COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

12 August 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 12 August 2015

 

 

 

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, 12 August 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

4 August 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 12 August 2015

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 22 July 2015. 5

9.2          Minutes of the Special Council held on 23 July 2015. 5

Committee Meetings. 6

9.3          Minutes of the Meelup Regional Park Management Committee held 14 July 2015. 6

9.4          Minutes of the Policy and Legislation Committee held 30 July 2015. 6

10..... Reports of Committee. 7

10.1        Meelup Regional Park Management Committee - 14/07/2015 - PROPOSED WHALE VIEWING PLATFORM POINT PIQUET. 7

10.2        Policy and Legislation Committee - 30/07/2015 - ADOPTION OF POLICIES FOR BUSH FIRE BRIGADES. 22

10.3        Policy and Legislation Committee - 30/07/2015 - ORGANISATION WIDE RISK MANAGEMENT POLICY. 69

10.4        Policy and Legislation Committee - 30/07/2015 - OCCUPATIONAL SAFETY AND HEALTH POLICY. 76

10.5        Policy and Legislation Committee - 30/07/2015 - PROPOSED DELEGATION TO CHIEF EXECUTIVE OFFICER TO AWARD TENDERS RELATING TO THE AIRPORT REDEVELOPMENT PROJECT. 83


 

11..... Planning and Development Services Report. 89

11.1        AMENDMENT NO. 16 TO LOCAL PLANNING SCHEME 21 - RECODE PORTION OF LOT 519 BELL DRIVE, BROADWATER FROM 'RESIDENTIAL R20' TO 'RESIDENTIAL R40' 89

11.2        PROPOSED STRATEGIC PURCHASE OF LOT 40 VASSE HIGHWAY, BOVELL FOR FUTURE USE AS ACTIVE SPORTING AND RECREATION AREA (SOUTHERN EXPANSION OF SIR STEWART BOVELL PARK). 104

11.3        MANAGEMENT OF DOGS IN PUBLIC PLACES, INCLUDING BEACHES - CONSIDERATION OF REVISED PROPOSALS RELATING TO SMITHS BEACH, EAGLE BAY AND OLD DUNSBOROUGH ONLY, FOLLOWING CONSULTATION.. 121

11.4        PROPOSED AMENDMENTS TO LOCAL PLANNING POLICY 4B - URBAN CENTRES POLICY: PORT GEOGRAPHE VILLAGE CENTRE - DESIGN GUIDELINES AND PERFORMANCE STANDARDS AND PRECINCT PLAN - CONSIDERATION OF ADOPTION FOR FINAL APPROVAL. 191

12..... Engineering and Work Services Report. 197

12.1        DUNSBOROUGH REGION BOATING FACILITY PLANNING STUDY - COMMUNITY CONSULTATION FEEDBACK. 197

12.2        BUSSELTON TRAFFIC STUDY. 608

12.3        UPGRADE OF RURAL SINGLE LANE LINKAGE ROADS. 639

12.4        WASTE DISPOSAL STRATEGY. 665

12.5        REGIONAL WASTE MANAGEMENT STRATEGY. 673

12.6        SOUTH WEST WASTE TO ENERGY. 857

12.7        AWARD OF TENDER RFT08/15 URBAN/RURAL TREE PRUNING  & CHIPPING SERVICES. 865

13..... Community and Commercial Services Report. 870

13.1        PROPOSED DEED OF AGREEMENT TO FACILITATE BUILDING EXTENSIONS TO THE EQUINOX CAFE AND RESTAURANT ON LOT 3001 (2 QUEEN STREET BUSSELTON). 870

14..... Finance and Corporate Services Report. 880

14.1        NBN COMMUNICATIONS TOWER, CREEKVIEW RESERVE. 880

14.2        DUNSBOROUGH & DISTRICTS COUNTRY CLUB INC LEASED AREA.. 887

15..... Chief Executive Officer's Report. 893

15.1        COUNCILLORS' INFORMATION BULLETIN.. 893

16..... Motions of which Previous Notice has been Given.. 903

Nil

17..... Confidential Reports. 903

Nil

18..... Questions from Members. 903

19..... Public Question Time. 903

20..... Next Meeting Date. 903

21..... Closure. 903

 


Council                                                                                      5                                                                    12 August 2015

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

 

Nil

Approved Leave of Absence

 

Nil

3.               Prayer

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 22 July 2015

Recommendation

That the Minutes of the Council  Meeting held 22 July 2015 be confirmed as a true and correct record.

 

9.2             Minutes of the Special Council held on 23 July 2015

Recommendation

That the Minutes of the Special Council Meeting held 23 July 2015 be confirmed as a true and correct record.

 

Committee Meetings

9.3             Minutes of the Meelup Regional Park Management Committee held 14 July 2015

 

RECOMMENDATION

 

1)        That the minutes of a meeting of the Meelup Regional Park Management Committee held on 14 July 2015 be received.

 

2)        That the Council notes the outcomes of the Meelup Regional Park Management Committee meeting held on 14 July 2015 being:

 

a)            The Proposed Whale Vieweing Platform Point Piquet Item is presented for Council  consideration at Item 10.1 of this agenda             

 

b)            The Committee noted the Environment Officer’s report.

 

 

 

9.4             Minutes of the Policy and Legislation Committee held 30 July 2015 

 

RECOMMENDATION

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held on 30 July 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee meeting held on 30 July being:

a)    The Adoption of Policies for Bush Fire Brigades Item is presented for Council consideration at Item 10.2 of this agenda.

 

b)    The Organisation Wide Risk Management Policy Item is presented for Council consideration at Item 10.3 of this agenda.

 

c)    The Occupational Safety and Health Policy Item is presented for Council consideration at Item 10.4 of this agenda.

 

d)    The Proposed Delegation to Chief Executive Officer to Award Tenders Relating to the Airport Redevelopment Project Item is presented for Council consideration at Item 10.5 of this agenda.

 

e)    Officers with the Committee discussed the City Centres Façade Refurbishment Subsidy Program and the proposed form of recognition for the City’s contribution to the subsidy.

 

 

 

 


Council                                                                                      7                                                                    12 August 2015

10.             Reports of Committee

10.1           Meelup Regional Park Management Committee - 14/07/2015 - PROPOSED WHALE VIEWING PLATFORM POINT PIQUET

SUBJECT INDEX:

Committee Meetings

STRATEGIC OBJECTIVE:

Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Meelup Regional Park

REPORTING OFFICER:

Meelup Environment Officer - Mandy Polley

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   MRP Coastal Nodes Master Plan Concept Plan

Attachment b    Point Piquet Whale Platform Design & Construction Plans  

 

This item was considered by the Meelup Regional Park Management Committee at its meeting on 14 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

A concept design and construction drawings have been developed for a proposed Whale viewing platform to be established at Point Picquet. This report recommends that the proposed Whale viewing platform concept design and construction drawings (Attachment B) be advertised for a period of four weeks to give the community opportunity to comment on the proposal.

 

 

BACKGROUND

 

Since 2004, community volunteers from Dunsborough Coast and Land Care Inc (D-CALC), in partnership with Western Whale Research, have been using Point Picquet during the whale migration season as the vantage point for monitoring the whales’ southwards passage through Geographe Bay. This land-based monitoring forms part of a wider research program undertaken by SouWEST as part of a south west whale ecology study. SouWEST was formed in 2010, it is a collaborative science program which integrates the research expertise of Western Whale Research the Centre for Marine Science and Technology at Curtin University and the community through D-CALC, to monitor whale sightings as part of a program for the long-term conservation of whales and their critical habitats in South Western Australia.

 

In April 2013, D-CALC approached the Committee with a proposal to construct a whale viewing platform at Point Picquet to assist their whale monitoring program and for the benefit the wider public as this location provides a unique ocean vantage point of Geographe Bay. The D-CALC proposal was presented at the May 2013 Committee meeting and Committee recommendation (MP1305/010) from that meeting is as follows:

 

That the Committee provides in‐principle support for the whale watching deck and walkway, according to the following guidelines:

1.         That DCALC consults with the Meelup Regional Park Committee on the project’s development and implementation;

2.         That the materials used for the decking and walkway are consistent with those recommended in the Meelup Beach Master Plan; and

3.       That the design of the decking fits into the existing granite rocks to create an organic shape that fits into the landscape, rather than a rectangularshaped decking.

 

In December 2013, Council resolved (resolution C1312/324) to endorse the Meelup Regional Park Coastal Nodes Master Plan; as an informing strategy for the purpose of planning and managing the Meelup Regional Park.

 

The Coastal Nodes Master Plan was developed to guide the sensitive development of the Meelup Regional Park coastal nodes and it acknowledged the D-CALC proposal for a whale viewing platform at Point Picquet. The Coastal Nodes Master Plan concept for the upgrade of Point Picquet carpark and surrounds includes an indicative location for the platform at Point Picquet and a notation that the feasibility of a whale viewing platform be investigated further in consultation with D-CALC. The Meelup Regional Park Coastal Nodes Master Plan concept plan (presented to Council December 2013) indicated a location for a future Whale viewing platform at Point Picquet and is attached  Attachment A.

 

STATUTORY ENVIRONMENT

 

The Council has appointed a Meelup Regional Park Management Committee, in accordance with Section 5.8 of the Local Government Act 1995, to care for, control and manage Meelup Regional Park. The Committee has delegated authority in accordance with Section 5.16 of the Act to undertake these management activities and a budget is allocated by the Council for this purpose.

 

RELEVANT PLANS AND POLICIES

 

The park is managed on behalf of the City of Busselton by the Meelup Regional Park Management Committee in accordance with the Meelup Regional Park Management Plan (2010); approved by both the Council and the Minister for Lands. The Committee is charged with managing the park for conservation and environmental enhancement and allowing recreation and other uses to occur, to the extent that they do not impair the conservation values of the park.

 

The Meelup Regional Park Management Plan (2010) does not specifically address coastal management prompting the development of the Meelup Regional Park Coastal Nodes Master Plan in 2013, to guide the sensitive development of the Meelup Regional Park coastal nodes and to manage the impacts that result from increasing visitation to the Park’s coastal areas including Point Picquet.

 

FINANCIAL IMPLICATIONS

 

Long-term Financial Plan Implications

 

Following advice that the City was eligible for funding under the Federal Governments National Landcare Programme (Whale and Dolphin Protection Plan), an application to the National Landcare Programme resulted in the City receiving an offer of $25,000 towards the establishment of a whale viewing platform.

 

In April 2015, Council amended its 2014/15 Budget to receive the $25,000 National Landcare grant as revenue towards the establishment of a whale viewing platform. Expenditure for construction of the Whale viewing platform is identified in the 2015/16 Draft Budget.

 

D-CALC has indicated their intent to contribute funds that they raised towards the whale viewing platform, for the installation interpretive signage. Interpretive signage will need to be appropriate for this sensitive location and will be the subject of a further report to the Committee.

 


 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 5 ‐ Cared for and Enhanced Environment and Community Objective 5.1 ‐ Our natural environment is cared for and enhanced for the enjoyment of the community and visitors.

 

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

 

The advertised (September 2012) Meelup Regional Park Coastal Nodes Master Plan concept design for the upgrade of Point Picquet carpark and surrounds, included an indicative location at Point Picquet for the establishment of a Whale viewing platform.  Notation on the Plan alerted readers that the feasibility of a whale viewing platform will be further investigated in consultation with D-CALC. Given no submissions were received in response to the advertising of the Master Plan, objecting to establishing a Whale viewing platform, that Point Picquet is both the preferred location for the SouWest Whale monitoring activities and a supported location.  No evaluation of other locations is required or has been undertaken.

 

The notation in the Meelup Regional Park Coastal Nodes Master Plan that the feasibility of a whale viewing platform be investigated further in consultation with D-CALC, resulted in the formation of a working group to progress the design for the whale viewing platform at Point Picquet. The Whale viewing platform working group comprised:

·    One City Environmental Officer and Meelup Environment Officer

·    One Dunsborough Coast and Landcare  Group representative

·    Two Meelup Regional Park Management Committee representative

In May 2015 the proposed site for the establishment of a Whale viewing platform at Point Picquet was inspected by representatives of the Nyungar community as part of an Aboriginal heritage assessment. No Aboriginal heritage sites or places were found to be located within the proposed Point Picquet Whale viewing platform area. The assessment concluded that the proposed Whale viewing platform would have a low key impact on the environment and recommended that the City of Busselton proceed with the proposal to construct a Whale viewing platform at Point Picquet without risk of breaching Section 17 of the Aboriginal Heritage Act 1972 in relation to Aboriginal heritage sites/places as defined by Section 5 of the Act.

 

The working group has developed a concept design and construction drawings for a proposed Whale viewing platform to be located at Point Picquet a copy of which is provided with this report as Attachment B.

 

This report recommends that the proposed Whale viewing platform concept design and construction drawings (Attachment B) be advertised for a period of four weeks to give the community opportunity to comment on the proposal. Following this advertising period a further report will be prepared which will include all submissions received and a Committee recommendation on this proposal submitted to Council

 

OFFICER COMMENT

 

Since 2004, community volunteers from Dunsborough Coast and Land Care Inc (D-CALC), in partnership with Western Whale Research, have been using Point Picquet during the whale migration season as the vantage point for monitoring the whales’ southwards passage through Geographe Bay.

 

Point Picquet is considered to be the best site for whale monitoring as it is the northern projection of the “greater Castle Bay” area with deeper water close to the coast and provides an almost 180-degree view for monitoring passing whales. This site also provides a ready reference point for whale monitoring, which is the buoy of the Swan wreck dive, north-east of the site.

 

The concept design for the Whale viewing platform due to its low key design and setting into an existing depression in the coastal granite will have low visual impact due to the higher elevation of the surrounding landform.

 

The materials proposed for construction of the platform include exposed aggregate concrete and locally sourced granite. The use of exposed aggregate concrete is consistent with the material palette in the Meelup Beach Master Plan, and will also allow an organically-shaped structure that fits into the landscape, rather than a rectangular-shaped deck. Locally sourced granite will help blend the structure into the landscape and will continue the granite theme used elsewhere in the park and seating will be incorporated as part of the granite stone surround to the concrete platform.  The proposed platform will provide universal access for disabled and a compass will be embedded into the concrete platform, to assist orientation for the public whilst providing a useful function for whale watching monitors.

 

There are limited formalised lookouts elsewhere in the park; these include a timber deck at the termination of the universal trail alongside Meelup Brook, and a lookout car park on Meelup Beach Road. The proposed lookout at Point Picquet is unique in that it will be the only such infrastructure on the coastline in Meelup Regional Park, which will also provide universal access and has an almost 180-degree view of Geographe Bay.

 

CONCLUSION

 

Point Picquet has been used for the purpose of monitoring Whale migration since 2004 due to its proximity to deeper water close to the coast and almost 180-degree view for monitoring passing whales. Given that Point Picquet is currently the preferred location for Whale monitoring activities and that the development of Whale viewing platform will have low visual impact, it is recommend that the proposed concept design and construction drawings be advertised for public comment.

 

OPTIONS

 

The Committee may resolve not to accept the recommendation or may resolve to amend the Officer’s Recommendations. The Committee may also consider a review of other sites for the establishment of a whale viewing platform.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Subject to the Committee supporting the Officer Recommendation, the proposed timeline for implementation of a public consultation period is 21 August 2015.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council endorses the proposed concept design and construction drawings (Attachment B) for the establishment of a Whale viewing platform at Point Picquet for the purpose of public consultation and that the design and drawings be advertised for a  period of four weeks .

 


Council

11

12 August 2015

10.1

Attachment a

MRP Coastal Nodes Master Plan Concept Plan

 


Council

21

12 August 2015

10.1

Attachment b

Point Piquet Whale Platform Design & Construction Plans

 


 


 


 


 


 


 


 


 


Council                                                                                      67                                                                 12 August 2015

10.2           Policy and Legislation Committee - 30/07/2015 - ADOPTION OF POLICIES FOR BUSH FIRE BRIGADES

SUBJECT INDEX:

Bush Fire and Emergency Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Ranger and Emergency Services Coordinator - Dean Freeman

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 30 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a series of draft policies for consideration which will act as guidelines for the conduct of City of Busselton Volunteer Bush Fire Brigades and their members.

 

 

 

BACKGROUND

 

At the meeting of the Bush Fire Advisory Committee (BFAC) held on 10 December 2013 the Committee considered the matter of the conduct of brigade business and the standards of behaviour and qualification that were required of brigade members. Arising from this, the Committee resolved to form a working party as follows:

 

1.            a working party comprising the Ranger & Emergency Services Coordinator, a representative of DFES Lower South West, the Chief Bush Fire Control Officer and three brigade representatives be formed to prepare a draft City of Busselton Bush Fire Brigades Local Law for consideration at the next meeting of this Committee.

 

2.            the following persons be appointed as brigade representatives on the working party:

 

a) D. Hunt – Yallingup Rural Bush Fire Brigade

 

b) B. Hatherly – Dunsborough Bush Fire Brigade

 

c) M. Fisher – Yallingup Rural Bush Fire Brigade

 

The working party met and the policies presented represent the culmination of the discussions held having regard for the outcomes being sought.

 

The policies were then considered by the BFAC at its meeting on 16th June 2015 and the draft policies as contained in the recommendation reflect the culmination of all discussions.

 

STATUTORY ENVIRONMENT

 

Section 62 of the Bush Fires Act 1954 - Local Government may make local laws provides

(1) A local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for and in relation to —

(a) the appointment, employment, payment, dismissal and duties of bush fire control officers; and

(b) the organisation, establishment, maintenance and equipment with appliances and apparatus of bush fire brigades to be established and maintained by the local government; and

(c) any other matters affecting the exercise of any powers or authorities conferred and the performance of any duties imposed upon the local government by this Act.

 

While this matter is not proposing the adoption of a Local Law, it can be seen that the adoption of Policies contained within the Officer Recommendation is consistent with the above provisions to provide for the organisation of Bush Fire brigades.

 

The City’s Bush Fire Advisory Committee is appointed in accordance with Section 67(1) of the Bush Fires Act 1954, to provide advice to Council regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire‐breaks in the district,  the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co‐operation and co‐ordination of bush fire brigades in their efforts and activities, and various other matters relating to bush fire control.

 

Again, the adoption of the Policies as contained within the Officer Recommendation is considered consistent with the tenor of “ensuring of co‐operation and co‐ordination of bush fire brigades in their efforts and activities” of Section 67 of the Bush Fires Act 1954.

 

RELEVANT PLANS AND POLICIES

 

The City’s Bush Fire Strategic Plan was adopted in 2005 and is the overarching plan for the City’s management of bush fire issues.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with the adoption of these policies.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Consideration of this matter is consistent with Community Objective 6.3 - An organisation that is managed effectively and achieves positive outcomes for the community – of the City of Busselton Strategic Community Plan 2013.

 

 

RISK ASSESSMENT

 

The possible risk to the City of Busselton associated with the proposed adoption of policies for the operation and management of Volunteer Bush Fire brigades has been assessed in accordance with the following matrix. This identifies the likely risk level to the City following the adoption of the draft policies.

 

Risk

Controls

Consequence

Likelihood

Risk Level

There is a risk to the reputation of the City and its Bush Fire Brigades should any of the brigades be seen to be dysfunctional in their management or operations.

Adoption of policies as guidelines for the brigades

Minor

Unlikely

Low 5

 

CONSULTATION

 

There has been no external consultation in the development of these policies. The policies have been based on the discussions of the working group, consideration by the BFAC and using existing Bush Fire Brigade Local Laws which have been adopted by other Local Governments.

 

OFFICER COMMENT

 

The adoption of policies as guides for the day to day activities of brigades has been considered as being preferable to the adoption of local laws.

 

This position is based upon the flexibility of amending policies compared to an extensive statutory requirement to amend a local law. It was also considered whether there was the need to have the force of law that comes with adoption of a local law. That is, would it ever be considered that the City would want to prosecute a brigade or individual members for failing to comply with the local law?

 

CONCLUSION

 

Having regard for the concerns of the Committee when this matter was originally considered, it is considered that the draft policies as presented will give the Volunteer Bush Fire Brigades the necessary guidance, standards and processes to deal with management issues which are likely to arise.

 

The Officer Recommendation to this report represents the Bush Fire Advisory Committee recommendation to Council with one slight amendment.

 

The recommendation of the Bush Fire Advisory Committee is for Council to “note these policies as supporting the management of Bush Fire brigades. It is considered that these Policies should be adopted as Policies of Council having regard for the role of a local government in the organisation of Bush Fire brigades as intended under Section 62 of the Bush Fires Act.

 

The recommendation of policies relating to the organisation of brigades is also consistent with the role of a Bush Fire Advisory Committee under the Bush Fires Act 1954.

 

The adoption of the Policies, rather than noting them, will give these policies the backing of the Council and also ensure that they are not amended other than by Council.

 

OPTIONS

 

The Committee may elect not to support the draft policies as recommended however this will then result in no guidelines being available to assist brigades in their activities. This could then lead to differing standards within brigades across all areas covered by the proposed policies.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

These policies will come into effect once adopted by the Council.

 

 

OFFICER  & BFAC RECOMMENDATION

 

That in accordance with the Bush Fires Act 1954, the Council adopts the following policies for the management of Bush Fire Brigades:

 

Policy Grievance Process and Disciplinary Action

 

 

Policy Grievance Process and Disciplinary Action

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish an environment where members of Volunteer Bush Fire brigades of the City of Busselton can expect to be treated equally and with respect.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, Volunteer Bush Fire Brigades of the City of Busselton shall operate in a manner that affords respect to all brigade members and provides for a fair process for dealing with grievances within the brigade.

 

POLICY CONTENT

 

1. Grievance Process / Disciplinary Action

(1) All Brigades, through their management and members shall commit to providing an environment in which all persons can expect to be treated equally and with respect.

 

(2) All members upon joining a brigade shall be provided with a copy of this Policy as part of their induction into the brigade.

 

(3) A grievance is any serious allegation, dispute or claim, arising during any training or activity involving the brigade, in relation to an act committed by a member. Examples that may be considered a grievance include acts that—

(a) constitute a breach of the Rules that may be from time to time be formed by a brigade,

(b) contravene the values of the Rules or the Code of Conduct Policy,

(c) bring the brigade, the City of Busselton Volunteer Bush Fire Service, and or the City of Busselton into disrepute;

(d) contravenes any reasonable direction given by the brigade’s Fire Control Officer, Captain or the delegated authority of the committee of the Brigade;

(e)shows disregard for brigade regulations, City of Busselton policies or procedures;

(f) jeopardises the safety of the member or others; and/or

(g) results in the member being convicted of an offence for which an offender may be imprisoned.

 

(4) Where a grievance arises, an investigation must be conducted by the Chairman (and the CBFCO if necessary) of the Brigade.

 

(5) During the investigation it may be determined that the member be suspended from all or part of brigade activities, subject to the CBFCO’s approval. If a member is to be suspended during the investigation the CBFCO shall notify the member in writing or email of the terms of the suspension, including the reason for the suspension and the time period. The time period for suspension during an investigation, should not exceed three (3) consecutive months.

 

When an investigation is completed a report will be provided by the investigating officer to the CBFCO outlining the process of the investigation, the conclusions drawn and any recommended action.

 

(6) Disciplinary action in relation to the member may include—

(a) suspension of membership;

(b) termination of membership; or

(c) any other reasonable disciplinary action as determined by the Brigade Executive Committee in consultation with the CBFCO.

 

(7) If a disciplinary suspension is imposed, the CBFCO must notify the member in writing or email that they are suspended, including the suspension period and reason for suspension. Suspension may be from complete or specific brigade duties and activities.

 

(8) The period of disciplinary suspension shall be determined by the CBFCO in consultation with the Chairman and the Brigade Executive Committee.

 

(9) On completion of the suspension period the member may be required to undertake refresher training before resuming active fire fighting duties which will be supervised and or acknowledged by the Captain.

 

(10) If a membership is to be terminated, the Chairman with the approval of the CBFCO will notify the member in writing or email, and provide a reason for termination.

 

(11) Where a membership is terminated, all property owned by the local government shall be returned to the local government within fourteen (14) days of giving notice. Failure to meet these conditions may require the local government to seek reimbursement of costs against the member.

 

2 Termination by the Member

(1) A member can decide to resign from brigade activities and terminate their membership by providing written notification to the Brigade Executive Committee.

 

(2) Where a member resigns, all property owned by the local government shall be returned to the local government within fourteen (14) days of giving notice. Failure to meet these conditions may result in the local government to seeking reimbursement of costs against the member.

 

3 Rights of a Volunteer Member

(1) A member shall not be suspended or dismissed from any brigade duty without an opportunity to defend the allegation.

 

(2) Any member may lodge a written objection to the CBFCO should they consider they have been unfairly dealt with by the Brigade Executive Committee.

 

(3) The CBFCO shall consider the objection and deal with it in consultation with the Brigade Executive Committee. This may include either—

(a) dismissing the objection;

(b) varying the decision;

(c) revoking the original decision;

(i) imposing an independent decision; or

(ii) referring the matter back to the Brigade Executive Committee to reconsider the decision.

 

 

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator - Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Policy Meetings of the Brigade

 

08

Policy Meetings of the Brigade

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to provide a structure for the conduct of meetings of Volunteer Bush Fire Brigades to assist the operation of the Brigade and any Committee that the brigade may establish.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, meetings of Volunteer Bush Fire Brigades of the City of Busselton shall be held in a manner that is open to respected principles of inclusion and accountability.

 

POLICY CONTENT

 

 

Part 1 -Meetings of the Brigade

1 Ordinary meetings

(1) The brigade may at any time call an Ordinary Meeting of its members.

 

(2) The brigade shall hold a minimum of one (1) Ordinary Meeting between 1 July and 30 June each year or as they deem necessary.

 

(3) A quorum for an Ordinary Meeting shall comprise not less than 25% of the eligible voting members of the Brigade.

 

2 Annual General Meeting (AGM)

(1) The brigade shall hold an AGM in the month of May each calendar year.

 

(2) A quorum for the AGM shall comprise not less than 25% of the eligible voting members of the Brigade.

 

(3) A report may be presented to the membership by a Brigade Executive Committee Office Bearer

 

(4) At this meeting all Brigade Executive Committee and Brigade Officer positions will be declared vacant.

 

(5) All equipment and documentation relevant to each position is to be made available for auditing at the AGM.

 

(6) The Chairman or proxy will act as returning officer during the election of the new Brigade Executive Committee and brigade officer positions.

 

(7) The incoming Brigade Executive Committee will assume the positions at the close of the AGM.

 

(8) Any outgoing Brigade Executive Committee Member is to conduct a handover to the new incumbent.

 

(9) All minutes of the AGM including financial statements are to be lodged with Executive Officer of the Bush Fire Advisory Committee for the information of the local government within a period no later than twenty-one (21) days after the AGM.

 

3 Special Meeting

(1) The Chairman may at any time convene a special meeting of the brigade.

 

(2) The Secretary of the brigade must convene a special meeting when a written request is made by not less than ten (10) or fifty (50) percent (whichever is least) active members of the brigade?

 

(3) The names of the members requesting the special meeting are to be recorded in the notice of meeting submitted to members and the minutes of the meeting.

 

(4) A quorum for a Special Meeting shall comprise not less than 25% of the eligible voting members of the Brigade.

 

4 Notice of a Meeting

(1) Notice of any Special Meeting of the brigade, must be given to all members of the brigade eligible to vote at least seventy two (72) hours before the commencement of the meeting.

 

(2) Notice of the AGM of the brigade must be given to all members of the brigade eligible to vote, as well as the CBFCO, at least thirty (30) days before the commencement of the meeting.

 

(3) Notice of any Ordinary Meeting of the brigade must be given to all members of the brigade eligible to vote, as well as the CBFCO, at least seven (7) days before the commencement of the meeting.

 

(4) Notice of an Ordinary Meeting, Special Meeting or AGM—

(a) must be given by the Secretary;

(b) may be given by written notice to each member—

(i) Personally, by post or electronic email; or

(ii) By a notice published in a newspaper circulating in the area of the brigade;

(c) must set out the date, time, and venue of the meeting;

(d) must be signed by the Secretary or, in the case of a special meeting, by the person convening the meeting; and

(e) must set out an agenda for the meeting.

 

5 Quorum

No formal business is to be transacted at a meeting of the brigade unless a quorum of members is present.

 

6 Voting

(1) Each Active and Auxiliary Member shall be entitled to one (1) vote.

 

 (2) In the event of an equality of votes, the Chairman may exercise the deciding vote.

 

(3) Votes may be counted by either—

(a) formal secret ballot; or

(b) informal show of hands.

 

(4) The form of voting in (3) above shall be determined by a simple majority of members present at the meeting.

 

(5) A member is not deemed to be active and is unable to cast a vote at any meeting of the brigade, unless all requirements in regards to brigade training and activities as set out under section 4.7 have been satisfied.

 

7 Procedure at Meetings

Meeting procedures and protocols are to be in accordance with the brigade’s meeting procedures and protocol guidelines.

 

Part 2—Committee

1 Meetings

(1) Each brigade shall have a Brigade Executive Committee. The Brigade Executive Committee shall meet each calendar month or as required.

 

(2) Any functions of the brigade may be delegated to the Brigade Executive Committee provided that a motion approving of the delegation has been carried at either an Ordinary Meeting or AGM.

 

(3) The Brigade Executive Committee shall consist of the following Office Bearers—

(a) Chairman

(b) Secretary

(c) Treasurer

(d) FCO's

(e) Captain

(f) Other Office Bearers

(g) A Bush Fire Ready Coordinator Representative where this organisation exists and the representative is a member of the Brigade.

 

(4) The Brigade Executive Committee will be responsible for the management and administration of the brigade. The brigade officers are responsible for all operational requirements of the brigade.

 

(5) A motion carried by the vote of a majority of those present at a Brigade Executive Committee meeting shall be accepted as the decision of the Brigade Executive Committee.

 

(6) Each Brigade Executive Committee Member present at a meeting of the Brigade Executive Committee shall be entitled to one (1) vote. In the event of an equality of votes the Chairman will be entitled to a second or casting vote.

 

(7) The Secretary must keep accurate minutes of the meeting

 

(8) Minutes of these meetings shall be made available to members of the brigade.

 

(9) The term of all elected positions on the Brigade Executive Committee shall expire at the completion of the next AGM of the brigade.

 

Part 3—Brigade Elections

1 Nomination of Candidates for Brigade Elections

(1) Any person accepting a nomination for a Brigade Executive Committee position must be competent and qualified to perform the duties and responsibilities of that position.

 

(2) The Secretary shall advise the Chairman of the brigade at the general meeting prior to the AGM that nominations are required to be presented at the AGM.

 

(3) A person can only be nominated by an Active Member.

 

(4) A nomination must be endorsed by a second Active Member filling out a Nomination Form in the form of Schedule 1 attached.

 

(5) Each member is only entitled to nominate one (1) person per position.

 

(6) A nomination may be made—

(a) in writing or email to be received by the Chairman before the official close of nominations; or

(b) verbally at a general meeting prior to the AGM.

 

(7) Nominees must sign or indicate acceptance of nomination.

 

(8) Nominees for operational Brigade Officer positions must meet the minimum requirements for training as set out under section 3 of these Rules.

 

(9) Nominees for Brigade Officer positions must accept all requirements imposed by the Local Government, the brigade or legislation.

 

(10) The Brigade Executive Committee will assist and mentor new Brigade Officers in their new roles.

 

(11) The CBFCO or a proxy may act in the position as returning officer during the election of office bearers at the AGM if requested by the brigade.

 

2 Conduct of Elections

(1) Positions shall be determined by vote in accordance with the following order:

 

Order

Officer

Term

1

Chairman

1 year

2

Secretary

1 year

3

Treasurer

1 year

4

FCO Nominations

1 year

5

Captain

1 year

6

Lieutenants

1 year

7

Training Officer

1 year

8

Equipment Officer

1 year

9

Other

1 year

 

(2) Any additional positions to the Brigade Executive Committee or the Brigade are to be elected in accordance with Brigade standard meeting procedures.

 

(3) Any appointment to the office of Bush Fire Control Officer shall not have effect until the nomination has been considered by the Bush Fire Advisory Committee and the appointment has been approved by the local government.

 

3 Absentee Votes

(1) Where a member of the Brigade or the Brigade Executive Committee is not able to be present to cast their vote in person, that member may cast an absent vote.

 

(2) An absent vote shall be cast by the member in writing or email and be received by the brigade secretary prior to the voting on any matter before the meeting.

 

(3) The absent vote shall contain the name of the person casting the vote and some verification of authenticity of the vote (ie signature or email address if voting by email).

 

7.4 Supplementary Elections

Where a supplementary election must be held due to a vacancy in a position as a result of an early resignation or other reason, the Brigade Executive Committee, by majority vote, will appoint a consenting Active Member for the remaining term of the vacant position.

 


Schedule 1

NOMINATION FORM

(Part 3 – Brigade Elections - Clause 1(4))

(Name of Brigade) Volunteer Bush Fire Brigade

 

I……………………………………….……………………………………………………as an active member of the ………………………………………Volunteer Bush Fire Brigade hereby nominate for the position of (please tick √)–

 

Fire Control Officers

Lieutenant

Captain

Chairman

Secretary

Treasurer

Training Officer

Equipment/Comms Officer

First Aid Officer

Station/Callout Attendant

 

(If nominating for more than one position, separate forms are required)

 

I ............................................................................................................................... as an active member of …………………………………….............. Volunteer Bush Fire Brigade hereby endorse the above nomination.

 

 

Signed _____________________________ Date ____________________

 

Full name of Nominee: ................................................................................................................................. .

Address: .....................................................................................................................................................

Contact Details—

Home: …………………………………………..

Mobile: …………………………………………..

E-mail: …………………………………………..

DFES Identification Number: ………………….

I certify that I have read and understand the duties and responsibilities for the position I have been nominated as specified under the Volunteer Bush Fire Brigade Rules and that I have currency in all the competencies required. I understand that if I do not have currency in all the competencies required I can still be nominated subject to the approval of the CBFCO. Such approval may be conditional on further training or other arrangements as deemed necessary.

 

_________________________                  ______________________

Signature                                                             Date

Received by Secretary/Returning Officer—

 

____________________________           _____________

Signature                                                             Date

 


 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator – Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Policy Membership

 

08

Policy Membership

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish the classifications of membership within Bush Fire brigades of the City of Busselton and provide for the integration of new members into the brigade.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, persons seeking to become members of Volunteer Bush Fire Brigades of the City of Busselton shall have an understanding of the commitment expected of a brigade member so that they may contribute in a manner that enhances their experience and value as a member of the brigade.

 

POLICY CONTENT

 

1 New Membership Application

(1) A new member is to complete a DFES volunteer nomination form and accept the conditions for membership.

 

(2) A minimum of two (2) Brigade Executive Committee members, including the Captain, should decide whether to recommend the application to the Senior FCO.

 

(3) At the meeting of the Committee, the brigade Office Bearers may-

(a) Accept Application

(b) Defer the Application for further consideration or:

(c) Refer the application to the Senior FCO for consideration

 

2 Dual Membership

(1) A member may be a member of another local government brigade.

 

(2) A member may not be a member of another brigade within the local government unless they have the written permission of the Senior FCO’s of the brigades concerned. This permission may be conditional.

 

3 Categories of Membership

The categories of membership shall be—

(a) Fire Fighters;

(b) Management Support;

(c) Auxiliary Members;

(d) Cadets, and

(e) Associates.

 

4 Training

(1) A new member is required to complete the necessary Fire Fighter Training Courses as required by the local government prior to commencing active and unsupervised Fire Fighter duties.

 

(2) Competency in these Training Courses shall be the minimum acceptable standard required for a Fire Fighter to perform active and unsupervised fire fighting duties. Currently this includes Induction, Introduction to Fire Fighting and Bush Fire Fighting training Courses.

 

(3) Members must comply with the legislative requirements of the—

(a) Bush Fires Act 1954 (WA);

(b) FESA Act 1998 (WA); and

(c) Equal Opportunity Act 1984 (WA).

 

(4) Members must act within the—

(a) Local guidelines;

(b) Brigade’s local policies;

(c) Code of Conduct Policy,

(d) Competency and commitment requirements for an active volunteer Fire Fighter or Operation and Management Support roles as required by the CBFCO; and

(e) Westplan Bushfire.

 

(5) Members must maintain currency of the appropriate licenses to be able to operate brigade vehicles. Any traffic offence that results in a suspension or loss of license must be reported to the Captain, the FCO and CBFCO and the member must comply with the terms of their suspension.

 

5 Decision on Application Membership

(1) The Chairman of the brigade must contact the applicant in writing or email within fourteen (14) days of a final decision by the brigade or the CBFCO.

 

(2) The applicant has the right to appeal the decision of the Brigade Executive Committee. The appeal shall be in writing or email addressed to the Senior FCO and Chairman.

 

6 Induction

All new members shall be—

(a) introduced to brigade members and shown all brigade facilities during induction;

(b) instructed about any safety requirements;

(c) made aware of brigade duties and responsibilities;

(d) provided with a mentor/s until such time as they are familiar with Normal Brigade Activities;

(e) provided with a copy of the Code of Conduct Policy, and

(f) made aware of City of Busselton and local brigade guidelines and policies if any exist within that brigade.

 

7 Membership Requirements (Brigade Commitments)

(1) Members are required to maintain currency in brigade activities and training to be deemed as an Active Member and or be granted special considerations due to extenuating circumstances.

 

(2) Brigade Activities—

(a) During the Fire Season members are required to attend a minimum of one (1) brigade ordinary meeting or other brigade activity or incident.

(b) During the Non-Fire Season members are required to attend a minimum of one (1) brigade ordinary meeting or other brigade activity or incident.

 

(3) Brigade Training—

(a) During the Fire Season members are required to attend and participate at a minimum of one (1) brigade training activity or incident.

(b) During the Non-Fire Season members are required to attend and participate at a minimum of one (1) brigade training activity or incident.

 

(4) If extenuating circumstances apply that a member is unable to meet brigade commitments, it shall be the responsibility of the member to notify the Brigade Executive Committee, in writing or email to advise of the circumstance, and the Brigade Executive Committee will acknowledge in writing or email any special considerations to the member.

 

(5) The Training Officer should endeavour to make alternative arrangements for the member to meet the requirements wherever possible.

 

8 Failure to Comply with Commitments

(1) Should an active member of a brigade fail to comply with section 7, correspondence will be forwarded to the member requesting contact be made with the brigade to indicate the intentions of the member’s status.

 

(2) The Brigade Member may—

(a) respond to the correspondence providing a reasonable explanation and request for alternative arrangements to be made for training or meeting obligations.

(b) request in writing or email for Leave of Absence from brigade commitments due to personal circumstances.

(c) terminate their membership.

 

(3) If a member fails to respond to the correspondence Under section 8 within fourteen (14) days a subsequent letter will be forwarded putting the member on final notice. Should a member fail to acknowledge the final notice within fourteen (14) days, the membership shall be terminated, to take effect from the date of the final notice.

 

9 Change of Members Details

The local government and DFES are to be notified of any change of personal details of a member. The brigade will complete a DFES volunteer application form and forward it to the Local Government representative and DFES within fourteen (14) days of the change.

 

10 Leave of Absence

(1) A member may at any time request a Leave of Absence from all brigade commitments for a period not to exceed twelve (12) consecutive months.

 

(2) The application should be made in writing or email and addressed to the Captain. Copy to Brigade FCO’s.

 

(3) On completion of the Leave of Absence period the member must complete a Membership Update Form if deemed necessary providing any change of details and forward to the Captain and FCO’s.

 

(4) On completion of the Leave of Absence period the member must undertake any refresher training required before resuming active fire fighting duties. If the request for Leave of Absence is for a medical condition the member must provide confirmation of fitness to the satisfaction of the CBFCO to be able to resume active duties.


 

 

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator – Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency -

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Policy Qualifications of Brigade Officers

 

08

Policy Qualifications of Brigade Officers

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to establish the qualifications required of persons seeking to hold office within Volunteer Bush Fire Brigades of the City of Busselton; either in an operational or administrative capacity.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, member of Volunteer Bush Fire Brigades of the City of Busselton shall be informed in advance of required training and qualifications required of Brigade Officers. This will enable members aspiring to become brigade Officers to plan a training pathway to obtain the necessary qualifications.

 

This Policy will also serve to provide direction to the brigade Training Officer on appropriate training that will support a member’s brigade aspirations.

 

POLICY CONTENT

 

Duties and Responsibilities of Brigade Office Bearers

The Office Bearers of the brigade should be able to demonstrate current competencies for the position of office they are nominated for, or give an undertaking to complete any training requirements prior to accepting the nomination or undertaking the duties and responsibilities of the said position.

 

Nominations are subject to the approval of the Senior FCO. Such approval may be conditional on the nominee undertaking further training or other necessary arrangements to satisfy the competency requirements.

 

The following are to be adopted as guidelines and where competencies names may vary from time to time the member may have an alternative appropriate competency.

 

1 Captain

(1) The Captain of the brigade shall be responsible for the leadership and management of brigade operations in liaison with Fire Control Officers.

 

(2) A member wishing to be appointed to the position of Captain of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting and/or support experience

Minimum 3 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

Structural Fire fighting

 

Competent

AIIMS Awareness

 

Competent

 

2 Fire Control Officer (FCO)

(1) A FCO is a delegated representative of the local government responsible for the administration of provisions within the Act. The position is required to perform active operational duties in relation to both fire defence and fire prevention strategies within the local community.

 

(2) A member wishing to be appointed to the position of Fire Control Office of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting experience

Minimum 4 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

Structural Fire fighting

 

Competent

AIIMS Awareness

 

Competent

Fire Control Officer

 

Competent

 

3 Lieutenant

(1) The Lieutenant of a brigade is responsible for the operational management of members during brigade activities. The position is required to provide operational support to the Captain in managing the brigade. The position reports to the Captain on all matters relevant to the functioning of the Brigade and/or personnel they are supervising.

 

(2) A member wishing to be appointed to the position of Lieutenant of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting experience

Minimum 3 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

 

4 Fire Fighter

A Fire Fighter is an active member of the brigade who, when engaging in Brigade operational matters shall act in accordance with the instructions of senior brigade officers.

 

A member shall be a competent fire fighter before being engaged on wildfire suppression duties.

 

The minimum qualifications for a person to be considered competent are as follows:

Qualifications

Experience

Competency Required

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

 

5 Chairman

The Chairman of the Brigade is elected to preside over all brigade meetings and promote open fair discussion during debate in relation to brigade matters.

 

The occupant of the position of Chairman is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The Chairman must have:

(a) Sound understanding of meeting procedures; and

(b) Demonstrated ability to conduct and manage meetings.

 

6 Secretary

The Secretary is to record and manage administrational matters of the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The occupant of the position of Secretary must have:

(a) Demonstrated ability to take minutes;

(b) Demonstrated record keeping and filing skills;

(c) An understanding of meeting procedure; and

(d) Developing computer skills.

 

7 Treasurer

The role of the Treasurer is to manage and report on all financial matters relevant to the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The occupant of the position of Treasurer must have:

(a) Knowledge and understanding of accounting principles; and

(b) Developing computer skills.

 

8 Brigade Training Officer

(1) The Brigade Training Officer is responsible for the management and co-ordination of brigade training in conjunction with the Local Government Training Coordinator, including the documentation of these activities. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

(2) Duties and Responsibilities of the Brigade Training Officer may include—

(a) Ensure brigade members maintain necessary skill levels equivalent to the competency standards required by the local government and as recommended by DFES;

(b) Endeavour to ensure regular training sessions are conducted within the brigade to maintain currency of qualifications and skills;

(c) Maintain accurate records of training undertaken by members and ensure that qualification and training updates are forwarded to the Local Government Training Coordinator as required;

(d) Provide mentoring for members who express an interest in training to encourage future facilitators.

(e) Liaise with Captain and FCO's on training operations

 

9 Brigade Equipment Officer

The Brigade Equipment Officer is not required to perform active operational duties but needs to be able to demonstrate a degree of knowledge of brigade equipment.

 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator - Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy - Roles of Brigade Officers

 

08

Draft Policy Roles of Brigade Officers

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to establish the roles of persons appointed as officers of Volunteer Bush Fire Brigades of the City of Busselton.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, officers of Volunteer Bush Fire Brigades of the City of Busselton, shall have a clear understanding of the extent of their authority and how their role will contribute to the strong management and operations of the brigade.

 

POLICY CONTENT

 

Roles and Responsibilities of Brigade Office Bearers

 

Office bearers of a brigade shall perform the following roles:

 

1 Captain

(1) The Captain of the brigade shall be responsible for the leadership and management of brigade operations in liaison with Fire Control Officers.

 

(2) As a role model and mentor for members, the Captain should always act with integrity and consider each member equally. All decisions should be in the interest of the Brigade and its members.

 

(3) The position reports to the FCO's and the CBFCO on brigade related matters.

 

(4) Duties and responsibilities of the Captain include—

(a) Demonstrate positive leadership and mentor members;

(b) If the Captain is the senior officer at an incident;

(i) command, control and confidently manage activities at emergency incidents

(ii) to ensure incident control systems and management principles are implemented and maintained during all emergency incidents if required;

(iii) maintain some form of personal incident diary with a record of events and decisions that occur at an incident;

(iv) conduct Brigade briefings and post incident analysis of any incident involving fire fighting, incident support or management issues;

(v) ensure members deployed for operational duties have the competencies to complete the task or duty assigned and hold currency in training to carry out the functions required, in accordance with training recommendations;

(vi) to undertake responsibility for the proper management and maintenance of Brigade property and equipment to the best of their ability;

(vii) ensure conduct of members is in accordance with the Code of Conduct, and

(viii) report any injuries of personnel or damage to fire fighting vehicles or equipment immediately to the FCO and the CBFCO.

 

(5) In the absence of the Captain, the next senior officer of the brigade has authority to exercise the powers of the Act delegated to the Captain (Part IV Section 44(1)).

 

2 Fire Control Officer (FCO)

(1) A FCO is a delegated representative of the local government responsible for the administration of provisions within the Act. The position is required to perform active operational duties in relation to both fire defence and fire prevention strategies within the local community.

 

(2) A member of the Brigade may be nominated for this position at the Brigade AGM.

 

(3) Fire Control Officers are nominated by the brigade to the Bush Fire Advisory Committee. The nomination is considered by BFAC and the CBFCO and if appropriate it is forwarded to the local government for its consideration and ratification.

 

(4) Duties and responsibilities of the FCO include—

(a) authorise permits for hazard reduction burns within the local government in accordance with the Act;

(b) identify and conduct risk assessments of fire hazards within the local government;

(c) perform duties prescribed by the Act and authorised by the local government;

(d) may take overall control of fire suppression activities or operational incidents where the local government is the Controlling Agency;

(e) maintain a personal incident diary to include a record of events and decisions during an incident;

(f) conduct brigade briefings and post incident analysis of any incident involving fire fighting or management issues.

(g) Provide advice and guidance and assist in Brigade management to effect improvements to fire management in the area.

(h) carry out normal brigade activities

(i) ensure conduct of members is in accordance with the Code of Conduct.

 

3 Lieutenant

(1) The Lieutenant of a brigade is responsible for the operational management of members during brigade activities. The position is required to provide operational support to the Captain in managing the brigade. The position reports to the Captain on all matters relevant to the functioning of the Brigade and/or personnel they are supervising.

 

(2) The Brigade should appoint a minimum of two (2) Lieutenants. Additional Lieutenants may be appointed according to the needs of the Brigade. If operational circumstances require the number of Lieutenants for a brigade to be more than four (4), as decided by the Brigade Executive Committee, a request is to be submitted in writing or email to the CBFCO for endorsement.

 

(3) The brigade must rank all Lieutenants numerically according to seniority including length of service and relevant skills.

 

(4) Duties and responsibilities of a Lieutenant include—

(a) provide support to the Captain and assist with the operational management of the brigade;

(b) in the absence of the Captain administer all powers and responsibilities of the Act (Part IV Section 44(1));

(c) command and manage members during emergencies and other brigade related incidents and activities;

(d) maintain a personal incident diary with a record of events that occur during all incidents if assuming the role of the most Senior Officer;

(e) in the absence of a more Senior Officer, conduct brigade briefings and post incident analysis of any incident involving fire fighting or management issues;

(f) encourage positive interaction and teamwork between members;

(g) ensure Bush Fire Operating Procedures are adhered to at brigade activities;

(h) to endeavour to ensure active members engaged in brigade activities are allocated tasks relevant to their competencies;

(i) work cohesively with the Brigade Training Officer to conduct training activities for active members;

(j) to ensure the behaviour of members is in accordance with the Code of Conduct.

 

3.4 Chairman

(1) The Chairman of the Brigade shall be elected at the Annual General Meeting of the Brigade, or a Special Meeting of the Brigade held for that purpose.

 

(2) The Chairman shall be elected by a majority of the members present at the meeting, subject to sufficient members of the meeting being present to constitute a quorum.

 

(3) The occupant of the position of Chairman is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

(4) The position reports to the Captain and FCO's on administrative matters pertinent to the brigade. In the absence of the Chairman, the members of the Brigade present shall elect one of the members present to deputise as Chairman for the duration of that meeting.

 

(5) The Chairman shall perform the following functions—

(a) preside over all brigade meetings;

(b) ensure meeting procedure and protocol is maintained;

(c) promote the aims and objectives of the brigade where possible;

(d) advise the brigade on administrative matters;

(e) report brigade matters to the Captain and FCO's;

(f) promote open fair discussion during debate in relation to brigade matters; and

(g) ensure minutes of meetings are signed and dated by the Chairman.

 

5 Secretary

(1) The Secretary is to record and manage administrational matters of the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

(2) The position reports to the Chairman on administration matters relevant to the brigade. This position may be held in conjunction with the Treasurer position.

 

(3) The Secretary shall perform the following functions—

(a) Ensure members receive notification of brigade meetings in accordance with Council Policy – Meetings of Brigades,

(b) Where deemed appropriate, prepare an agenda for brigade meetings and distribute to members prior to meetings;

(c) Ensure minutes of brigade meetings are recorded and where ever possible, distributed to all members prior to next meeting;

(d) Document and record all brigade correspondence;

(e) Ensure brigade information is disseminated to all listed members;

(f) Make available circulars and other information to members;

(g) Work cohesively with local government management and administration staff on matters relevant to brigade administration.

(h) Maintain a register of Brigade Members

 

6 Treasurer

(1) The role of the Treasurer is to manage and report on all financial matters relevant to the brigade. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

(2)The position reports to the Chairman on financial matters relevant to the brigade. This position may be held in conjunction with the Secretary position.

 

(3) The Treasurer shall perform the following functions—

(a) Manage financial affairs including budgets of the brigade;

(b) Maintain brigade financial records and provide detailed reports of income and expenditure at meetings;

(c) Work cohesively with the City of Busselton on matters pertinent to brigade financial matters, including providing copies of financial statements when requested.

 

7 Brigade Training Officer

(1) The Brigade Training Officer is responsible for the management and co-ordination of brigade training in conjunction with the Local Government Training Coordinator, including the documentation of these activities. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

The Office is expected to maintain a sound knowledge of the Competencies required by members.

 

(2) Duties and Responsibilities of the Brigade Training Officer may include—

(a) Ensure brigade members maintain necessary skill levels equivalent to the competency standards required by the local government and as recommended by DFES;

(b) Endeavour to ensure regular training sessions are conducted within the brigade to maintain currency of qualifications and skills;

(c) Maintain accurate records of training undertaken by members and ensure that qualification and training updates are forwarded to the Local Government Training Coordinator as required;

(d) Provide mentoring for members who express an interest in training to encourage future facilitators.

(e) Liaise with Captain and FCO's on training operations.

 

8 Brigade Equipment Officer

(1) The role of the Brigade Equipment Officer is to manage brigade property, fleet vehicles, general equipment and stock levels of personal protective equipment. The position is not required to perform active operational duties but may be able to demonstrate a degree of knowledge of brigade equipment. The position may be inclusive to an operational position held within the brigade.

 

(2) The equipment officer shall perform the following functions—

(a) Manage brigade equipment and maintain a register of all assets;

(b) Coordinate and record maintenance of brigade equipment;

(c) Report all damage of brigade equipment or property to the FCO's and Captain immediately;

(d) Manage brigade requests for replacement items and equipment; and

(e) Compile documentation of replacement items and submit to the Captain and FCO's and CBFCO.

 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator – Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy Brigade Accounting

 

08

Draft Policy Brigade Accounting

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to ensure that the financial affairs of Bush Fire Brigades of the City of Busselton are conducted in a manner that will ensure accountability of community funds.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, the City of Busselton seeks to ensure that the financial affairs of volunteer bush fire brigades are managed in a manner that will ensure that brigade and community members can be satisfied that any funds held by the brigade are properly accounted for, and are used for the purposes for which they were raised.

 

POLICY CONTENT

 

1 Accounts at Financial Institutions

(1) The brigade must disclose where brigade account(s) are to be held for the ensuing Financial Year at each AGM and record this information within the minutes of the AGM.

 

(2) The brigade must have three (3) Brigade Executive Committee Members to act as signatories for the brigade accounts each Financial Year.

 

(3) A minimum of two (2) signatures is required on any brigade account cheque or bank transaction form.

 

(4) All brigade purchases are to be approved by the Brigade Executive Committee.

 

(5) All accounts raised, works undertaken or goods to be purchased by the brigade must be authorised in advance by the Brigade Executive Committee.

 

(6) All accounts raised, works undertaken or goods to be purchased need to be ratified by the brigade at the next Ordinary Meeting.

 

(7) All funds raised by the brigade are to be used for the purpose of improving the profile and operation of the brigade and its members.

 

(8) All payments issued must be accompanied by the appropriate documentation (invoice or monthly account).

 

(9) All money received by the brigade or by a member on behalf of the brigade must be recorded in the brigade financial records.

 

2 Financial Reports

(1)  The Treasurer must, at each AGM, present a financial report for the previous 12-month period or since the last AGM.

 

(2) The financial report must include—

(a) a Statement of Receipts and Payments;

(b) a Bank Reconciliation Statement;

(c) notes detailing any outstanding receipts or payments; and

(d) an Inventory of Assets held by the brigade.

 

3) The financial report will be forwarded to the Executive Officer of the Bush Fire Advisory Committee for the information of the local government

 

(4)The City shall have the option to re/view the financial statement of any brigade if it considers it is necessary, and may undertake an audit if required by the Chief Executive Officer

 

3 Rules for Deductible Gift Recipient Funds

(1) If a Volunteer Bush Fire Brigade establishes a Fire and Emergency Public Fund, the fund called the “(insert Brigade name) Volunteer Bush Fire Brigade Public Fund” is to be governed by this policy.

(2) The object of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund is to solicit and receive gifts from the public solely for the purpose of supporting the volunteer-based emergency service activities of the (insert Brigade name) Volunteer Bush Fire Brigade.

(3) The (insert Brigade name) Volunteer Bush Fire Brigade must maintain the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund as a ‘gift fund’ to receive and record all of the following:

a) gifts of money or property;

b) deductible contributions described in item 7 and 8 of the table in section 30-15 of the Income Tax Assessment Act 1997 in relation to a fund-raising event held for that purpose;

c) money received because of such gifts and contributions.

 

(4) The public fund is not to receive any other money or property.

 

(5). All receipts for gifts must include all of the following:

a) be issued in the name of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund;

b) state that the receipt is for a gift;

c) state the (insert Brigade name) Volunteer Bush Fire Brigade’s ABN.

 

(6). The (insert Brigade name) Volunteer Bush Fire Brigade may invite the public to donate to the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund.

(7). A Brigade Executive Committee of management of no fewer than three persons will be appointed by the (insert Brigade name) Volunteer Bush Fire Brigade to administer the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund. A majority of the members of the Brigade Executive committee of management are required to be persons having a degree of responsibility to the general community by reason of their occupation or standing in the community.

(8) The (insert Brigade name) Volunteer Bush Fire Brigade Public Fund (Fund) shall operate on a non-profit basis. No portion of the assets or income of the Fund will be distributed directly or indirectly to members of (insert Brigade name) Volunteer Bush Fire Brigade or the Fund’s management Brigade Executive committee apart from bona fide compensation for services rendered or expenses incurred on behalf of the Fund.

(9) If the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund is wound up or if the endorsement of the (insert Brigade name) Volunteer Bush Fire Brigade as a deductible gift recipient for the operation of the Fund is revoked, any surplus assets of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund remaining after the payment of liabilities attributable to it, shall be transferred to a fund, authority or institution which has similar objects and to which income tax deductible gifts can be made.

(10). (insert Brigade name) Volunteer Bush Fire Brigade must notify the Australian Taxation Office in writing or email if it is no longer entitled to be endorsed for the operation of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund, or of any changes that would affect its entitlement to endorsement.

 

Policy Background

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator – Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History –

 

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy Code of Conduct Values and Objectives

 

08

Draft Policy – Code of Conduct, Brigade Objectives and Values

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish core values that underpin membership of, and the operations of Volunteer Bush Fire Brigades of the City of Busselton.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, Volunteer Bush Fire Brigades of the City of Busselton, and the members of those brigades will conduct themselves in a manner that is worthy of the respect of the community in acknowledgement of their dedication to community values and safety.

 

POLICY CONTENT

 

1. Code of Conduct

The City of Busselton has established Volunteer Bush Fire brigades pursuant to the powers enabling the City contained in Section 41 of the Bush Fires Act 1954.

 

As members of Volunteer Bush Fire Brigades established under the Act, members of the brigade are officers of the City and as such are expected at all times to conduct themselves in a manner that is

1.    consistent with the best interests of the brigade,

2.    is in line with the organisational chain of command for both fire fighting and brigade activities, and

3.    does not in any way bring discredit to either the brigade, it’s members or the City.

 

To this end, the City of Busselton has adopted the  Code of Conduct for Volunteer Bush Fire Fighters. Members of Brigades are required to commit to the standards of the Code and be governed by the Code.

 

Any person who is a member of a Brigade, when acting in that capacity shall:

Act with reasonable care and diligence;

Act with honesty and integrity;

Act lawfully;

Avoid damage to the reputation of the local government;

Be open and accountable;

Base decisions on relevant and factually correct information;

Treat others with respect and fairness;

Not be impaired by mind affecting substances.

Fulfil their public and professional duties in a manner that is ethical, impartial, objective and responsible;

Not use or attempt to use their positions for personal benefit or the personal benefit of others, either by influencing others, the improper use of information gained in the performance of their duties, or otherwise;

Understand and be mindful of their role, responsibilities, empowerment and limitations and act within those parameters

Refrain from making allegations which are improper or derogatory, unless true, in the public interest and in an appropriate forum;

Refrain from any form of conduct in the performance of their official or professional duties which may cause any reasonable person unwarranted offence or embarrassment.

 

2 Brigade Objectives

 

The Brigade shall undertake the following objectives—

(a) provide timely, efficient and effective emergency services;

(b) minimise the impact of emergencies on the community;

(c) work with the community to increase bush fire awareness and fire prevention;

(d) ensure that active Members’ training requirements are maintained and documented to meet City of Busselton and DFES standards

(e) ensure all operational equipment is serviceable and available for emergencies;

(f) provide an environment where every individual is treated with respect, and which is free from discrimination or harassment;

(g) uphold the City of Busselton’s Policy - Code of Conduct; brigade Objective and Values; and

(h) service the needs of the community and work cohesively with other agencies.

 

3 Brigade Values

 

(1) Members are to adopt the Brigade values at all times when representing the Brigade in accordance with the Code of Conduct as in Clause 3.

 

(2) The Brigade values include—

(a) Put the community first;

(b) Act with integrity and honesty;

(c) Work together as a committed team;

(d) Strive to keep ourselves and others safe;

(e) Respect and value the contribution of others;

(f) Have open and honest two way communication; and

(g) Continuously develop our skills to improve our service to the community.

 

Policy Reference No. – 015

Owner Unit – Ranger and Emergency Services

Originator - Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

 

 

Note: The Committee made a minor change to the Grievance Process and Disciplinary Action Policy to clarify the process if a grievance involves a Chairman or CBFCO.

COMMITTEE RECOMMENDATION

 

That in accordance with the Bush Fires Act 1954, the Council adopts the following policies for the management of Bush Fire Brigades:

 

Policy Grievance Process and Disciplinary Action

 

 

Policy Grievance Process and Disciplinary Action

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish an environment where members of Volunteer Bush Fire brigades of the City of Busselton can expect to be treated equally and with respect.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, Volunteer Bush Fire Brigades of the City of Busselton shall operate in a manner that affords respect to all brigade members and provides for a fair process for dealing with grievances within the brigade.

 

POLICY CONTENT

 

1. Grievance Process / Disciplinary Action

(1) All Brigades, through their management and members shall commit to providing an environment in which all persons can expect to be treated equally and with respect.

 

(2) All members upon joining a brigade shall be provided with a copy of this Policy as part of their induction into the brigade.

 

(3) A grievance is any serious allegation, dispute or claim, arising during any training or activity involving the brigade, in relation to an act committed by a member. Examples that may be considered a grievance include acts that—

(a) constitute a breach of the Rules that may be from time to time be formed by a brigade,

(b) contravene the values of the Rules or the Code of Conduct Policy,

(c) bring the brigade, the City of Busselton Volunteer Bush Fire Service, and or the City of Busselton into disrepute;

(d) contravenes any reasonable direction given by the brigade’s Fire Control Officer, Captain or the delegated authority of the committee of the Brigade;

(e)shows disregard for brigade regulations, City of Busselton policies or procedures;

(f) jeopardises the safety of the member or others; and/or

(g) results in the member being convicted of an offence for which an offender may be imprisoned.

 

(4) Where a grievance arises, an investigation must be conducted by the Chairman of the Brigade and the CBFCO if necessary, or the CBFCO if the grievance involves the Chairman, or by the Chief Executive Officer or their nominee if the grievance involves the CBFCO.

 

(5) During the investigation it may be determined that the member be suspended from all or part of brigade activities, subject to the CBFCO’s approval. If a member is to be suspended during the investigation the CBFCO shall notify the member in writing or email of the terms of the suspension, including the reason for the suspension and the time period. The time period for suspension during an investigation, should not exceed three (3) consecutive months.

 

When an investigation is completed a report will be provided by the investigating officer to the CBFCO outlining the process of the investigation, the conclusions drawn and any recommended action.

 

(6) Disciplinary action in relation to the member may include—

(a) suspension of membership;

(b) termination of membership; or

(c) any other reasonable disciplinary action as determined by the Brigade Executive Committee in consultation with the CBFCO.

 

(7) If a disciplinary suspension is imposed, the CBFCO must notify the member in writing or email that they are suspended, including the suspension period and reason for suspension. Suspension may be from complete or specific brigade duties and activities.

 

(8) The period of disciplinary suspension shall be determined by the CBFCO in consultation with the Chairman and the Brigade Executive Committee.

 

(9) On completion of the suspension period the member may be required to undertake refresher training before resuming active fire fighting duties which will be supervised and or acknowledged by the Captain.

 

(10) If a membership is to be terminated, the Chairman with the approval of the CBFCO will notify the member in writing or email, and provide a reason for termination.

 

(11) Where a membership is terminated, all property owned by the local government shall be returned to the local government within fourteen (14) days of giving notice. Failure to meet these conditions may require the local government to seek reimbursement of costs against the member.

 

2 Termination by the Member

(1) A member can decide to resign from brigade activities and terminate their membership by providing written notification to the Brigade Executive Committee.

 

(2) Where a member resigns, all property owned by the local government shall be returned to the local government within fourteen (14) days of giving notice. Failure to meet these conditions may result in the local government to seeking reimbursement of costs against the member.

 

3 Rights of a Volunteer Member

(1) A member shall not be suspended or dismissed from any brigade duty without an opportunity to defend the allegation.

 

(2) Any member may lodge a written objection to the CBFCO should they consider they have been unfairly dealt with by the Brigade Executive Committee.

 

(3) The CBFCO shall consider the objection and deal with it in consultation with the Brigade Executive Committee. This may include either—

(a) dismissing the objection;

(b) varying the decision;

(c) revoking the original decision;

(i) imposing an independent decision; or

(ii) referring the matter back to the Brigade Executive Committee to reconsider the decision.

 

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator - Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

 

Policy Meetings of the Brigade

 

08

Policy Meetings of the Brigade

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to provide a structure for the conduct of meetings of Volunteer Bush Fire Brigades to assist the operation of the Brigade and any Committee that the brigade may establish.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, meetings of Volunteer Bush Fire Brigades of the City of Busselton shall be held in a manner that is open to respected principles of inclusion and accountability.

 

POLICY CONTENT

 

 

Part 1 -Meetings of the Brigade

1 Ordinary meetings

(1) The brigade may at any time call an Ordinary Meeting of its members.

 

(2) The brigade shall hold a minimum of one (1) Ordinary Meeting between 1 July and 30 June each year or as they deem necessary.

 

(3) A quorum for an Ordinary Meeting shall comprise not less than 25% of the eligible voting members of the Brigade.

 

2 Annual General Meeting (AGM)

(1) The brigade shall hold an AGM in the month of May each calendar year.

 

(2) A quorum for the AGM shall comprise not less than 25% of the eligible voting members of the Brigade.

 

(3) A report may be presented to the membership by a Brigade Executive Committee Office Bearer

 

(4) At this meeting all Brigade Executive Committee and Brigade Officer positions will be declared vacant.

 

(5) All equipment and documentation relevant to each position is to be made available for auditing at the AGM.

 

(6) The Chairman or proxy will act as returning officer during the election of the new Brigade Executive Committee and brigade officer positions.

 

(7) The incoming Brigade Executive Committee will assume the positions at the close of the AGM.

 

(8) Any outgoing Brigade Executive Committee Member is to conduct a handover to the new incumbent.

 

(9) All minutes of the AGM including financial statements are to be lodged with Executive Officer of the Bush Fire Advisory Committee for the information of the local government within a period no later than twenty-one (21) days after the AGM.

 

3 Special Meeting

(1) The Chairman may at any time convene a special meeting of the brigade.

 

(2) The Secretary of the brigade must convene a special meeting when a written request is made by not less than ten (10) or fifty (50) percent (whichever is least) active members of the brigade?

 

(3) The names of the members requesting the special meeting are to be recorded in the notice of meeting submitted to members and the minutes of the meeting.

 

(4) A quorum for a Special Meeting shall comprise not less than 25% of the eligible voting members of the Brigade.

 

4 Notice of a Meeting

(1) Notice of any Special Meeting of the brigade, must be given to all members of the brigade eligible to vote at least seventy two (72) hours before the commencement of the meeting.

 

(2) Notice of the AGM of the brigade must be given to all members of the brigade eligible to vote, as well as the CBFCO, at least thirty (30) days before the commencement of the meeting.

 

(3) Notice of any Ordinary Meeting of the brigade must be given to all members of the brigade eligible to vote, as well as the CBFCO, at least seven (7) days before the commencement of the meeting.

 

(4) Notice of an Ordinary Meeting, Special Meeting or AGM—

(a) must be given by the Secretary;

(b) may be given by written notice to each member—

(i) Personally, by post or electronic email; or

(ii) By a notice published in a newspaper circulating in the area of the brigade;

(c) must set out the date, time, and venue of the meeting;

(d) must be signed by the Secretary or, in the case of a special meeting, by the person convening the meeting; and

(e) must set out an agenda for the meeting.

 

5 Quorum

No formal business is to be transacted at a meeting of the brigade unless a quorum of members is present.

 

6 Voting

(1) Each Active and Auxiliary Member shall be entitled to one (1) vote.

 

 (2) In the event of an equality of votes, the Chairman may exercise the deciding vote.

 

(3) Votes may be counted by either—

(a) formal secret ballot; or

(b) informal show of hands.

 

(4) The form of voting in (3) above shall be determined by a simple majority of members present at the meeting.

 

(5) A member is not deemed to be active and is unable to cast a vote at any meeting of the brigade, unless all requirements in regards to brigade training and activities as set out under section 4.7 have been satisfied.

 

7 Procedure at Meetings

Meeting procedures and protocols are to be in accordance with the brigade’s meeting procedures and protocol guidelines.

 

Part 2—Committee

1 Meetings

(1) Each brigade shall have a Brigade Executive Committee. The Brigade Executive Committee shall meet each calendar month or as required.

 

(2) Any functions of the brigade may be delegated to the Brigade Executive Committee provided that a motion approving of the delegation has been carried at either an Ordinary Meeting or AGM.

 

(3) The Brigade Executive Committee shall consist of the following Office Bearers—

(a) Chairman

(b) Secretary

(c) Treasurer

(d) FCO's

(e) Captain

(f) Other Office Bearers

(g) A Bush Fire Ready Coordinator Representative where this organisation exists and the representative is a member of the Brigade.

 

(4) The Brigade Executive Committee will be responsible for the management and administration of the brigade. The brigade officers are responsible for all operational requirements of the brigade.

 

(5) A motion carried by the vote of a majority of those present at a Brigade Executive Committee meeting shall be accepted as the decision of the Brigade Executive Committee.

 

(6) Each Brigade Executive Committee Member present at a meeting of the Brigade Executive Committee shall be entitled to one (1) vote. In the event of an equality of votes the Chairman will be entitled to a second or casting vote.

 

(7) The Secretary must keep accurate minutes of the meeting

 

(8) Minutes of these meetings shall be made available to members of the brigade.

 

(9) The term of all elected positions on the Brigade Executive Committee shall expire at the completion of the next AGM of the brigade.

 

Part 3—Brigade Elections

1 Nomination of Candidates for Brigade Elections

(1) Any person accepting a nomination for a Brigade Executive Committee position must be competent and qualified to perform the duties and responsibilities of that position.

 

(2) The Secretary shall advise the Chairman of the brigade at the general meeting prior to the AGM that nominations are required to be presented at the AGM.

 

(3) A person can only be nominated by an Active Member.

 

(4) A nomination must be endorsed by a second Active Member filling out a Nomination Form in the form of Schedule 1 attached.

 

(5) Each member is only entitled to nominate one (1) person per position.

 

(6) A nomination may be made—

(a) in writing or email to be received by the Chairman before the official close of nominations; or

(b) verbally at a general meeting prior to the AGM.

 

(7) Nominees must sign or indicate acceptance of nomination.

 

(8) Nominees for operational Brigade Officer positions must meet the minimum requirements for training as set out under section 3 of these Rules.

 

(9) Nominees for Brigade Officer positions must accept all requirements imposed by the Local Government, the brigade or legislation.

 

(10) The Brigade Executive Committee will assist and mentor new Brigade Officers in their new roles.

 

(11) The CBFCO or a proxy may act in the position as returning officer during the election of office bearers at the AGM if requested by the brigade.

 

2 Conduct of Elections

(1) Positions shall be determined by vote in accordance with the following order:

 

Order

Officer

Term

1

Chairman

1 year

2

Secretary

1 year

3

Treasurer

1 year

4

FCO Nominations

1 year

5

Captain

1 year

6

Lieutenants

1 year

7

Training Officer

1 year

8

Equipment Officer

1 year

9

Other

1 year

 

(2) Any additional positions to the Brigade Executive Committee or the Brigade are to be elected in accordance with Brigade standard meeting procedures.

 

(3) Any appointment to the office of Bush Fire Control Officer shall not have effect until the nomination has been considered by the Bush Fire Advisory Committee and the appointment has been approved by the local government.

 

3 Absentee Votes

(1) Where a member of the Brigade or the Brigade Executive Committee is not able to be present to cast their vote in person, that member may cast an absent vote.

 

(2) An absent vote shall be cast by the member in writing or email and be received by the brigade secretary prior to the voting on any matter before the meeting.

 

(3) The absent vote shall contain the name of the person casting the vote and some verification of authenticity of the vote (ie signature or email address if voting by email).

 

7.4 Supplementary Elections

Where a supplementary election must be held due to a vacancy in a position as a result of an early resignation or other reason, the Brigade Executive Committee, by majority vote, will appoint a consenting Active Member for the remaining term of the vacant position.

 


Schedule 1

NOMINATION FORM

(Part 3 – Brigade Elections - Clause 1(4))

(Name of Brigade) Volunteer Bush Fire Brigade

 

I……………………………………….……………………………………………………as an active member of the ………………………………………Volunteer Bush Fire Brigade hereby nominate for the position of (please tick √)–

 

Fire Control Officers

Lieutenant

Captain

Chairman

Secretary

Treasurer

Training Officer

Equipment/Comms Officer

First Aid Officer

Station/Callout Attendant

 

(If nominating for more than one position, separate forms are required)

 

I ............................................................................................................................... as an active member of …………………………………….............. Volunteer Bush Fire Brigade hereby endorse the above nomination.

 

 

Signed _____________________________ Date ____________________

 

Full name of Nominee: ................................................................................................................................. .

Address: .....................................................................................................................................................

Contact Details—

Home: …………………………………………..

Mobile: …………………………………………..

E-mail: …………………………………………..

DFES Identification Number: ………………….

I certify that I have read and understand the duties and responsibilities for the position I have been nominated as specified under the Volunteer Bush Fire Brigade Rules and that I have currency in all the competencies required. I understand that if I do not have currency in all the competencies required I can still be nominated subject to the approval of the CBFCO. Such approval may be conditional on further training or other arrangements as deemed necessary.

 

_________________________                  ______________________

Signature                                                             Date

Received by Secretary/Returning Officer—

 

____________________________           _____________

Signature                                                             Date

 


 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator – Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Policy Membership

 

08

Policy Membership

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish the classifications of membership within Bush Fire brigades of the City of Busselton and provide for the integration of new members into the brigade.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, persons seeking to become members of Volunteer Bush Fire Brigades of the City of Busselton shall have an understanding of the commitment expected of a brigade member so that they may contribute in a manner that enhances their experience and value as a member of the brigade.

 

POLICY CONTENT

 

1 New Membership Application

(1) A new member is to complete a DFES volunteer nomination form and accept the conditions for membership.

 

(2) A minimum of two (2) Brigade Executive Committee members, including the Captain, should decide whether to recommend the application to the Senior FCO.

 

(3) At the meeting of the Committee, the brigade Office Bearers may-

(a) Accept Application

(b) Defer the Application for further consideration or:

(c) Refer the application to the Senior FCO for consideration

 

2 Dual Membership

(1) A member may be a member of another local government brigade.

 

(2) A member may not be a member of another brigade within the local government unless they have the written permission of the Senior FCO’s of the brigades concerned. This permission may be conditional.

 

3 Categories of Membership

The categories of membership shall be—

(a) Fire Fighters;

(b) Management Support;

(c) Auxiliary Members;

(d) Cadets, and

(e) Associates.

 

4 Training

(1) A new member is required to complete the necessary Fire Fighter Training Courses as required by the local government prior to commencing active and unsupervised Fire Fighter duties.

 

(2) Competency in these Training Courses shall be the minimum acceptable standard required for a Fire Fighter to perform active and unsupervised fire fighting duties. Currently this includes Induction, Introduction to Fire Fighting and Bush Fire Fighting training Courses.

 

(3) Members must comply with the legislative requirements of the—

(a) Bush Fires Act 1954 (WA);

(b) FESA Act 1998 (WA); and

(c) Equal Opportunity Act 1984 (WA).

 

(4) Members must act within the—

(a) Local guidelines;

(b) Brigade’s local policies;

(c) Code of Conduct Policy,

(d) Competency and commitment requirements for an active volunteer Fire Fighter or Operation and Management Support roles as required by the CBFCO; and

(e) Westplan Bushfire.

 

(5) Members must maintain currency of the appropriate licenses to be able to operate brigade vehicles. Any traffic offence that results in a suspension or loss of license must be reported to the Captain, the FCO and CBFCO and the member must comply with the terms of their suspension.

 

5 Decision on Application Membership

(1) The Chairman of the brigade must contact the applicant in writing or email within fourteen (14) days of a final decision by the brigade or the CBFCO.

 

(2) The applicant has the right to appeal the decision of the Brigade Executive Committee. The appeal shall be in writing or email addressed to the Senior FCO and Chairman.

 

6 Induction

All new members shall be—

(a) introduced to brigade members and shown all brigade facilities during induction;

(b) instructed about any safety requirements;

(c) made aware of brigade duties and responsibilities;

(d) provided with a mentor/s until such time as they are familiar with Normal Brigade Activities;

(e) provided with a copy of the Code of Conduct Policy, and

(f) made aware of City of Busselton and local brigade guidelines and policies if any exist within that brigade.

 

7 Membership Requirements (Brigade Commitments)

(1) Members are required to maintain currency in brigade activities and training to be deemed as an Active Member and or be granted special considerations due to extenuating circumstances.

 

(2) Brigade Activities—

(a) During the Fire Season members are required to attend a minimum of one (1) brigade ordinary meeting or other brigade activity or incident.

(b) During the Non-Fire Season members are required to attend a minimum of one (1) brigade ordinary meeting or other brigade activity or incident.

 

(3) Brigade Training—

(a) During the Fire Season members are required to attend and participate at a minimum of one (1) brigade training activity or incident.

(b) During the Non-Fire Season members are required to attend and participate at a minimum of one (1) brigade training activity or incident.

 

(4) If extenuating circumstances apply that a member is unable to meet brigade commitments, it shall be the responsibility of the member to notify the Brigade Executive Committee, in writing or email to advise of the circumstance, and the Brigade Executive Committee will acknowledge in writing or email any special considerations to the member.

 

(5) The Training Officer should endeavour to make alternative arrangements for the member to meet the requirements wherever possible.

 

8 Failure to Comply with Commitments

(1) Should an active member of a brigade fail to comply with section 7, correspondence will be forwarded to the member requesting contact be made with the brigade to indicate the intentions of the member’s status.

 

(2) The Brigade Member may—

(a) respond to the correspondence providing a reasonable explanation and request for alternative arrangements to be made for training or meeting obligations.

(b) request in writing or email for Leave of Absence from brigade commitments due to personal circumstances.

(c) terminate their membership.

 

(3) If a member fails to respond to the correspondence Under section 8 within fourteen (14) days a subsequent letter will be forwarded putting the member on final notice. Should a member fail to acknowledge the final notice within fourteen (14) days, the membership shall be terminated, to take effect from the date of the final notice.

 

9 Change of Members Details

The local government and DFES are to be notified of any change of personal details of a member. The brigade will complete a DFES volunteer application form and forward it to the Local Government representative and DFES within fourteen (14) days of the change.

 

10 Leave of Absence

(1) A member may at any time request a Leave of Absence from all brigade commitments for a period not to exceed twelve (12) consecutive months.

 

(2) The application should be made in writing or email and addressed to the Captain. Copy to Brigade FCO’s.

 

(3) On completion of the Leave of Absence period the member must complete a Membership Update Form if deemed necessary providing any change of details and forward to the Captain and FCO’s.

 

(4) On completion of the Leave of Absence period the member must undertake any refresher training required before resuming active fire fighting duties. If the request for Leave of Absence is for a medical condition the member must provide confirmation of fitness to the satisfaction of the CBFCO to be able to resume active duties.


 

 

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator – Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency -

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Policy Qualifications of Brigade Officers

 

08

Policy Qualifications of Brigade Officers

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to establish the qualifications required of persons seeking to hold office within Volunteer Bush Fire Brigades of the City of Busselton; either in an operational or administrative capacity.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, member of Volunteer Bush Fire Brigades of the City of Busselton shall be informed in advance of required training and qualifications required of Brigade Officers. This will enable members aspiring to become brigade Officers to plan a training pathway to obtain the necessary qualifications.

 

This Policy will also serve to provide direction to the brigade Training Officer on appropriate training that will support a member’s brigade aspirations.

 

POLICY CONTENT

 

Duties and Responsibilities of Brigade Office Bearers

The Office Bearers of the brigade should be able to demonstrate current competencies for the position of office they are nominated for, or give an undertaking to complete any training requirements prior to accepting the nomination or undertaking the duties and responsibilities of the said position.

 

Nominations are subject to the approval of the Senior FCO. Such approval may be conditional on the nominee undertaking further training or other necessary arrangements to satisfy the competency requirements.

 

The following are to be adopted as guidelines and where competencies names may vary from time to time the member may have an alternative appropriate competency.

 

1 Captain

(1) The Captain of the brigade shall be responsible for the leadership and management of brigade operations in liaison with Fire Control Officers.

 

(2) A member wishing to be appointed to the position of Captain of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting and/or support experience

Minimum 3 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

Structural Fire fighting

 

Competent

AIIMS Awareness

 

Competent

 

2 Fire Control Officer (FCO)

(1) A FCO is a delegated representative of the local government responsible for the administration of provisions within the Act. The position is required to perform active operational duties in relation to both fire defence and fire prevention strategies within the local community.

 

(2) A member wishing to be appointed to the position of Fire Control Office of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting experience

Minimum 4 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

Structural Fire fighting

 

Competent

AIIMS Awareness

 

Competent

Fire Control Officer

 

Competent

 

3 Lieutenant

(1) The Lieutenant of a brigade is responsible for the operational management of members during brigade activities. The position is required to provide operational support to the Captain in managing the brigade. The position reports to the Captain on all matters relevant to the functioning of the Brigade and/or personnel they are supervising.

 

(2) A member wishing to be appointed to the position of Lieutenant of the brigade shall meet the following combination of technical qualification and experience:

 

Qualifications

Experience

Competency Required

Fire fighting experience

Minimum 3 years

Competent

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

Sector Commander

 

Competent

 

4 Fire Fighter

A Fire Fighter is an active member of the brigade who, when engaging in Brigade operational matters shall act in accordance with the instructions of senior brigade officers.

 

A member shall be a competent fire fighter before being engaged on wildfire suppression duties.

 

The minimum qualifications for a person to be considered competent are as follows:

Qualifications

Experience

Competency Required

Induction

 

Competent

Introduction to Fire fighting

 

Competent

Bush Fire Fighting

 

Competent

 

5 Chairman

The Chairman of the Brigade is elected to preside over all brigade meetings and promote open fair discussion during debate in relation to brigade matters.

 

The occupant of the position of Chairman is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The Chairman must have:

(a) Sound understanding of meeting procedures; and

(b) Demonstrated ability to conduct and manage meetings.

 

6 Secretary

The Secretary is to record and manage administrational matters of the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The occupant of the position of Secretary must have:

(a) Demonstrated ability to take minutes;

(b) Demonstrated record keeping and filing skills;

(c) An understanding of meeting procedure; and

(d) Developing computer skills.

 

7 Treasurer

The role of the Treasurer is to manage and report on all financial matters relevant to the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

The occupant of the position of Treasurer must have:

(a) Knowledge and understanding of accounting principles; and

(b) Developing computer skills.

 

8 Brigade Training Officer

(1) The Brigade Training Officer is responsible for the management and co-ordination of brigade training in conjunction with the Local Government Training Coordinator, including the documentation of these activities. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

(2) Duties and Responsibilities of the Brigade Training Officer may include—

(a) Ensure brigade members maintain necessary skill levels equivalent to the competency standards required by the local government and as recommended by DFES;

(b) Endeavour to ensure regular training sessions are conducted within the brigade to maintain currency of qualifications and skills;

(c) Maintain accurate records of training undertaken by members and ensure that qualification and training updates are forwarded to the Local Government Training Coordinator as required;

(d) Provide mentoring for members who express an interest in training to encourage future facilitators.

(e) Liaise with Captain and FCO's on training operations

 

9 Brigade Equipment Officer

The Brigade Equipment Officer is not required to perform active operational duties but needs to be able to demonstrate a degree of knowledge of brigade equipment.

 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator - Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy - Roles of Brigade Officers

 

08

Draft Policy Roles of Brigade Officers

V1 Current

 

PURPOSE

 

Objective

 

The purpose of this policy is to establish the roles of persons appointed as officers of Volunteer Bush Fire Brigades of the City of Busselton.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, officers of Volunteer Bush Fire Brigades of the City of Busselton, shall have a clear understanding of the extent of their authority and how their role will contribute to the strong management and operations of the brigade.

 

POLICY CONTENT

 

Roles and Responsibilities of Brigade Office Bearers

 

Office bearers of a brigade shall perform the following roles:

 

1 Captain

(1) The Captain of the brigade shall be responsible for the leadership and management of brigade operations in liaison with Fire Control Officers.

 

(2) As a role model and mentor for members, the Captain should always act with integrity and consider each member equally. All decisions should be in the interest of the Brigade and its members.

 

(3) The position reports to the FCO's and the CBFCO on brigade related matters.

 

(4) Duties and responsibilities of the Captain include—

(a) Demonstrate positive leadership and mentor members;

(b) If the Captain is the senior officer at an incident;

(i) command, control and confidently manage activities at emergency incidents

(ii) to ensure incident control systems and management principles are implemented and maintained during all emergency incidents if required;

(iii) maintain some form of personal incident diary with a record of events and decisions that occur at an incident;

(iv) conduct Brigade briefings and post incident analysis of any incident involving fire fighting, incident support or management issues;

(v) ensure members deployed for operational duties have the competencies to complete the task or duty assigned and hold currency in training to carry out the functions required, in accordance with training recommendations;

(vi) to undertake responsibility for the proper management and maintenance of Brigade property and equipment to the best of their ability;

(vii) ensure conduct of members is in accordance with the Code of Conduct, and

(viii) report any injuries of personnel or damage to fire fighting vehicles or equipment immediately to the FCO and the CBFCO.

 

(5) In the absence of the Captain, the next senior officer of the brigade has authority to exercise the powers of the Act delegated to the Captain (Part IV Section 44(1)).

 

2 Fire Control Officer (FCO)

(1) A FCO is a delegated representative of the local government responsible for the administration of provisions within the Act. The position is required to perform active operational duties in relation to both fire defence and fire prevention strategies within the local community.

 

(2) A member of the Brigade may be nominated for this position at the Brigade AGM.

 

(3) Fire Control Officers are nominated by the brigade to the Bush Fire Advisory Committee. The nomination is considered by BFAC and the CBFCO and if appropriate it is forwarded to the local government for its consideration and ratification.

 

(4) Duties and responsibilities of the FCO include—

(a) authorise permits for hazard reduction burns within the local government in accordance with the Act;

(b) identify and conduct risk assessments of fire hazards within the local government;

(c) perform duties prescribed by the Act and authorised by the local government;

(d) may take overall control of fire suppression activities or operational incidents where the local government is the Controlling Agency;

(e) maintain a personal incident diary to include a record of events and decisions during an incident;

(f) conduct brigade briefings and post incident analysis of any incident involving fire fighting or management issues.

(g) Provide advice and guidance and assist in Brigade management to effect improvements to fire management in the area.

(h) carry out normal brigade activities

(i) ensure conduct of members is in accordance with the Code of Conduct.

 

3 Lieutenant

(1) The Lieutenant of a brigade is responsible for the operational management of members during brigade activities. The position is required to provide operational support to the Captain in managing the brigade. The position reports to the Captain on all matters relevant to the functioning of the Brigade and/or personnel they are supervising.

 

(2) The Brigade should appoint a minimum of two (2) Lieutenants. Additional Lieutenants may be appointed according to the needs of the Brigade. If operational circumstances require the number of Lieutenants for a brigade to be more than four (4), as decided by the Brigade Executive Committee, a request is to be submitted in writing or email to the CBFCO for endorsement.

 

(3) The brigade must rank all Lieutenants numerically according to seniority including length of service and relevant skills.

 

(4) Duties and responsibilities of a Lieutenant include—

(a) provide support to the Captain and assist with the operational management of the brigade;

(b) in the absence of the Captain administer all powers and responsibilities of the Act (Part IV Section 44(1));

(c) command and manage members during emergencies and other brigade related incidents and activities;

(d) maintain a personal incident diary with a record of events that occur during all incidents if assuming the role of the most Senior Officer;

(e) in the absence of a more Senior Officer, conduct brigade briefings and post incident analysis of any incident involving fire fighting or management issues;

(f) encourage positive interaction and teamwork between members;

(g) ensure Bush Fire Operating Procedures are adhered to at brigade activities;

(h) to endeavour to ensure active members engaged in brigade activities are allocated tasks relevant to their competencies;

(i) work cohesively with the Brigade Training Officer to conduct training activities for active members;

(j) to ensure the behaviour of members is in accordance with the Code of Conduct.

 

3.4 Chairman

(1) The Chairman of the Brigade shall be elected at the Annual General Meeting of the Brigade, or a Special Meeting of the Brigade held for that purpose.

 

(2) The Chairman shall be elected by a majority of the members present at the meeting, subject to sufficient members of the meeting being present to constitute a quorum.

 

(3) The occupant of the position of Chairman is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

(4) The position reports to the Captain and FCO's on administrative matters pertinent to the brigade. In the absence of the Chairman, the members of the Brigade present shall elect one of the members present to deputise as Chairman for the duration of that meeting.

 

(5) The Chairman shall perform the following functions—

(a) preside over all brigade meetings;

(b) ensure meeting procedure and protocol is maintained;

(c) promote the aims and objectives of the brigade where possible;

(d) advise the brigade on administrative matters;

(e) report brigade matters to the Captain and FCO's;

(f) promote open fair discussion during debate in relation to brigade matters; and

(g) ensure minutes of meetings are signed and dated by the Chairman.

 

5 Secretary

(1) The Secretary is to record and manage administrational matters of the brigade. The position is not required to perform active operational duties and may be inclusive to an additional position held within the brigade.

 

(2) The position reports to the Chairman on administration matters relevant to the brigade. This position may be held in conjunction with the Treasurer position.

 

(3) The Secretary shall perform the following functions—

(a) Ensure members receive notification of brigade meetings in accordance with Council Policy – Meetings of Brigades,

(b) Where deemed appropriate, prepare an agenda for brigade meetings and distribute to members prior to meetings;

(c) Ensure minutes of brigade meetings are recorded and where ever possible, distributed to all members prior to next meeting;

(d) Document and record all brigade correspondence;

(e) Ensure brigade information is disseminated to all listed members;

(f) Make available circulars and other information to members;

(g) Work cohesively with local government management and administration staff on matters relevant to brigade administration.

(h) Maintain a register of Brigade Members

 

6 Treasurer

(1) The role of the Treasurer is to manage and report on all financial matters relevant to the brigade. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

(2)The position reports to the Chairman on financial matters relevant to the brigade. This position may be held in conjunction with the Secretary position.

 

(3) The Treasurer shall perform the following functions—

(a) Manage financial affairs including budgets of the brigade;

(b) Maintain brigade financial records and provide detailed reports of income and expenditure at meetings;

(c) Work cohesively with the City of Busselton on matters pertinent to brigade financial matters, including providing copies of financial statements when requested.

 

 

7 Brigade Training Officer

(1) The Brigade Training Officer is responsible for the management and co-ordination of brigade training in conjunction with the Local Government Training Coordinator, including the documentation of these activities. The position is not required to perform active operational duties and may be inclusive to an operational position held within the brigade.

 

The Office is expected to maintain a sound knowledge of the Competencies required by members.

 

(2) Duties and Responsibilities of the Brigade Training Officer may include—

(a) Ensure brigade members maintain necessary skill levels equivalent to the competency standards required by the local government and as recommended by DFES;

(b) Endeavour to ensure regular training sessions are conducted within the brigade to maintain currency of qualifications and skills;

(c) Maintain accurate records of training undertaken by members and ensure that qualification and training updates are forwarded to the Local Government Training Coordinator as required;

(d) Provide mentoring for members who express an interest in training to encourage future facilitators.

(e) Liaise with Captain and FCO's on training operations.

 

8 Brigade Equipment Officer

(1) The role of the Brigade Equipment Officer is to manage brigade property, fleet vehicles, general equipment and stock levels of personal protective equipment. The position is not required to perform active operational duties but may be able to demonstrate a degree of knowledge of brigade equipment. The position may be inclusive to an operational position held within the brigade.

 

(2) The equipment officer shall perform the following functions—

(a) Manage brigade equipment and maintain a register of all assets;

(b) Coordinate and record maintenance of brigade equipment;

(c) Report all damage of brigade equipment or property to the FCO's and Captain immediately;

(d) Manage brigade requests for replacement items and equipment; and

(e) Compile documentation of replacement items and submit to the Captain and FCO's and CBFCO.

 

Policy Reference No. –

Owner Unit – Ranger and Emergency Services

Originator – Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy Brigade Accounting

 

08

Draft Policy Brigade Accounting

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to ensure that the financial affairs of Bush Fire Brigades of the City of Busselton are conducted in a manner that will ensure accountability of community funds.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, the City of Busselton seeks to ensure that the financial affairs of volunteer bush fire brigades are managed in a manner that will ensure that brigade and community members can be satisfied that any funds held by the brigade are properly accounted for, and are used for the purposes for which they were raised.

 

POLICY CONTENT

 

1 Accounts at Financial Institutions

(1) The brigade must disclose where brigade account(s) are to be held for the ensuing Financial Year at each AGM and record this information within the minutes of the AGM.

 

(2) The brigade must have three (3) Brigade Executive Committee Members to act as signatories for the brigade accounts each Financial Year.

 

(3) A minimum of two (2) signatures is required on any brigade account cheque or bank transaction form.

 

(4) All brigade purchases are to be approved by the Brigade Executive Committee.

 

(5) All accounts raised, works undertaken or goods to be purchased by the brigade must be authorised in advance by the Brigade Executive Committee.

 

(6) All accounts raised, works undertaken or goods to be purchased need to be ratified by the brigade at the next Ordinary Meeting.

 

(7) All funds raised by the brigade are to be used for the purpose of improving the profile and operation of the brigade and its members.

 

(8) All payments issued must be accompanied by the appropriate documentation (invoice or monthly account).

 

(9) All money received by the brigade or by a member on behalf of the brigade must be recorded in the brigade financial records.

 

2 Financial Reports

(1)  The Treasurer must, at each AGM, present a financial report for the previous 12-month period or since the last AGM.

 

(2) The financial report must include—

(a) a Statement of Receipts and Payments;

(b) a Bank Reconciliation Statement;

(c) notes detailing any outstanding receipts or payments; and

(d) an Inventory of Assets held by the brigade.

 

3) The financial report will be forwarded to the Executive Officer of the Bush Fire Advisory Committee for the information of the local government

 

(4)The City shall have the option to re/view the financial statement of any brigade if it considers it is necessary, and may undertake an audit if required by the Chief Executive Officer

 

3 Rules for Deductible Gift Recipient Funds

(1) If a Volunteer Bush Fire Brigade establishes a Fire and Emergency Public Fund, the fund called the “(insert Brigade name) Volunteer Bush Fire Brigade Public Fund” is to be governed by this policy.

(2) The object of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund is to solicit and receive gifts from the public solely for the purpose of supporting the volunteer-based emergency service activities of the (insert Brigade name) Volunteer Bush Fire Brigade.

(3) The (insert Brigade name) Volunteer Bush Fire Brigade must maintain the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund as a ‘gift fund’ to receive and record all of the following:

a) gifts of money or property;

b) deductible contributions described in item 7 and 8 of the table in section 30-15 of the Income Tax Assessment Act 1997 in relation to a fund-raising event held for that purpose;

c) money received because of such gifts and contributions.

 

(4) The public fund is not to receive any other money or property.

 

(5). All receipts for gifts must include all of the following:

a) be issued in the name of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund;

b) state that the receipt is for a gift;

c) state the (insert Brigade name) Volunteer Bush Fire Brigade’s ABN.

 

(6). The (insert Brigade name) Volunteer Bush Fire Brigade may invite the public to donate to the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund.

(7). A Brigade Executive Committee of management of no fewer than three persons will be appointed by the (insert Brigade name) Volunteer Bush Fire Brigade to administer the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund. A majority of the members of the Brigade Executive committee of management are required to be persons having a degree of responsibility to the general community by reason of their occupation or standing in the community.

(8) The (insert Brigade name) Volunteer Bush Fire Brigade Public Fund (Fund) shall operate on a non-profit basis. No portion of the assets or income of the Fund will be distributed directly or indirectly to members of (insert Brigade name) Volunteer Bush Fire Brigade or the Fund’s management Brigade Executive committee apart from bona fide compensation for services rendered or expenses incurred on behalf of the Fund.

(9) If the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund is wound up or if the endorsement of the (insert Brigade name) Volunteer Bush Fire Brigade as a deductible gift recipient for the operation of the Fund is revoked, any surplus assets of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund remaining after the payment of liabilities attributable to it, shall be transferred to a fund, authority or institution which has similar objects and to which income tax deductible gifts can be made.

(10). (insert Brigade name) Volunteer Bush Fire Brigade must notify the Australian Taxation Office in writing or email if it is no longer entitled to be endorsed for the operation of the (insert Brigade name) Volunteer Bush Fire Brigade Public Fund, or of any changes that would affect its entitlement to endorsement.

 

Policy Background

Policy Reference No. –

Owner Unit – Ranger & Emergency Services

Originator – Ranger & Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History –

 

 

Council Resolution

Date

Information

 

 

 

 

Draft Policy Code of Conduct Values and Objectives

 

08

Draft Policy – Code of Conduct, Brigade Objectives and Values

V1 Current

 

PURPOSE

 

Objective

The purpose of this policy is to establish core values that underpin membership of, and the operations of Volunteer Bush Fire Brigades of the City of Busselton.

 

SCOPE

 

Policy Statement

 

Through the application of this Policy, Volunteer Bush Fire Brigades of the City of Busselton, and the members of those brigades will conduct themselves in a manner that is worthy of the respect of the community in acknowledgement of their dedication to community values and safety.

 

POLICY CONTENT

 

1. Code of Conduct

The City of Busselton has established Volunteer Bush Fire brigades pursuant to the powers enabling the City contained in Section 41 of the Bush Fires Act 1954.

 

As members of Volunteer Bush Fire Brigades established under the Act, members of the brigade are officers of the City and as such are expected at all times to conduct themselves in a manner that is

1.    consistent with the best interests of the brigade,

2.    is in line with the organisational chain of command for both fire fighting and brigade activities, and

3.    does not in any way bring discredit to either the brigade, it’s members or the City.

 

To this end, the City of Busselton has adopted the  Code of Conduct for Volunteer Bush Fire Fighters. Members of Brigades are required to commit to the standards of the Code and be governed by the Code.

 

Any person who is a member of a Brigade, when acting in that capacity shall:

Act with reasonable care and diligence;

Act with honesty and integrity;

Act lawfully;

Avoid damage to the reputation of the local government;

Be open and accountable;

Base decisions on relevant and factually correct information;

Treat others with respect and fairness;

Not be impaired by mind affecting substances.

Fulfil their public and professional duties in a manner that is ethical, impartial, objective and responsible;

Not use or attempt to use their positions for personal benefit or the personal benefit of others, either by influencing others, the improper use of information gained in the performance of their duties, or otherwise;

Understand and be mindful of their role, responsibilities, empowerment and limitations and act within those parameters

Refrain from making allegations which are improper or derogatory, unless true, in the public interest and in an appropriate forum;

Refrain from any form of conduct in the performance of their official or professional duties which may cause any reasonable person unwarranted offence or embarrassment.

 

2 Brigade Objectives

 

The Brigade shall undertake the following objectives—

(a) provide timely, efficient and effective emergency services;

(b) minimise the impact of emergencies on the community;

(c) work with the community to increase bush fire awareness and fire prevention;

(d) ensure that active Members’ training requirements are maintained and documented to meet City of Busselton and DFES standards

(e) ensure all operational equipment is serviceable and available for emergencies;

(f) provide an environment where every individual is treated with respect, and which is free from discrimination or harassment;

(g) uphold the City of Busselton’s Policy - Code of Conduct; brigade Objective and Values; and

(h) service the needs of the community and work cohesively with other agencies.

 

3 Brigade Values

 

(1) Members are to adopt the Brigade values at all times when representing the Brigade in accordance with the Code of Conduct as in Clause 3.

 

(2) The Brigade values include—

(a) Put the community first;

(b) Act with integrity and honesty;

(c) Work together as a committed team;

(d) Strive to keep ourselves and others safe;

(e) Respect and value the contribution of others;

(f) Have open and honest two way communication; and

(g) Continuously develop our skills to improve our service to the community.

 

Policy Reference No. – 015

Owner Unit – Ranger and Emergency Services

Originator - Ranger and Emergency Services Coordinator

Policy approved by – Council

Date Approved -

Review Frequency - As required

Related Documents - Acts, Regulations and Local Laws administered by the City

Background/History -

 

Council Resolution

Date

Information

 

 

 

 

 

 


Council                                                                                      69                                                                 12 August 2015

10.3           Policy and Legislation Committee - 30/07/2015 - ORGANISATION WIDE RISK MANAGEMENT POLICY

SUBJECT INDEX:

Risk Management

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Employee Services & Risk

REPORTING OFFICER:

Risk and OSH Officer - Brian McCarroll

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Organisation Wide Risk Management Policy With Tracked Changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council has an existing Organisation Wide Risk Management Policy.  This policy has been reviewed as part of the City’s rolling review of Council policies and is now presented for updating.

 

BACKGROUND

 

The purpose of the Organisation Wide Risk Management Policy (the Policy) is to demonstrate the City’s commitment to the development of a culture of risk based decision making aimed at the effective management of potential opportunities and reduction of potential impacts of risk.

 

Council adopted version 1 of the Organisation Wide Risk Management Policy on 10 May 2006 to provide overall guidance.  Since then there has been a number of reviews with the most significant changes being the change in the Australian Standard to AS/NZS ISO 31000:2009, reflecting the standard we align our Risk Management Framework to, and the inclusion of responsibilities for the Audit committee established to assist Council to fulfil its corporate governance, stewardship, leadership and control responsibilities in relation to risk management.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

Regulation 17 of the Local Government (Audit) Regulations states:

 

“17. CEO to review certain systems and procedures

(1)  The CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to –

(a)  risk management; and

(b)  internal control; and

(c)   legislative compliance.

(2)  The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3)  The CEO is to report to the audit committee the results of that review.”

 

The Audit Committee received the results of the City’s first review in November 2014.

 

RELEVANT PLANS AND POLICIES

 

This report recommends the update of Policy 234 – Organisational Wide Risk Management.

 

As per the requirements of the Policy, the City has a Risk Management Framework which was endorsed by the Senior Management Group in December 2011The framework outlines the City’s formal risk management system and processes for the management of risks.  Specifically it outlines:

·    The definition of risk and risk management

·    The City’s risk reference tables

·    The risk tolerance levels

·    The risk management processes and procedures

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this matter.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

This policy will contribute to the achievement of the key goal area of Open and Collaborative Leadership, and the community objectives of:

·    “Governance systems that deliver responsible, ethical and accountable decision making”, and

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

 

RISK ASSESSMENT

 

The proposed improvements do not present any risks to Council.

 

CONSULTATION

 

Nil

 

OFFICER COMMENT

 

The review of the Policy has resulted in minor improvements aimed at ensuring a clear purpose statement and a clear set of responsibilities at all levels. 

 

The Policy reflects some changes in terminology with the previously referred to Risk Management Plan now referred to as the Risk Management Framework.  This is to better align with the terminology of AS/NZS ISO 31000:2009, the Australian Standard relating to Risk management – Principles and guidelines. 

 

The Policy introduces a new requirement for the Risk Management Committee to develop a Risk Management Plan, detailing the specific actions to be taken each year to further improve the City’s risk management processes and culture. 

 

References to “Shire” have been changed to “City”. 

 

CONCLUSION

 

The changes being proposed, while minor, seek to strengthen the Policy’s intent and provide a clear overview of responsibilities.  The Policy has also been updated to reflect standard risk management terminology.

 

OPTIONS

 

The Council could choose not to change the policy or to make additional changes to the policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The policy update would be effective immediately.

 

Committee Recommendation and Officer Recommendation

 

That the Council:

 

1.    Adopts the following updated Organisational Wide Risk Management Policy:

a)         PURPOSE

i.  The purpose of this policy is to demonstrate the City of Busselton’s commitment to the development of a culture of risk based decision making directed towards the effective management of potential opportunities and reduction of potential impacts of risk.

b)        SCOPE

i.  This policy applies to all Councillors and employees of the City of Busselton and covers all City operations.

c)         POLICY STATEMENT

i.  Risk Management is the systematic application of management policies, practices and procedures in order to identify, analyse, evaluate, treat and monitor risk.  The City of Busselton is committed to the effective management of risk and will implement a Risk Management Framework based on the AS/NZS ISO 31000:2009 Standard to achieve this.

ii. The Council recognises that adequate resources are needed to effectively manage risks. A Risk Management Committee has been established to be responsible for developing, maintaining and assisting in the implementation of the City’s Risk Management Framework. The Risk Management Committee is to ensure that all of the risk management processes are fully documented and managed through the records management system.

d)        Responsibilities

The Council is responsible for:

*         Ensuring that a Risk Management Policy has been developed, adopted and communicated throughout the City.

*         Ensuring that the CEO has implemented the Risk Management Framework using Standard AS/NZS ISO 31000:2009.

*         Communicating with the community about the City’s approach to risk

*         Establishment of an Audit Committee

 

The Audit Committee is responsible for:

*         Assisting the Council to fulfil its corporate governance, stewardship, leadership and control responsibilities in relation to risk management.

*         Providing guidance and assistance in relation to risk management initiatives and the effective conduct of risk management activities.

 

CEO and the Senior Management Group are responsible for:

*         Developing and implementing the City’s Risk Management Framework

*         As part of the Risk Management Framework establishing the risk tolerance level of the City.

*         Conducting risk assessments as part of decision making & future planning.

 

Risk Management Committee is responsible for:

*         Communicating the policy and framework to all employees.

*         Developing and managing the risk management plan for the City.

*         Development of Risk Management skills through training and education.

*         Establishing and maintaining an appropriate risk register or risk registers for the City.

 

Management are responsible for:

*         Identifying and assessing all the risks in their area of responsibility as part of business planning reporting, project management and daily decision making.

*         Collating, assessing, treating and reporting to the Risk Management Committee in relation to areas and tasks under their responsibility.

          

All Employees are to:

*         Comply with the City’s risk management policy and procedures.

*         Attend relevant risk management training.

*         Actively participate in the risk management programme.

 

Policy Background

Policy Reference No. - 234

Owner Unit – Employee Services and Risk

Originator – Risk Management

Policy approved by – Council

Date Approved – 27 July, 2011

Review Frequency – As required

 

References

 

Australian and New Zealand Standard AS/NZS ISO 31000:2009 - Risk Management Principles and Guidelines.

 

 

History

 

Council Resolution

Date

Information

C1107/229

27 July, 2011

Version 2

C0605/146

10 May, 2006

Date of implementation.

Version 1

 

 

 

 

 


Council

73

12 August 2015

10.3

Attachment a

Organisation Wide Risk Management Policy With Tracked Changes

 


 


 


Council                                                                                      79                                                                 12 August 2015

10.4           Policy and Legislation Committee - 30/07/2015 - OCCUPATIONAL SAFETY AND HEALTH POLICY

SUBJECT INDEX:

Occupational Safety and Health

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Employee Services and Risk

REPORTING OFFICER:

Risk and OSH Officer - Brian McCarroll

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Occupational Safety and Health Policy With Tracked Changes  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council has an existing Occupational Safety and Health Policy.  This policy has been reviewed as part of the City’s rolling review of Council policies and is now presented for updating.

 

 

BACKGROUND

 

The purpose of the Occupational Safety and Health Policy (the Policy) is to demonstrate the City’s commitment to providing for and ensuring a safe and healthy work environment for all people.

 

Council adopted version 1 of the Occupational Safety and Health Policy on 10 May 2006.  Since then there has been a number of reviews with the most recent being in 2011.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 it is the role of the Council to determine the local government’s policies.  The Council does this on the recommendation of a Committee it has established in accordance with Section 5.8 of that Act.

 

The Occupational Safety and Health Act 1984 (the Act) is the main piece of legislation that regulates health and safety in the workplace in Western Australia.  The Act outlines the duties of care for employers and employees and the duties and responsibilities of both the employer and employee. 

 

The objects of the Act are:

(a)              to promote and secure the safety and health of persons at work;

(b)              to protect persons at work against hazards;

(c)               to assist in securing safe and hygienic work environments;

(d)              to reduce, eliminate and control the hazards to which persons are exposed at work;

(e)              to foster co-operation and consultation between and to provide for the participation of employers and employees and associations representing employers and employees in the formulation and implementation of safety and health standards to current levels of technical knowledge and development;

(f)               to provide for formulation of policies and for the co-ordination of the administration of laws relating to occupational safety and health;

(g)              to promote education and community awareness on matters relating to occupational safety and health.

 

The Act should be read in conjunction with the Occupational Safety and Health Regulations 1996.

 

 

RELEVANT PLANS AND POLICIES

 

The City has a significant number of operational plans, practices and procedures in place which are aimed at ensuring organisational compliance with the Act and creating a safe and healthy workplace.  These include but are not limited to:

·    Protective Clothing and Equipment

·    First Aid

·    Workplace Inspections

·    Occupational Safety and Health Management Plan

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this matter.

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

This policy will contribute to the achievement of the key goal area of Open and Collaborative Leadership, and the community objectives of:

·    “Governance systems that deliver responsible, ethical and accountable decision making”, and

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

 

RISK ASSESSMENT

 

The proposed improvements do not present any risks to Council.

 

CONSULTATION

 

The Occupational Safety and Health Committee, which consists of a management representative from each directorate and a number of employee representatives (as required by the OSH Act), was consulted on the proposed enhancements.

 

OFFICER COMMENT

 

The review of the Policy has resulted in minor improvements aimed at ensuring a commitment to continuous improvement and accountability.  The focus on continuous improvement was recommended in an external audit report on the Occupational Safety and Health Management System.  Accountability for Occupational Safety and Health responsibilities is crucial to ensuring all parties meet their duty of care.

 

The revised Policy includes reference to the duty of care that both employers and employees have under the Act.  The Act aims to show that all parties have a responsibility for occupational health and safety including:

·       Employers

·       Employees

·       Self-employed persons

·       People who have control of workplaces or the access to or aggress from a workplace

 

In relation to the employer duty, Section 19 of the Act states:

 

An employer shall, so far as is practicable, provide and maintain a working environment in which the employees of the employer (the employees) are not exposed to hazards and in particular, but without limiting the generality of the foregoing, an employer shall —

                        (a)      provide and maintain workplaces, plant, and systems of work such that, so far as is practicable, the employees are not exposed to hazards; and

                        (b)      provide such information, instruction, and training to, and supervision of, the employees as is necessary to enable them to perform their work in such a manner that they are not exposed to hazards; and

                        (c)      consult and cooperate with safety and health representatives, if any, and other employees at the workplace, regarding occupational safety and health at the workplace; and

                        (d)      where it is not practicable to avoid the presence of hazards at the workplace, provide the employees with, or otherwise provide for the employees to have, such adequate personal protective clothing and equipment as is practicable to protect them against those hazards, without any cost to the employees; and

                        (e)      make arrangements for ensuring, so far as is practicable, that —

                                         (i)      the use, cleaning, maintenance, transportation and disposal of plant; and

                                        (ii)      the use, handling, processing, storage, transportation and disposal of substances,

                                    at the workplace is carried out in a manner such that the employees are not exposed to hazards.

 

In relation to the employee duty, Section 20 of the Act states:

 

(1) An employee shall take reasonable care —

                        (a)      to ensure his or her own safety and health at work; and

                       (b)      to avoid adversely affecting the safety or health of any other person through any act or omission at work.

(2) Without limiting the generality of subsection (1), an employee contravenes that subsection if the employee —

                        (a)      fails to comply, so far as the employee is reasonably able, with instructions given by the employee’s employer for the safety or health of the employee or for the safety or health of other persons; or

                        (b)      fails to use such protective clothing and equipment as is provided, or provided for, by his or her employer as mentioned in section 19(1)(d) in a manner in which he or she has been properly instructed to use it; or

                        (c)      misuses or damages any equipment provided in the interests of safety or health; or

                        (d)      fails to report forthwith to the employee’s employer —

                                         (i)      any situation at the workplace that the employee has reason to believe could constitute a hazard to any person that the employee cannot correct; or

                                        (ii)      any injury or harm to health of which he or she is aware that arises in the course of, or in connection with, his or her work.

 

While the Policy does not set out these duties in full it does bow provide a direct link to them.

References to “Shire” have been changed to “City”. 

 

CONCLUSION

 

The changes being proposed, while minor, seek to strengthen the Policy’s intent and provide a clear overview of responsibilities. 

 

OPTIONS

 

The Council could choose not to change the policy or to make additional changes to the policy.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The policy update would be effective immediately.

 

Committee Recommendation and Officer Recommendation

 

That the Council:

 

PURPOSE

 

The purpose of this policy is to demonstrate the commitment of the City of Busselton to ensuring a safe and healthy work environment for employees, Councillors, contractors, volunteers and visitors of the City of Busselton.

 

SCOPE

 

This Policy applies to all employees, contractors, volunteers and Councillors and to all City workplaces.

 

POLICY CONTENT

 

The City of Busselton regards the provision of a safe and healthy work environment as fundamental to all organisational activities and essential to maintaining high standards of organisational sustainability, performance and governance.  The following objectives and responsibilities will aid the City of Busselton in achieving these standards:

 

1.            Objectives

*             Comply with legislative requirements under the Occupational Safety and Health Act 1984 and other relevant legislation;

*             Comply with AS/NZS 4801 Occupational Health and Safety Management systems;

*             Develop an organisational culture with a high level of safety and health awareness through a continuous improvement process focused on consultation, communication, information provision, training and accountability.

 

2.            Responsibilities

2.1          Councillors

*             Ensure sufficient resources are available to achieve the objectives of this policy. 

2.2          CEO and Directors

*             Ensure that this policy is implemented.

*             Ensure the development, implementation and maintenance of a management plan to achieve compliance with AS/NZS 4801.

*             Ensure accountability for compliance with this policy is maintained.

*             Meet the City’s duty of care as employer under the Occupational Health and Safety Act 1984

*             Promote the importance and benefit of occupational safety and health throughout the organisation.

2.3          Managers and Supervisors

*             Plan, implement and budget for strategies to ensure hazards are controlled, as far as practicable.

*             Ensure accountability for compliance with safe work practices and safety related operational practices and procedures is maintained.

*             Enforce safety and health requirements within areas of responsibility.

*             Meet the City’s duty of care as employer under the Occupational Safety and Health Act 1984

2.4          Employees, Contractors and Volunteers

*             Work with care for their own safety and health and that of others.

*             Meet the duty of care as employee under the Occupational Safety and Health Act 1984.

*             Comply with the City of Busselton safety and health requirements.

 

Policy Background

 

Policy Reference No. - 233

Owner Unit – Employee Services and Risk

Originator – Human Resources Manager

Policy approved by – Council

Date Approved – 27 July, 2011

Review Frequency – As required

Related Documents –

Occupational Safety and Health (OSH) Act 1984

Occupational Safety and Health (OSH) Regulations 1996

AS/NZS 4801 Occupational Health and Safety Management Systems

 

History

 

Council Resolution

Date

Information

 

2015

Version 3

C1107/229

27 July, 2011

Version 2

C0605/145

10 May, 2006

Date of implementation.

Former safety policy repealed in favour of new Occupational Safety and Health Policy following a safety audit against AS4801 requiring significant changes.

Version 1

 

 

 


Council

81

12 August 2015

10.4

Attachment a

Occupational Safety and Health Policy With Tracked Changes

 


 


Council                                                                                      83                                                                 12 August 2015

10.5           Policy and Legislation Committee - 30/07/2015 - PROPOSED DELEGATION TO CHIEF EXECUTIVE OFFICER TO AWARD TENDERS RELATING TO THE AIRPORT REDEVELOPMENT PROJECT

SUBJECT INDEX:

Authorised Delegation of Power / Authority

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Support

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Proposed Instrument of Delegation  

 

This item was considered by the Policy and Legislation Committee at its meeting on 30 July 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council has delegated to its Chief Executive Officer the ability to award tenders to a maximum value of $350,000.  It is proposed that for the purposes of the efficient and effective management of the forthcoming redevelopment project at the Busselton Regional Airport that the delegation is increased to $2.5 million for that specific project.  It is also proposed that the Council establishes a contract variance threshold within which the CEO can approve contract variations throughout the life of the project.  These delegations are recommended and will require an absolute majority decision of the Council to be implemented.

 

 

BACKGROUND

 

Council has the ability to delegate the exercise of powers and discharge of duties to its CEO.  Where a delegation is to award tenders, a financial limit must be placed on that delegation.  Due to the unusual nature of the Airport Redevelopment Project, being a $55.9 million capital project (or $65.9 million subject to a further funding application being successful) with many smaller contract requirements, it is proposed that the limit for tenders associated with this project is set at $2.5 million.

 

STATUTORY ENVIRONMENT

 

Section 5.42 of the Local Government Act 1995 provides the Council with the ability to delegate powers and duties to its CEO.  Some powers and duties cannot be delegated in accordance with Section 5.43 of the Act, such as accepting a tender which exceeds an amount determined by the Local Government for the purposes of this clause. 

 

RELEVANT PLANS AND POLICIES

 

City of Busselton Purchasing Policy and Procurement Guidelines.

 

FINANCIAL IMPLICATIONS

 

The Busselton Regional Airport Redevelopment Project is a $55.9 million project (or $65.9 million subject to a further funding application being successful) with several large contracts, which would be determined by the Council, and many smaller contracts which are proposed to be delegated to the CEO to award.  In addition, it is proposed that the CEO be delegated authority to approve contract variations within a 10% threshold such that the project can be closely monitored to ensure it remains within budget.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

RISK ASSESSMENT

 

A thorough risk assessment for the Busselton Regional Airport Redevelopment Project has already been undertaken and appropriate mitigation strategies adopted.  With regard to the specific proposal in this report to delegate authority to the CEO, there is no greater risk for the CEO to make these decisions than the Council, as the CEO will still be required to follow appropriate purchasing and procurement procedures and utilise the appropriate adopted tender and contract management documentation.

 

CONSULTATION

 

Not required.

 

OFFICER COMMENT

 

The Busselton Regional Airport Redevelopment Project is a $55.9 million project (or $65.9 million subject to a further funding application being successful) that will involve a series of large and smaller contracts over a number of years.  It is proposed that the CEO be provided with delegated authority to award contracts up to the value of $2.5 million and to approve variations to those contracts within a 10% threshold.

 

An instrument of delegation is attached to this report for the Council’s consideration.

 

Effectively, if this delegation is approved, the CEO will be able to efficiently and effectively deal with the smaller contracts, such as external works and services, jet fuel facilities, minor terminal works to complete Stage 1b, furniture, screening equipment and landscaping, while the larger contracts would be referred to Council for determination.  This would include the airfield construction, Stage 2 terminal construction, lighting and other external works.

 

CONCLUSION

 

Due to the unique nature of the Busselton Regional Airport Redevelopment Project it is proposed that the tender award financial limit be increased to $2.5 million and that a 10% contract variation threshold be adopted by the Council for tenders awarded by the CEO under this delegation.

 

OPTIONS

 

The Council could determine not to increase the tender limit associated with this project and not approve the contract variation threshold, or reduce either or both.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Any determinations on the delegations will be effective immediately the Council's decision is made.

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council delegates the following powers and duties to the Chief Executive Officer, subject to the conditions outlined:

 

To exercise the powers and discharge the duties of the local government under Regulation 14 of the Local Government (Functions and General) Regulations to publicly invite tenders by determining the written criteria for deciding which tender should be accepted.

 

To exercise the powers and discharge the duties of the local government under Regulation 18 of the Local Government (Functions and General) Regulations relating to choice of tender.

 

To approve variations to contracts awarded under this delegation.

 

Conditions

 

The delegation is subject to:

a)         Following the City’s operational practice utilising tender evaluation processes and documentation;

b)        Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering;

c)         Acceptance of a tender is not to exceed a contract value of $2,500,000; and

d)        Any contract variation is not to exceed 10% of the contract value.

 

Note: The Committee felt that $1 million was a more appropriate limit and identified the need for the delegation to specifically mention the Airport Redevelopment Project.

 

COMMITTEE  RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council delegates the following powers and duties to the Chief Executive Officer for the purposes of the Airport Redevelopment Project, subject to the conditions outlined:

 

To exercise the powers and discharge the duties of the local government under Regulation 14 of the Local Government (Functions and General) Regulations to publicly invite tenders by determining the written criteria for deciding which tender should be accepted.

 

To exercise the powers and discharge the duties of the local government under Regulation 18 of the Local Government (Functions and General) Regulations relating to choice of tender.

 

To approve variations to contracts awarded under this delegation.

 

 

Conditions

 

The delegation is subject to:

a)         Following the City’s operational practice utilising tender evaluation processes and documentation;

b)        Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering;

c)         Acceptance of a tender is not to exceed a contract value of $1,000,000; and

d)        Any contract variation is not to exceed 10% of the contract value.

 

 


Council

87

12 August 2015

10.5

Attachment a

Proposed Instrument of Delegation

 

City Busselton Cropped logo

INSTRUMENT OF DELEGATION

 

Ref No

LG Act Ref

Delegate

Delegation Subject

3L

3.57

F and G Regs 14 and 18

Chief Executive Officer

Airport Redevelopment Project - Inviting Tenders and Choice of Tender

 

Delegator

 

Council.

 

Power/Duty

 

To exercise the powers and discharge the duties of the local government under Regulation 14 of the Local Government (Functions and General) Regulations to publicly invite tenders by determining the written criteria for deciding which tender should be accepted.

 

To exercise the powers and discharge the duties of the local government under Regulation 18 of the Local Government (Functions and General) Regulations relating to choice of tender.

 

To approve variations to contracts awarded under this delegation.

 

Conditions

 

The delegation is subject to:

a)         Following the City’s operational practice utilising tender evaluation processes and documentation;

b)        Compliance with the requirements of the City’s Purchasing Policy as it relates to tendering;

c)         Acceptance of a tender is not to exceed a contract value of $2,500,000; and

d)        Any contract variation is not to exceed 10% of the contract value.

 

Statutory Framework

 

Council is exercising its power of delegation under Section 5.42(1)(a) of the Local Government Act 1995 to delegate to the CEO the discharge of its powers and duties provided for in section 3.57 of the Local Government Act 1995 and part of Regulation 14 and Regulation 18 of the Local Government (Functions and General) Regulations 1996.

 

Local Government Act Section 3.57.              Tenders for providing goods or services

        (1)      A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.

        (2)      Regulations may make provision about tenders.

 

 

Functions and General Regulation 14.           Requirements for publicly inviting tenders

      (2a)      If a local government —

                         (a)      is required to invite a tender; or

                         (b)      not being required to invite a tender, decides to invite a tender,

                    the local government must, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.

 

 

Functions and General Regulation 18. Choice of Tender

(1)     A tender is required to be rejected unless it is submitted at a place, and within the time, specified in the invitation for tenders.

        (2)      A tender that is submitted at a place, and within the time, specified in the invitation for tenders but that fails to comply with any other requirement specified in the invitation may be rejected without considering the merits of the tender.

        (3)      If, under regulation 23(4), the CEO has prepared a list of acceptable tenderers for the supply of goods or services, a tender submitted by a person who is not listed as an acceptable tenderer is to be rejected.

        (4)      Tenders that have not been rejected under subregulation (1), (2), or (3) are to be assessed by the local government by means of a written evaluation of the extent to which each tender satisfies the criteria for deciding which tender to accept and it is to decide which of them it thinks it would be most advantageous to the local government to accept.

      (4a)      To assist the local government in deciding which tender would be the most advantageous to it to accept, a tenderer may be requested to clarify the information provided in the tender.

        (5)      The local government may decline to accept any tender.

        (6)      If a local government has accepted a tender but acceptance of the tender does not create a contract and within 6 months of the day on which the tender was accepted the local government and the successful tenderer agree not to enter into a contract in relation to the tender, the local government may accept from the other tenders the tender which it thinks it would be most advantageous to the local government to accept.

        (7)      If a local government has accepted a tender and acceptance of the tender creates a contract and within 6 months of the day on which the tender was accepted the local government and the successful tenderer agree to terminate the contract, the local government may accept from the other tenders the tender which it thinks it would be most advantageous to the local government to accept.

 

 

Verification

 

For consideration by Council

 

Review Requirements

 

In accordance with the requirements of Section 5.46(2) of the Local Government Act 1995, at least once every financial year.

 

Review Dates

 

For consideration by Council

 

 


Council                                                                                      89                                                                 12 August 2015

11.             Planning and Development Services Report

11.1           AMENDMENT NO. 16 TO LOCAL PLANNING SCHEME 21 - RECODE PORTION OF LOT 519 BELL DRIVE, BROADWATER FROM 'RESIDENTIAL R20' TO 'RESIDENTIAL R40'

SUBJECT INDEX:

Town Planning Schemes and Amendments

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:

Senior Strategic Planner - Helen Foulds

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Location Plan

Attachment b    Scheme Amendment Map

Attachment c    Development Concept Plans  

  

 

PRÉCIS

 

The Council is requested to consider initiating for advertising proposed Scheme Amendment No. 16 to Local Planning Scheme No. 21 (LPS21) to recode a portion of Lo 519 Bell Drive, Broadwater from ‘Residential R20’ to ‘Residential R40’.

 

The site exhibits favourable attributes for medium density development given its location and its large size which will allow for an integrated development.  It is considered that the proposal is broadly consistent with the strategic planning framework applicable to the area and officers are recommending that the proposed amendment be initiated to allow public consultation to be undertaken.

 

 

BACKGROUND

 

Lot 519 is a large 2.6 hectare land parcel that contains the existing aged care facility known as ‘Ellenvale’ at the corner of Broadwater Boulevard and Bell Drive.  Lot 519 has approval for subdivision into three lots, with ‘proposed Lot 200’ being the 3,546m2 area of land physically separated from the remainder of the original land holding by Bell Drive (refer to Attachment A).  At the time of writing this report, the proponent was in the process of finalising the subdivision.

 

The lot is located directly across Broadwater Boulevard from the wetlands and is surrounded by ‘Residential R20’ zoned land, with areas of ‘R40’ coded land further to the north (Novacare Village and a section of Milkman Avenue).

 

The proposal comprises a scheme amendment that seeks to amend the Scheme map in relation to proposed Lot 200 by increasing the residential density code from ‘R20’ to ‘R40’ (see Attachment B).

 

The proposed amendment would facilitate the development of proposed Lot 200 for 16 multiple dwellings on the corner lot, complementing Ellenvale located on the opposing corner.  The balance of the original land holding of Lot 519, referred to as ‘proposed Lot 202’, is envisaged to be developed as over 55’s Aged Person’s Dwellings in the form of grouped dwellings at a later stage.

 

The proponent submits that the site of proposed Lot 200 is well suited to the proposed multiple dwelling development concept as it provides views across the Broadwater wetlands and is situated on the corner of Bell Drive and Broadwater Boulevard, thereby providing opportunity to address the streetscape with a strong residential interface and car parking behind the proposed residential built form.

 

STATUTORY ENVIRONMENT

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this amendment.

 

The City of Busselton Local Planning Scheme No. 21 (the Scheme) identifies the subject land within the ‘Residential’ zone, with a coding of ‘R20’.  An objective of the Residential zone is:

 

“(b)     To provide opportunity for the development of a wide range of housing stock commensurate with the changing characteristics and housing needs of the City’s population.”

 

RELEVANT PLANS AND POLICIES

 

The key policy implications for consideration of the proposed amendment are set out in the Western Australian Planning Commission Regional Strategy: South-West Framework, State Planning Policy No.3 - Urban Growth and Settlement, Liveable Neighbourhoods, and State Planning Policy No.3.1 – Residential Design Codes of WA and the City of Busselton Broadwater Structure Plan Precinct 1.  Each is discussed below under appropriate subheadings.

 

WAPC Regional Strategy: South-West Framework

 

The WAPC Regional Strategy: South-West Framework, which has been released in final form, contains a number of particularly relevant recommendations, including –

 

WAPC position on settlement and building sustainable communities

 

1.         Planning for settlements in the region to be truly liveable, with a strong sense of place, high quality of life and that are designed to be environmentally sustainable through:

*   promoting mixed use and higher density residential forms in appropriate locations and in major centres and towns;

*   facilitating high quality urban design that is sensitive to, and enhances the identity and character of the South-West’s towns and settlements…

2.         Using appropriate planning processes to: …

*   encourage more diversity of housing product through lot size and built form. …

*   establish mechanisms to provide more affordable housing product diversity and identify other options to provide more affordable housing choices

3.         Build on existing communities with established infrastructure and services through:

*   Identifying and using vacant and under utilised land for higher densities where they can be achieved without detriment to neighbourhood character or the natural environment and encourage carefully planned urban expansion…

 

The proposal is considered to be consistent with these objectives.

 

State Planning Policy No.3 – Urban Growth and Settlement/Liveable Neighbourhoods

 

One of the main features of the Urban Growth and Settlement Policy is to create sustainable communities with access for all to employment, health, education, shops, leisure and community facilities by locating new development so as to be accessible by foot, bicycle or public transport rather than having to depend on access by car.

 

This principle is also reinforced within Liveable Neighbourhoods which advances the principle of an urban structure of walkable neighbourhoods clustered to form towns of compatibly mixed uses in order to reduce car dependence for access to employment, retail and community facilities.

 

The proposal is considered to be consistent with these objectives.

 

State Planning Policy No.3.1 – Residential Design Codes of WA

 

The Residential Design Codes (R-Codes) provides the basis for control of residential development throughout Western Australia.  Table 1 and Table 4 of the R-Codes outline the general site area requirements that apply to residential land.

 

In the case where multiple dwellings are proposed on land coded R20, the R-Codes specify a minimum site area of 450m2 per dwelling.  Given the total area of the site (3,546m2), this would equate to a maximum allowance of 7 multiple dwellings; where the proponent contends and officers accept that at least 16 multiple dwellings would be required to achieve an appropriate and viable housing project. 

 

The more flexible R40 site requirements for minimum setbacks and open space, for instance, allow for a more appropriate design response when considering multiple dwelling development as dwelling density controls are replaced with plot ratio controls (i.e. controls over the total building floor space relative to site area).  The maximum plot ratio allowed for R40 coded land is 0.6 (i.e. useable building floor space on a 1,000m2 lot is 600m2, for instance, a 2 storey building that covers around 300m2 of the site).  For proposed Lot 200 the maximum allowed plot ratio area would therefore be 2,127.6m2.

 

The R-Codes will become more relevant at the development application stage where any proposal will be assessed in detail against the various design elements contained therein.

 

Broadwater Structure Plan Precinct 1

 

The Broadwater Structure Plan Precinct 1 was endorsed by the WA Planning Commission in June 2005 and has generally guided subdivision of the Broadwater area.  The Structure Plan encourages a range of residential densities to provide housing choice for residents with varying needs and requirements.  The subject lot is identified in an area of Residential R20. 

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications arising from the recommendations of this report.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed amendment is considered to be consistent with the following community objective of the City’s Strategic Community Plan 2013 – 2.2          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 identified ‘downside’ risks only, rather than upside risks as well.  The implementation of the Officer Recommendation will involve initiating the proposed scheme amendment and referring it to the Environmental Protection Authority.  In this regard, there are no significant risks identified.

 

CONSULTATION

 

There is no requirement under the Planning and Development Act 2005 to advertise a proposed scheme amendment prior to it being initiated by the Council. Accordingly, no advertising has occurred to date.

 

If the Council resolves to initiate the proposed amendment, the relevant amendment documentation would be referred to the Environmental Protection Authority (EPA) for consideration of the need for formal assessment under Part IV of the Environmental Protection Act 1986.  Should the EPA resolve that the amendment does not require formal assessment it will be advertised for 42 days in accordance with the Town Planning Regulations 1967.

 

OFFICER COMMENT

 

Appropriate opportunities to support urban consolidation are generally supported by the strategic planning framework, especially at a State level. Opportunities to provide a diversity of lot sizes and housing types in urban areas, and therefore a variety of lifestyle options, are also broadly supported.  The proposal will facilitate the redevelopment of this site in an appropriate manner, encouraging more diversity of housing products in the City of Busselton.

 

The development concept sought by the proponent cannot be accommodated under the current R20 coding of the subject lot.  The proposal will enable the controls by which the density of residential and mixed use development will be guided to be in accordance with Residential R40 as specified in the R-Codes. 

 

The proponent has provided concept plans of the proposed development (see Attachment C), which consists of 16 two-bedroom multiple dwellings.  The two-storey buildings will retain a residential scale consistent with the R40 code requirements for setbacks and plot ratio.  The proposed plot ratio area calculates at 1,667.1m2 where, as mentioned previously, the maximum allowed plot ratio area on the site would be 2,127.6m2.  The design of the development will ensure that all apartments face the adjoining streets, with the 8 units fronting Broadwater Boulevard having views of the Broadwater Wetlands.  Vehicles will access the site at one point from Bell Drive and all parking being located at the rear of the buildings will be inconspicuous from the roads.

 

That the site overlooks the Broadwater Wetlands will provide occupants of the units overlooking that area a sense of space and will also allow all occupants to utilise this area for additional recreational purposes (where possible).  The relatively large lot size (3,546m2) makes the site suitable to allow development for multiple housing purposes and the site’s proximity to Bussell Highway provides easy access to public transport.  The site is within proximity to the Busselton CBD (approximately 6.5km) and the Vasse Village Centre (under construction and approximately 4.5km) as well as the nearby Broadwater shopping complex, providing the array of services and facilities available in that centre

 

The site is therefore considered to be an acceptable location for an R40 multiple dwelling development and the proposal is considered to be consistent with the relevant planning framework.  The draft amendment is recommended to be initiated for consultation purposes.

 

CONCLUSION

 

Officers are recommending that proposed Amendment No. 16 to Local Planning Scheme No. 21 be initiated for referral to the EPA and subsequent advertising for public comment.

 

OPTIONS

 

Should the Council not support the Officer Recommendation, the Council could consider the following options –

 

1.            Resolve to decline the request to initiate the proposed amendment in its entirety and     provide a reason for such a decision.

 

2.            Resolve to initiate the proposed amendment subject to modification(s).

 

It should be noted that there is no right of appeal against a Council decision not to initiate an amendment.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will involve the forwarding of the amendment to the Environmental Protection Authority and this will occur within one month of the resolution.

 

 

OFFICER RECOMMENDATION

 

1.    That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopts draft Amendment No. 16 to the City of Busselton Local Planning Scheme 21 for community consultation for the purpose of rezoning portion of Lot 519 Bell Drive, Broadwater from ‘Residential R20’ to ‘Residential R40’ and amend the Scheme Map accordingly.

 

2.    That, as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon the preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

 

 


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12 August 2015

11.1

Attachment a

Location Plan

 

 

http://bsnspatial/intramaps70/ApplicationEngine/ImageProxy.ashx?imageUrl=http%3a%2f%2fBSNSPATIAL%2fIntraMaps70%2fSpatialEngineWS2%2fPrintMap.ashx%3fwidth%3d620%26height%3d750%26scale%3d4000%26exportFormat%3dwmf%26id%3d587146b0-d62f-4bd6-9141-900dee58d1ce&SessionID=50dwmdjk0cdkml2dxudk4x45

Disclaimer: Every effort has been made to make the information displayed here as accurate as possible. This process is ongoing and the information is therefore ever changing and can not be disseminated as accurate. Care must be taken not to use this information as correct or legally binding. To verify information contact the City of Busselton office.

LOT 519 BELL DRIVE, BROADWATER

 

Map Scale:
1:4000

 

Produced on:
Wednesday, 15 July 2015

north

 


Council

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12 August 2015

11.1

Attachment b

Scheme Amendment Map

 


Council

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12 August 2015

11.1

Attachment c

Development Concept Plans

 


 


 


Council

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12 August 2015

11.1

Attachment c

Development Concept Plans

 


 


 


 


 


Council                                                                                      115                                                               12 August 2015

11.2           PROPOSED STRATEGIC PURCHASE OF LOT 40 VASSE HIGHWAY, BOVELL FOR FUTURE USE AS ACTIVE SPORTING AND RECREATION AREA (SOUTHERN EXPANSION OF SIR STEWART BOVELL PARK)

SUBJECT INDEX:

Land Acquisition/Disposal

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development  

ACTIVITY UNIT:

Strategic Planning and Development

REPORTING OFFICER:

Manager Strategic Planning and Development - Matthew Riordan

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Lot 40 Vasse Hway Long Term Financial Plan Scenario

Attachment b    Oval Configuration Concept Sketches - Southern Expansion of Bovell Park

Attachment c    Oval Configuration Concept Sketches - Bovell Park West and Lot 40 (Alternative)  

  

 

PRÉCIS

 

A timely opportunity has arisen for the City to acquire a 4 hectare ‘Agriculture’-zoned property (including an existing premises, which could be leased for residential tenancy until such time as the land is developed for active recreation purposes) abutting the southern end of Sir Stewart Bovell Park.

 

Lot 40 Vasse Highway, Bovell has been identified in the City’s adopted Active Open Space Recommendations (2013) and draft Local Planning Strategy (2013) as being within a potential strategic expansion area for major outdoor sporting and recreation facilities (effectively, the southern extension of Sir Stewart Bovell Park).  The purchase of Lot 40 could provide a valuable community investment opportunity to catalyze and facilitate the future expansion of Bovell Park in line with the City’s active open space and strategic planning objectives.

 

With the informal support of the Finance Committee, an ‘option to purchase’ (for $850,000 exclusive of GST) was submitted to the vendor, on 9 June 2015. This was duly signed and accepted on 10 June 2015.

 

The proposed purchase price is based on a sworn valuation (commissioned by the City) of $800,000, together with a 6.25% ($50,000) premium reflecting the ‘special interest’ strategic value of the property (which is private land neighbouring  an existing City-owned asset). The original ‘asking price’ for Lot 40 was $1.2 million, subsequently reduced by the vendor to $960,000.

 

After reporting the matter to the Finance Committee on 4 June 2015 - and having since completed all reasonable due diligence to inform and confirm the strategic merit of the purchase of Lot 40 - it is recommended that the Council authorize the Chief Executive Officer (CEO) to formally exercise the ‘option to purchase’ (for $850,000 exclusive of GST) on behalf of the City.

 

 

BACKGROUND

 

The subject property was listed on the Busselton property market in late January 2015, for an ‘asking price’ of $1.2 million.

 

Because the property was seen as a potentially valuable strategic asset that could catalyze and facilitate the future expansion of active open space facilities on Sir Stewart Bovell Park, a sworn valuation was commissioned by the City to test the market price.

 

A sworn valuation of $800,000 was returned in February 2015 (and subsequently reviewed and confirmed by the same Licenced Valuer, at the request of the City, in May 2015).

 

An initial briefing was provided to Councillors on 8 April 2015 regarding the strategic purchase of Lot 40 and support was provided for officers to initiate informal negotiations for the property. In accordance with the sworn valuation, an ‘informal offer’ of $800,000 was subsequently submitted to the vendor, in late April 2015.

 

In early May the vendor responded, agreeing to the establishment of a 4-month ‘option to purchase’ period (until 20 September 2015) for a requisite fee of $5,000 (which would be non-refundable in the event that the City did not ultimately proceed with purchase, but would be included in the purchase price if it did). The vendor dismissed the original informal ‘offer’ of $800,000, however, and advised that a (reduced) price of $960,000 would be the ‘bottom line’ figure they would entertain.

 

A report on the prospective purchase of Lot 40 was provided by officers to the CEO and senior staff on 12 May 2015 and it was agreed at that meeting that basic ‘due diligence’ in respect to the prospective purchase be initiated, and a subsequent presentation made to the Finance Committee  seeking informal support for further action to progress the matter.  

 

Following a presentation to the Finance Committee on 4 June 2015, the Committee indicated informal support for the CEO to inter into a formal ‘option to purchase’ agreement with the registered proprietor of Lot 40 on the basis of the following terms and conditions:

 

·    A purchase price of $850,000 (exclusive of GST), this being a 6.25%  increase on the sworn valuation,  reflecting its ‘special interest’ strategic value as a property  neighbouring an existing City-owned asset, and more generally reflecting the ‘premium’ that an adjoining landowner may typically be expected to pay;

·    The option to be binding on the vendor, until 20 September 2015;

·    The option to be exercised at the sole discretion of the City; and

·    The payment of an ‘option fee’ to the vendor of $5,000 (which will form part of the purchase price if the option is ultimately exercised by the City, but which is non-refundable if it is not).

 

It was recognised by the Finance Committee that the formal ‘option to purchase’ agreement will allow the City time to complete all reasonable due diligence in respect to:

 

·    financing the strategic purchase of Lot 40;

·    investigating the condition of the existing property (including the potential to lease the existing residential premises to offset potential financing costs);

·    investigating environmental site conditions;

·    investigating conceptual design layouts for the possible southern expansion of Bovell Park active recreation areas and facilities, in respect to both Lot 40 and the immediate vicinity; and

·    obtaining the formal approval of the Council for the execution of the purchase.    

 

The ‘option to purchase’ for Lot 40 submitted to the vendor by the City (for $850,000 exclusive of GST) was submitted to the vendor on 9 June 2015, and accepted and endorsed by same on 10 June 2015.

 

All reasonable due diligence has now been completed in respect to the subject property and it is recommended that the Council approve the execution of the current ‘option to purchase’ accordingly.

 

STATUTORY ENVIRONMENT

 

The prospective purchase of Lot 40 Vasse Highway, Bovell will constitute ‘acquiring an interest in land’, as contemplated in s3.59 of the Local Government Act 1995 (the Act). However, it will not constitute a ‘major land transaction’ under the Act (see note below) and therefore will not necessitate the application of any further requirements of s3.59 (e.g. the preparation and advertisement of a ‘business plan’ concerning the development of the property prior to any purchase).

 

Note:    A ‘major land transaction’ is when the prospective purchase price of the property, together with any likely subsequent financial cost(s) associated with the future use and/or development of that particular property, is likely to be more than the statutory threshold of $2 million, or 10% of the City of Busselton’s annual operational budget, whichever is the greater. As the City’s operational budget in 2014-2015 was approximately $61 million, the threshold in terms of the Act is presently around $6.1 million. The estimated total costs associated with the purchase and likely future development of Lot 40 will be considerably less than this threshold figure. As such, the prospective purchase of Lot 40 falls outside the statutory application and requirements of s3.59 of the Act.

 

Although there is no statutory requirement to do so, the prospective purchase of Lot 40 was advertised for public notice in Council for the Community on 26 June 2015.  Public comments were invited in relation to the matter until 10 July 2015. As of that date,  no comments had been received.

 

RELEVANT PLANS AND POLICIES

 

In 2013 the Council adopted ‘Active Open Space Planning Recommendations’ (AOSPR) to guide the future planning of active open space facilities in the City. This followed 18 months of consultation and needs assessments, a review of the City ‘Leisure Services Plan’ and a demographic analysis of individual population precincts across the Municipality. A ‘Hierarchy of Active Open Spaces’ was also endorsed at that time: ‘local’ (1-5 ha), ‘district’ (5-20 ha) or ‘regional’ (> 20 ha).

 

Bovell Park (20 hectares) was identified in the AOSPR as a ‘local level facility’ (sic), and land abutting to the south, including Lot 40 (effectively an extension of the existing sporting facilities at Sir Stewart Bovell Park) shown, indicatively, as part of a ‘planned potential outdoor recreation area’. The AOSPR identified this area as a possible future precinct for the expansion and development of Bovell Park into a long term ‘regional-level’ facility.  

 

Proposals in the City’s draft Local Planning Strategy (2013) support the medium term (10-15 year*) development of the ‘Urban Growth Area’ (UGA) for Bovell (see below, with Lot 40 outlined and potential future ceded land, in blue shading, shown adjoining).

 

*Note:    the future staged release of land for urban development at Bovell may be ‘brought forward’, depending on outcomes and recommendations endorsed in the adopted Local Planning Strategy and the views and aspirations of the subject landowners .

 

Although difficult to accurately assess in the absence of detailed structure planning, the developable area of the Bovell UGA could be around 210-230 hectares (dependent on environmental, drainage, heritage and other site characteristics and constraints). Given that a minimum of 10% (e.g. 21-23 hectares in this assumption) of this developable area would be required to be ceded to the Crown for public open space purposes, it would be very likely that a minimum provision of 4-6 hectares of that, for local active sporting and recreation facilities, would be required within the total Bovell UGA.

 

Given that the location has already been earmarked in both the AOSPR and the draft LPS, this provision of local active open space would logically be ceded along the southern boundary of Bovell Park. Together with Lot 40 (4 hectares), this could then provide for a combined and contiguous 8-10 hectare area for the southern expansion of Bovell Park.

 

FINANCIAL IMPLICATIONS

 

The prospective price of purchase of Lot 40 is $850,000 (exclusive of GST: because of the nature of the property and its land use, and the type of transaction proposed, it is understood that GST will not be payable).

 

Should the purchase be approved by the Council, the transaction would be required to be settled on or before the settlement date agreed on the signed ‘option to purchase’, being 7 October 2015.

 

In terms of section 6.20(1) and (2) of the Act, a local government:

·    May borrow money; and

·    Has to give one month’s public notice of its intention to borrow money and exercise that power by absolute majority, unless details of a proposal to borrow money have been included in its annual budget for that financial year.

 

In respect to the budgeted funding of any approved oval and facilities construction on Lot 40, estimated to be between $1.5-2 million, the following actions are recommended (l along with sourcing grants funding from the Department of Sports and Recreation’s Community Sports and Recreation Facilities Fund):

 

·    The investigation of a potential ‘re-allocation’ of developer contribution funds from the Yalyalup DCSP (2010), most notably in respect to a re-assessment of the scale, scope and level of funds historically allocated for the construction of a ‘multi-purpose community centre’. Any formal consideration of this would require a draft amendment to the DCSP, formal public consultation, and the approval of the WAPC.

·    An identification of other, existing and future development contributions funds that can be used to meet both the costs associated with acquiring the land, but also potential costs associated with its development for the intended purpose.

·    A review of the overall City of Busselton Developer Contribution Plan (2008), the findings and recommendations of which will be incorporated into Local Planning Scheme 21.  

 

Long-term Financial Plan (LTFP) Implications

 

It is proposed to finance the purchase of Lot 40 with an interest only, 10-year loan.

 

An LTFP scenario for Lot 40 has been prepared at Attachment A, outlining the net amounts the City will need to budget for each year in order to meet repayments. It should be noted that the LTFP scenario reflects certain ‘assumptions’ - such as (e.g.) development of the property will not occur for ten years and thus rental incomes will continue apace (etc), and the scenario does not provide for the actual development of the land for the intended purpose, notwithstanding that City officers consider it quite likely that the City will have both the capacity and the need to develop the land for recreational purposes within the LTFP timeframe.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this Report reflect Community Objective 2.1 of the City’s ‘Strategic Community Plan 2013’, viz:

 

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

 

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. Risks are only identified where the residual risk, once controls are identified, is ‘medium’ or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Financial risk: If, after Lot 40 being purchased, the property was subsequently found to have characteristics detrimental to its timely or optimum development for active open space (e.g. significant site contamination, or unforeseen environmental impacts or legislative restrictions), or limiting its viability in terms of interim ‘offset income’ (e.g. issues associated with the successful residential leasing of the existing premises)

 

Routine site assessments; upkeep of management and maintenance requirements of property.

Minor

Possible

Medium

Financial risk: Not being able to assemble and coordinate the necessary funding and resources to implement the timely southern expansion of Bovell Park into Lot 40 and/or adjoining land to be ceded from the Bovell UGA

Comprehensive review of the City of Busselton Developer Contribution Plan (2008); identification and timely allocation of developer contribution funds; applications for grants funding.  

Moderate

Possible

Medium

Financial risk: Not being able to coordinate and allocate appropriate strategic funds to repay the loan principal, when it becomes due after 10 years

Strategic consideration in the  review of City of Busselton Developer Contribution Plan (2008)  

Moderate

Unlikely

Medium

 

CONSULTATION

 

Although there was no statutory requirement to do so, the prospective purchase of Lot 40 was advertised for public notice in Council for the Community on 26 June 2015.  Public comments were invited, over a period of 14 days, in relation to the matter. At the end of that period (on 10 July 2015), no public comments had been received.

 

OFFICER COMMENT

 

City officers have conducted all reasonable DUE DILIGENCE on the subject property and existing residence at Lot 40 Vasse Highway required to inform and confirm the strategic planning merit and financial sustainability of the prospective purchase. This has included:

 

·    a ‘desktop search’ through Landgate;

·    a site inspection (on 22 May 2015) by the Senior Environment Officer, the Community Development Coordinator and the Manager Strategic Planning;

·    an examination of possible constraints and implications for active open space development in regard to the existing drainage channel and service/utility lines between Bovell Park and Lot 40; and

·    a property condition report (from commissioned inspections by qualified contractors) for the existing dwelling and curtilage, including septic tanks and water supply/storage.

 

Importantly, there was no obvious evidence of site contamination (asbestos, chemicals, scrap iron, fuel etc.) identified, either in desktop Landgate data, or revealed during the physical inspection of Lot 40 in May 2015.

 

The results of the DUE DILIGENCE investigations undertaken by officers are outlined below.

 


 

1.      Environment and Habitat

 

The vegetation on Lot 40 consists of mature to senescent Peppermint, Flooded Gum and Marri trees which are a remnant of the Eucalyptus rudis, Corymbia calophylla, Agonis flexuosa Closed Low Forest vegetation complex that would have existed on the property prior to European settlement. This is a Priority 1 vegetation community; however, as the trees are the only remaining plants and the understorey has been completely replaced with pasture, the vegetation unit has very little conservation value from a vegetation community perspective.

The trees on the property are very old and large and, as such, potentially provide habitat (nesting hollows and food) for fauna, including ‘Threatened’ fauna such as the Western Ringtail Possum (WRP). Some evidence of WRP was found in two of the largest Peppermint trees on Lot 40 during site inspection.

 

The Federal Department of Environment has categorized land in the subject area as ‘Primary Corridor’, which means it is an area where WRP habitat has largely been removed but, because of the soil types and proximity to other habitat areas, it nevertheless has remaining potential to provide connectivity between other areas of core habitat, thereby improving opportunities for dispersal.

Over time, the objective would be to consolidate the existing habitat in this locality and introduce additional high quality habitat to replace that lost from the area.  This means that provision should be made in any future plans for the extension southwards of Bovell Park for a ‘vegetation corridor’ linking existing and potential future patches of remnant vegetation.

 

In respect to Lot 40, the following illustration indicates where vegetation linkages could be retained/introduced to address the objectives of the Federal Department of Environment’s ‘Significant Impact Guidelines’ objectives in any recognised primary corridor area:

 

Under current environmental legislation and guidelines, ithere are not expected to be any major impediments to, or cost-prohibitive procedural requirements generated by, the clearing of any remnant vegetation on Lot 40 to facilitate the future southern expansion of Bovell Park. Clearing  could, however, result in the (albeit very limited) loss of WRP habitatand it is recognised that linkages for WRP movement and dispersal may  be required in this locality – including as part of the planning and development of the Bovell UGA (regardless of whether the City acquires Lot 40 at this stage, or not).

 

2.      Active Open Space Development ‘Scenarios’ (Expansion / re-development of Bovell Park) 

 

In order to consider the practical benefits and strategic merit of the purchase of Lot 40, especially in relation to any potential future expansion southwards of Bovell Park, several schematic design layouts were developed by Officers to illustrate feasible alternatives for the consolidation and integration of contiguous active open space areas.

 

These schematic design layouts are shown at Attachment B and show:

 

1.    The potential development of Lot 40 – showing viability of ovals, access, car-parking and with the existing house remaining;

2.    The potential development of Lot 40 – showing viability of ovals, access, car-parking and with existing house removed; and

3.    The potential development of Lot 40 and adjoining land to be potentially ceded through the future urban growth and development of Bovell – being the southern expansion of Bovell Park showing possible layout of ovals, access, car-parking and with existing house removed.

 

A further design layout was prepared to demonstrate that the southern expansion of Bovell Park could be consolidated effectively and efficiently with newly master-planned active open space development along the existing western flank of Bovell Park. This is depicted at Attachment C.

 

Also shown on Attachment C is an alternative oval layout on Lot 40, illustrating a further option utilizing existing access at the south-eastern corner of Bovell Park and providing a carriageway across the open drainage channel (which would be filled and piped) to car parking facilities. Existing servicing locations along the common boundary between Bovell Park and Lot 40 are also indicated.

 

These servicing locations are discussed below.

 

3.      Servicing Locations (Design / Development Implications)

 

Power transmission lines:

 

Overhead power transmission lines cross into the south-eastern corner of Bovell Park from Vasse Highway, to provide power to the existing hockey club facilities. In order to enable a contiguous extension of grassed open space from Bovell Park southwards into Lot 40, it would be necessary to remove these lines and ‘underground’ that power supply connection. 

 

Western Power has advised that to remove the existing transmission lines and install a new ground mount transformer on the boundary (such that underground power could be connected into it to supply the hockey club facilities) would cost in the order of $80,000.

 

To trench and install underground the power supply to service the hockey club facilities, in place of the overhead transmission lines, is estimated (internally) to cost around $15-20,000; meaning a potential total cost of around $100,000 to introduce underground power to enable the unfettered strategic expansion of active open space in that vicinity.

 

High Pressure Sewer Main:  

 

A high pressure sewer main runs along the northern side of the open drainage channel at the southern boundary of Bovell Park, connecting the Country Road Estate and residential development east of Vasse Highway at Yalyalup. This sewer main is protected by an easement across the City-owned property (Bovell Park).

 

Informal advice from the Water Corporation has suggested that there would be no significant issue with the City constructing grassed sporting areas, and even a vehicular access carriageway (e.g. as shown in alternative oval layout for Lot 40 at Attachment B), across this high pressure sewer main.

 

Access for heavy vehicles, such as trucks, or the construction of car parking or buildings on or across the sewer main, would NOT be likely to be supported by the WC. This would be because of the need to protect the structural integrity of the main and ensure unrestricted maintenance access to the main, if and as required.

 

In terms of accommodating prospective oval expansion layouts in the subject part of Bovell Park, the Water Corporation would need to relocate an existing scouring pit to prevent interference with oval construction and active use. The estimated cost of the scouring pit removal, backfill and compacting would be approximately $3,000.   

 

Drainage Channel 

 

There are options available to contend with the existing physical ‘barrier’ imposed by the open drainage channel along the southern boundary of Bovell Park: for example, the channel could be diverted around the southern expansion areas (Lot 40 and adjoining land to potentially be ceded as part of the future structure planning and urban development of the Bovell UGA).

 

Preferably, however, the drainage channel (which accepts runoff from the current Bovell Park development) would be filled in and levelled, with piped sub-surface drainage introduced and ‘married in’ to oval construction and development works in the future. The cost of doing this would be incorporated into the detailed engineering design and budgeted works costs of future oval construction.    

 

Water Supply

 

The current groundwater allocation and bore capacity in the operational control of the City at Bovell Park will readily service an expansion of all active open space areas and facilities mooted within this report; both within the existing Bovell Park, and within any prospective future (8-10 hectare) southern expansion of Bovell Park southwards.    

 

4.         Property Condition Report

 

A series of assessments of the condition, security and safety of the existing residential premises and curtilage on Lot 40 was commissioned by the City in July 2015. The resultant inspections involved reporting on structural engineering, termites and pests, electrical, and plumbing (including septic tanks and potable water supply/storage), and has been summarized below:  

 

Note:     Smoke alarms and Residual Current Devices are required, under State Government          Regulations, to be installed (and to meet ‘deemed to satisfy provisions’) by settlement of any            acquisition. 

 

A.     Structural engineering (Cotan Pty Ltd)

 

Concluded that the residence on Lot 40 is ‘structurally sound’ with roof framing observed to be in good condition and roof cladding recently installed. There were issues identified during inspection, however, that were recommended as requiring rectification. These were:

 

·   Asbestos             

 

External wall cladding is Hardieplank and eaves lining is Hardieflex. Asbestos was ‘phased out’ in these products from 1981 onwards (residence constructed circa 1978). It is difficult to determine from visual inspection if these contain asbestos or not. The safest course of action is to assume that they do and ensure that all fibro products are painted to seal in fibres, should they exist, prior to letting out the premises.

 

Some external barge capping is asbestos and caution should be taken if working in wet areas where asbestos containing Versilux and Tilux may have been used.

 

·   Termite Ingress                

 

Termite ingress has occurred in the residence, with some damage to plasterboard and windows observed. ‘Exterra’ termite bait boxes have been fixed to walls in lounge room and also externally.

 

There was no evidence of live termite activity, although this is difficult to judge by visual inspection due to paving areas built to level of bottom of Hardiflex cladding and garden beds in places elevated above the height of the bottom of the cladding. This, together with downpipes discharging directly onto the ground alongside the building (gutters blocked with leaves and overflowing), result in moist soil conditions and ideal entry points for termites.

 

Recommended continuing baiting program, reduction of garden beds to perimeter of building (to at least 150mm below bottom edge of wall cladding), down pipes to be piped away to discharge water well clear of building. Lowering of paved areas to provide visual separation between ground level and bottom of cladding also recommended, but this may be more cost restrictive. 

 

·   Cracks and Water Damage to Ceilings

Maintenance works recommended to screw ceiling lining to timber joists, repaint etc. Aesthetic more than structural issues. No evidence that previous roof leaks still exist (roof re-cladded in recent years) and no structural members in roof at risk.

 

·   Timber Fascias

Some timber fascias, whilst not structural elements, are in poor condition and should be replaced. Others require re-painting to prevent the ingress of moisture.

 

·   Insulation 

Roof sheeting and internal ceiling frame are uninsulated, as are masonry walls and verandah ceiling lining.    

 

B.     Visual Termite Inspection (in accordance with AS 3660.2-2000) (Busselton Pest Control)

 

Inspection revealed that building has had termite intrusion in skirting of front bedroom and walls in loungeroom. Visual above ground ‘Exterra’ stations evident and monitoring and maintenance of these recommended. Water release areas alongside or near the building (down pipes, hot water heater etc) need to be drained away / kept moisture-free as wet areas are highly conducive to termite activity. No live insect termite activity observed during inspection. 

 

C.     Plumbing and Gas (Ambergate Plumbing)

 

All domestic gas and water fixtures and functionality in good order. Septic tank levels normal. Well pump working normally. Recommend testing water potability as sourced from well. 

 

D.     Electrical (Rob Mildwaters Electrical)

 

The property electrical installation is generally in good condition and compliant in regard to RCD and Smoke Detection devices. Power supply to shed has been disconnected. Non-compliancy issues, essentially minor, were assessed as follows:

 

·   A general purpose outlet (GPO) located over stove top is prohibited and should be moved;

·   All ceiling join conduits should be housed in an approved junction box;

·   Pump cover and electric fence unit are sub-standard;

·   Earth stakes to main switch board should be verified as being fully compliant.

 

5.         Summary of DUE DILIGENCE

 

In undertaking all reasonable due diligence in relation to the prospective purchase of Lot 40, it was observed that:

 

·   there is no clear evidence of any site contamination (asbestos, chemicals, scrap iron, fuel etc);

·   there are no environmental constraints affecting the property that cannot be readily addressed as part of normal planning procedures;

·   the relocation/undergrounding of overhead transmission lines in the south-east corner of Bovell Park, to accommodate the southern expansion and future optimum development of active open space facilities into Lot 40, could be achieved for an estimated total cost of $100,000;

·   the reconfiguration (piping, filling, levelling, redesign as sub-surface drainage etc) of the open drainage channel forming the current boundary between Bovell Park and Lot 40 could be accommodated as part of the future design and funding of oval development on Lot 40;

·   there are no other obvious impediments or constraints to the future southern expansion of Bovell Park;   

·   the existing premises on Lot 40 are essentially structurally sound and functional, although certain rectification and improvement works identified in due diligence inspections should be carried out by the City ahead of securing a long-term residential tenancy (until such time as Lot 40 is ready for development and the premises are removed). The estimated likely costs of these works has not been calculated, although will not be substantial in the overall context of the proposed acquisition.

 

Strategic Funding

 

As part of investigations into sourcing strategic funding to finance the future planning and development of Lot 40, and the corresponding southern expansion of the active open space facilities on Bovell Park, it is recommended that a comprehensive review of the ‘City of Busselton Developer Contributions Plan (2008)’ be conducted. Part of that review would entail identifying funds that can be allocated from existing holdings in addition to expected fuitre income in line with existing policy, the other key part is a broader review, examining potential future needs and funding, and amending policies to reflect that review. Along with that process, an investigation into the potential ‘re-allocation’ of developer contribution funds from the Yalyalup DCSP (2010) - most notably in respect to a re-assessment of the scale, scope and level of funds historically allocated for the construction of a ‘multi-purpose community centre’ - could be undertaken.

 

In accordance with discussions with the Finance Committee, City Officers will also investigate the best ways and means of funding the lump-sum (re)payment of the principal loan sourced to finance the strategic acquisition of Lot 40. This lump sum repayment will be due 10 years from the date of settlement of the property transaction.

 

Strategic Planning

 

Several strategic planning matters relevant to the acquisition of Lot 40 and the future southern expansion of the active recreation facilities at Sir Stewart Bovell Park, will be (or will continue to be) considered and investigated by Officers, including (but not limited to):

 

1.         The timely provision and location of active open space resources to service the neighbouring Yalyalup urban growth area; which could have a potential residential population of > 7,000 people and resultant need for the provision of two x senior ovals (only one oval has been provided in current structure planning);

2.         The potential ‘early ceding’ of the 4-6 hectare parcel of land (previously discussed in this report) adjoining the western boundary of Lot 40 and the southern boundary of Bovell Park; including liaison with the landowners about future intentions and aspirations for their properties;

3.         The relationship of Bovell Park with those potential recreational facilities shown in the endorsed Active Open Space Recommendations (2013) at Rendezvous Road (the development of which is likely to be in the longer term, compared to the prospective development for regional-level facilities at Bovell Park).       

 

It is worth noting that Bovell Park is the only existing City recreational facility that is adjoined by potentially acquirable and developable land and, as such, other than the Rendezvous Road site or another entirely new site, is the only location where recreational facilities could be developed at a ‘regional scale’. The securing of Lot 40 is a very important, if not vital, element of being able to expand and develop Bovell Park.

 

CONCLUSION

 

A timely opportunity has arisen for the City to acquire a 4 hectare, ‘Agriculture’-zoned property (including an existing premises which could be leased out for residential tenancy) abutting the southern end of Sir Stewart Bovell Park.

 

Lot 40 Vasse Highway, Bovell has been identified in the City’s adopted Active Open Space Recommendations (2013) and draft Local Planning Strategy (2013) as being within a potential strategic expansion area for major outdoor sporting and recreation facilities (effectively, the extension southwards of Bovell Park).

 

After informally  discussing the matter with  the Finance Committee on 4 June 2015, and having since completed all reasonable due diligence to inform and confirm the strategic merit and value of Lot 40, it is now recommended that the Council authorize the Chief Executive Officer to formally exercise the current ‘option to purchase’ that has been accepted by the vendor (for $850,000 exclusive of GST) on behalf of the City.      

 

OPTIONS

 

Should the Council NOT support the prospective purchase of Lot 40 Vasse Highway, for $850,000 (exclusive of GST), it could potentially:

 

A)   Support a lesser amount being offered by the City for the purchase of the subject property; or

B)    ‘Defer’ the strategic initiative to purchase, at this time, the subject property for future planned development and use by the City as active open space (through the southern extension of Bovell Park).

 

In respect to A), a revised ‘option to purchase’ would need to be negotiated with the vendor, with no certainty that this would be accepted (were this to prove to be the case, the prospective purchase could fail and the requisite ‘option fee’ of $5,000 be forfeited.)

 

In respect to B), the City would be obliged to withdraw the current ‘option to purchase’ and forfeit the ‘option fee’ of $5,000.

 

In both scenarios, the future southern expansion of Bovell Park - to facilitate the potential staged extension of local- and district-level active open space facilities into a regional-level asset - would be either ‘postponed’ in a strategic sense (making it more difficult to coordinate and secure at a later stage), or be effectively ‘discounted’ as a strategic option.   

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Council support the Officer Recommendation, the City’s Legal Services Coordinator will coordinate the purchase of the property by the City, on or before the settlement date agreed on the current ‘option to purchase’ (being 7 October 2015).    

 

OFFICER RECOMMENDATION

 

That the Council resolve to:

 

1.            Exercise the ‘option to purchase’ entered into by the City for the acquisition of Lot 40 Vasse Highway, Bovell (for future development and use as an active sporting and recreation area within a southern expansion of Sir Stewart Bovell Park) for $850,000 exclusive of GST; and

 

2.            Undertake a comprehensive review of the ‘City of Busselton Developer Contributions Plan (2008)’; including prospective funding and development of active open space facilities in a contiguous (8-10 hectare, including Lot 40) southern expansion of Sir Stewart Bovell Park, and the payment of the loan principal associated with acquisition of Lot 40.

 

 

 

 


Council

119

12 August 2015

11.2

Attachment a

Lot 40 Vasse Hway Long Term Financial Plan Scenario

 

LOT 40 VASSE HWAY LONG TERM FINANCIAL PLAN SCENARIO

Description

2015/ 2016 Forecast

2016 / 2017 Forecast

2017 / 2018 Forecast

2018 / 2019 Forecast

2019 / 2020 Forecast

2020 / 2021 Forecast

2021 / 2022 Forecast

2022 / 2023 Forecast

2023 / 2024 Forecast

2024 / 2025 Forecast

Total

 

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

 

 

$

$

$

$

$

$

$

$

$

 

$

Expenditure

893,330

58,159

58,559

58,972

59,400

59,843

60,301

60,776

61,267

876,782

2,247,388

 

 

 

 

 

 

 

 

 

 

 

 

Property acquisition

850,000

 

 

 

 

 

 

 

 

 

850,000

 

 

 

 

 

 

 

 

 

 

 

 

Loan repayments

35,060

46,747

46,747

46,747

46,747

46,747

46,747

46,747

46,747

861,753

1,270,787

 

 

 

 

 

 

 

 

 

 

 

 

Management and maintenance costs total

8,270

11,413

11,812

12,225

12,653

13,096

13,555

14,029

14,520

15,028

126,601

 

 

 

 

 

 

 

 

 

 

 

 

Income

893,330

21,528

22,281

23,061

23,868

24,704

25,569

26,463

27,390

28,348

1,116,543

 

 

 

 

 

 

 

 

 

 

 

 

Loan proceeds

850,000

 

 

 

 

 

 

 

 

 

850,000

 

 

 

 

 

 

 

 

 

 

 

 

Community Facilities District Contribution

32,930

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rental income

10,400

21,528

22,281

23,061

23,868

24,704

25,569

26,463

27,390

28,348

233,613

 

 

 

 

 

 

 

 

 

 

 

 

Net

0

-36,631

-36,277

-35,911

-35,532

-35,139

-34,733

-34,312

-33,877

-848,433

-1,130,845

 


Council

119

12 August 2015

11.2

Attachment b

Oval Configuration Concept Sketches - Southern Expansion of Bovell Park

 

Potential development of Lot 40 – showing viability of contiguous ovals, access, car-parking and changing rooms, with existing house and curtilage remaining. 1 

Potential development of Lot 40 – showing viability of contiguous ovals, access, car-parking and changing rooms, with existing house and curtilage removed. 2

Potential development of Lot 40 AND adjoining land to the west (to be ceded with the future urban growth of Bovell) – feasible southern expansion of Bovell Park showing viability of contiguous ovals, access, car-parking and changing rooms, with existing house and curtilage removed.3


Council

119

12 August 2015

11.2

Attachment c

Oval Configuration Concept Sketches - Bovell Park West and Lot 40 (Alternative)

 

Potential contiguous expansion of active open space areas and associated facilities at Sir Stuart Bovell Park:
Southern expansion: Lot 40 and adjoining land to be ceded - 2 x AFL/cricket ovals and 5 x soccer ovals;
Western development: 1 x AFL oval, 1 x cricket oval, 2 x soccer ovals and 4 x hockey  ovals

 

Alternative oval layout on Lot 40, showing utilisation of existing road access at south-eastern corner of Bovell Park, with carriageway extending across drainage channel (to, potentially, be filled and levelled, and replaced with sub-soil drainage) to car parking areas.


Council                                                                                      125                                                               12 August 2015

11.3           MANAGEMENT OF DOGS IN PUBLIC PLACES, INCLUDING BEACHES - CONSIDERATION OF REVISED PROPOSALS RELATING TO SMITHS BEACH, EAGLE BAY AND OLD DUNSBOROUGH ONLY, FOLLOWING CONSULTATION

SUBJECT INDEX:

Animal Management

STRATEGIC OBJECTIVE:

A Council that engages broadly and proactively with the community.

BUSINESS UNIT:

Development Services; Environmental Services

ACTIVITY UNIT:

Rangers and Emergency Services

REPORTING OFFICER:

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Council Resolution Management of Dogs In Public Places, Including Beaches ‐ Consideration Draft Proposals, Following Consultation 22 April 2015

Attachment b    Dog Management Areas on Beaches

Attachment c    Dogs Further Consultation Questionnaire

Attachment d   List of Submitters Names

Attachment e    SurveyResultsQ1-16 Summaries

Attachment f    Questionnaire Comments

Attachment g   Submissions in other forms  

  

 

PRÉCIS

 

Following the undertaking of further consultation in relation to the proposed approach to management of dogs on some small, specific sections of the City’s coast, the Council is asked to consider the outcomes of the consultation process and make final decisions in relation to the approach to be implemented for those sections of the coast.

 

 

BACKGROUND

 

At its ordinary meeting of 22 April 2015 and following the undertaking of extensive consultation in early 2015, the Council considered a comprehensive set of draft proposals relating to the management of dogs in public places across the District, including beaches. At that time, the Council resolved to adopt the proposals in final form, subject to some relatively minor changes, which reflected consideration of the outcomes of the consultation process. At that time, the Council also, however, resolved to adopt some further changes in draft form only, and to undertake further consultation before making any final decision about the approach to management of dogs in the affected locations. A copy of the resolution made by the Council at that time is provided as Attachment A.

 

The affected locations are beach areas at Smiths Beach, Bunker Bay, Eagle Bay and portion of the beach adjoining Old Dunsborough/northern Dunsborough. It is now proposed that the Council adopt those revised proposals in final form, unchanged other than a minor change in relation to Eagle Bay, reflecting the clear preference of most submitters, as well as reflecting feedback from the Residents of Eagle Bay Association (REBA). The proposals are set in more detail below, and the outcomes of the consultation process are outlined more substantially in the ‘Consultation’ section of this report.

 

Councillors will recall that the proposals adopted in April divided the City’s beaches (other than those adjoining National Park, which are not managed by the City) into three categories, as follows –

 

·        ‘Prohibited’, which means that dogs are prohibited at all times (except assistance dogs and other dogs exempted by State and Commonwealth law);

·        ‘Exercise’, which means that dogs are permitted, including off-leash, at all times, except when approved, organised events are taking place, wherein dogs are to be prohibited, unless specifically permitted by the City (except assistance dogs and other dogs exempted by State and Commonwealth law); and

·        ‘Seasonal’, which  means that dogs are permitted as per ‘Exercise Areas’, except between 9am and 5pm during the period 1 December to 28 February inclusive, when they are prohibited as per ‘Prohibited Areas’.

 

The draft proposals adopted for consultation purposes in April proposed identifying beach areas in the respective locations as follows –

 

1.         Smiths Beach: Gunyulgup Brook to rocks at western end of beach – Seasonal.

2.         Eagle Bay:

(a)  Access path to the beach from car park immediately to the east of the Eagle Bay urban area, extending to Jingarmup Brook and then 450 metres to the north – Exercise; and

(b)  From 450 metres north of Jingarmup Brook to beach access path adjacent Bunker Bay Café – Prohibited.

3.         Old Dunsborough/northern Dunsborough:

(a)  A point parallel with the end of Vincent Street to a point parallel with the end of Bay View Crescent – Exercise;

(b)  A point parallel with the end of Bay View Crescent to a point 50 metres to the north-east of the Old Dunsborough Boat Ramp – Prohibited.

 

A plan identifying the draft proposals, in the context of the overall approach to management of dogs on beaches, as well as identifying the further, minor change now proposed (and described in the paragraph below), is provided as Attachment B.

 

Reflecting consideration of the outcomes of the consultation process, one minor change is proposed before the revised proposals are adopted in final form, specifically, the shifting of the boundary between the Exercise and Prohibited areas at Eagle Bay from the access path to the beach from the car park immediately to the east of the Eagle Bay urban area to Jingarmup Brook – so that the Brook itself would be the boundary between the two designations. The rationale for this proposed change is set out in the ‘Officer Comment’ section of this report.

 

STATUTORY ENVIRONMENT

 

The relevant statutory environment was set out in some detail in the report presented to the Council’s 22 April 2015 meeting.

 

RELEVANT PLANS AND POLICIES

 

The Meelup Regional Park Management Plan and several foreshore and reserve management plans are relevant to consideration of this issue. Those plans have been considered in developing the recommendations of this report.

 

FINANCIAL IMPLICATIONS

 

The financial implications associated with this issue were discussed in the report presented to the Council’s 22 April 2015 meeting, and neither the revised proposals relating to a small number of affected areas only, nor the further minor change now proposed, have any further financial implications of any significance.

 

Long-term Financial Plan Implications

 

There are no direct Long-term Financial Implications of the recommendations of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Strategic Community Objective 6.1 of the City’s Strategic Community Plan, which is “A Council that engages broadly and proactively with the community”.

 

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. Risks are only identified where the residual risk, once controls are identified, is ‘medium’ or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk associated with adoption of dog management controls that are not supported by significant elements of the community. Given the divergence of views and level of interest within the community, the risk is very difficult to avoid.

Adopt balanced proposals, and implement in a positive, consistent fashion. Once proposals have been implemented for a reasonable period, undertake a review and adjust if considered necessary.

Minor

Likely

Medium

 

CONSULTATION

 

The revised draft proposals adopted by the Council in April were subject of community consultation, with the consultation period commencing on 29 May 2015 and closing on 19 June 2015 – note though that some submissions were received and accepted after this date, and have been collated and analysed together with the submissions received during the advertised consultation period, provided they were received in time for the preparation of this report. Due to issues with the mail merge process for sending letters to nearby landowners in Old Dunsborough only, letters were sent to those landowners later than had been planned, and the letters sent to those landowners provided until 26 June 2015 to provide comment.

 

The consultation programme involved –

·        Publication of a formal advertisement in the Council for Community pages in the Busselton Dunsborough Times on 29 May 2015;

·        Publication of information on the City’s website;

·        Distribution by email of correspondence direct to representative community bodies (such as residents’ associations and sporting groups);

·        Letters to owners of properties within the whole of Eagle Bay townsite, the Smiths Beach settlement and those within 200 metres of the beach areas subject of the revised proposals in Old Dunsborough; and

·        Development of a questionnaire to assist with the making, collation and analyzing of submissions, available in both online and hard copy formats – and a copy of the hard copy questionnaire, which has exactly the same questions as the online format questionnaire, is included as Attachment C.

 

It should be noted that where hard copy questionnaires were received, City staff have entered the questionnaire responses into the online questionnaire - to facilitate the collation and analysis of both the online and hard copy responses in a consistent manner.

 

A total of 77 submissions in the form of the questionnaires were received, as well as 5 submissions in other forms, where the submitter did not also provide a submission in the form of the questionnaire.

 

Attachment D provides a list of names of all submitters, including whether they made a submission in the form of the questionnaire or not. Attachment E sets out the overall results of all of the quantitative/multiple choice type questions in the questionnaire. Attachment F sets out all of the written comments provided, but does not provide the names, addresses or contact details of the submitters that made particular comments. Copies of all of the submissions received, including names and other personal details provided, can be provided to Councillors on request. It may also be possible to provide further breakdown and analysis of the submissions received, if that is required.

 

A consistent message provided throughout the consultation process was that submissions must be in the form of the questionnaire, either online or hard copy. Where submissions in other forms were received, the submitters were advised of the need to make their submission in the form of the questionnaire, and in most cases the submitters have done so. Where submitters have provided a submission in a different form and have not also or subsequently completed the questionnaire, those submitters’ submissions have been collated separately, and are reported on separately as Attachment G, including submissions received from representative community bodies (such as residents’ associations and sporting groups).

 

OFFICER COMMENT

 

In comparison with the response to the broader proposals subject of consultation earlier in the year, when in excess of 1,200 submissions was received and there was a very high level of community interest, the level of response and interest with respect to the revised proposals has been much lower, with only 81 submissions received. Whilst that may substantially be a reflection of the fact that the revised proposals only affected relatively small areas and did not affect beaches adjacent to the Busselton-Vasse urban area at all, it should be noted that, because of the tighter geographical focus of the revised proposals, letters were sent to owners of properties within proximity of the affected areas – that did not occur with the earlier round of consultation. It is considered that had letters not been sent to nearby landowners, the level of response would have been significantly lower again.

 

Having reviewed the outcomes of the consultation process, officers are of the view that, with one exception (being portion of the beach at Eagle Bay, outlined further below), there are no clear or strong messages that would support further changes to the revised proposals prior to their adoption in final form. Whilst there are a number of submissions indicating a preference for changes, there is a balance between those who would prefer more restrictions on when and where dogs may be taken, and those who would prefer less restrictions – perhaps indicating that the revised proposals strike a reasonable balance between the competing interests and values that necessarily have to be considered and appropriately balanced in determining direction on this issue, which is one where it is simply not possible to please everyone.

 

The consultation responses do, however, provide a fairly clear and strong message that the proposed boundary between prohibited and exercise areas at Eagle Bay should be shifted from the access path to the beach from the car park immediately to the east of the Eagle Bay urban area to Jingarmup Brook – so that the Brook itself would be the boundary between the two designations. The effect of that change is to extend the prohibited area by approximately 350 metres, and reduce the extent of the exercise area by an equal amount. Whilst in most cases creeks or brooks, or other places where those with dogs are unable to access or egress the beach are not seen as appropriate locations for transitions between different designations, that is seen as much less of a concern in Eagle Bay than in other locations, as the broader pattern of the landscape and dog management controls are such that long walks along the coast with a dog are not possible anyway.

 

With respect to the revised proposals relating to Smiths Beach and Old Dunsborough/northern Dunsborough, as noted above, there are no clear or strong messages in support of particular changes. It is worth noting, however, that some submissions indicate a preference for identification of a portion of Smiths Beach as exercise area, allowing people to take their dogs to the beach year round, at any time of the day, whilst retaining a seasonal designation on portion of the beach.

 

Officers are of the opinion that is a reasonable view, but would be very difficult to implement at the present time, as there is no suitable transition point within the section of the coast managed by the City – as such it is considered that the same designation needs to apply to the whole of that section of the beach managed by the City. The seasonal designation set out in the revised proposals adopted by the Council in April is still considered to be the most appropriate designation for Smiths Beach, as it allows dogs to be exercised off leash most of the time, but prohibits dogs during the daytime in summer, when those who would like to enjoy the beach dog free are most likely to want to do so.

 

Given the above, it is recommended that the Council adopt the proposals, subject to the one modification described above, for final approval. It is also recommended that the Council clarify that it has already adopted the proposal for a short section of Bunker Bay, which the previous Council report clearly described as being proposed for final adoption, but the officer recommendation erroneously identified as being subject to further consultation prior to final adoption – the affected area is the short section of coast from the beach access path adjacent Bunker Bay Café to the northern end of Bunker Bay where Leeuwin-Naturaliste National Park begins, the preferred approach to which, as reflected in the outcomes of the previous round of consultation, was identification as an exercise area.

 

CONCLUSION

 

The recommended approach is seen as providing for the appropriate balancing of the broad range of values and interests that need to be considered, and to provide a positive path forward.

 

OPTIONS

 

There is clearly a number of options that the Council could consider in relation to this issue. It is considered that the key issues and options have been identified and analysed in the report. Should Councillors want any assistance in the drafting of an alternative recommendation, however, officers are obviously available to assist in accordance with normal practice.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the proposals, including the more substantial proposals adopted in April, will occur to allow for the commencement of controls on beach areas for the coming summer. City officers will provide further informal briefings to the Council on progress with and the intended approach to implementation in coming months.

 

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council resolves, pursuant to section 31 of the Dog Act 1976, subject to any other written law and any law of the Commonwealth about assistance animals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2), to adopt for final approval, and implement following publication of appropriate notification, a proposed approach to dog management areas as follows –

 

Segment

Description

Proposed category

29B.

A point parallel with the end of Vincent Street to a point parallel with the end of Bay View Crescent

Exercise

29C.

A point parallel with the end of Bay View Crescent to a point 50 metres to the north-east of the Old Dunsborough Boat Ramp

Prohibited

30.

Southern boundary of Meelup Regional Park to Jingarmup Brook

Prohibited

32.

From Jingarmup Brook extending  450 metres to the north

Exercise

33B.

Beach access path adjacent Bunker Bay Café to northern end of Bunker Bay where Leeuwin Naturaliste National Park begins

Exercise

35.

Gunyulgup Brook to rocks at western end of beach (Smiths Beach).

Seasonal

 


Council

149

12 August 2015

11.3

Attachment a

Council Resolution Management of Dogs In Public Places, Including Beaches ‐ Consideration Draft Proposals, Following Consultation 22 April 2015

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

149

12 August 2015

11.3

Attachment b

Dog Management Areas on Beaches

 


Council

155

12 August 2015

11.3

Attachment c

Dogs Further Consultation Questionnaire

 


 


 


 


 


 


 


Council

159

12 August 2015

11.3

Attachment d

List of Submitters Names

 


 


Council

175

12 August 2015

11.3

Attachment e

SurveyResultsQ1-16 Summaries