in relation to the additional benefits proposed in the revised policy, officers have liaised extensively with Pay Plan and with the City’s tax advisers.

 

While the Remote Area Housing Mortgage Interest has strict eligibility criteria, the City, through its external administrator Pay-Plan, conducts a thorough assessment of eligibility prior to packaging the benefit, with employees having to provide mortgage and settlement documents for review along with loan statements showing the interest paid and being claimed.  Pay Plan also conducts regular monitoring to ensure employees remain compliant. 

 

As with the already provided salary packaging benefits, a Salary Packaging Agreement is drawn up between the City, Pay-Plan and the employee for all of the additional benefits proposed and there is a very strong focus on the employee complying with all ATO and declaration requirements. There is also a very strong message contained within these Agreements that should an employee provide false information that could damage the reputation and the image of the City, as well as put the City at a financial risk, then harsh disciplinary action would be undertaken, and most likely the outcome would be termination of employment.

 

CONSULTATION

 

Consultation and research undertaken with the City’s Tax Advisors and Pay-Plan have shown that the additional benefits being proposed within this report are deemed eligible to be offered to the City employees and would allow them to access greater tax savings through a legitimate avenue.

 

OFFICER COMMENT

 

It is recommended that Council introduce additional salary packaging benefits through endorsement of the attached revised salary packaging policy. A brief overview of the additional salary packaging benefits is provided below.

 

It is recommended that the revised policy come into effect as of 1 September 2014 but that allowable benefits be provided for back to an effective date of 1 July 2014.  There is no time limit on salary packaging expenses incurred prior to the arrangement being in place, however in order to ensure tighter control over the arrangement and in particular to mitigate the risks associated with remote area housing mortgage interest and loan terms changing over a longer historical period, perhaps rendering them ineligible at some point, the policy provides for back dating to 1 July 2014 only.   This date also aligns with the beginning of the financial year and with the approval of the Enterprise Agreement. 

 

Airline Lounge Membership

 

Employees can apply to salary package the cost of their “entitlement to use an Australian Airline Lounge Membership”, e.g. the Qantas Club, by being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly. These membership fees are “tax free” when provided to an employee as part of a salary packaging arrangement. 

 

Allowable under this benefit are:

·        Airline lounge membership joining fee

·        Airline membership annual renewal fee

·        Membership fees to more than one airline lounge facility are permitted

 

Frequent Flyer membership fees are not eligible for salary packaging as they do not give an entitlement to use an airline lounge facility.

 

Remote Area Housing Mortgage Interest

 

Subject to strict qualifying criteria, employees that have a mortgage on their home in a remote area can apply to salary package their interest expenses on the mortgage.  The home must be their usual place of residence.

 

The employee receives reimbursement of 100% of their interest expenses paid through being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly, noting that superannuation contributions will be based on their salary prior to the reduction.  50% of the reimbursement does however attract FBT, which is payable by the employee. 

 

Under the policy the employee is only able to package interest paid during the period of their employment with the City of Busselton and only from 1 July 2014 onwards.

 

There are a number of strict eligibility criteria that the employee must satisfy (and maintain) for this benefit to be provided.  These are detailed in the attached revised policy.  The City, through its external provider Pay-Plan, will ensure compliance is met at all times with the employee being required to provide such things as:

 

·    Property settlement papers showing the purchase details for the house

·    Copy of bank letter showing the loan arrangement – whereby the loan must be in the employee’s name or jointly with their spouse and for the purposes of the purchase of the house only

·    Mortgage statements clearly identifying the interest reimbursement sought

 

Remote Area Domestic Energy

 

Employees who package remote area housing benefits can apply to salary package 100% of the value of the cost of their residential electricity and gas expenses tax free through being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly.  Like remote area housing mortgage interest 50% of the reimbursement does however attract FBT, which is payable by the employee.  

 

The employee is only able to package energy costs paid during the period of their employment with the City of Busselton and for the period that they are / have been claiming a remote housing benefit.

 

As per the remote area mortgage interest the employee must provide to the City tax invoices and any other required evidence of purchase and payment of the domestic energy and that the energy was used in the house being packaged (e.g.  electricity bills and / or gas bills).  These must be submitted to the City on a regular basis.  The invoices must be in the employee’s name or jointly with their spouse or partner.   In order to better control the eligibility of the benefit the policy restricts reimbursements to payments for gas where the gas is mains gas or for the purchase of large size (45kg or greater) bottles only. 

 

Note it is recommended that this benefit only be offered to employees if the Remote Area Mortgage Interest benefit is also approved. Otherwise only those employees eligible to salary package Remote Area Rental would benefit from this additional benefit without those who pay a mortgage on a home being provided with the ability to access it.

 

Living Away From Home Allowance

 

Living Away From Home Allowance (LAFHA) has been provided for since the introduction of the Salary Packaging Policy, with its availability being restricted to staff at a level 7 and above under the current policy.  Changes made by the government to LAFHA since then have however further limited its availability and attractiveness.  LAFHA can only now be provided for a maximum of one year and to qualify an employee must maintain a primary place of residence for their own personal use. Renting out an owned home or cancelling the lease of the premises at the home location is likely to fail the ‘maintained for personal use’ criteria.  Additionally all expenses must be quantified now as opposed to employees being provided an allowance for living away from home expenses based on a reasonable amount. 

 

Given this, and given the difficulty in administering the benefit (Pay Plan have indicated they are not able to administer this benefit) it is recommended that LAFHA be withdrawn as an allowable benefit under the revised policy.  It should be noted that since the introduction of the current policy there has been no employee take-up of the benefit, predominantly due to the majority of employees relocating permanently to the City upon accepting a position.

 

CONCLUSION

 

Looking forward, the introduction of further salary packaging benefits to City employees will strengthen the City as a great place to work and live and will act as a tool to attract and retain staff.   The current salary packaging policy only provides remote area housing benefits for those who rent.  This has been noted as unfair by employees since the introduction of the policy and through the recent enterprise agreement negotiations.  Further research has indicated that the City is able to provide those who have a mortgage on their primary place of residence the ability to package their mortgage interest, although there are strict criteria that apply in terms of the purpose of the loan and FBT is payable on 50% of the value reimbursed.  Despite this it is recommended that Council support the inclusion of this as an allowable benefit under a revised policy, and that Council also support the provision of remote area domestic energy and airline memberships as allowable benefits.

 

OPTIONS

 

1.         The Council may not agree with the recommendation to introduce some or all of the additional salary packaging benefits and hence may require a different approach or policy position.  If Council chooses not to provide remote area housing mortgage interest as an allowable benefit officers would recommend also not providing remote area domestic energy.

 

TIMELINE FOR IMPLEMENTATION OF RECOMMENDATION

 

The new policy will be effective as of 1 September 2014.

 

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.    Adopts the attached Salary Packaging Policy, to replace the current Salary Packaging Policy, to come into operation from 1 September 2014.

 

 


Council

79

13 August 2014

10.4

Attachment a

Salary Packaging Policy 2014

 

 

Number

Salary Packaging

Version 2

 

1.            PURPOSE

 

The objective of this policy is to make various salary packaging options available to eligible City of Busselton employees and to provide the guiding document for the provision of such benefits.  Salary Packaging is primarily an attraction and retention tool and hence this policy aims to increase staff attraction and retention.  

 

2.            SCOPE

 

This policy applies to all full time, part time and fixed term employees (longer than 12 months duration), subject to meeting specific eligibility criteria relevant to the packaged benefit sought.  Due to the variant hours of casual employees, they are able to access salary packaging of superannuation only, and are therefore not covered under this policy.

 

This Policy provides for the salary packaging of allowable benefits:

 

Superannuation is already offered as a salary packaging benefit by Council and will continue to be offered outside of this Policy. 

 

Definitions

 

Allowable Benefits                         The following range of Salary Packaging Benefits:

Work Related Items – i.e. laptops, mobile phones

Leisure Centre and Child Care Fees (at City operated premises only)

Novated Leasing of Vehicles

Remote Area Housing Benefit

·    Rental

·    Mortgage Interest

Remote Area Domestic Energy

Airline Lounge Membership

ATO                                                       Australian Taxation Office

Base Cash Salary                              Remuneration in accordance with relevant workplace agreement or contract of employment paid by way of regular periodic cash payments subject to PAYG tax.  This does not include superannuation guarantee contributions.

Benefit                                                 Any non-cash benefit and cash payment (other than base salary) made or expected to be made for the benefit of the employee

Fringe Benefits Tax (FBT)              Tax payable by the City to the Government on some categories of benefits provided to employees

FBT Year                                              1 April to 31 March each year

Otherwise deductible                   A legitimate expense incurred in the course of earning assessable income which could otherwise be claimed by the employee at the time of submitting an income tax return

PAYG                                                    Pay As You Go taxation

Remote Area                                     An area ‘over 40 kms from a town with a population of 14,000 to less than 130,000, and over 100 kms from a town with a population of 130,000 or more’.  Note not all of the City of Busselton district is classified as a remote area.  A map showing the cut off is available in the City’s Salary Packaging Guide.

Salary Packaging                              An arrangement between an employee and employer whereby the employee elects to exchange cash salary for benefits but for the purposes of this Policy does not include superannuation. 

Salary Sacrifice                                 Allocation of amount of money to be deducted from gross earnings before PAYG tax deductions are calculated

Total Remuneration                       Total package value assigned to the permanently occupied position that the employee is entitled to receive under an agreement or contract of employment with the City expressed as an annual sum. 

 

3.0          POLICY CONTENT

 

Salary packaging will be made available to employees as a benefit in accordance with City operational practices and procedures and in accordance with ATO legislation, rulings, and any other relevant legislation, as amended from time to time, but only to the extent of the Allowable Benefits as defined in this Policy.

 

Salary packages will be adjusted accordingly (within an employee’s agreed total remuneration) to account for variations in a salary packaging arrangement, including variations in Allowable Benefits, taxation, and scheme participation.  No employee may salary package more than 50% of their Total Remuneration.

 

Salary Packaging Arrangements will be administered at minimal financial cost to the City and where required by the CEO, Executive or Human Resources staff, by an external salary packaging provider approved by the City.  As part of any salary packaging arrangement, the cost of administering the package (if applicable) is to be met by the participating employee.  Any Fringe Benefits Tax (FBT) or other tax liability is to be met by the participating employee and the employee must agree to this by signing a salary packaging agreement prior to entering into a salary packaging arrangement with the City. 

 

It is an individual employee’s responsibility to monitor packaging arrangements and to be aware of and responsible for any individual consequences of participating in an arrangement relating to allowable benefits.  The City strongly urges employees contemplating salary packaging to seek independent financial or other appropriate advice.  

 

Benefits of participation will vary according to individual circumstances and individual participation, therefore participation is a matter of individual employee decision, responsibility and risk. 

 

 

 

 

 

 

3.1          Responsibilities:

 

Elected Members will:

 

·    Ensure guidelines for salary packaging are put in place via this policy; 

·    Review this policy on a periodic basis as required.

 

CEO and Executives will:

 

·    Endorse and enforce all standards documented in this policy;

·    Endorse and enforce operational salary packaging practices and procedures which includes, but is not limited to:

Eligibility Criteria

Rules for application of salary packaging;

Processes and/or forms to ensure an effective, compliant scheme;

Information capture requirements;

Training requirements.

·    Regularly review salary packaging opportunities to continuously identify opportunities for improved attraction and retention of staff.

·    Establish mechanisms to monitor compliance with this policy;

·    Establish processes to deal with instances of non-compliance to this policy or related operational practices and procedures.

 

Managers will:

 

·    Ensure officers under direct and indirect supervision are aware of and are following guidelines detailed in this policy and related operational practices and procedures;

·    Ensure new employees are made aware of the salary packaging policy and related operational practices and procedures;

·    Implement endorsed procedures to deal with instances of non-compliance to this policy or related operational practices and procedures.

 

Human Resources will:

 

·    Develop operational salary packaging practices and procedures for the effective, compliant implementation of this policy;

·    Support Managers and Employees in the application of this Policy and related operational practices and procedures;

·    Monitor the integrity of the scheme in liaison with relevant finance staff;

·    Assist the CEO and Executives in the review of salary packaging opportunities.

 

Employees will:

 

·    Comply with this policy and associated procedures;

·    Consider personal implications of participation and take and pay for their own expert advice where necessary.

·    Sign the appropriate Agreement provided to them.

 

 

 

 

 

 

3.2          Eligibility Criteria

 

Specific eligibility and participation criteria will apply dependant on an employee’s employment status at a point in time, and the benefit provided.  These will be detailed in the City’s operational practices and procedures.

 

All salary packaging arrangements, with the exception of novated leasing, cease immediately when an employee leaves the City or is on Leave Without Pay (LWOP) for a period exceeding 10 days.  This includes employees on parental leave.  Employees on LWOP must ensure that the reduced income and any payment consequences of that are notified and discussed with HR or the relevant external provider at least one (1) month prior to taking the leave.

 

Salary Packaging, with the exception of novated leasing, will be suspended during claims for Workers Compensation.  As Workers Compensation is calculated on the taxable income, figures submitted to LGIS in relation to a claim will be based on the normal base wage applying to that employee (as would be the case without salary packaging).

 

Superannuation contributions are calculated on base salary i.e. salary before the deduction of any salary sacrifice monies.

 

The following benefit specific eligibility criteria applies:

 

Remote Area Housing – Rental

 

All employees, within the scope of this Policy, may be eligible for remote area housing benefits whereby they rent a property privately within a Remote Area. 

 

CEO and Directors, subject to the prior agreement of the Council only, may be eligible for City provided housing and associated remote housing benefits.   

 

Remote Area Housing – Mortgage Interest

 

All employees, within the scope of this Policy, may be eligible for remote area mortgage interest benefit whereby they own and live in a property located within a Remote Area.

 

3.3          Salary Packaging Benefits – Participation Requirements and Rules

 

General Requirements

 

All employees entering into a salary packaging arrangement for the purposes of an allowable benefit must enter into an agreement as appropriate to the type of benefit.  All employees must ensure compliance with the agreement entered into and all organisational practices and procedures, as amended from time to time.

 

Specific Benefit Requirements 

 

Work Related Items

 

The following items, where used for work purposes only and not provided by the City, may be paid for from an employee’s pre-tax salary:

·    portable electronic devices (laptops, mobile phones and PDA’s)

·    protective clothing

·    briefcase

·    calculator

·    computer software

 

There is a limit of one item per category per FBT year.

 

Novated Leasing of Vehicles

 

Novated car leases for new or used cars may be packaged by employees.  A car classified as ‘luxury’ by the ATO cannot be salary packaged.  Novated leases may not be entered into for City provided (fleet) vehicles.

 

In entering into a novated lease, Council and an employee will enter into an agreement with the financier whereby Council will ensure repayments under the finance lease are made by deducting the repayment amount from the employee’s salary.   

 

The employee will own the vehicle and has the right to take the vehicle with them should they leave employment of the City. 

 

On termination of the employee’s employment, or on termination of the novated lease, the responsibility of the vehicle is passed on to the employee.  This will also occur when the employee is on extended periods of LWOP and/or Workers Compensation

 

Remote Area Housing

A portion of the City of Busselton district, is considered a ‘Remote Locality’ under the ATO’s definition of ‘Remote Area’. Additionally areas outside of the City of Busselton district where employees may reside are also considered a Remote Area. Where an employer subsidises certain costs that employees incur in acquiring accommodation in Remote Areas, housing assistance concessions may be applicable.  Specifically, eligible employees may salary package the following items under this Policy:

Rent - Employer Provided Housing

 

Council, at its discretion may agree to provide eligible employees with a Council owned or leased rental property as part of their package, whereby the employee may enter into a salary sacrifice arrangement to salary package 100% of the rental value tax free. 

 

Rent - Private Rentals 

 

Employees renting privately (i.e. employees who have a rental agreement with a landlord or agency), within a Remote Area can apply to salary package 50% of their rental value tax free through being paid part of their total remuneration as a non-taxable remote housing reimbursement.  Their Base Cash Salary will be reduced accordingly.

 

Rental value relates to the employee’s portion of the rental payment only, i.e. if an employee rents with another non dependant person, then the rental value will be half of the total rental value paid.

 

The employee must provide to the City a copy of their rental lease and this must clearly specify the rent payable, the term of the lease, and show them as the lessee or co lessee of the rental property.  The employee must also sign a declaration stating whether they rent the property alone or with others and whether those others are dependants or not.

 

Mortgage Interest

 

Subject to further qualifying criteria below, employees that have a mortgage on their home and which is in a Remote Area can apply to salary package their interest expenses on the mortgage.  The home must be their usual place of residence.

The employee receives reimbursement of 100% of their interest expenses paid through being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly.  50% of the reimbursement does however attract FBT, which is payable by the employee.  The reimbursement is not a reportable fringe benefit and is therefore exempt from payment summary reporting.

 

The employee is only able to package interest paid during the period of their employment with the City of Busselton and only from 1 July 2014 onwards.

 

To be eligible to access a Mortgage Interest benefit under this Policy, the mortgage that an employee holds must be in strict accordance with the following criteria:

·    The sole purpose of the loan must have been for the purchase of the employees home;

·    The employee must reside in this property as their primary place of residence;

·    The loan can be fixed and/or variable;

·    The loan may be a principal and interest type loan or an interest only loan.  In the event that an interest only loan is converted to a principal and interest loan, consolidation of other debts into the loan will disqualify it from eligibility;

·    The loan cannot have a redraw facility;

·    The ‘home’ must be a house, unit, flat or apartment (a caravan or mobile home is not considered a ‘home’ for these purposes)

 

The employee must provide to the City any evidence required to demonstrate the above criteria is met.  Typically this will be:

·    Property settlement papers showing the purchase details for the house

·    Copy of bank letter showing the loan arrangement – whereby the loan must be in the employee’s name or jointly with their spouse and for the purposes of the purchase of the house only

·    Mortgage statements clearly identifying the interest reimbursement sought

 

Remote Area Domestic Energy

 

Employees who package remote area housing benefits can apply to salary package 100% of the value of the cost of their residential electricity and gas expenses tax free through being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly.  50% of the reimbursement does however attract FBT, which is payable by the employee.  The reimbursement is not a reportable fringe benefit and is therefore exempt from payment summary reporting.

 

The employee is only able to package energy costs paid during the period of their employment with the City of Busselton and for the period that they are / have been claiming a remote housing benefit.

 

The employee must provide to the City tax invoices and any other required evidence of purchase and payment of the domestic energy and that the energy was used in the house being packaged (e.g.  electricity bills and / or gas bills).  Reimbursements for gas will be for connected mains gas or for the purchase of large size (45kg or greater) bottles only.  These must be submitted to the City on a regular basis.  The invoices must be in the employee’s name or jointly with their spouse or partner.

 

Airline Lounge Membership

 

Employees can apply to salary package the cost of their “entitlement to use an Australian Airline Lounge Membership”, e.g. the Qantas Club, by being paid part of their total remuneration as a reimbursement.  Their Base Cash Salary will be reduced accordingly. These membership fees are “tax free” when provided to an employee as part of a salary packaging arrangement. 

 

Allowable under this benefit are:

·    Airline lounge membership joining fee

·    Airline membership annual renewal fee

·    Membership fees to more than one airline lounge facility are permitted

 

Frequent Flyer membership fees are not eligible for salary packaging as they do not give an entitlement to use an airline lounge facility.

 

To be eligible for this benefit, the tax invoice must be in the employee’s name.

 

Policy Background

 

Policy Reference No. -   

Owner Unit –                                     Employee Services & Risk

Originator –                                        Employee Services & Risk

Policy approved by –                       Council

Date Approved -                               For consideration

Date Reviewed -                               As required

Related Documents                        Salary Packaging Operational Practices, Procedures and Manuals

Salary Packaging Agreement

City of Busselton Enterprise Agreement 2014

History

 

Council Resolution

Date

Information

 

 

Amended Policy to include Remote Area Mortgage Interest, Remote Area Domestic Energy, Airline Lounge Membership

Version 3

C1204/095

24 April 2012

Broader capacity for local government officers to have access to salary packaging options in accordance with the Enterprise Agreement

Version 2

 

 

Version 1

 

 


Council                                                                                      85                                                                 13 August 2014

11.             Planning and Development Services Report

11.1           REVIEW OF THE CITY OF BUSSELTON'S ENERGY ACTION PLAN

SUBJECT INDEX:

Project - Energy Action Plan

STRATEGIC OBJECTIVE:

Growth is managed sustainably and our environment is protected and enhanced as we develop.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Planning Services

REPORTING OFFICER:

Senior Sustainability/Environment Officer - Mathilde Breton

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Draft City of Busselton Energy Action Plan 2014-2019  

  

 

PRÉCIS

 

This report seeks the Council’s endorsement of the revised City of Busselton Energy Action Plan 2014-2019 listed as Attachment A. The revised plan was prepared by the Energy Working Group and makes recommendations to reduce the City’s greenhouse gas emissions and energy costs. It is an update to the Corporate Energy Action Plan endorsed by Council in June 2010. It also includes a new section on initiatives proposed to be implemented to support and encourage the community to reduce their greenhouse emissions.

 

 

BACKGROUND

 

On 11 June 2008, the Council resolved (CO805/155):

 

That the Council:

 

(a) endorses the City’s participation in the Cities for Climate Protection Program and Water Campaign and works to complete the milestones within the resources available for implementation of the Environment Strategy […].

 

Resolution CO805/155 also included a budget allocation in the 2008/09 budget to commence implementation of the Cities for Climate Protection Program and Water Campaign.

 

On 9 December 2009, the Council then resolved (C0912/424):

 

That the Council:

 

(a) Endorses the following greenhouse gas emissions reduction goals:

 

*             A 50% per capita reduction by 2015 and a 70% per capita reduction by 2020 in corporate emissions on 2006/07 levels; and

 

*             A 25% per capita reduction by 2015 and a 40% per capita reduction by 2020 in community emissions on 2006/07 levels.

 

(b) Requests that the CEO prepare a more detailed energy action plan outlining specific actions to be implemented to reduce corporate and community greenhouse gas emissions and that this be provided to the Council for consideration by June 2010 […].

 

Resolution C0912/424 also provided guidance on the Council’s preferred greenhouse gas emission reduction initiatives, including the use of Green Power.

On 23 June 2010, the Council resolved (C1006/220):

 

That the Council

(a) endorses the City of Busselton Corporate Energy Action Plan (as amended) as the City’s strategy to reduce greenhouse gas emissions and energy usage of City’s assets and operations […].

 

Resolution C1006/220 also foreshadowed budget allocations in the 2010/11 budget to implement the Energy Action Plan. It also requested the CEO prepare a more detailed action plan outlining specific actions to be implemented to reduce community greenhouse gas emissions and supported the continuation of the City Energy Working Group.

 

Many actions of the Energy Action Plan have been implemented, resulting in a significant reduction in greenhouse emissions and energy costs for the City. It is now time to review the Energy Action Plan in order to identify additional opportunities to further reduce the City’s greenhouse footprint and mitigate future energy cost increases. The proposed review also includes some limited proposals on how the City can assist the local community in reducing their greenhouse emissions through education, behaviour change programs and planning and development processes

 

STATUTORY ENVIRONMENT

 

As per the Local Government Act 1995 Section 1.3 (3) In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.

 

There is no statutory requirement for the Council to reduce its greenhouse gas emissions. However the National Greenhouse and Energy Reporting (NGER) Act 2007 requires corporations and facilities that emit greenhouse gases above a certain threshold to report their emissions, energy usage and consumption, including some local governments. The City is currently not required to report its greenhouse gas emissions until its emissions from waste sent to landfill increase above a set threshold.

 

The Clean Energy Act 2011 set a carbon price for greenhouse gas emissions, which at present the City is not directly required to pay. However the City has been affected by higher electricity and gas prices since the Clean Energy legislation has been introduced. The Clean Energy legislation has recently been revoked, but notwithstanding that, there is still an expectation of future increases in the real cost of energy.

 

RELEVANT PLANS AND POLICIES

 

The City of Busselton Environment Strategy (2004) Action 7.4 recommends to “Join the Cities for Climate Protection (CCP) Program aimed at reducing greenhouse gas emissions and energy use”.

               

The review of the Energy Action Plan is in line with the Environment Policy (2011), which recommends that the City acts in accordance with all relevant environmental legislation and regulation, and endeavours to promote and implement environmental best practices in all areas of operation and decision making.

 

FINANCIAL IMPLICATIONS

 

Funding for implementation of actions recommended in the revised action plan will need to be built into the budget preparation process and ten-year financial plan when required, and as appropriate.

 

While some initiatives have high up front capital costs, it is important to consider their estimated payback period. Alternative financing options such as using financial reserves, leasing or borrowing may also be available, bringing forward energy saving initiatives, which otherwise would have been delayed due to a lack of funds. Delaying energy saving initiatives with a high return on investment can have a substantial cost in the medium to long term.

 

Where possible, external funding will be sought to implement the action plan. Some initiatives may only be pursued subject to external funding being secured.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The review of the Energy Action Plan is relevant to Key Goal Area 5 – Cared for and Enhanced Environment and Community and Objective 5.2 Growth is managed sustainably and our environment is protected and enhanced as we develop.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater. The following two medium risks were identified:

 

Risk

Category

Causes

Likelihood

Consequence

Risk

Projects have longer payback periods, using older technology

Financial

Technological improvements, which reduce payback periods if later technology used.

Possible

Minor

Medium

Raising community expectations

Reputational

Inclusion of some limited proposals to assist the community in reducing their greenhouse emissions despite current limited capacity to implement community wide greenhouse reduction programs.

Possible

Minor

Medium

 

The following controls are proposed to mitigate the risks:

 

Risk

Controls

Projects have longer payback periods, using older technology

Latest proven technologies will be used. Consideration will be given during the planning phase of the need to delay the implementation of a project to allow for the use of more up-to-date technologies. In many instances, the financial savings achieved from when the project is implemented will offset the cost savings of the new technology

Raising community expectations

Limitations included in Council report and draft Energy Action Plan on scope and extent of community section. Similar wording will be used in any communication with the media and the community.

 

 

 

CONSULTATION

 

The revised Energy Action Plan was prepared in-house, with significant involvement from the Energy Working Group (EWG). The EWG provided significant input on the proposed initiatives and endorsed the draft revised Energy Action Plan at its meeting on 1 July 2014.

 

The EWG comprises two Councillors and representatives from the following activity units of the City:

- waste management

- facility services

- fleet services

- environmental planning services

- recreation services

- information technology

 

The Environment Reference Group (ERG) was also consulted, in particular on the initiatives proposed for the community. The ERG supported the then draft revised Energy Action Plan at its meeting on 12 December 2013.

 

OFFICER COMMENT

 

Implementation of the Energy Action Plan and associated greenhouse emission reductions

 

The adoption of emissions reduction targets in 2009, followed by the adoption of the Energy Action Plan in 2010 created a strong framework and impetus for the City to start reducing its greenhouse footprint.

 

Some of the key achievements include the following:

 

2009

- Installation of a 5 kW solar PV system at the Geographe Leisure Centre.

 

2010

- Completion of energy audits for the following facilities: Kookaburra Caravan Park, Busselton Library, Busselton Depot and the Naturaliste Community Centre.

- Installation of a 2.66 kW solar PV system at the Naturaliste Community Centre and a 6.84 kW solar PV system at the Administration Office.

- Insulating all ceiling spaces of the Administration Centre and IT House (1000m2).

- Painting IT House roof with Insultec reflective paint and installation of two whirly birds.

- Purchasing of recycled office paper (ongoing).

- Set up of the Green Taskforce to promote sustainable behaviours in the workplace (ongoing).

 

2011

- Purchase of 3 bikes for staff short business and commuting trips.

 

2012

- Upgrade of Photoelectric (PE) cells in ablution blocks to ensure lights only come on at night time.

- Installation of solar powered security lighting at various community halls.

- Installation of a 3.5 kW solar PV system at the Community Resource Centre.

- Installation of solar and wind powered streetlights and bollards on the Busselton foreshore.

 

2013

- Purchase of an additional bike for staff short business and commuting trips.

- Installation of solar hot water systems at the Kookaburra Caravan Park and Winderlup Court units (Aged person homes).

 

2014

- Construction of a geothermal system at the Geographe Leisure Centre.

- Installation of a pool blanket on the indoor pool at the Geographe Leisure Centre.

- Employment of a part time Recycling Officer.

 

These initiatives have allowed the City to return its 2013/14 total greenhouse emissions close to 2006/07 levels despite a high population growth and to reduce its per capita greenhouse emissions by 29.3% from the 2006/07 base year.

 

While total energy costs have increased due to increasing energy prices, the implementation of energy savings initiatives has buffered the City from those impacts.

 

Additional data, including greenhouse gas emissions produced by the City since 2009/10, greenhouse emissions by energy types and energy costs are presented in Attachment A.

 

However further effort is required to continue reducing corporate greenhouse emissions in line with the Council endorsed reduction targets as follows:

 

Year

GHG emissions (tonnes Co2e)

Per capita reduction from 06/07 base year

2013/14

6286.70

29.3%

2015/16 (interim target)

4,770.16

50%

2020/21 (long term target)

3,348.38

70%

 

This is the purpose of the revised draft Energy Action Plan listed as Attachment A. There have also been major improvements to technologies and best practices and overall a better understanding of greenhouse mitigation strategies, which the revised Action Plan will aim to capitalise on.

 

Community Emissions

In December 2009, the Council as per the (now defunct) Cities for Climate Protection program endorsed the following community reduction targets:

 

A 25% per capita reduction by 2015 and a 40% per capita reduction by 2020 in community emissions on 2006/07 levels.

 

It is recognised that the City has minimal control over emissions emitted by the broader community. Since the Federal Government withdrew its support to the CCP Program, it is also more difficult to quantify and report on community emissions. Nevertheless it is considered that the City has a role to play in facilitating greenhouse emission reductions in the community. The initiatives proposed in the revised draft EAP focus on areas of responsibility for the City. It is also cognisant of limited existing resources available to implement community wide programs.

 

CONCLUSION

 

The draft City of Busselton Energy Action Plan 2014-2019 provides a planned approach to reducing the City’s energy consumption and costs and the City’s greenhouse emissions, as well as giving some direction in assisting the local community in reducing their greenhouse footprint.

 

Local governments have a key role to play in responding to the threat of climate change by reducing their own emissions and demonstrating best practice to their local communities. Local governments are responsible for delivering a large range of services to the community, and use energy and produce greenhouse emissions in doing that.

 

There is a strong financial incentive for local governments to reduce their energy use as energy costs are expected to increase significantly over the next few years. The implementation of this action plan is likely to result in a significant net financial benefit to the City and its residents and ratepayers and ensure the future sustainability of the City’s assets and services.

 

All levels of governments are expected to play a role and implement best practice in protecting the environment, in line with the community’s expectations. It is also necessary for the City to continue developing its capacity in greenhouse reporting and mitigation to prepare for potential future legislative requirements and maximise any investment opportunities.

 

A community section has been included in this revised Energy Action Plan, recognising that the City has a role to play in assisting the local community in reducing their emissions, though constrained by our limited sphere of responsibility and cognisant of limited resources currently available.

 

This Energy Action Plan 2014-2019, if endorsed, will build on previous achievements and strengthen the City’s greenhouse reduction strategy and the management of energy consumption and costs.

 

OPTIONS

 

The Council has the option not to endorse the revised draft Energy Action Plan.

 

The Council may also recommend changes to the proposed initiatives listed in the draft revised Energy Action Plan.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Officer recommendation 1 is immediate. Officer recommendations 2 and 3 are ongoing.

 

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.    Endorse the draft City of Busselton Energy Action Plan (2014-2019) listed at Attachment A as the City’s guide for future planning for future planning to reduce greenhouse gas emissions and energy usage of City assets and operations.

 

2.    Consider in developing subsequent budgets and when reviewing the ten year financial plan, the implementation of actions listed in the City of Busselton Energy Action Plan (2014-2019).

 

3.    Supports the continuation of the City of Busselton Energy Working Group to oversee the implementation and lead future reviews of the City of Busselton Energy Action Plan (2014-2019).

 

 


Council

91

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

DRAFT

City of Busselton

Energy Action Plan

2014-2019

 


 



Council

91

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

 

 

 

 

 

 

 

 

 



Council

93

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Contents

Table of Figures. 3

Introduction. 4

Background to the City of Busselton. 5

Energy saving initiatives implemented to date. 7

Greenhouse Gas Emission Inventory. 8

Corporate emissions. 8

Community emissions. 10

Municipal waste. 11

Greenhouse Gas Emission Reduction Targets. 12

Corporate targets. 12

Community targets. 14

Emissions and energy reduction strategies. 15

Implementation plan. 16

Corporate actions. 18

Community actions. 21

Monitoring and reporting. 22

Annual review and amendments. 22

 

Table of Figures

Figure 1 City of Busselton Greenhouse Gas Emissions by Energy Type Jul 13-Jun 14. 8

Figure 2 City of Busselton Energy Cost by Energy Type Jul 13 - Jun 14. 9

Figure 3 Historical Electricity Use of the City of Busselton Facilities. 9

Figure 4 Average daily electricity use per suburb in 2013/14. 10

Figure 5 Per capita Greenhouse Gas Emissions (tonnes). 13

 

Table 1 Greenhouse Gas Emissions reported per scope. 5

Table 2 Corporate Greenhouse emission per year (tonnes) 8

Table 3 Renewable Energy Systems installed in the City of Busselton since 2001. 11

Table 4 Tonnage of waste deposited at the Dunsborough landfill during 2013/14. 11

Table 5 Per capita Greenhouse Gas Emissions. 13


 

Introduction

 

The draft City of Busselton Energy Action Plan 2014-2019 provides a planned approach to reducing the City’s energy consumption and costs and the City’s greenhouse emissions, as well as giving some direction in assisting the local community in reducing their greenhouse footprint.

Local governments have a key role to play in responding to the challenges of climate change by reducing their own emissions and demonstrating best practice to their local communities. Local governments are responsible for delivering a large range of services to the community, and use energy and produce greenhouse emissions in doing that.

There is a strong financial incentive for local governments to reduce their energy use as energy costs are expected to increase significantly over the next few years. The implementation of this action plan is likely to result in a significant net financial benefit to the City and its residents and ratepayers and ensure the future sustainability of the City’s assets and services.

All levels of governments are expected to play a role and implement best practice in protecting the environment, in line with the community’s expectations. It is also necessary for the City to continue developing its capacity in greenhouse reporting and mitigating to prepare for potential future legislative requirements and maximise any investment opportunities.

A community section has been included in this revised Energy Action Plan, recognising that the City has a role to play in assisting the local community in reducing their emissions, though constrained by our limited sphere of responsibility and cognisant of limited resources currently available.

 

 

It is not the purpose of this Energy Action Plan to report on the impacts of climate change and how the City should adapt to these impacts. This is currently being addressed in other ways, especially through the City’s participation in the Peron Naturaliste Partnership project. More information is available at http://peronnaturaliste.org.au.

This Energy Action Plan 2014-2019 supersedes the Energy Action Plan endorsed by Council in June 2010, by building on previous achievements and strengthening the City’s greenhouse reduction strategy and the management of energy consumption and costs.


Council

95

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Background to the City of Busselton

 

The City of Busselton is located in the South West corner of Western Australia, 232 kilometers south of the state capital city of Perth. It covers an area of 1454 km² and is bounded by the Shires of Augusta-Margaret River, Capel, Donnybrook, Balingup and Nannup. The City consists of two main town sites – Busselton and Dunsborough – and a surrounding blend of rural residential, rural and agricultural land, national park and coastal areas.

In 2013, approximately 33,000 people reside in the City of Busselton reflecting continuing growth in the population of the area over the past decade. In addition, the City experiences a large influx of tourists and second home owners during warmer months and holiday periods. By 2050, the City’s population is expected to grow to potentially 70,000.

The City of Busselton operates a range of facilities and provides various services including:

·    Main administration office

·    Leisure centre

·    Community centres

·    Libraries

·    Works Depots

·    Cemeteries

·    Ablution blocks

·    Parks, gardens and reserves

·    Roads

·    Street lighting

·    Waste collection services

·    Passenger vehicles and heavy fleet

Operating these facilities and offering these services on behalf of the community generate a large amount of greenhouse gas emissions and incur significant energy costs.

The following emissions are being reported on in this report:

Table 1 Greenhouse Gas Emissions reported per scope

Scope 1

Scope2

Scope3

Transport fuels (petrol, diesel)

Natural Gas

Waste to landfill

 

Purchased electricity

Street lighting

 

The Greenhouse Gas Emissions reporting includes all facilities the City has operational control over, including leased buildings when it is deemed that the City has the ability to introduce or implement any or all of the operating, health and safety and environmental policies for the facility.

The GHG emission audit excludes the use of refrigerants, oils and lubricants due to the difficulties of collating data and the minor contribution these make to the City’s overall greenhouse footprint.

The GHG emission inventory only includes corporate waste emissions from the disposal of Council-owned building waste to landfill. However emissions from municipal waste are reported separately.

Street lighting has been included in the greenhouse audit, despite being considered scope 3 emissions, due to the large amount of emissions produced. Council is responsible for funding public street lighting across the district; however it does not have primary operational control over the asset.[1]

Reporting of greenhouse emissions in this report aligns (but does not comply) with the National Greenhouse and Energy Reporting (NGER) protocol. This will provide the City with good preparation shall it needs to comply with the NGER Act at some point in the future, while providing enough flexibility to report voluntarily on emissions in a cost-effective way. Despite the fact that it is formally defunct, there is still reference to the Cities for Climate Protection Program (now defunct) and its reporting framework to allow reporting on progress against the baseline and Council emission reduction targets[2].

 

 


Council

97

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Energy saving initiatives implemented to date

 

Since the adoption of the first Corporate Energy Action Plan (2010), the City has implemented a number of energy saving initiatives that have resulted in lower greenhouse gas emissions and energy costs. The key initiatives are outlined below:

 

2009

- Installation of a 5 kW solar PV system at the Geographe Leisure Centre.

 

2010

- Completion of energy audits for the following facilities: Kookaburra Caravan Park, Busselton Library, Busselton Depot and the Naturaliste Community Centre.

- Installation of a 2.66 kW solar PV system at the Naturaliste Community Centre and a 6.84 kW solar PV system at the Administration Office.

- Insulating all ceiling spaces of the Administration Centre and IT House (1000m2).

- Painting IT House roof with Insultec reflective paint and installation of two whirly birds.

- Purchasing of recycled office paper for the Administration Office (ongoing).

- Set up of the Green Taskforce to promote sustainable behaviours in the workplace (ongoing).

 

2011

- Purchase of 3 bikes for staff short business and commuting trips.

- Conversion of all passenger vehicles to diesel.

 

2012

- Upgrade of Photoelectric (PE) cells in ablution blocks to ensure lights only come on at night.

- Installation of solar powered security lighting at various community halls.

- Installation of a 3.5 kW solar PV system at the Community Resource Centre.

- Installation of solar and wind powered streetlights and bollards on the Busselton foreshore.

 

2013

- Purchase of an additional bike for staff short business and commuting trips.

- Installation of solar hot water systems at the Kookaburra Caravan Park and Winderlup Court units (Aged person homes).

 

2014

- Construction of a geothermal system at the Geographe Leisure Centre.

- Installation of a pool blanket on the indoor pool at the Geographe Leisure Centre.

- Employment of a part time Recycling Officer.

Greenhouse Gas Emission Inventory

The first greenhouse gas emission inventory was undertaken for the City’s assets and services and the broader community in June 2009. Corporate greenhouse gas emissions were calculated using electricity, gas and fuel bills of all City’s assets during the financial year 2006/07. Corporate waste emissions from the disposal of Council-owned building waste to landfill were estimated in the absence of a detailed waste audit. This is now referred as the City’s greenhouse gas emission baseline, from which progress can be measured.

Corporate emissions

Corporate emissions have since been measured and reported to Council on an annual basis. The table below represents total greenhouse gas emissions since 2006/07.

Table 2 Corporate Greenhouse emission per year (tonnes)

Year

GHG emissions (tonnes)

2006/07

5871

2009/10

3232(*)

2010/11

6523.05

2011/12

5810.36

2012/13

5897.16

2013/14

6286.70

(*)The significant decrease in greenhouse gas emissions observed in 2009/10 was mainly due to the purchase of accredited Green Power. Following the Council’s decision to discontinue the purchase of Green Power in March 2010, total emissions returned closer to previous levels.

The latest emission data available is for the 2013/14 financial year. Figures 1 and 2 represent emissions and costs by energy type.

Figure 1 City of Busselton Greenhouse Gas Emissions by Energy Type Jul 13-Jun 14

Figure 2 City of Busselton Energy Cost by Energy Type Jul 13 - Jun 14

Title: Figure 2 - City of Busselton Energy Cost by Energy Type July 2012 to June 2013

 

The following graph tracks electricity use of the City’s largest facilities over the last five years.

Figure 3 Historical Electricity Use of the City of Busselton Facilities

 

The Geographe Leisure Centre and the Administration Office are the largest users of energy. It is positive to note a downward trend in energy use for these two facilities, which have been the focus of energy reduction initiatives in the last two years. They will continue to be the focus of energy reduction initiatives going forward to build on the achieved savings. The Busselton Library was recently expanded with an additional 350sqm added to the floor space. This has resulted in a sharp increase in total emissions. However it is noted that the extension was built using better Ecological Sustainable Design and therefore energy use per sqm is lower than previously.

The City currently has the following Photovoltaic (PV) solar systems installed:

- 5 kW at the Geographe Leisure Centre

- 2.66 kW at the Naturaliste Community Centre

- 6.84 kW at the Busselton Administration Office

- 3.5 kW at the Busselton Community Resource Centre

It is estimated these existing PV systems generate over 30,000 kWh of electricity and reduce greenhouse emissions by over 26 tonnes per annum.

 

Community emissions

There is currently little data available to measure greenhouse emissions produced by the community. The following data has been sourced to represent some of the greenhouse emissions produced in our local community and monitor whether improvements are being made. It is recognised that the City has often little control to influence energy use in the broader community.

Synergy provided the average daily electricity use per suburb in the City of Busselton for the 2012/13 financial year.

Figure 4 Average daily electricity use per suburb in 2013/14

Since 2001, the following renewable energy systems have been installed in the City of Busselton[3].

Table 3 Renewable Energy Systems installed in the City of Busselton since 2001

Renewable energy systems

Number

Output

Photovoltaic (PV) solar panels

2223

4865.46 kW

Wind turbines

1

1.55 kW

Solar Hot Water Systems

1862

N/A

Air Sourced Heat Pumps

236

N/A

 

90.4% of the total working population in the City of Busselton is employed locally[4]. Promoting local employment may lead to a reduction in car-based transport.

Municipal waste

The City has operational control of the Dunsborough landfill site. Emissions produced from the decomposition of waste are reported below.

Table 4 Tonnage of waste deposited at the Dunsborough landfill during 2013/14

Waste type

Tonnage

Municipal Solid waste

14,444

Commercial waste

9706

Construction and Demolition waste

5206

Total

29,356

 

Using the Solid Waste Calculator 2013/14 provided by the Clean Energy Regulator[5], it is estimated the decomposition of waste at the Dunsborough Landfill produced 1331 tonnes of greenhouse emissions in 2013/14.

These figures only include non-legacy waste (deposited post 1 July 2012) as scope 1 emissions. The Busselton waste facility became a transfer station on 1 July 2012 and is therefore not included in this report. This estimate should not be used to assess the City’s liability to report under the NGER Act as it does not include legacy waste.


 

Greenhouse Gas Emission Reduction Targets

Corporate targets

In December 2009, the Council endorsed the following corporate greenhouse gas emissions reduction goals:

A 50% per capita reduction by 2015 and a 70% per capita reduction by 2020 in corporate emissions on 2006/07 levels.

Setting a specific and tangible emissions reduction goal has provided the City with an objective to strive for and measure progress against when reducing emissions. The following objectives were considered when setting the City’s emissions reduction goals:

- Reflect the serious nature of climate change and its potential future impacts;

- Be in line with local and broader community expectations;

- Show Council’s leadership on the issue;

- Reflect the level of resourcing Council is willing to allocate to achieve the set goal, noting that many measures will have a net financial benefit through re-allocation of existing resources;

- Reflect the fact that many emission reduction measures will also help to manage or reduce energy costs; and

- Be achievable.

It should be noted that the goals contained in this Plan have been developed to primarily provide guidance and vision to the Council, and are not mandatory targets. They have been established to primarily deliver direction and impetus to City’s policies, programs and projects that have energy and climate impacts into the future. This action plan recommends a strategy to reduce greenhouse gas emissions and aim towards achieving the endorsed goals.

Since the adoption of the corporate emission reduction targets in December 2009 and implementation of the Energy Action Plan (2010), significant progress has been made towards reducing per capita greenhouse gas emissions. A 29.3% per capita reduction from the 2006/07 baseline was achieved in 2013/14. While this is a significant achievement, further work will be required to reach both the interim and long term targets. This is the purpose of this updated Energy Action Plan.


Council

103

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Table 5 Per capita Greenhouse Gas Emissions

Year

Population

GHG emissions (tonnes)

Per capita GHG emissions (kg)

Per capita reduction from 06/07 base year

2006/07

25,354 (ABS Census)

5,871

231

-

2009/10

29,400 (WA Tomorrow 2005)

3,232

110

52.5%

2010/11

30,330 (ABS Census)

6,523.05

215

7%

2011/12

35,600 (WA Tomorrow 2012)

5,810.36

163

29.5%

2012/13

37,000 (WA Tomorrow 2012)

5,897.16

159

31.2%

2013/14

38,400 (WA Tomorrow 2012)

6286.70

164

29.3%

2015/16 (interim target)

41,200 (WA Tomorrow 2012)

4,770.16

116

50%

2020/21 (long term target)

48,200 (WA Tomorrow 2012)

3,348.38

69

70%

 

Figure 5 Per capita Greenhouse Gas Emissions (tonnes)

Tracking towards the emissions reduction targets will be monitored and reported to the Council on an annual basis.


Council

105

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Community targets

In December 2009, the Council as per the (now defunct) Cities for Climate Protection program endorsed the following community reduction targets:

A 25% per capita reduction by 2015 and a 40% per capita reduction by 2020 in community emissions on 2006/07 levels.

It is recognised that the City has minimal control over emissions emitted by the broader community. Since the Federal Government withdrew its support to the CCP Program, it is also more difficult to quantify and report on community emissions.

Nevertheless it is considered that the City has a role to play in facilitating greenhouse emission reductions in the community. The initiatives proposed in this action plan focus on areas of responsibility for the City, including delivering education programs, planning for sustainable transport and recycling and waste minimisation programs. It is also cognisant of limited existing resources available to implement community wide programs.

 


 

Emissions and energy reduction strategies

 

The following Energy Hierarchy has been followed when developing emissions and energy reduction strategies:

- Avoiding generating emissions or using energy

- Reducing emissions and energy use (i.e. implementing energy efficiency projects)

- Switching to energy sources that are less intensive (i.e. installing renewable energies such as PV and geothermal systems)

- sequestrating greenhouse gas emissions (i.e purchasing carbon offsets or planting trees)

 

https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcSYb6dlmXkVtoV4v7nfvHpWSm_Bt8olESpHpwvkOaXnxNyMwhCv

Source: ACT Department of Environment

This is consistent with the standard approach of reducing emissions by initially reducing energy use and becoming more energy efficient, to reduce the cost of switching to energy sources that are less greenhouse intensive such as renewable energy. Offsets should only be purchased to cover remaining emissions that cannot be avoided. Due to the number of high priority energy conservation initiatives still to be implemented and the cost associated with these, the purchase of offsets is not currently recommended in this action plan.

 


 

Implementation plan

 

Scope

The implementation plan includes initiatives to be implemented in the following sectors:

Timeframe

A 5-year timeframe has been allocated to the implementation of this action plan. All actions have been prioritised as:

The prioritisation can be reviewed as external funding or partnership opportunities arise.

Framework

As far as practicable, estimated costs, greenhouse gas emissions and financial savings and payback periods have been included for all actions listed. It is important to note that the figures provided are estimates only. These have been based on a number of assumptions and should only be used to guide prioritisation and implementation of recommended actions.

Prior to implementing any of the actions listed, more detailed analysis should be undertaken. This may include seeking up-to-date quotes and obtaining more detailed expert advice. The following information should be confirmed before progressing to implementing any of the actions listed below.

1. Project costs;

2. Payback period; and

3. Estimated reduction in greenhouse emissions.

 

This will ensure actions with the best return on investment are implemented as a priority.

Implementation

The implementation of the plan will occur by listing relevant actions in the annual City’s budget process, relevant corporate plans and by seeking external funding. It is important to note that some actions will only be implemented subject to external funding being secured. Also actions identified as a low priority will only be implemented subject to resources being available.

Implementation of the action plan will be undertaken by various sections of the City. While a leading service unit has been identified for all recommended actions, it is acknowledged that in most cases a whole-of-Council approach will be required.

The Energy Project Team, which was involved in developing this plan will oversee implementation and lead future reviews. The members of this Project Team should also be encouraged and supported to develop their skills relating to energy assessment and management to enhance the City’s organisational capacity in greenhouse reporting and mitigation.


Council

109

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

CORPORATE ACTIONS

Nb

Actions

Priority

Resp.

Estimated cost

Estimated annual emissions savings (tonnes)

Estimated annual financial savings

Payback period

Comments

BUILDINGS

1

Investigate energy performance contracts for the Busselton Library and the Naturaliste Community Centre.

H

Facilities

$-

25.5

$-

5 years maximum

Based on 15% savings

2

Develop a program of internal audits and retrofits for small facilities.

M

Facilities

$5,000

27

$1,000

5 years

While small facilities do not use a lot of energy and do not warrant individual energy audits, there are many small upgrades that can be implemented as part of general maintenance.

3

Install automated lighting in all large ablution facilities.

H

Facilities

$20,000

TBA

TBA

TBA

Include the installation of motion and photo electric (PE) sensors.

4

Retrofit hot water systems with solar hot water system or heat pumps - Churchill and Bovell Parks

M

Facilities

$30,000

TBA

TBA

TBA

Existing infrastructure is towards the end of its lifespan and it is becoming more difficult to access spare parts for repair.

5

Upgrade all lighting at the GLC with LED technology.

H

Facilities

$133,077

150

$34,657

4 years

Also reduces maintenance costs and improves light output.

7

Design new Administration building to 5 green star rating (without certification) or equivalent.

H

Major Projects

To be incorporated into building tender

TBA

TBA

TBA

8

Prepare a Council policy or guidelines to mandate inclusion of energy efficiency requirements and investigation of energy generation in all future City of Busselton design and construction works.

M

Environmental

Staff time

N/A

N/A

N/A

Refer to the City of Joondalup Environmentally Sustainable Design for City Buildings Policy.

9

Install an additional 5 kW solar PV system at the NCC.

M

Facilities

$8,000

7

$2,500

3.2 years

10

Install a 5 kW solar PV system at the Busselton Library.

M

Facilities

$8,000

7

$2,500

3.2 years

11

Install an additional 25 kW Solar PV system at the City Civic Centre.

L

Facilities

$40,000

33 t

12,520

3 years

12

Attend the applied energy efficiency course or equivalent.

L

Facilities

$1,000

N/A

N/A

N/A

Short course is based on 1 of the 12 accredited units which make up the Certificate IV in Carbon Management CTICM303A: Evaluate Carbon Reduction and Renewable Energy Options.

WASTE

13

Enhance drop off facilities for fluoro tubes, mobile phones and dry cell batteries at the City Administration Building.

H

Waste

To be included in Admin Building extension project

N/A

N/A

N/A

14

Review recycling facilities at all City's facilities and upgrade where required.

M

Waste

TBA

N/A

N/A

N/A

15

Review and improve procedures and provide staff education to aim towards 100% paper recycling.

H

Green Taskforce

Staff time

N/A

N/A

N/A

16

Purchase 50% recycled office paper at all City's facilities

M

Customer Service

$312

N/A

N/A

N/A

Office paper for the Administration Building, the Geographe Leisure Centre and the Busselton Library are already 50% recycled content and/or carbon neutral. The estimated cost includes purchasing 50% recycled office paper for the Naturaliste Community Centre and the Busselton Depot.

17

Increase purchase of products with recycled content

M

Customer Service

Minimal

N/A

N/A

N/A

FLEET

20

Develop a City policy requiring a minimum green star rating for new light fleet passenger vehicles.

H

Fleet

Staff time

TBA

TBA

TBA

21

Implement the CleanEco Drive program, with an initial trial with rubbish truck drivers.

M

Fleet

Staff time

85

$45,000.00

TBA

Based on 15% reduction in fuel use of rubbish trucks

22

Implement a Maintenance program to ensure best environmental performance of fleet.

H

Fleet

$-

TBA

TBA

TBA

A poorly tuned engine can use up to 50% more fuel and produces up to 50% more emissions than one that is running properly

23

Investigate feasibility of alternative fuels and technologies

M

Fleet

Staff time

N/A

N/A

N/A

24

Review rubbish trucks routes with a view to reduce fuel use.

M

Waste

Staff time

TBA

TBA

TBA

To be balanced with staff costs.

25

Investigate alternatives to providing private use of vehicles

L

HR

Staff time

TBA

TBA

TBA

26

Support use of City's existing Bike fleet for short business trips.

H

Green Taskforce

Staff time

TBA

TBA

TBA

27

Facilitate travel smart to work, including cycling, walking and car-pooling.

M

Green Taskforce

Staff time

TBA

N/A

N/A

28

Investigate teleconferencing and use of Skype or other technologies to reduce travel for off-site meetings.

L

Information Technology

Staff time. Minor costs for equipment and software.

TBA

TBA

TBA

STREETLIGHT

29

Upgrade City's owned streetlights to 42W CFL or LED

M

Design & Survey

TBA

TBA

TBA

TBA

Busselton CBD, Dunsborough CBD and Port Geographe. Focus initially on lights at the end of their lifespan.

30

Complete audit of open space lighting

H

Design & Survey

TBA

TBA

TBA

TBA

31

Implement high priority recommendations from open space lighting audit

M

Design & Survey

To be determined by audit

To be determined by audit

To be determined by audit

5 years

32

Prepare energy efficiency guidelines for new City-owned public lighting.

M

Design & Survey

Staff time

N/A

N/A

N/A

33

Investigate options for reducing hours of operation of existing streetlights.

M

Environmental

Staff time

TBA

TBA

TBA

Any changes will require consultation with affected communities.

34

Lobby Western Power for use of more efficient street lighting

L

Design & Survey

$-

N/A

N/A

N/A

Through WALGA

 

OTHER

35

Continue to report on energy use and cost and greenhouse gas emissions annually to Council.

H

Environmental

Staff time

N/A

N/A

N/A

36

Continue to implement staff awareness campaign through the Green Taskforce to reduce energy usage across the organisation.

H

Environmental

$9,300 per year

TBA

TBA

TBA

37

Investigate Carbon Farming Initiative (CFI) opportunities

L

Environmental

Staff time

N/A

N/A

N/A

38

Review purchasing procedures to facilitate the implementation of the sustainable purchasing component of the City's purchasing policy.

L

Legal

Staff time

TBA

N/A

N/A

 


 

COMMUNITY ACTIONS

 

Nb

Actions

Priority

Resp.

Estimated cost

Comments

TRANSPORT

1

Review and implement the Bike Plan.

H

Construction & Maintenance

As per Bike Plan

2

Consider the transport and parking of more fuel efficient methods of transport in the planning of the Busselton and Dunsborough CBD

M

Statutory Planning

$-

3

Lobby for better public transport in the District.

M

Community Development

$-

4

Install or facilitate the installation of an Electric Vehicle charging stations in Busselton and/or Dunsborough CBD

M

Design & Survey

TBA

Through the WA Electric Vehicle Highway project

WASTE

5

Employ a part time recycling officer

H

Waste

Included in existing budget

Completed

6

Implement a recycling community education program

H

Waste

$50,000

7

Promote kerbside recycling to all sporting and service clubs.

M

Waste

TBA

8

Promote recovery of cardboard.

M

Waste

TBA

9

Reduce greenwaste contamination.

H

Waste

TBA

10

Continue to advocate for a product stewardship program in WA.

L

Waste

$-

RESIDENTIAL

11

Develop a solar community program.

M

Environmental

Staff time

Similar to the Solar Councils Community Program implemented in  South Australia

12

Implement a Living Smart program or equivalent

L

Environmental

TBA

Subject to external funding

13

Develop a sustainable design house guide

H

Environmental

$2,000

City of Cockburn template available to use

14

Work with developers to facilitate the construction of a sustainable display home

L

Environmental

TBA

If opportunity arises

COMMERCIAL   

15

Investigate how to attract or facilitate renewable energy projects in the City (i.e. planning incentives, joint-ventures etc)

L

Environmental

Staff time

16

Investigate a sustainable product discount scheme with local businesses.

L

Economic Development

Staff time

17

Investigate opportunities for reducing energy use of leased City facilities.

M

Property

Staff time

OTHER

18

Establish sustainability guidelines for assisting community events to reduce energy and water consumption, waste generation and promote alternative transport.

M

Events

Staff time

Focusing on large events initially

19

Support and promote community gardens that operate within the City of Busselton.

M

Community Development

Staff time

 

 

 

 

 

 

 


Council

113

13 August 2014

11.1

Attachment a

Draft City of Busselton Energy Action Plan 2014-2019

 

Monitoring and reporting

 

City’s greenhouse emissions and energy costs will continue to be monitored once a year and reported to the Council and the community via the Annual Report. The information will also be made available to all staff via a number of appropriate communication mediums.

Progress towards the emission reduction targets will also be measured and reported on.

Any significant changes in use will be identified and justified where possible. This may result in additional measures being put in place to address the changes.

Where possible, data collection processes should be put in place to facilitate the reporting of greenhouse emissions per facility in order to better align with the Greenhouse and Energy Reporting (NGER) protocol.

Annual review and amendments

 

Actions to be taken may vary with the introduction of updated technologies, changing legislation and new State and Federal Government initiatives. This Plan is a dynamic document and will be reviewed by the City’s Energy Working Group on an annual basis to keep it relevant and practical. Results from the annual greenhouse gas emissions inventory will also be used to review the actions proposed. A major review will be completed after 5 years.


Council                                                                                      115                                                               13 August 2014

11.2           PROPOSED FINAL ADOPTION OF HERITAGE LIST FOLLOWING PUBLIC CONSULTATON AND UPDATE ON REVIEW OF THE MUNICIPAL HERITAGE INVENTORY

SUBJECT INDEX:

Heritage

STRATEGIC OBJECTIVE:

A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections.

BUSINESS UNIT:

Strategic Planning and Development

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Strategic Planner - William Hosken

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Summary of Submissions

Attachment b    Proposed Heritage Conservation Works at Membenup Homestead  

  

 

PRÉCIS

 

On 27 February 2013 the Council adopted a draft Heritage List and changes to our Municipal Heritage Inventory, subsequent to which these documents were prepared accordingly and advertised for public consultation.

 

This report provides a summary of submissions (Attachment A) and requests the Council’s consideration of the final adoption of the Heritage List as advertised. It also asks the Council to note the next steps in reviewing the City’s planning framework as it relates to heritage sites and properties.

 

The Council is also requested to consider the granting of a rates concession for heritage conservation works to a property on the Municipal Heritage Inventory and draft Heritage List.

 

 

BACKGROUND

 

Heritage List

 

The Heritage List is adopted pursuant to Clause 37 of District Town Planning Scheme No. 20, for the purposes of identifying sites of local cultural heritage significance that are worthy of conservation under the relevant provisions of the Scheme and Local Planning Policy 9: Environment and Heritage Conservation Policy. This provides the opportunity for heritage values to be considered before development and especially demolition is approved, as well as providing an opportunity for development standards to be varied to accommodate – or as an incentive for – heritage conservation. Inclusion in the Heritage List does not necessarily mean that development or even demolition will not be allowed, but is needed as a trigger to consider heritage matters.

 

Prior to the Council’s adoption of a draft Heritage List for the purposes of public consultation, which included heritage sites identified as Category 1, 2 and 3 on the Municipal Heritage Inventory, the Municipal Heritage Inventory served as a default for this purpose, in accordance with Clause 37, and still does so until such as the Council adopt the Heritage List in final form.

 

Municipal Heritage Inventory

 

The Municipal Heritage Inventory is primarily intended as a record of places of heritage significance, and places are included in one of five categories, which may be briefly described as follows - 

*              Category 1 – These are the most significant places, and they are places of state significance usually also identified on the State Heritage Register.

*              Category 2 – These are significant places of local heritage significance, but not state significance, and proposals to demolish or significantly change these places should be seriously considered before being supported, if appropriate. 

*              Category 3 – These are less significant places, worth recording, but it is not appropriate to regulate their use or development differently to other land to any significant degree.

*              Category 4 – These are publicly owned heritage places, of varying levels of significance, but the development of which is exempt from local planning control by virtue of the public works legislation.

*              Category 5 – These are places of local heritage significance but where little or no built heritage remains.

 

With the adoption of a Heritage List, the Municipal Heritage Inventory (MHI) reverts to being merely a record of sites of local cultural heritage significance. The MHI is to be retained as all local governments are required to prepare and adopt one pursuant to the Heritage of Western Australia Act 1990, and it serves to document:

*              A description of each place and the reasons for its entry on the Heritage List (assessment and categorisation);

*              A level of heritage site information to support the provision of general advice and the assessment of development proposals;

*              Local cultural heritage sites which do not require conservation under the Scheme and Policy provisions, either due to significance, condition or being otherwise conserved by public ownership and policy requirements.

 

2013 Council Resolution

 

Following a report to the Council regarding the Municipal Heritage Inventory (MHI) and draft Heritage List on 27 February 2013, the Council resolved as follows:

 

1.            In pursuance of Section 45 of the Heritage Act 1990 adopt the proposed changes to the City of Busselton Municipal Heritage Inventory for community consultation as follows…

 

2.            In pursuance of Clause 36 of the City of Busselton District Town Planning Scheme No. 20 adopt the draft Heritage List for community consultation as follows…

 

3.            Note the Schedule of Preliminary Submissions (Attachment A) and the Schedule of Other Changes (Attachment B).

 

4.            Prepare a consolidated draft Municipal Heritage Inventory including the proposed changes and inserting the description of the Municipal Heritage Inventory Management Category descriptions consistent with Local Planning Policy 9.

 

5.            Advertise the proposed changes to the Municipal Heritage Inventory and the draft Heritage List in parallel consistent with the statutory requirements for a minimum of 42 days.

 

6.            Consider all submissions received following receipt of advice from the Heritage Advisory Committee prior to adopting a final Municipal Heritage Inventory and Heritage List.

 

7.            Once the above has occurred, undertake assessment of Heritage Precincts and other listings that cover large geographical areas identified under Management Categories 1, 2, and 3 for their appropriateness and whether particular buildings or places within these precincts should be individually listed.

 

In accordance with items 1 and 4 of this resolution, the MHI document was revised including the modifications adopted by the Council. The MHI and draft Heritage List were then advertised concurrently between 31 December 2013 and 26 February 2014.

 

Submissions received in relation to the MHI and draft Heritage List are presented at Attachment A for the Council’s consideration and discussed in the ‘Consultation’ section of this report.

 

Progression of item 7 of this resolution is currently being progressed and is discussed as part of other heritage review matters in the ‘Officer Comment’ section of this report.

 

Heritage Conservation Incentives

 

The City has recently received an application for a rating concession for conservation of a heritage property (Lot 1 (50) Membenup Road, Wonnerup) in accordance with the City’s Local Planning Policy 9A – Heritage Conservation, following recent expiry of their previous concession. This involves a discount on City rates charges for a period of time (typically five years) subject to the completion of agreed conservation works to a property listed on the Municipal Heritage Inventory.

 

As there are currently no other rating concessions for heritage conservation in place, the matter of incentives for heritage conservation is discussed in this report to allow the Council to consider the continuance of this scheme and various other incentive options. A recommendation regarding this particular application (further details in Attachment B) is also provided for consideration.

 

STATUTORY ENVIRONMENT

 

The Heritage of Western Australia Act 1990 outlines the requirement for local governments to compile and review municipal heritage inventories. In accordance with section 45 of the Act each local government is required to review its inventory of heritage places every four years.

 

The conservation and protection of places and areas of local heritage significance is provided for in the Planning and Development Act 2005, which enables local governments to protect heritage places in local planning schemes.

 

Clause 37 of District Town Planning Scheme No. 20 outlines the procedures associated with making and amending a Heritage List, designation of heritage areas, planning application procedures, and variations from development standards in support of heritage conservation.

 

Aboriginal heritage sites are recognised and protected under the Aboriginal Heritage Act 1972 and as such are not addressed in the Heritage List or Municipal Heritage Inventory.

 

Section 6.47 of the Local Government Act 1995 states that, subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive (by absolute majority) a rate or service charge or resolve to grant other concessions in relation to a rate or service charge. The proposed rating concession for conservation works to the heritage building is consistent with the provisions of the Local Government Act 1995.

 

 

 

 

RELEVANT PLANS AND POLICIES

 

The Western Australian Planning Commission’s State Planning Policy 3.5 – Historic Heritage Conservation outlines policy measures and development control principles relating to local planning frameworks for heritage preservation.

 

Local Planning Policy 9A – Heritage Conservation outlines the City’s assessment criteria and processes for development proposals, in relation to the management category identified in the Municipal Heritage Inventory. This policy also provides the basis for the Council to consider rates concessions for the completion of heritage conservation works. Some elements of this policy require updating or review to reflect the outcomes of this review process, as further discussed in the ‘Officer Comment’ section of this report.

 

FINANCIAL IMPLICATIONS

 

The proposed rates concession for the landowners of Lot 1 (50) Membenup Road, Wonnerup of 50% for the 2014/15 financial year is estimated to be worth approximately $838 and will be a direct cost to the City.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendation of this report reflects Community Objective 2.2 of the Strategic Community Plan 2013, which is; “A City of shared, vibrant and well planned places that provide for diverse activity and strengthen our social connections”.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework.  The assessment identifies ‘downside’ risks only, rather than ‘upside’ risks as well.  The table below describes identified risks where the residual risk, once controls have been identified, is identified as ‘medium’ or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputation/ Environment risk – place of community heritage interest is not listed and is demolished or developed without need for Council consideration

Proposed annual review procedure to consider any nominations and recommend changes to the Heritage List

Minor

Possible

Medium

 

CONSULTATION

 

Submissions to the draft Heritage List and Municipal Heritage Inventory are summarised at Attachment A, including general officer comment and comments from the City’s contracted professional Heritage Advisor. Additional discussion is provided in the ‘Officer Comment’ section of this report.

 

Responses that were received generally reflected the following matters:

*                 Submission of further information for existing sites;

*                 Nomination of new sites;

*                 Objection to the listing of an existing site.

 

The Council resolution of 27 February 2013 included the consideration of submissions by the Heritage Advisory Committee, however this has not been undertaken as this committee has not been active since 2012 and is not currently formed by the Council.

 

In accordance with Clause 37 (5) of the Scheme, the owner and occupier of all sites included in the Heritage List will be notified in writing of the adoption of that site on the Heritage List.

 

OFFICER COMMENT

 

Submissions

 

Submissions have been categorised according to their intent and will be generally addressed as follows:

 

MHI

 

Submissions with further information for existing entries in the MHI were publicly encouraged, and the detail of these submissions will be further assessed and the Municipal Heritage Inventory updated accordingly. As a live and non-statutory document, corrections to existing listings within the MHI will be undertaken by officers and Council resolution in this regard is not required.

 

Nominations

 

Enquiries and submissions nominating new sites occur on an irregular basis and have been recorded for reference as part of a future review process. A number of submissions nominating new sites, including by the landowners themselves, have been received as part of this most recent advertising process also. Officers will assess and report to the Council regarding potential inclusions on the MHI and Heritage List later in the 2014/15 year alongside other matters.

 

Heritage List (Object/ Support)

 

Submissions received which raise support or object to the listing of a particular property are presented to the Council for consideration in adopting the Heritage List, as summarised in Attachment A. Advice provided by the City’s Heritage Advisor in relation to submissions received is also included in this Attachment.

 

Three submissions request consideration of a change in management category to category 3. Note that this would then allow demolition to occur without any requirement for planning approval or assessment. In exercising this quasi-judicial planning function, officers undertake assessment of sites and submissions in consideration of the advice of the City’s Heritage Advisor and in accordance with the Heritage Council’s Criteria for the Assessment of Local Heritage Places and Areas and the principles of the Burra Charter. As such, officers are not of the opinion that any of these three submissions have provided heritage information or assessment in evidence that the current listing or management category is not appropriate.

 

The Council’s consideration of adopting or amending the Heritage List has presented an opportunity for aggrieved landowners to appeal the listing of their property, however it is noted that no appeal right exists for a site once it is listed on the State Heritage Register. In relation to the conditions or refusal of any development or subdivision proposal on the grounds of heritage conservation, landowners may request the City’s reconsideration or appeal to the Statutory Administrative Tribunal in the same manner as any other application.

 

 

 

Heritage Review Process

 

A number of matters are proposed to be addressed by further review work, as discussed below. A further report detailing the outcomes of this is proposed to be presented to the Council later in the 2014/15 year, with heritage matters the subject of annual reporting as required thereafter.

 

Regular Review and Assessment of Nominations

 

At present, informal nominations of heritage sites – typically through development assessment or unsolicited public submission – are not assessed for some years until the Heritage List and MHI are subject to full review. This presents the risk of places with heritage significance being developed or demolished without assessment, while the City is in receipt of advice or knowledge of the place’s potential heritage significance. While heritage conservation can be considered a general principle for planning assessment, the relevant incentives and controls in the Scheme and local planning policy are not applicable to sites not included on the Heritage List, and demolition of buildings does not require planning approval if the site is not on the Heritage List.

 

Officers are proposing to regularly (annually) review heritage nominations and report to the Council regarding any proposed changes to the Heritage List or updates to the MHI.  This will ensure individual heritage matters are considered in a timely manner, reducing the likelihood of heritage items not being identified or identified incorrectly, and reduce the work associated with full review of the Heritage List and MHI thereby improving the City’s ability to undertake this every four years in accordance with statutory requirements.

 

Review of Heritage Precincts/ Areas

 

In accordance with the Council resolution of 27 February 2013, officers have commenced review of heritage precincts/ areas to determine the appropriateness of these listings and whether individual sites contained within should be listed separately (including relevant management categories). This will be reported back to the Council later in the 2014/15 year.

 

Updates to Local Planning Policy 9A

 

Local Planning Policy 9A includes a number of Scheme and Heritage List references that require updating and the description linked to management categories also requires some review. As noted in one submission, the Category 4 and 5 descriptions in the Policy (and MHI in reflection of this) are somewhat inaccurate and confusing, particularly in referencing sites as being without built features. This policy will be reviewed and a draft revised policy presented back to the Council later in the 2014/15 year.

 

Classification and Management of Publicly Owned Sites

 

Heritage sites under the ownership or management of local and state government have been included under Category 4, as a means to identify that different management considerations apply. One submission notes the importance of perceived equity in approaching the management of publicly owned heritage properties opposed to those in private ownership, and the difficulty in identifying the relative importance of sites, which could result in a lack of certainty when determining an appropriate level of heritage consideration relevant to future projects.

 

While works undertaken by the State Government are typically exempt from local planning requirements (under the Public Works Act), they are also subject to various other other State policy requirements, which includes consideration of local heritage listing in relation to property disposal. For the City, an Operational Practice Procedure (OPP) currently under preparation will clarify internal procedures for development assessment and consultation in relation to City owned and managed land, and consideration of heritage matters will be built into this process. In all cases, works to sites on the State Heritage Register are also subject to the approval of the Heritage Council of Western Australia.

 

In response officers propose to:

*              Register the existence of a conservation plan or similar instrument relating to City managed sites on the MHI;

*              Review City managed sites with heritage advice to determine whether supporting information – in the form of guidance notes, a conservation plan or other instrument – might be necessary to support the conservation of heritage significance at the site.

 

Heritage Conservation Incentives

 

In accordance with Clause 34 (22) of the Scheme, the City may agree to vary any provision of the Scheme in support of a heritage conservation outcome in relation to a site on the Heritage List and this is occasionally called upon in relation to development and subdivision proposals.