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Council  Agenda

 

 

 

14 October 2015

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 14 October 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, 14 October 2015, commencing at 5.30pm .

 

Your attendance is respectfully requested.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

2 October 2015


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 14 October 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 23 September 2015. 5

Committee Meetings. 5

9.2          Minutes of the Busselton Settlement Art Project Steering Committee held 10 September 2015. 5

9.3          Minutes of the Policy and Legislation Committee held 17 September 2015. 6

9.4          Minutes of the Airport Advisory Committee held 23 September 2015. 6

9.5          Minutes of the Special Meelup Regional Park Management Committee held 29 September 2015. 7

10..... Reports of Committee. 8

10.1        Settlement Art Project Steering Committee - 10/09/2015 - SETTLEMENT ART PROJECT. 8

10.2        Policy and Legislation Committee - 17/09/2015 - WASTE LOCAL LAW 2015. 11

10.3        Policy and Legislation Committee - 17/09/2015 - SPONSORSHIP POLICY. 33

10.4        Policy and Legislation Committee - 17/09/2015 - TRADING IN PUBLIC PLACES POLICY REVIEW.. 39

10.5        Policy and Legislation Committee - 17/09/2015 - SHARK HAZARD RESPONSE POLICY. 52

10.6        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - AIRPORT UPDATE. 62

10.7        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - WAIVER OF LANDING FEES. 67

10.8        Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT- MARGARET RIVER BUSSELTON TOURISM ASSOCIATION LICENCE AGREEMENT. 81

10.9        Meelup Regional Park Management Committee - 29/09/2015 - REVIEW OF COMMITTEE TERMS OF REFERENCE AND MEELUP GOVERNANCE/ MANAGEMENT ARRANGEMENTS. 109

11..... Planning and Development Services Report. 146

11.1        AMENDMENT 5 TO LOCAL PLANNING SCHEME 21 - INTRODUCTION OF A SPECIAL PROVISION AREA TO PERMIT AN UNRESTRICTED LENGTH OF STAY - WYNDHAM VACATION RESORT - CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL. 146

11.2        NOTICE OF CERTAIN MATTERS IN REGARD TO THE PERON NATURALISTE PARTNERSHIP (PNP) BEING: NOTICE OF INCORPORATION, NOTICE OF ELECTED INTERIM OFFICE BEARERS AND NOTICE OF REQUESTED ENDORSEMENT OF MEMORANDUM OF UNDERSTANDING.. 164

11.3        DA15/0378:PROPOSED OUTBUILDING: LOT 92 SHALLOWS LOOP YALLINGUP. 195

11.4        AMENDMENT NO.6 - LOT 3 (500) BUSSELL HIGHWAY, BROADWATER. 213

12..... Engineering and Works Services Report. 225

Nil

13..... Community and Commercial Services Report. 226

13.1        GLC ALLIED HEALTH PROFESSIONAL SUITES. 226

13.2        MARKETING AND EVENTS REFERENCE GROUP OUTCOMES. 264

14..... Finance and Corporate Services Report. 280

Nil

15..... Chief Executive Officer's Report. 281

15.1        REVIEW OF COUNCIL COMMITTEES PROPOSED FOR RE-ESTABLISHMENT. 281

15.2        FINANCIAL ASSISTANCE GRANTS ADVOCACY PROGRAM... 320

15.3        COUNCILLORS' INFORMATION BULLETIN.. 322

16..... Motions of which Previous Notice has been Given.. 337

16.1        PROPOSAL TO INCREASE CONTRIBUTION TO SETTLEMENT ART PROJECT. 337

17..... Confidential Reports. 339

Nil

18..... Questions from Members. 339

19..... Public Question Time. 339

20..... Next Meeting Date. 339

21..... Closure. 339

 


Council                                                                                      5                                                                 14 October 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 23 September 2015

Recommendation

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

 

 

 

 

 

 

Committee Meetings

9.2             Minutes of the Busselton Settlement Art Project Steering Committee held 10 September 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Busselton Settlement Art Project Steering Committee held on 10 September 2015 be received.

 

2)    That the Council notes the outcomes of the Busselton Settlement Art Project Steering Committee held on 10 September 2015 being:

 

a)    The Settlement Art Project Item is presented for Council consideration at Item 10.1 of this agenda.

 

9.3             Minutes of the Policy and Legislation Committee held 17 September 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Policy and Legislation Committee held on 17 September 2015 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee held on 17 September 2015 being:

 

a)    The commencement of the law-making process, for the City of Busselton Waste Local Law 2015 Item is presented for Council consideration at Item 10.2 of this agenda.

 

b)    The Adoption of Policies for Sponsorship Item is presented for Council consideration at Item 10.3 of this agenda.

 

c)    The Adoption of Policies for 020 Trading in Public Places Policy Item is presented for Council consideration at Item 10.4 of this agenda.

 

d)    The Adoption of Policies for Shark Hazard Response Item is presented for Council consideration at Item 10.5 of this agenda.

 

9.4             Minutes of the Airport Advisory Committee held 23 September 2015

RECOMMENDATION

 

1)    That the minutes of a meeting of the Airport Advisory Committee held on 23 September 2015 be received.

 

2)    That the Council notes the outcomes of the Airport Advisory Committee meeting held on 23 September 2015 being:

 

a)    The Busselton Regional Airport – Airport Update Report Item is presented for Council consideration at Item 10.6 of this agenda.

 

b)    The Busselton Regional Airport Waiver of Landing Fees Item is presented for Council consideration at Item 10.7 of this agenda.

 

c)    The Busselton Regional Airport Margaret River Busselton Tourism Association Licence Agreement Item is presented for Council consideration at Item 10.8 of this agenda.

 

3)    That the Council accepts the recommendation of the Airport Advisory Committee and reaffirms the charging of aircraft landing fees as per the endorsed 2015/16 schedule of fees and charges on the basis that the Airport operates as a user pays facility and is reflective of the operations and management of other airports.

 

 

9.5             Minutes of the Special Meelup Regional Park Management Committee held 29 September 2015

RECOMMENDATION

 

1)    That the minutes of a special meeting of the Meelup Regional Park Management Committee held 29 September 2015 be received.

 

2)    That the Council notes the outcomes of the Meelup Regional Park Management Committee special meeting held 23 September 2015 being:

 

a)    The revised Committee Terms of Reference and Meelup Governance Management Arrangements Item is presented for Council consideration at Item 10.9 of this agenda.

 

 


Council                                                                                      9                                                                  14 October 2015

10.             Reports of Committee

10.1           Settlement Art Project Steering Committee - 10/09/2015 - SETTLEMENT ART PROJECT

SUBJECT INDEX:

Heritage: Local History; Busselton Settlement Art Steering Committee

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Cultural Services

REPORTING OFFICER:

Cultural Development Officer - Jacquie Happ

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Settlement Art Project Steering Committee at its meeting on 10 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Busselton Settlement Art Project is a public art initiative commemorating the successful establishment of Busselton as one of the first settlements outside Perth. The project involves the commissioning of six (6) life-sized bronze sculptures (one per year) at a total cost of approximately $770,000 (inc GST).

 

The purpose of this report is to seek Council endorsement for the ‘Spanish Settler’ as the fourth sculpture from the Busselton Settlement Art Project series.

 

 

BACKGROUND

 

In November 2011 Council awarded Tender 1/11 to Greg James (C1111/342) for the commissioning of BSAP sculptures. In June 2013, a formal committee of Council (BSAPSC) was established to provide a vehicle by which the commissioning of the sculptures could be overseen; and to initiate and coordinate fundraising activities (C1306/139).

 

At a formal meeting of the BSAPSC on 9 January 2014 (BSA1401/010) the Committee recommended that the order of commissioning for the first three sculptures be changed to:

 

1.    Whaler’s Wife

2.    Timber Worker

3.    John Garrett (JG) Bussell

 

The revised order of commission was endorsed by Council at its meeting on 12 February 2014 (C1402/018) in anticipation that there will adequate funding for the JG Bussell sculpture.

 

Two sculptures, the Whaler’s Wife and the Timber Worker, have been installed and officially unveiled.  There are now sufficient funds within the City’s 2015/16 adopted budget and the Busselton Settlement Appeal Account (managed and held by the National Trust) to commission the third sculpture being John Garrett Bussell.

 

The fourth sculpture to be commissioned in the series has been identified as the Spanish Settler. This has been discussed by the BSAPSC during its meetings and is recommended to be endorsed by the Council at its Ordinary meeting of 23 September 2015.

 

The Steering Committee are proposing to hold an event Friday 6 November 2015 to launch fundraising for the purposes of commissioning the Spanish Settler.

STATUTORY ENVIRONMENT

 

Under Section 5.8 of the Local Government Act 1995 (the Act), a local government, by absolute majority, may establish committees of three or more persons to assist the Council, and to exercise the powers and discharge the duties of the local government that can be delegated to committees. 

 

Authority can be delegated to formally constituted Committees of Council in accordance with Sections 5.16 and 5.17 of the Act.

 

Under Section 6.8 of the Act, expenditure that is not included in the annual budget requires a resolution in advance of the expenditure with Absolute Majority.

 

RELEVANT PLANS AND POLICIES

 

Social & Ageing Plan 2012 – 2020

It is a goal of the City’s Social and Ageing Plan (2010-2020) that our culture is celebrated, valued and retained. The installation of the BSAP is in line with this goal.

 

City of Busselton Corporate Business Plan

The BSAP is included in the City’s Corporate Business Plan.

 

FINANCIAL IMPLICATIONS

 

John Garrett Bussell sculpture

The cost of the John Garrett Bussell sculpture is $100,000 (ex GST).  The City’s financial contribution to the John Garrett Bussell sculpture will be $46,594, with the balance of $53,406 to be funded from the National Trust account.  $50,000 has been incorporated into the City’s 2015/16 adopted budget for the sculpture.

 

Long-term Financial Plan Implications

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter aligns with the City of Busselton Strategic Community Plan 2013 and principally with the following strategic goal:

 

Well Planned, Vibrant and Active Places

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

 

RISK ASSESSMENT

 

An assessment of the potential risks of implementing the Officer recommendation was undertaken, and as a result, no risks were rated as ‘medium’ or above were identified.

 

CONSULTATION

 

Consultation has been undertaken with members of the BSAPSC.  Consultation has also been ongoing with the Bussell family and key stakeholders identified for future sculptures yet to be commissioned.

 

The location of the John Garrett Bussell sculpture has been discussed with the Busselton Art Society who use part of the area for outside exhibitions.  They have expressed support with the proviso that it will still allow the area to be used for their purposes.

OFFICER COMMENT

 

All items within this report have been discussed at informal meetings of the BSAPSC held on 9 July and 13 August 2015.

 

The commissioning of the John Garrett Bussell sculpture is the next step in progressing the Busselton Settlement Art Project (BSAP). The sculpture is proposed to be installed on the pavement outside the Police Sargent’s Quarters on Queen Street, between the cottages leased by the Busselton Art Society and Acting Up.  The position was identified as central to the set of sculptures when completed, brings attention to the Busselton Art Society and is in an open and inviting part of the ArtGeo Gallery Cultural Complex. The position has been endorsed by the BSAPSC.

 

The Spanish Settler has been identified during informal meetings of the BSAPSC as the fourth sculpture for BSAP, due to the expectation by members of the BSAPSC that the wine industry will get behind the project and strongly identify with it. The other sculptures will be progressed as and when funds become available.

 

CONCLUSION

 

The commissioning of the John Garrett Bussell sculpture is the next logical stage in the progress of the BSAP and there is adequate funding to proceed in the 2015/16 financial year.

 

The Spanish Settler has been identified by the BSAPSC as the fourth sculpture in the series to be commissioned.

 

OPTIONS

 

The Council may chose not to endorse the fourth sculpture at this point in time.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed, the John Garrett Bussell sculpture will be commissioned and completed as soon as practicable.

 

The Spanish Settler will be promoted to the community as the fourth sculpture in the series.

 

Committee Recommendation and Officer Recommendation

 

That the Council:

 

1.    Endorses the Spanish Settler as the fourth sculpture to be commissioned when funds allow.

 

2.    Notes that:

a)         Greg James will be commissioned to undertake the next sculpture (John Garrett Bussell) as per TEN01/11 Settlement of Busselton Art Project (C1111/342) in the 2015/16 financial year;

b)        The John Garrett Bussell sculpture will be located on the pavement outside the Police Sargent’s Quarters on Queen Street Busselton.

c)         A fundraising event will be held on Friday 6 November to raise funds for the next sculpture.

 


Council                                                                                      11                                                               14 October 2015

10.2           Policy and Legislation Committee - 17/09/2015 - WASTE LOCAL LAW 2015

SUBJECT INDEX:

Local Laws

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Legal Officer - Briony McGinty

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Waste Local Law 2015  

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

Under the Local Government Act 1995 (the Act) local governments are required to carry out periodic reviews of their local laws to determine whether they should be repealed or amended. As part of the City’s ongoing review of its local laws, the need for an updated local law dealing specifically with waste has been identified.  It is recommended that Council repeal portions of the City’s current Health Local Law and adopt the new Waste Local Law 2015 (proposed local law).

 

             The proposed local law has been prepared for consideration by the Council to initiate the law-making process under the Act.

 

BACKGROUND

 

The Western Australian Local Government Association (WALGA) provides assistance to local governments in the implementation of local laws by creating “model” local laws. These model local laws provide a starting point in which to develop local laws suitable to the locality of the local government whilst ensuring that local laws across the State are generally similar when dealing with a particular subject matter.

 

Since the introduction of the Waste Avoidance and Resource Recovery Act 2007 (WARR Act) the subject matter of waste in local laws is now more appropriately dealt with using the WARR Act as the head of power.   WALGA received funding from the Waste Authority (created under the WARR Act) to develop a template Waste Local Law (model), following the disallowance by the Joint Standing Committee on Delegated Legislation (JSC) of a number of waste local laws prepared by local governments based on the previous WALGA template. The creation of a new model was done to address the concerns of the JSC and involved collaboration between the Waste Authority, the Department of Local Government and Communities (Department), the JSC, and lawyers experienced in drafting local laws.

 

Certain sections of the model are intended to replace parts of the current Health Local Law (Health Local Law) as they relate to waste. The Health Local Law is outdated and derives its authority from the also outdated Health Act 1911 (Health Act).   Many local governments have been waiting on the Health Act to be updated prior to amending their health local laws. The Health Act is currently under review and a new Public Health Bill is before the parliament. Once the Bill has been enacted the City will commence an overall review of the remainder of the Health Local Law.

 

STATUTORY ENVIRONMENT

 

             Section 3.5 of the Act and section 64 of the WARR Act provide the heads of power for the Council to make the proposed local law.

 

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

 

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

 

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

                             

The purpose and effect of the proposed local law is as follows:

 

Purpose: The purpose of the local law is to provide for the regulation, control and management of activities and issues relating to waste collection, recycling, reuse and disposal within the district.

 

Effect: The effect of the local law is to control activities and manage influences on waste collection, recycling, reuse and disposal within the district.

 

As part of the statutory consultation process, the proposed local law is advertised in accordance with section 3.12(3) of the Act, by giving state wide public notice of the local law and allowing at least six weeks for the public to make submissions.  A copy of the local law is also provided to the Minister for Local Government and the Minister for Environment.

 

Following this process, the proposed local law will then be referred back to the Council for consideration of any submissions received in relation to the local law and for the Council to resolve whether or not to make the local law by absolute majority decision.

 

National Competition Policy

 

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

 

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

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

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

 

RELEVANT PLANS AND POLICIES

 

The proposed local law refers to the City’s Refuse Collection Service Policy but does not amend the            policy or its application in any way.

 

FINANCIAL IMPLICATIONS

 

Costs associated with the advertising and gazettal of the local law will come from the legal budget. These costs are unlikely to exceed $2,000 and there are sufficient funds in the legal budget for this purpose.

STRATEGIC COMMUNITY OBJECTIVES

 

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

 

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

 

RISK ASSESSMENT

 

The proposed local law does not involve major departures from current practices and is therefore considered low risk.

 

CONSULTATION

 

             If the Council resolves to initiate the local law-making procedure, the City is required by the Act to place notices in The West Australian newspaper, locally circulating newspapers and on City notice boards, containing details of the proposed local law and an invitation to the public to make submissions in relation to it.

 

             The submission period must run for a minimum period of six weeks after which, the Council having considered any submissions received, may resolve to adopt the proposed local law or a law which is not significantly different.

 

OFFICER COMMENT

 

The proposed local law is based on the WALGA model Waste Local Law but has been modified and amplified to provide for matters specific to the locality of Busselton.  For example, the City does not undertake waste collection in some rural areas, so the local law has been amended to reflect this.  In addition, the model only dealt with waste from residential sources. The application of the local law has been extended to waste collected from non-residential sources to assist in dealing with compliance issues generated from these premises.  Overall, however, as the model is a very recent local law developed by WALGA in conjunction with the JSC and experienced lawyers it is recommended that the proposed local law not depart significantly from the model in order to ensure its smooth passage through the parliamentary process.

 

The following is an outline of the proposed local law and the content of each part:

 

Part 1 – Preliminary

This part provides for administrative matters concerning the local law – such as application, commencement, definition and repeal of obsolete local laws.

 

Part 2 – Local Government Waste

Part two covers requirement to keep a sufficient number of receptacles, use the correct receptacle for different categories of waste, and placement of receptacles in appropriate areas.

 

Part 3 – General Duties

The “general duties of an occupier” covers those areas previously covered by the Health Local Law such as cleaning of containers and prevention of noxious odours.

 

 

Part 4 – Operation of Waste Facilities

This part will assist in the regulation of the City’s waste facilities. For example, waste must be deposited in the correct location for the type of waste involved, and the specified fee must be paid. Signs and directions from staff must be followed. Certain activities are also prohibited.

 

Part 5 – Enforcement

This is a standard section which deals with the imposition of modified penalties and the recovery of costs.

 

CONCLUSION

 

The proposed local law will provide a modern approach to the treatment of waste.   It will also update the penalties applicable to breaches of the local law, provide for infringement penalties, and confirm the ability to regulate fees through the fees and charges process.  For these reasons, it is recommended that the Council commence the law-making process.

 

OPTIONS

 

             In addition to the Officer’s recommendations (as per Officer Recommendations 1, 2 and 3 below), the Council has the following alternative options regarding the regulation of waste:

 

             Option 1

                                              

Not to proceed with the local law process and rely on the Health Local Law to regulate waste activities within the district.  However, the provisions of the Health Local Law dealing with waste do not allow for infringements to be issued, and do not cover the same range of topics dealt with under the proposed local law.  Once the Public Health Bill is enacted these provisions will be the subject of review in any event and would need to be replaced with a local law under the WARR Act.

 

             Option 2

 

             Council could choose to vary the provisions of the proposed local law in any number of ways.  This is, however, the form of local law recommended at this stage for the reasons stated in the report.  There will be further opportunity for making changes to the proposed local law following advertising and consultation, provided the changes are not significantly different from what is currently proposed.   If any changes are of a significant nature the amended proposed local law would need to be re-advertised.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

             Within two weeks of the Council decision to commence the law-making process, the proposed local law will be advertised for public comment. The statutory consultation period is a minimum of six weeks and following the close of the advertising period a report will be submitted to the Council for further consideration which, depending on the number and nature of submissions received, could be within three months.

 

Committee Recommendation and Officer Recommendation

 

(1)          That the Council commences the law-making process, for the City of Busselton Waste Local Law 2015, the purpose and effect of the local law being as follows:

 

                   Purpose: The purpose of the local law is to provide for the regulation, control and management of activities and issues relating to waste collection, recycling, reuse and disposal within the district.

 

                   Effect:   The effect of the local law is to control activities and manage influences on waste collection, recycling, reuse and disposal within the district.

 

(2)       (2)          That the Council carry out the law-making procedure under section 3.12(3) of the Local   Government Act, by:

 

                             (i)            giving State-wide public notice and local public notice of the proposed local law; and

 

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

 

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

(

 


Council

16

14 October 2015

10.2

Attachment a

Waste Local Law 2015

 

 

CITY OF BUSSELTON

 

 

 

 

 

 

 

 

 

 

 

 

WASTE LOCAL LAW 2015

 

 


Council

17

14 October 2015

10.2

Attachment a

Waste Local Law 2015

 

 

Waste Avoidance and Resource Recovery Act 2007

Local Government Act 1995

 

 

CITY OF BUSSELTON

 

 

Waste Local Law 2015

 

_____________________________________________

 

CONTENTS

_____________________________________________

 

Part 1 - Preliminary

1.1        Short title

1.2        Commencement

1.3        Application

1.4        Repeal

1.5        Meaning of terms used in this local law

1.6        Local public notice of determinations

1.7        Rates, fees and charges

1.8        Power to provide waste services

Part 2 - Local government waste

2.1        Application

2.2        Supply of receptacles

2.3        Deposit of waste in receptacles

2.4        General waste receptacles

2.5        Recycling waste receptacles

2.6        Organic waste receptacles

2.7        Direction to place or remove a receptacle

2.8        Duties of owner or occupier

2.9        Exemption

2.10     Damaging or removing receptacles

2.11     Verge collections

Part 3 - General duties

3.1        Duties of an owner or occupier

3.2        Removal of waste from premises

3.3        Waste containers for public use

3.4        Unauthorised deposit of waste

Part 4 - Operation of waste facilities

4.1        Operation of this Part

4.2        Hours of operation

4.3        Signs and directions

4.4        Fees and charges

4.5        Depositing waste

4.6        Prohibited activities

Part 5 - Enforcement

5.1        Offences and general penalty

5.2        Other costs and expenses

5.3        Prescribed offences

5.4        Form of notices

 


Council

19

14 October 2015

10.2

Attachment a

Waste Local Law 2015

 

 

Waste Avoidance and Resource Recovery Act 2007

Local Government Act 1995

 

 

CITY OF BUSSELTON

 

 

Waste Local Law 2015

 

Under the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 and under all other enabling powers, the Council of the City of Busselton resolved on [insert date] to make the following local law.

Part 1 -  Preliminary

1.1         Short title

This is the City of Busselton Waste Local Law 2015.

1.2         Commencement

This local law commences 14 days after the day on which it is published in the Government Gazette.

1.3         Application

Subject to clause 2.1, this local law applies throughout the district.

1.4         Repeal

Clauses 35-43, 45-51 and 52-55 (all inclusive) of the Shire of Busselton Health Local Laws 1997, published in the Government Gazette on 21 September 1998, are repealed. 

1.5         Meaning of terms used in this local law

(1)          In this local law—

authorised person means a person appointed by the local government under section 9.10 of the LG Act to perform any of the functions of an authorised person under this local law;

collectable waste means local government waste that is not—

(a)    liquid refuse;

(b)   liquid waste; or

(c)    non-collectable waste;

collectable waste receptacle means a receptacle for the deposit and collection of collectable waste that is—

(a)    a recycling waste receptacle;

(b)          a  general waste receptacle; or

(c)          an organic waste receptacle;

collection, when used in relation to a receptacle, means the collection and removal of collectable waste from the receptacle by the local government or its contractor;

collection day means the day determined by the local government for the collection of collectable waste in the district or a part of the district;

collection time means the time on the collection day determined by the local government for the collection of collectable waste in the district or a part of the district;

commencement date means the date on which this local law commences operation under clause 1.2;

costs of the local government include administrative costs;

Council means the council of the local government;

district means the district of the local government;

general waste receptacle means a receptacle for the deposit and collection of collectable waste that is not recycling waste;

LG Act means the Local Government Act 1995;

LG Regulations means the Local Government (Functions and General) Regulations 1996;

local government means the City of Busselton;

local government waste has the same meaning as in the WARR Act;

non-collectable waste has the meaning set out in Schedule 1;

occupier in relation to premises, means any or all of the following—

(a)          a person by whom or on whose behalf the premises are actually occupied; or

(b)          a person having the management or control of the premises;

organic waste means waste that decomposes readily, such as garden waste or food waste;

organic waste receptacle means a receptacle for the deposit and collection of organic waste;

owner has the same meaning as in the LG Act;

prescribed area means the prescribed area that is defined in the local government’s Refuse Collection Service Policy, as amended; 

public place includes a place to which the public ordinarily have access, whether or not by payment of a fee;

receptacle, means a receptacle—

(a)          that has been supplied for the use of the premises by the local government or its contractor, or which has otherwise been approved by the local government; and

(b)          the waste from which is collected and removed from the premises by the local government or its contractor;

recycling waste receptacle means a receptacle for the deposit and collection of recycling waste;

recycling waste means—

(a)          paper and cardboard;

(b)          plastic containers comprised of –

(i)           polyethylene terephthalate (PET);

(ii)          high density polyethylene (HDPE);

(iii)          polyvinyl chloride (PVC);

(iv)         low density polyethylene (LDPE);

(v)          polypropylene (PP);

(vi)         polystyrene (PS); or

(vii)         other plastics;

(c)          glass containers;

(d)          steel containers;

(e)          aluminium containers;

(f)           liquid paper board; and

(g)          any other waste determined by the local government to be recycling waste;

specified means specified by the local government or an authorised person, as the case may be;

street alignment means the boundary between the land comprising a street and the land that abuts the street;

WARR Act means the Waste Avoidance and Resource Recovery Act 2007;

WARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;

waste has the same meaning as in the WARR Act;

waste container means –

(a)    a receptacle; or

(b)          any other container used for the purposes of depositing or storing waste;

waste facility means a waste facility, as defined in the WARR Act, that is operated by the local government; and

waste service has the same meaning as in the WARR Act.

(2)          Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and occupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or occupiers.

1.6         Local public notice of determinations

Where, under this local law, the local government has a power to determine a matter –

(a)          local public notice, under section 1.7 of the LG Act, must be given of the matter determined;

(b)          the determination becomes effective only after local public notice has been given;

(c)          the determination remains in force for the period of one year after the date that local public notice has been given under paragraph (a);

(d)          after the period referred to in paragraph (c), the determination continues in force only if, and for so long as, it is the subject of local public notice, given annually, under section 1.7 of the LG Act; and

(e)          the determination must be recorded in a publicly accessible register of determinations that must be maintained by the local government. 

1.7         Rates, fees and charges

The local government’s powers to impose rates, fees and charges in relation to waste services are set out in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act.

1.8         Power to provide waste services

The local government’s power to provide, or enter into a contract for the provision of, waste services is dealt with in section 50 of the WARR Act.

Part 2 -  Local government waste

2.1         Application

This Part applies only to the prescribed area.

2.2         Supply of receptacles

(1)          An owner or occupier of residential premises must take reasonable steps to ensure that a sufficient number of general waste receptacles are provided and used for those premises and that each is kept in good condition and repair.

(2)          The local government may supply, for the use of each premises that are, or are capable of being, occupied or used for residential purposes, one or more receptacles for the collection and removal, from those premises, of collectable waste.

(3)          The owner of premises to which subclause (2) applies must—

(a)          ensure that the fee or charge (if any) imposed by the local government in relation to each receptacle is paid to the local government; and

(b)          ensure that each receptacle is used, in respect of those premises, in accordance with this local law.

2.3         Deposit of waste in receptacles

(1)          An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any non-collectable waste.

(2)          A person must not deposit waste in a receptacle that has been provided for the use of other premises without the consent of the owner or occupier of those premises.

2.4         General waste receptacles

(1)          An owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle—

(a)          where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable waste; or

(b)          where the receptacle has any other capacity—more than the weight determined by the local government.

(2)          Where the local government supplies recycling waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any recycling waste.

(3)          Where the local government supplies organic waste receptacles, an owner or occupier of premises must not deposit or permit to be deposited in a general waste receptacle any organic waste.

2.5         Recycling waste receptacles

An owner or occupier of premises must not deposit or permit to be deposited in a recycling waste receptacle—

(a)          anything other than the particular type of recycling waste for which that receptacle was provided by the local government for those premises;

(b)          where the receptacle has a capacity of 240 litres— more than 70 kilograms of recycling waste; or

(c)          where the receptacle has any other capacity—more than the weight determined by the local government.

2.6         Organic waste receptacles

An owner or occupier of premises must not deposit or permit to be deposited in an organic waste receptacle—

(a)          anything other than the particular type of organic waste for which that receptacle was provided by the local government for those premises;

(b)          where the receptacle has a capacity of 240 litres - more than 70 kilograms of organic waste; or

(c)          where the receptacle has any other capacity - more than the weight determined by the local government.

2.7         Direction to place or remove a receptacle

(1)          The local government or an authorised person may give a written direction to an owner or occupier of specified premises —

(a)          to place a receptacle in respect of those premises for collection; or

(b)          to remove a receptacle in respect of those premises after collection.

(2)          The direction under subclause (1) may specify when the placement or removal is to occur, or where the receptacle is to be placed, or both.

(3)          An owner or occupier of premises must comply with a direction given under this clause.

2.8         Duties of owner or occupier

An owner or occupier of premises must—

(a)          except for a reasonable period before and after collection time, keep each receptacle in a storage space or area that is behind the street alignment;

(b)          take reasonable steps, if placing a receptacle for collection on the verge adjoining the premises, or other area as determined by the local government, ensure that, within a reasonable period before collection time, each receptacle is  —

(i)           within 1 metre of the carriageway;

(ii)          so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and

(iii)          facing squarely to the edge of and opening towards the carriageway,

or in such other position as is approved in writing by the local government or an authorised person;

(c)          take reasonable steps to ensure that the premises are provided with an adequate number of receptacles; and

(d)          in the case of a receptacle that is supplied by the local government, if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as practicable, after the event.

2.9         Exemption

(1)          An owner or occupier of premises may apply in writing to the local government for an exemption from compliance with the requirements of clause 2.8(a) or (b).

(2)          The local government or an authorised person may grant, with or without conditions, or refuse an application for exemption from compliance under this clause.

(3)          An exemption granted under this clause must state—

(a)          the premises to which the exemption applies;

(b)          the period during which the exemption applies; and

(c)          any conditions imposed by the local government or the authorised person.

(4)          An exemption granted under this clause ceases to apply –

(a)          if the local government decides, on reasonable grounds, that there has been a failure to comply with a condition of the exemption; and

(b)          from the date that the local government informs the owner or occupier of its decision under clause 2.9(4)(a).

2.10       Damaging or removing receptacles

(1)          A person must not—

(a)          damage, destroy or interfere with a receptacle; or

(b)          except as permitted by this local law or as authorised by the local government or an authorised person, remove a receptacle from any premises to which it was delivered by the local government or its contractor.

(2)          Clause 2.10(1) does not apply to –

(a)          the local government or its contractor; or

(b)          the person who owns the receptacle.

2.11       Verge collections

(1)          Where the local government has advertised a verge waste collection (such as a green waste, or a bulk waste, verge collection) a person, unless with and in accordance with the approval of the local government or an authorised person—

(a)          must deposit waste only during the period of time, and in accordance with other terms and conditions, as advertised by the local government in relation to that verge waste collection; and

(b)          must otherwise comply with those terms and conditions.

(2)          Where waste has been deposited on a verge for a verge waste collection, a person must not remove any of that waste for a commercial purpose but may remove it for any other purpose. 

(3)          Except where waste is lawfully removed from a verge under this clause, a person must not disassemble or tamper with any waste deposited on a verge for a verge waste collection so as to increase the risk of harm to any person.

(4)          Clause 2.11(2) does not apply to the local government or a person engaged or contracted by the local government in relation to the verge waste collection.

Part 3 -  General duties

3.1         Duties of an owner or occupier

An owner or occupier of premises must—

(a)          take reasonable steps to ensure that a sufficient number of waste containers are provided to contain all waste which accumulates or may accumulate in or from the premises;

(b)          ensure that each waste container is kept in good condition and repair;

(c)          take all reasonable steps to—

(i)           prevent fly breeding and keep each waste container free of flies, maggots, cockroaches, rodents and other vectors of disease;

(ii)              prevent the emission of offensive or noxious odours from each waste container ; and

(iii)          ensure that each waste container does not cause a nuisance to an occupier of adjoining premises; and

(d)          whenever directed to do so by the local government or an authorised person, thoroughly clean, disinfect, deodorise and apply a residual insecticide to each waste container.

3.2         Removal of waste from premises

(1)          A person must not remove any waste from premises unless that person is—

(a)          the owner or occupier of the premises;

(b)          authorised to do so by the owner or occupier of the premises; or

(c)          authorised in writing to do so by the local government or an authorised person.

(2)          A person must not remove any waste from a waste container without the approval of –

(a)          the local government or an authorised person; or

(b)          the owner or occupier of the premises at which the waste container is ordinarily kept.

3.3         Waste containers for public use

A person must not, without the approval of the local government or an authorised person—

(a)          deposit household, commercial or other waste from any premises on or into; or

(b)          remove any waste from,

a waste container provided for the use of the general public in a public place.

3.4         Unauthorised deposit of waste

Except as permitted under this Local Law, a person must not deposit any waste on any thoroughfare or on any other land.

Part 4 -  Operation of waste facilities

4.1         Operation of this Part

This Part applies to a person who enters a waste facility.

4.2         Hours of operation

The local government may from time to time determine the hours of operation of a waste facility.

4.3         Signs and directions

(1)          The local government or an authorised person may regulate the use of a waste facility—

(a)          by means of a sign; or

(b)          by giving a direction to a person within a waste facility.

(2)          A person within a waste facility must comply with a sign or direction under subclause (1).

(3)          The local government or an authorised person may direct a person who commits, or is reasonably suspected by the local government or the authorised person of having committed, an offence under this clause to leave the waste facility immediately.

(4)          A person must comply with a direction under subclause (3).

4.4         Fees and charges

(1)          Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by the local government or an authorised person, pay the fee or charge as assessed by an authorised person.

(2)          An authorised person may assess the fee or charge in respect of a particular load of waste at a rate that applies to any part of that load, even if that rate is higher than the rate that would apply to any other part of the load.

(3)                 Subclause (1) does not apply—

(a)          to a person who disposes of waste in accordance with the terms of—

(i)           a credit arrangement with the local government; or

(ii)          any other arrangement with the local government to pay the fee or charge at a different time or in a different manner; and

(b)          to the deposit of waste owned by the local government, or in the possession of an employee on behalf of the local government.

4.5         Depositing waste

(1)          A person must not deposit waste at a waste facility other than—

(a)          at a location determined by a sign and in accordance with the sign; and

(b)          in accordance with the direction of an authorised person.

(2)          The local government may determine the classification of any waste that may be deposited at a waste facility.

4.6         Prohibited activities

(1)          Unless authorised by the local government, a person must not—

(a)          remove any waste or any other thing from a waste facility;

(b)          deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or hazardous, or the depositing of which is regulated or prohibited by any written law;

(c)                light a fire in a waste facility;

(d)          remove, damage or otherwise interfere with any flora in a waste facility;

(e)          remove, injure or otherwise interfere with any fauna in a waste facility; or

(f)           damage, deface or destroy any building, equipment, plant or property within a waste facility.

(2)          A person must not act in an abusive or threatening manner towards any person using, or engaged in the management or operation of, a waste facility;

Part 5 -  Enforcement

5.1         Offences and general penalty

(1)          A person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law a person is prohibited from doing, commits an offence.

(2)          A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500 in respect of each day or part of a day during which the offence has continued.

5.2         Other costs and expenses

(1)          A person who is convicted of an offence under this local law is to be liable, in addition to any penalty imposed under clause 5.1, to pay to the local government the costs and expenses incurred by the local government in taking remedial action such as—

(a)          removing and lawfully disposing of toxic, hazardous or poisonous waste; or

(b)          making good any damage caused to a waste facility.

(2)          The costs and expenses incurred by the local government are to be recoverable, as a debt due to the local government, in a court of competent civil jurisdiction.

5.3         Prescribed offences

(1)          An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of section 9.16(1) of the LG Act.

(2)          The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 2.

5.4         Form of notices

(1)          Where a vehicle is involved in the commission of an offence, the form of the notice referred to in section 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations;

(2)          The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in Schedule 1 of the LG Regulations; and

(3)          The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of Form 3 in Schedule 1 of the LG Regulations.

Schedule 1 - Meaning of ‘non-collectable waste’

 

non-collectable waste means –

(a)          hot or burning material;

(b)          household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents, pesticides, oils, gas cylinders, batteries, chemicals and heavy metals;

(c)          any other hazardous material, such as radioactive waste;

(d)          any explosive material, such as flares or ammunition;

(e)          electrical and electronic equipment;  

(f)           hospital, medical, veterinary, laboratory or pathological substances;

(g)          construction or demolition waste;

(h)          sewage;

(i)           non-frangible metal;

(j)           ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste) Regulations 2004;

(k)          any object that is greater in length, width, or breadth than the corresponding dimension of the receptacle or that will not allow the lid of the receptacle to be tightly closed;

(l)           waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or impervious material or placed in a sealed impervious and leak-proof container; and

(m)         any other waste determined by the local government to be non-collectable waste.

 

 

 

Schedule 2 - Prescribed offences

 

Item No.

Clause No.

Description

Modified Penalty

1

2.2(3)(a)

Failing to pay fee or charge

$350

2

2.2(3)(b)

Failing to ensure lawful use of receptacle

$350

3

2.3(1)

Depositing non-collectable waste in a receptacle

$350

4

2.3(2)

Depositing waste in another receptacle without consent

$350

5

2.4(1)

Exceeding weight capacity of a general waste receptacle

$350

6

2.4(2) and (3)

Depositing unauthorised waste in a general waste receptacle

$350

7

2.5(a)

Depositing unauthorised waste in a recycling waste receptacle

$350

8

2.5(b) and (c)

Exceeding weight capacity of a recycling waste receptacle

$250

9

2.6(a)

Depositing unauthorized waste in an organic waste receptacle

$350

10

2.6(b) and (c)

Exceeding weight capacity of an organic waste receptacle

$350

11

2.7(3)

Failing to comply with a direction concerning placement or removal or a receptacle

$250

12

2.8(a)

Failing to keep a receptacle in the required location

$250

13

2.8(b)

Failing to place a receptacle for collection in a lawful position

$250

14

2.8(c)

Failing to provide a sufficient number of receptacles

$250

15

2.8(d)

Failing to notify of a lost, stolen, damaged or defective receptacle

$50

16

2.10(1)(a)

Damaging, destroying or interfering with a receptacle

$400

17

2.10(1)(b)

Removing a receptacle from premises

$400

18

2.10(2)(1)

Failing to comply with a term or condition of verge waste collection

$400

19

2.11(2)

Removing waste for  commercial purposes 

$350

20

2.10(3)

Disassembling or leaving in disarray  waste deposited for  collection

$250

21

3.1(a)

Failing to provide a sufficient number of receptacles

$250

22

3.1(b)

Failing to keep a waste container clean and in a good condition and repair

$250

23

3.1(c)(i)

Failing to prevent fly breeding and vectors of disease in a waste container

$350

24

3.1(c)(ii)

Failing to prevent the emission of offensive odours from a waste container

$350

25

3.1(c)(iii)

Allowing a waste container to cause a nuisance

$350

26

3.1(d)

Failing to comply with a direction to clean, disinfect or deodorise waste container

$300

27

3.2(1)

Unauthorised removal of waste from premises

$250

28

3.2(2)

Removing waste from a waste container without approval

$250

29

3.3(a)

Depositing unauthorised waste into waste container for public

$350

30

3.3(b)

Removing waste from waste container for public

$350

31

3.4

Unauthorised deposit of waste

$500

32

4.3(2)

Failing to comply with a sign or direction

$500

33

4.3(4)

Failing to comply with a direction to leave

$500

34

4.4(1)

Disposing waste without payment of fee or charge

$500

35

4.5(1)

Depositing waste contrary to sign or direction

$500

36

4.6(1)(a)

Removing waste without authority

$250

37

4.6(1)(b)

Depositing toxic, poisonous or hazardous waste

$500

38

4.6(1)(c)

Lighting a fire

$300

39

4.6(1)(d)

Removing or interfering with any flora

$300

40

4.6(1)(e)

Interfering with any fauna without approval

$300

41

4.6(1)(f)

Damaging, defacing or destroying any building, equipment, plant or property within a waste facility

$500

42

4.6(2)

Acting in an abusive or threatening manner

$300

43

 

All other offences not specified

$250

 

 

Dated xxxxxx 2015.

 

 

The Common Seal of the                  }

City of Busselton                              }       

was affixed by authority of a              }

resolution of the Council in the          }

presence of:                                     }

 

 

 

 

Ian William Stubbs                                                                      Michael Stephen Lee Archer

Mayor                                                                                        Chief Executive Officer

 


Council                                                                                      33                                                               14 October 2015

10.3           Policy and Legislation Committee - 17/09/2015 - SPONSORSHIP POLICY

SUBJECT INDEX:

Community & Commercial Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Community Services

ACTIVITY UNIT:

Community & Commemercial Services

REPORTING OFFICER:

Community Development Officer - Naomi Davey

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents a Draft Sponsorship Policy (the Policy) for the City of Busselton. The Policy aims to provide clear definitions, guidelines and procedures for sponsorships to ensure an accessible, open and transparent process in assessing sponsorship proposals for the City of Busselton.   The Policy will apply where sponsorship arrangements are to be negotiated, where the receiving of financial and/or in-kind support from a commercial or external organisation is in exchange for public recognition or association.

 

 

BACKGROUND

 

The City of Busselton has previously partnered with commercial organisations, service agencies and community groups on projects that have benefited the community. This policy serves to provide clear definitions, guidelines and procedures on how these arrangements are sought, negotiated and agreed upon.  In defining the process and ensuring it is accessible, open and transparent, the City has the potential to promote key priority projects and develop community partnerships that diversify its funding sources whilst strengthening the City’s ability to provide a vibrant and cohesive community.

 

A key strategy of the Policy will be identifying priority projects and linking them to potential sponsors. Priority projects are projects and programs endorsed by Council that have a strong identified link to the City of Busselton Strategic Community Plan (2013), or are programed for current or forward year budgets. Each project/program is carefully selected for its social, economic and/or environmental outcomes. Seeking funding and support from diverse sources strengthens the City’s ability to provide a vibrant and cohesive community.

 

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.

 

Section 6.15 of the Local Government Act 1995 allows for local government to receive revenue and income.

 

A local government may receive revenue or income — 

(a)         from — 

(i)         rates; or

(ii)         service charges; or

(iii)         fees and charges; or

(iv)         borrowings; or

(v)         investments; or

 (vi)         any other source,

authorised by or under this Act or another written law; or

  (b)       from — 

(i)         dealings in property; or

 (ii)         grants or gifts.

            

RELEVANT PLANS AND POLICIES

 

City of Busselton Strategic Community Plan (2013).

 

FINANCIAL IMPLICATIONS

 

There will be no additional costs to the City of Busselton by entering into a sponsorship agreement.

 

Any sponsorship agreement entered into above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO and will be reported to the Council through the City’s monthly Finance Committee meetings.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter principally aligns with Key Goal Area 2 - ‘Well Planned, Vibrant and Active Places’ and more specifically Community Objective 2.3 - ‘Infrastructure assets are well maintained and responsibly managed to provide for future generations’.

 

RISK ASSESSMENT

 

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

 

Risk

Controls

Consequence

Likelihood

Risk Level

A real or received conflict, or breach of the terms of an agreement

A sponsorship agreement between both parties

Moderate - the timeline for the implementation of the sponsored project maybe affected

Unlikely

Medium

 

CONSULTATION

 

Consultation was undertaken with other local government authorities who have similar policies in place.

 

OFFICER COMMENT

 

The Policy is designed to provide a clear and defined process for the City of Busselton to enter into sponsorship agreements with external organisations where the receiving of financial and/or in-kind support is in exchange for public recognition or association. The Policy is intended to ensure the process is accessible, open and transparent.

 

Sponsorship can provide significant benefits to the City and the community. To ensure the sponsorship is of benefit to the City, agreements will only be entered into for selected City projects, events, services or activities where it is complementary to Council’s vision, values, policies and strategies. Any sponsorship arrangements above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO.

 

The City will not enter into sponsorship arrangements that may lead to anti-competitive behaviour or disadvantage a third party from dealing with the City and/or arrangements that impose or imply conditions that limit the City’s ability to carry out its functions under the Local Government Act 1995.

 

When a sponsorship agreement is entered into, all terms and conditions of the agreement will be recorded in writing and signed by both parties. In addition to the above, all sponsorship agreements will be required to be reported to the Council through the City’s Finance Committee meetings. The Council is under no obligation to pursue or accept any sponsorship proposal entirely at its own discretion.

 

There may be three ways in which a corporate sponsorship is sought;

 

1.    Sponsorship can be sought for Priority projects through the development and advertisement of a prospectus;

                or

2.    A sponsorship proposal may be submitted by an individual or organisation that clearly outlines the nature of the project, the proposed sponsorship amount and the expected recognition and benefit to the sponsor and the City;

or

3.    Contributions made from an external organisation, community group, or individual(s) for a specific project.

 

The agreement must specify; funding amount, application of funding, rights/limitations, length of agreement, milestones/objectives and responsibilities and expectations of each party.

 

The City may refuse and/or terminate a sponsorship agreement if deemed by the CEO as a real or perceived conflict, or where a breach of the terms of an agreement has occurred. The City will be  under no obligation to pursue or accept any sponsorship proposal.

 

CONCLUSION

 

Previous sponsorship agreements with commercial organisations, service agencies and community groups on City projects, have given great benefit to the Busselton community. The Policy serves to provide clear definitions, guidelines and procedures on how these arrangements are sought, negotiated and agreed upon.  In defining the process and ensuring it is accessible, open and transparent, the City has the potential to promote key priority project and develop community partnerships that diversify the source of funding whist strengthening the City’s ability to provide a vibrant and cohesive community.

 

The Policy is guided by principles that ensure the procurement of any sponsorship is managed appropriately whilst protecting the interests of the community. Included in the policy are guidelines outlining the receiving of financial and/or in-kind support from a commercial or external organisation, in exchange for public recognition or association.

 

The City’s involvement with such organisations are protected by the legal agreements entered into which outline the funding amount, application of funding, rights/limitations, length of agreement, milestones/objectives and responsibilities and expectations of each party.

OPTIONS

 

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

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the officer recommendation will involve publication of the policy on the City’s website within one month of the Council making a resolution consistent with the officer recommendation.

 

Committee Recommendation and Officer Recommendation

 

That the Council resolve to adopt the following policy:

 

Sponsorship Policy

 

DEFINITIONS

 

Sponsorship is the contribution of financial and/or “in Kind” support that the City of Busselton (the City) receives for the purpose of providing; community infrastructure, events, services, programs or activities that may contribute to the economic, social, sporting, environmental or cultural development of the City.

 

PURPOSE

 

The aim of the Policy is to provide clear definitions, guidelines and procedures for sponsorships to ensure an accessible, open and transparent process in assessing sponsorship proposals for the City of Busselton.

 

SCOPE

 

This policy applies where sponsorship arrangements are to be negotiated.  The Sponsorship policy outlines the receiving of financial and/or in-kind support from a commercial or external organisation, in exchange for public recognition or association.

 

POLICY

 

                Principles

                Sponsorship can provide significant benefits to the City and the community and consideration will be applied where the following principles are adhered:

1.    The Council invites and seeks sponsorship for selected City projects, events, services or activities

2.    The sponsorship is complementary to Council’s vision, values, policies and strategies

3.    Sponsorship arrangements above the value of $10,000 (including cash and in kind) are to be reported to Council for determination. Sponsorship arrangements for $10,000 (including cash and in kind) or less may be determined by the CEO

4.    Sponsorship arrangements that may lead to anti-competitive behaviour or disadvantage a third party from dealing with the City will not be entered into

5.    Sponsorship arrangements that impose or imply conditions that limit the City’s ability to carry out its functions fully and impartially will not be agreed to

6.    The City will not pursue sponsorship from or sponsor any party engaged in current or pending legal proceedings involving the City

7.    A sponsorship agreement outlining the full terms and conditions of the agreement will be recorded in writing and signed by both parties

8.    All sponsorship agreements are required to be reported to the Council through the City’s Finance Committee.

 

GUIDELINES FOR SEEKING SPONSORSHIP

 

There may be three ways in which a corporate sponsorship is sought;

1.    Sponsorship can be sought for Priority projects through the development and advertisement of a prospectus;

                or

2.    A sponsorship proposal may be submitted by an individual or organisation that clearly outlines the nature of the project, the proposed sponsorship amount and the expected recognition and benefit to the sponsor and the City;

or

3.    Contributions made from an external organisation, community group, or individual(s) for a specific project.

 

PRIORITY PROJECT SPONSORSHIP

 

Priority projects for support are projects and programs endorsed by Council that have a strong identified link to the City of Busselton Strategic Community Plan 2013 (Reviewed 2015), or are programed for current or forward year budgets. Each project/program is carefully selected for its impact and community outcomes. Seeking funding and support from diverse sources strengthens the City’s ability to provide a vibrant and cohesive community.  Council priorities projects are identified annually.

 

SPONSORSHIP AGREEMENT

 

Any sponsorship agreement must be recorded in writing and signed by both parties. The agreement must specify;

Ÿ Funding Amount

Ÿ Application of Funding

Ÿ Rights/limitations

Ÿ Length of agreement

Ÿ Milestones/Objectives

Ÿ Responsibilities and expectations of each party.

 

EXAMPLES OF BENEFITS TO POTENTIAL SPONSORS

 

Acknowledgement of sponsor status in publicity materials associated with the project;

Ÿ Recognition in association with the event/project/program , i.e., display of company logo, naming rights

Ÿ Distribution of materials promoting sponsor’s products or services in conjunction with an event

Ÿ Presence of the sponsors at an event and access to participants

Ÿ Signage

Ÿ Sponsor logo on flags and banners

Ÿ Acknowledgment in speeches

Ÿ Entry tickets to sponsored events , and/or;

Ÿ Social media promotion, web and other.

 

POLICY NON-COMPLIANCE

 

A sponsorship agreement may be refused and/or terminated if deemed by the CEO as a real or perceived conflict, or where a breach of the terms of an agreement has occurred.  The City is under no obligation to pursue or accept any sponsorship proposal entirely at its own discretion.

 


Council                                                                                      39                                                               14 October 2015

10.4           Policy and Legislation Committee - 17/09/2015 - TRADING IN PUBLIC PLACES POLICY REVIEW

SUBJECT INDEX:

Trading in Public Places; Commercial Hire Sites

STRATEGIC OBJECTIVE:

A community where local business is supported.

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Health

REPORTING OFFICER:

Environmental Health Coordinator - Tanya Gillett

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

A revised “Trading in Public Places Policy” is proposed combining the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” made under the newly gazetted Activities in Thoroughfares and Public Places and Trading Local Law 2015

 

This Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2015.

 

BACKGROUND

 

Mobile businesses in recreational or tourist locations add further dimensions of character and vibrancy to a location. They can provide an important service to the community and visitors particularly in locations where retail premises or permanent places of business are not available to provide particular goods or services demanded by the public. Furthermore, the prosperity achieved by the operators contributes to the overall economic success of the region.

 

These mobile businesses are currently administered under two Local Laws being the “Trading in Public Places Local Law” (now repealed) and the “Local Government Property Local Law 2010”.  With the recent gazettal of the “Activities in Thoroughfares and Public Places and Trading Local Law 2015” (the Local Law) an opportunity now exists to combine the administration of all mobile businesses under one (1) Council Policy and this, the reviewed “Trading in Public Places Policy” is proposed for Council review and to initiate public consultation.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Activities in Thoroughfares and Public Places and Trading Local Law 2015

Local Law Relating to Trading in Public Places (repealed)

Local Government Property Local Law 2010

 

RELEVANT PLANS AND POLICIES

 

Trading in Public Places – Standard Conditions of Approval Version 2

Commercial Hire Sites Policy

 

 

FINANCIAL IMPLICATIONS

 

There are no budgetary considerations required as a result of this report or revised Policy. 

While the introduction of this streamlined approach to the administration of traders within the District will provide efficiencies for the City through an improved governance structure, it will also require a review of the fee structure surrounding this governance to one that is centred around cost recovery. 

 

For the 2015/16 budget, Commercial Hire Site and Trader’s fees have already been adopted by Council with the new Local Law structure in mind and these will continue to be utilised through the introduction of the new Policy within 2015/16.  However, staff will again review these fees in detail for the 2016/17 budget with the intention of full cost recovery of the administration component and extra service needs (such as waste collection) incurred by some traders.  This may mean that fees increase for some traders to reflect the costs incurred by the City  and these increases will be considered further and in more detail as part of the 2016/17 budget development.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This proposal aligns with the City of Busselton Strategic Community Plan 2013 (revised 2015) as follows:

 

Key Goal Area 1 - A welcoming, inclusive, healthy and capable community that provides accessible services for all residents.

 

Key Goal Area 2 - Well planned, active and vibrant community.

 

Key Goal Area 3 - Robust local economy.

 

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. 

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk:

 

Disputes that arise as part of a competitive selection process.

 

 

 

All applications for particular locations assessed utilizing an agreed and transparent evaluation matrix.

Each application considered and adjudicated by a panel consisting of cross directorate representation.

 

 

Minor

 

 

 

 

 

 

 

 

Likely

 

 

 

 

 

 

 

 

Medium

 

 

 

 

 

 

 

 

 

 

 

Reputational risk:

 

Disputes and community concern with the selected trader locations.

 

Full assessment of the proposed Outdoor Eating Facility at application including location, safety and compatibility with adjacent areas.

 

 

Minor

 

 

Possible

 

 

Medium

 

CONSULTATION

 

Should the revised Trading in Public Places Policy be accepted by Council, it will be advertised for an eight (8) week period where the City will invite written submissions for consideration.  Once all submissions are assessed, a report will be brought back to the Policy and Legislation Committee (if required) for determination at this time and subsequently brought back to Council for final adoption of the Policy. 

 

OFFICER COMMENT

 

At the 13 August 2014 meeting, Council endorsed the following recommendations (C1408/194):

 

“That Council:

 

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

 

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

 

Since endorsing these recommendations and seeking written submissions in 2014, the gazettal of the Activities in Thoroughfares and Public Places and Trading Local Law 2015 (the Local Law) has provided the opportunity to investigate the current administration and licensing of all traders within the District. This has resulted in the ability to draw together two existing Council Policies, the “Commercial Hire Site Policy” and the “Trading in Public Places – Standard Conditions of Approval Version 2” under the one Council Policy thus simplifying and combining the administration into one simplified and succinct governance process.  For the community, this means that any applicant wanting to trade on City owned or managed land can apply through one process. 

 

Traders have been divided into two categories –

1.    Traders –those traders where the existing four hour maximum trading time exists and are located in what may be considered off peak locations away from the coast, for example, Dunsborough Playing Fields; and

2.    Traders – Commercial - those traders wanting more than four hours trading per day, a longer tenure opportunity and trading in locations that are considered high profile or prime sites including coastal carparks throughout the District and Meelup Beach Car Park.  These are what were previously known as Commercial Hire Sites but will now also include registered mobile food premises (mostly vehicles or vans) approved for this type of trading.

 

The list of locations where these traders are permitted has not been included within the Policy, but a list is maintained for the purposes of administration.  This removes the need for the Policy to be brought to Council each time a new location is added or an existing location is removed.  For Council’s information, the following locations are currently utilised as trading and/or commercial hire site locations within the District:

 

·    Busselton Airport, Yalyalup

·    Busselton Drive Ins – Road Reserve, Broadwater

·    Busselton Foreshore – In front of the Goose Café

·    Busselton Foreshore -  Lawn at base of Busselton Jetty

·    Busselton Foreshore - South of Busselton Jetty

·    Busselton Foreshore - West of Equinox

·    Busselton Foreshore – West of Swim Jetty

·    Busselton Volunteer Marine Rescue Car Park, Busselton

·    Centennial Park Car Park, Dunsborough

·    Dolphin Road Boat Ramp, West Busselton

·    Dunsborough Foreshore

·    Dunsborough Skate Park, Dunsborough

·    Eagle Bay Car Park, Eagle Bay

·    Geographe Bay Yacht Club, West Busselton

·    Gull Service Station, Broadwater

·    Harvest Road Car Park, Broadwater

·    Meelup Beach Car Park, Dunsborough

·    Old Dunsborough Boat Ramp, Dunsborough

·    Roberts Road Car Park, Abbey – Abbey Boat Ramp

·    Rotary Park, Busselton

·    Smiths Beach

·    Vasse General Store, Vasse

·    Yallingup Beach

·    Yallingup Beach Car Park – Slippery Rocks, Yallingup

·    Yoganup Park, Busselton

 

These locations currently have a number of different traders approved including: food outlets, surf schools, bicycle and kayak hire facilities, static binoculars, stand up paddle boards and aqua playground.  Some of these locations will be reassessed as development occurs, such as the Dunsborough Foreshore Café and the Centennial Park Car Park trading location and others will be added to the list as they are approved based on a considered application.  It is intended that all of the Trader’s - Commercial permits will be administered by the City’s Commercial Services Department and the balance of the Traders (and all Stallholders) by the Environmental Health Department, albeit constant collaboration will be continued between these two Departments to ensure the governance process remains consistent and compliant to all other relevant laws.

 

It should be noted by Council, that as the new Local Law excludes City approved events and markets from the need to apply for a Trader’s Permit as previously has been the case, it will result in the removal of any specified separation distance that a trader is required to be from a fixed business selling the same good or service.  This clause previously read as follows:

 

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

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

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

 

This particular clause has previously been the subject of concern by market operators but seen as a necessity for some fixed businesses, particularly within the Dunsborough CBD and the operation of markets on Lions Park.  Should Council want to continue to specify a separation distance that traders can be located with respect to fixed business providing the same good or service during markets and events, it will require a clause to that effect to be included within the Markets Policy and the Events Policy.  However, it should be noted that it is the intention to continue to include a specified separation distance within this proposed Trading in Public Places Policy and enforce it through all other Trader and Stallholder approvals within the City.

 

The new Policy also includes reviewed components such as:

 

1.    Designated numbers of traders/stallholders permitted at any one location - Currently should an application for a Licence be received and this complies with the Local Law and Policy, applications are approved.  There is no direction given within the Policy to restrict the number of licences that will be permitted at any one time.  Administration of the applications has traditionally only permitted one type of licence per location at any one time, that is, only one ice cream van or coffee van at each location at the same time. There is however, no maximum number of licences that can be approved at each of those locations.  This Policy aims to set a maximum of four traders or stallholders at any location at any one time due to the approved locations traditionally being car parks and during peak tourism, these permits can restrict car parking for visitors and the general public.

 

2.    Refusing an Application for Trading - Currently within the Trading in Public Places Policy there is no direction given to the refusing of an application for a trader’s permit.  This Policy lists a number of considerations that an Officer may have regard to when assessing an application: 

 

a)  the type of business and regularity it could operate from the nominated location; (Trader’s Permit – Commercial only)

b)  the ownership, vesting and current use of the nominated location;

c)   the appropriateness and desirability of the proposed activity in relation to the area;

d)  any impact the business may have on the nominated location;

e)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

f)   the impact the business may have on the surrounding amenity;

g) the strategic implications, including the social, cultural and economic benefits the business may bring to the City, residents and visitors;

h)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

i)    the nature of adjoining existing Commercial Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

It is the intention of this part of the Policy that if an application cannot meet each of these provisions to the satisfaction of the City, then the application is refused.

 

3.    Trader Duplication - Currently within the Trading in Public Places Policy, only one Trader or Stallholder is permitted to provide any particular kind of good or service at any location at any one time.  This is to be continued within the proposed Policy.  The City will not support two businesses with the same focus in one location at any one time.  Where a duplication of good or service occurs that is ancillary to the primary good or service being offered for sale, this may be approved at the discretion of the City.  For example, two ice cream trucks will not be approved in the same location at the same time.  However, if an ice cream truck and a coffee van have been approved at the same location at the same time and the ice cream truck also wishes to sell coffee, they will be permitted to do so as it will be considered ancillary to the primary good being offered for sale, being ice cream.

 

4.    Advertising  of Available Trader’s Permit - Commercial Locations - Currently access to a Commercial Hire Site location is subject to advertising on a bi-annual basis, if a location is deemed to be vacant and in need of attracting a particular type of good or service.  This is to be continued but also with the inclusion of food vendors having access to this option.  The lack of option for food vendors to have opportunities for more than a four hour per day trading window has previously caused the City to be criticised where locations have allowed this option for recreational pursuits but not food vendors.  Such an example is Meelup Beach Car Park, where a current Commercial Hire Site approval allows for kayak hire permitting trading all day but the food vendors (ice cream vendors) only being permitted for four hours per day.  The proposed Policy ensures consistency across all trading activities through a Trader’s Permit - Commercial.

 

Trader Locations - In looking at the desirability of a location and providing a baseline customer level to ensure the viability of the business, designated car parks and reserve land vested with the City have been identified as preferable locations on which to trade.  Additionally, land that is not under the care and control of the City by virtue of a management order or ownership is currently being utilised for Trading in Public Places licences.  While in the past this has been completed with the permission of the landholder, normally DPAW or Main Roads WA, it is proposed that only locations where the City has care and control of the land be licenced in future.  This reduces the administration required to gain these approvals which are required on an annual basis and often proves difficult to obtain.  Further, it reduces complications with the enforcement of the Local Law on land that is not under the care and control of the City. 

 

CONCLUSION

 

Council is provided with a revised “Trading in Public Places Policy” which proposes combining the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” made under the newly gazetted Activities in Thoroughfares and Public Places and Trading Local Law 2015

 

This Policy is presented to Council for review and to initiate public consultation.  Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption later in 2015.

 

OPTIONS

 

Council may determine to not endorse one or more of the following:

 

1.    The combining of the existing “Trading in Public Places – Standard Conditions of Approval Version 2” and the “Commercial Hire Sites Policy” into one revised “Trading in Public Places Policy”; or

 

2.    Any clause contained within the proposed “Trading in Public Places Policy”.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Should the Officer Recommendation be endorsed and proceed to public consultation, it is proposed that the completed review of the Policy be submitted to the City’s Policy and Legislation Committee Meeting November 2015 (if required) and if accepted be placed before Council for final adoption at the meeting within December 2015.

 

Committee Recommendation and Officer Recommendation

 

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

 

City of Busselton

020 Trading in Public Places Policy

 

1.        PURPOSE

 

This policy will be used to set standard conditions of approval and provide guidance for permits for traders and stallholders issued in accordance with the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015.

 

2.        SCOPE

 

This policy applies to all applications for a Stallholder’s Permit and Trader’s Permit in a public place within the City of Busselton.

 

As per clause 5.7 (4) of the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015, this policy does not apply to:

1.    An event or trading authorised by the local government under another written law or agreement; or

2.    A person trading in a market authorised by the local government.

 

3.        POLICY CONTENT

 

3.1      OBJECTIVE

 

The purpose of this policy is to provide the Council with a consistent framework to encourage, control and regulate stallholders and traders (including mobile food vehicles and recreational traders) and the placement of goods and services located in public places within the City of Busselton.

 

The City is committed to facilitating entrepreneurial opportunities on the sites that contribute to the wellbeing and prosperity of residents and to the overall experience of visitors to the region.  This policy further aims to encourage a high standard of service delivery to the local community and visitors whilst supporting local economic development and commercial viability.

 

3.2      DEFINITIONS

 

CEO means the Chief Executive Officer of the City of Busselton

 

City means the City of Busselton.

 

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

 

Commercial Traders Location means a location identified by the City for the purpose of allocating a Trader’s Permit – Commercial.

 

Core Trading Period means:

·    15 December to 15 February in any given year; and

·    Each dedicated long weekend in any given year; and

·    Each school holiday period in any given year, excepting the July school holiday period.

 

Council means the Council of the municipality of the City of Busselton.

 

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

 

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

 

Public Place includes –

(a)  any thoroughfare or place which the public are allowed to use, whether or not the thoroughfare or place is on private property; and

(b)  local government property;

but does not include premises on private property from which trading is lawfully conducted under a written law.

 

Stall means a movable or temporarily fixed structure, stand or table in, or on from which trading is conducted.

 

Trading includes –

(a)  the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods or services in a public place;

(b)  displaying goods in any public place for the purpose of –

(i)        offering them for sale or hire;

(ii)       inviting offers for their sale or hire;

(iii)      soliciting orders for them; or

(iv)      carrying out any other transaction in relation to them; and

(c)   the going from place to place, whether or not public places, and –

(i)        offering goods or services for sale or hire; or

(ii)       Inviting offers or soliciting orders for the sale or hire of goods and services.

 

4.         STALLHOLDER’S AND TRADER’S PERMITS

 

            There are 3 types of permit available for trading in a public place as follows:

 

1)     Trader’s Permit – Commercial – A contracted permit over a location that may be predetermined by the City as a Commercial Trader’s Location and may be available to the trader as the result of a competitive process.

2)     Trader’s Permit – A permit for up to 12 months for itinerant vendors or trading at locations that may be predetermined by the City and not defined as a ‘Commercial Trader’s Location’ under this Policy.

3)      Stallholder’s Permit – A permit for up to 12 months for locations that may be predetermined by the City and available for those wanting to operate a stall, whether or not a Trader’s Permit has been issued at that location.

 

4.1  TRADER’S PERMIT - COMMERCIAL

 

1.         COMMERCIAL TRADER’S LOCATION

 

The City reserves the right to identify and allocate sites as Commercial Trader’s Locations within the district and may publically advertise these sites for the purpose of a Trader’s Permit - Commercial. The locations identified as Commercial Trader’s Locations for the purpose of this provision include:

 

Any foreshore or coastal location including but not limited to Busselton, Dunsborough, Eagle Bay, Yallingup and Meelup, or any other location as may be approved by the CEO.

 

Sites may be selected by the City due to their strategic location in the anticipation of attracting a particular activity to an area or may be approved by the City as the result of an application.  When assessing the suitability of a site for use as a Commercial Trader’s Location, an application may be approved or refused after consideration being given to the following;

 

a)    the type of business and regularity it could operate from the nominated location;

b)  the ownership, vesting and current use of the nominated location;

c)   the appropriateness and desirability of the proposed activity in relation to the area;

d)  any impact the business may have on the nominated location;

e)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

f)   the impact the business may have on the surrounding amenity;

g) the strategic implications, including the social, cultural and economic benefits the business may bring to the City, residents and visitors;

h)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

i)    the nature of adjoining existing Commercial Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

Where a proponent seeks a Trader’s Permit - Commercial in a location that has not been previously designated, nor advertised, the site may be authorised by the CEO.

 

Should a location become available, Commercial Trader’s Locations will be advertised as an ‘Expression of Interest’ for a time period of up to four weeks.  Selection criteria will be available and set by the City prior to advertising. 

 

Should an application for a Trader’s Permit - Commercial be submitted by a Community Association, that Community Association will be considered on the same terms and conditions as a commercial entity for the purpose of this Policy.

 

2.         TERM

 

The length of term for a Trader’s Permit - Commercial may be seasonal, that is up to 6 months or up to three years depending on the nature of the business. Prior to the expiry of an existing Trader’s Permit - Commercial, the site shall be readvertised.

 

3.         TRADING PERIOD

 

A Trader’s Permit - Commercial allows the permit holder to trade at the approved Commercial Trader’s Location as defined in Section 4.1(1). 

 

The CEO of the City of Busselton may cancel a Trader’s Permit - Commercial should the operator not trade within any specified Core Trading Period.

 

4.         ASSESSMENT AND SELECTION PROCESS

 

Applications will be assessed using evaluation criteria set by the City, which may be amended from time to time.

 

Applications for permits to sell food and/or beverages must also comply with the Food Act 2008 and with conditions imposed by the City’s Environmental Health Department.

 

4.2  TRADER’S PERMIT

 

1.    TRADER’S LOCATIONS

 

The City reserves the right to identify and allocate sites as approved locations for Trader or Stallholder’s Permits within the District.  Approved locations can be obtained from the City’s Environmental Health Department but these locations are subject to periodical change.

 

Should an application be received requesting a Trader or Stallholder’s Permit at a location outside those designated in clause 4.2(1), the City may grant or refuse the permit after consideration of the following: 

1)  the ownership, vesting and current use of the nominated location – preference will be given to traders and stalls being located in or adjacent to existing carparks;

2)  the appropriateness and desirability of the proposed activity in relation to the area;

3)  any impact the business may have on the nominated location;

4)  any impact, perceived or otherwise, the business may have on surrounding fixed business;

5)  the impact the business will have on the surrounding amenity;

6)  compliance with the requirements of all applicable laws (such as food and vehicular access to beaches/reserve approvals); and

7)  the nature of adjoining existing Trader’s Permits, preference will be given to businesses that are not of an identical nature to an adjoining trader.

 

4.3  STALLHOLDER’S PERMIT

 

The City may approve a Stallholder’s Permit on its individual merit as assessed at any given time, while having regard to the circumstances surrounding the application and in particular those considerations as listed in clause 4.2 above.

 

4.4      STANDARD CONDITIONS OF APPROVAL FOR TRADER AND STALLHOLDER PERMITS       

 

Unless otherwise stated, a Trader or a Trader’s Permit referred to in clause 4.4 and 5.0 includes both a ‘Trader’s Permit – Commercial’ (Clause 4.1) and a ‘Trader’s Permit’ (Clause 4.2). 

 

1.   All Traders or Stallholders must maintain public liability insurance indemnifying the City (and the Crown, where the trader or stallholder is located on a Reserve vested with the City of Busselton) against all actions, suit, claims, damages, losses and expenses made against or incurred by the City arising from any activity, action or thing performed or erected in accordance with the permit. In particular, the Permit Holder shall maintain the following:

a)  a minimum of $10 million public liability insurance or such higher amount as considered appropriate by the City having assessed the potential risk involved. The policy must be able to meet any  possible claim which may be sustained against the permit holder or the City in relation to the death or injury to any person or property arising out of anything authorised by the permit;

b)  hold indemnified the City, and where applicable the Crown, against any claims for compensation however arising from the operation of the trader’s or stallholder’s permit;

c)   hold indemnified the City, and where applicable the Crown, or any person acting on their behalf, compensation by way of damages or loss of income arising from any City approved event or market or any public works within the permit location or its vicinity;

d)  ensure that the City, and where applicable the Crown, is expressly listed on such policy as an ‘interested party’;

e)  advise the City if the policy lapses, is cancelled or is no longer in operation;

f)   on the request of an Authorized Person, provide to the City a copy of a current public liability insurance policy meeting the requirements of this clause. 

 

2.   Should the insurance policy referred to in clause 4.4(1) be terminated for whatever reason then the Trader’s or Stallholder’s Permit shall also be terminated simultaneously.   A permit holder is required to provide to the City a copy of a current public liability insurance policy meeting the requirements of clause 4.4 (1) upon request by an Authorised Officer of the City.

 

3.   Evidence of the public liability insurance required by clause 4.4(1) must be submitted to the satisfaction of the City prior to the establishment, transfer or renewal of the Trader’s or Stallholder’s Permit.

 

4.   The City may vary any of the conditions referred to in clause 4.4 when approving the application if, in the opinion of the City, the circumstances of a particular application warrant the variation and the variation is in accordance with the Local Law.

 

5.   Traders or stallholders shall depart from a permit location upon the direction of any person or body authorized to carry out any works in the street or public place in which the trader or stallholder is situated, or by any employee of such person or body.

 

6.   Traders or stallholders shall depart from a permit location upon the direction of an authorised person for the purpose of an event, market, parade, thoroughfare works or any other contingency which requires removal of the trader or stallholder. 

 

7.   Traders or stallholders shall not have any claim for compensation or damages as a result of any disruption to business or loss incurred due to an event, market, parade, thoroughfare works or any other contingency.  Further, the City is under no obligation to relocate the trader or stallholder and an alternate location may not be offered.

 

8.   Traders or stallholders shall ensure that trading is limited to the goods or services approved within the permit.

 

9.   Traders or stallholders shall ensure that trading is limited to the operating hours where stated within the permit.

 

10.    Where required by the City, the trader or stallholder is to submit a Risk Management Plan in compliance with ASNZS ISO 31000:2009 and to the satisfaction of the City, prior to any permit being granted. 

 

11.    Traders or Stallholders are not permitted to operate within 300m of any retail premises or permanent place of business that has for sale any goods or services of the kind being offered for sale by the trader or stallholder without;

a)      prior approval to operate in such locations being sought; and

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

 

12.    Traders or Stallholders are not approved to park in a public area, reserve, facility or space unless it can be demonstrated to the satisfaction of the City that the location of the vehicle will not pose a traffic impediment or danger to the safety of the general public, whether vehicle or pedestrian.  Should beach or reserve access be required, further approvals may be required from the City’s Ranger and Emergency Services Department.

 

13.    A Trader (except Trader’s Permit – Commercial) or a Stallholder is permitted for a maximum of 4 hours per day in any approved location.

 

14.    A maximum of four (4) Traders or Stallholders are permitted to be approved at any one location at any time.

 

15.    Only one (1) Trader or Stallholder will be permitted to provide any particular kind of good or service at any location at any one time.  The City will not support two businesses with the same focus in one location at any one time.  Where a duplication of product occurs that is ancillary to the primary good or service being offered for sale, this may be approved at the discretion of the City.  For example, two ice cream trucks will not be approved in the same location at the same time.  However, if an ice cream truck and a coffee van have been approved at the same location at the same time and the ice cream truck also wishes to sell coffee, he will be permitted to do so as it will be considered ancillary to his primary good being offered for sale, being ice cream.

16.    Traders or Stallholders displaying goods or services on footpaths must be at least 2 metres away from a truncation, crossover or street corner.

 

17.    Traders or Stallholders will not be permitted on footpaths where access to an arcade or business entrance, loading zone or disabled parking bay may be impeded.  Note – vehicles are not permitted to park on a footpath under any circumstances.

 

18.    A Trader or Stallholder must not deposit or store any container, vehicle or structure containing any goods or services on any part of a thoroughfare so as to obstruct the movement of pedestrians or vehicles.

 

19.    All Traders and Stallholders are to comply with the Environment Protection (Noise) Regulations 1997 at all times.

 

20.    Food vehicles and food operations must comply with the Food Act 2008, Food Regulations 2009 and the Food Standards Code.

 

21.    Traders and Stallholders (except where approved, Trader’s Permit - Commercial) are not permitted to set up or provide external tables or chairs for customers.

 

22.    Solicitation of customers by touting or the use of public address systems is prohibited, unless otherwise approved by the City.  For example, when an ice cream truck holding a trader’s permit operates as an itinerant vendor, the playing of music may be approved by the City in this instance.

 

23.    All Traders and Stallholders must ensure that the permit location is kept clean and tidy at all times. The permit holder is responsible for the disposal of all litter associated with the provision of the good or service and the cleaning of the permit location.

 

24.    All Traders and Stallholders must ensure that debris or litter is not swept into any street gutter or drain and/or subsequently washed down the stormwater drainage system. No detergents and cleaning agents shall be washed into the street, gutter or drainage system.

 

25.    The Trader or Stallholder is responsible for the maintenance of the permit location and shall maintain all display stands or any equipment related to the permit whatsoever, to a high standard as assessed by an Authorised Offer of the City.

 

26.    The Trader or Stallholder must not display or allow to be displayed any advertisement, placard, flags, bunting, poster, streamer, sign or signboard other than attached to and forming part of the permit holder’s vehicle or stall or display stand or in the permit location. No flashing lights are permitted as part of a permit holder’s vehicle or stall or display stand or in the permit location under any circumstances.

 

27.    Traders or Stallholders are not permitted to have or bring onsite any live animals, including dogs, whether for sale to the public or otherwise, to any trader or stall location.

 

4.5      SPECIAL CONDITIONS OF APPROVAL FOR TRADERS AND STALLHOLDERS AT YALLINGUP

 

1.        Traders and Stallholders (except Trader’s Permit - Commercial) will only be permitted for a maximum of 2 hours per day between 1 May and 30 November in any year with clause 4.4 (6) applying at all other times. 

 

 

 

4.6      SPECIAL CONDITIONS FOR COMMUNITY ASSOCIATIONS

 

Community associations are entitled to a fifty percent fee reduction for Trader (except Trader’s Permit – Commercial) and Stallholder applications.

 

5.0   REFUSAL OF A TRADER OR STALLHOLDER APPLICATION

 

Subject to clause 5.5(2) of the Local Law, the City or an Authorised Officer may refuse an application for a Trader’s or Stallholder’s permit if the applicant has committed a breach of a provision of the Local Law or this Policy or of any other written law relevant to the activity in respect of which the permit is sought.

 

6.0   ADMINISTRATION OF THIS POLICY

 

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

Trading in Public Places Policy on behalf of Council.

 

Policy Background

Policy Reference No. – 020

Owner Unit – Environmental Health and Economic Development

Originator –Environmental Health Coordinator

Policy approved by – Council

Review Frequency – As required

Related Documents –

City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015

Shire of Busselton Property Local Law 2010

Shire of Busselton Local Law Relating to Trading in Public Places 1992 (rescinded)

Commercial Hire Site Policy – Reference No. 008

Trading in Public Places Policy – Reference No. 020

 

 

           

 

 


Council                                                                                      51                                                               14 October 2015

10.5           Policy and Legislation Committee - 17/09/2015 - SHARK HAZARD RESPONSE POLICY

SUBJECT INDEX:

Monitoring: Shark Sightings and Attacks

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Ranger and Emergency Services

REPORTING OFFICER:

Manager, Environmental Services  - Greg Simpson

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Policy and Legislation Committee at its meeting on 17 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council is asked to adopt a policy that sets out the City’s approach to responding to shark attacks and shark sightings. This policy will direct the City’s response to shark sightings and attacks, response activities and communications to the public related to shark threats, jurisdiction and role clarification of agencies involved in response protocols and to prioritize the City’s response activities.

 

BACKGROUND

 

On 26 November 2014 Council resolved (resolution C1411/307) to endorse a fundamental approach in relation shark hazard response as follows:

 

1.    In the event of a shark attack, respond to WA Police direction as necessary;

2.    Recognise that Surf Life Saving WA (SLSWA) will respond in accordance with their procedures on SLSWA patrolled beaches, when those beaches are being patrolled;

3.    Recognise that the Busselton Jetty Environment and Conservation Association (BJECA) will respond in accordance with their Shark Hazard Management Plan in relation to the Busselton Jetty;

4.    Liaise with Geographe Bay Tourism Association (GBTA) with the aim of having that

5.    organisation take on responsibility for active placement of shark hazard warning signage at Busselton Foreshore;

6.    As resources allow, City Rangers to actively respond through placement of temporary signage and warning persons on the beach or in the water, where there are verified sightings (from the SLSWA Helicopter or Shark Monitoring Network) of large sharks (greater than 2.5 metres in length) within 1.0 kilometre of coastal, beach locations (i.e. excluding rocky coastline areas) managed by the City (i.e. excluding National Park and private land);

7.    Provide information to the community through the City website and water safety signage at key beach access locations, including how persons can access information about shark hazard, including real time information via the SLSWA website and Twitter feed, including appropriate ‘QR’ codes;

8.    Request that the State Government consider funding additional SLSWA services in the City of Busselton to enhance water safety in the State’s premier tourism destination; Support continued State Government engagement in shark hazard response matters; and

9.    That the CEO prepares a more detailed policy to guide the City’s shark hazard response for consideration by the Policy and Legislation Committee.

 

This policy  is intended to provide direction for City’s response to shark sightings and attacks as per points 1 – 7 from 26 November 2014 Ordinary Meeting to direct the City’s response activities and communications to the public related to shark threats, jurisdictions and role clarification of agencies involved in response protocols and to prioritize the City’s response activities.

 

STATUTORY ENVIRONMENT

 

There is no government Hazard Management Agency responsible for the overall management of shark hazard, however, should a shark attack occur the WA Police take control of the incident. WA Police is the Hazard Management Authority for marine search and rescue in Western Australia.

 

Clause 5.3 under the City’s Property Local Law 2010, indicates that an authorized officer may perform

certain functions in relation to beaches which although not being within the boundaries of the City district are regarded for those purposes as being in the district and include the function of erection of

a sign and the regulating, prohibiting or restricting specified activities on the whole or any part of the

beach. The authorised officer may also direct a person to leave the water adjacent to a beach during

dangerous conditions or if a shark is suspected of being in the vicinity of a beach.

 

RELEVANT PLANS AND POLICIES

 

There are currently no plans or policies especially relevant to the consideration of this matter. This policy seeks to establish the City’s approach to responding to shark attacks and sightings

 

FINANCIAL IMPLICATIONS

 

The financial implications associated with implementation of the recommendations of this report include provision and maintenance of signage at key beach access paths displaying details on how to access the most recent and local shark activity.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 1 ‐ Caring and Inclusive Community and Community Objective 1.1 ‐ A community where people feel safe, empowered, included and enjoy a

sense of good health and wellbeing.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls, is medium or greater.  As the City has no formal or legal responsibilities and the assessment is of risk to the City, it is reputational risks that have been identified.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational

Shark attack on

unpatrolled beach

Communication plan

to provide shark

activity report

information to the

public.

Moderate

Possible

Medium 13

Reputational

Shark attack during an event

Water based events

organisers' risk

management plans

are required to

consider shark attack

(water management

plan, shark attack

plan, rescue in place,

shark patrols).

Moderate

Unlikely

Medium 9

 

CONSULTATION

 

Staff from South West Local Governments including the Cities of Busselton and Bunbury and Shires of Augusta - Margaret River and Capel have consulted on shark related matters such as the ability of Local Government to provide a reasonable level of care, in responding to shark sightings.

 

In August 2014, officers from South West Local Government and key stakeholder agencies and organisations including the Department of Premier and Cabinet, Department of Fisheries, Department of Parks and Wildlife, WA Police, Surf Life Saving WA and Local Government Insurance Services attended a Shark Response Think Tank meeting. The aim of this Think Tank meeting was to discuss the issues relating to shark hazard and shark sighting response and to pursue the development of risk based procedures and protocols for Local Government and other Authorities that have an inferred responsibility for responding to shark sightings.

 

OFFICER COMMENT

 

The increase in shark attacks and shark sightings along the West Australian coast over recent years has heightened community concern about shark hazard and while a State wide process for reporting shark sightings has been established through the WA Water Police, the responsibility for on ground response to these sightings has been informally devolved to the land manager nearest to the location where each shark is sighted.

 

This inferred responsibility on regional coastal land managers for responding to shark sightings, many of which are Local Governments, has prompted some consternation with this approach, due to  matters such as jurisdiction boundaries, lack of information to make informed decisions to alert the community, unpredictability of sharks, lack of resources to provide permanent beach surveillance over large expanses of coastline, limited Surf Life Saving patrolled beaches and safe swimming enclosures.

 

The City has approximately 90 kilometres of coast line, the majority of which is under the management of the City or Department of Parks and Wildlife.  It is therefore considered appropriate that Council adopt a policy that sets out the City’s direction and protocol for responding to shark attack and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

The City regularly receives reports of shark sighting via the WA Police and SLSWA helicopter surveillance service that operates along the coast during summer, from the Shark Monitoring Network beacons located at Meelup and the Busselton Jetty to detect those sharks tagged by the Department of Fisheries and from the WA Water Police.

 

Shark response in WA is a shared responsibility however, there are limitations within the current shark reporting arrangements to inform on ground response to these sightings. Shark sighting reports received from the SLSWA helicopter surveillance service and from the Shark Monitoring Network generally provide accurate details about the location of the shark, direction of travel, size and species which are essential for making decisions about swimmer safety including erection of signage and informing swimmers that a shark has been sighted in the vicinity. The shark sighting reports from SLSWA helicopter surveillance service and from the Shark Monitoring Network are considered verified and this information is used to inform the City response activities.

 

Shark sightings reported by members of the community via the WA Police are considered less accurate and are reliant on the ability of the person submitting the report to provide accurate information. Shark sighting reports from the general community often lack essential and detailed information. These reports are often lack details as to the shark species, direction of travel and often include approximations about shark size and location of the sighting.

 

Given the uncertainty about the reliability of the shark sighting details, that there is often a brief delay before the City receives the shark sighting report details via WA Police SMS system and that sharks are highly transient and are known to travel at a rate of 2 to 4 kilometers per hour, a shark can travel some considerable distance from its original sighting location after the report. The information received from these sources is considered unverified.

 

The level of response to a shark sighting is governed by resource availability and unless the authorised person for determining the on-ground response, has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen),  signage and beach patrols will not be undertaken as a response  to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

When a shark is sighted at a beach patrolled by SLSWA the on duty life saver will implement the SLSWA shark sighting response procedure to alert swimmers within close proximity to the shark hazard by sounding beach alarms, clearing the water of swimmers and by monitoring the shark presence and opening the beach to swimming, usually 1 hour after the last shark sighting. This policy recognizes the role of SLSWA as the appropriate agency for making decisions to protect swimmers at a SLSWA patrolled beach.

 

This policy also recognizes that better community awareness and education about the shared responsibility of risk is needed. An effective communication plan is considered essential for ensuring the community is provided with the most recent information on local shark sightings to inform their decision to swim in the ocean, particularly at an unpatrolled beach.

 

The WA Governments Shark Smart website together with the Surf Life Saving Twitter feed and smart phone Beach safe application, provide up to date information to the community for WA beaches including patrol information, hazards, warnings, weather information, shark sightings, rescue statistics and general beach information. This policy supports the promotion of information provided from WA Government Shark Smart website and SLSWA Twitter feed as well as promotion through the City’s website, the times and dates of SLSWA patrolled beaches to encourage swimmers to safer swimming locations.

 

CONCLUSION

 

The proposed policy is seen as providing a best practice approach for informing swimmers on the latest shark activity in the area and for swimmer safety and it is recommended that the Council formally adopt the policy.

 

OPTIONS

 

The following options are available to the Council –

- Resolve not to have a policy on these matters; or

- Defer the matter for further discussion and consideration; or

- Resolve to make specific changes to the policy; and or

- Undertake further consultation prior to the adoption of the policy

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Implementation of the officer recommendation will involve publication of the policy on the City’s website and the updating/reviewing of internal procedures and protocols to reflect the policy. Those things would occur within one month of the Council making a resolution consistent with the officer recommendation.

 

Committee Recommendation and Officer Recommendation

 

That the Council resolve to adopt the following policy:

 

Shark Hazard Response

 

1.    PURPOSE

 

The purpose of this policy it to –

1.1.       Provide direction for responding to shark attacks and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

1.2.       Guide the administration of the City of Busselton Property Local Law 2010, under which a sign may be erected to regulate, prohibit or restrict specific activities on the beach or in the water and the giving of directions to swimmers to leave the water if a shark is suspected of being in the vicinity of the beach.

 

2.    SCOPE

 

This policy applies to beach areas under the care, control or management of the City, excluding privately owned land and land in National Park, extending along the coast from the Shire of Capel boundary to the Shire of Augusta Margaret River boundary.

 

3.    INTERPRETATION

 

Authorised Person means the Chief Executive Officer or a person or class of persons appointed under section 9.10 of the Local Government Act 1995 for the purpose of administering the City of Busselton Property Local Law 2010 and Jetty Local Law 2014

 

SLSWA means Surf Life Saving Western Australia

 

Patrolled Beach means a beach that has a SLSWA beach safety and surveillance service in operation.

 

Unverified Shark Sighting means a shark sighting reported to the City from Water Police WA  and forwarded to the City from the Water Police WA.

 

Verified Shark Sighting means a shark sighting reported to the City by the SLSWA Helicopter service and or WA Government Shark Monitoring Network.

 

4.    GENERAL PRINCIPLES

 

4.1.       The Chief Executive Officer will prepare more detailed internal procedures/protocol to supplement this policy and to guide operational staff in the exercise of their functions. The Chief Executive Officer will consult with Councillors as appropriate in the development of those procedures/protocol.

 

4.2.       This policy recognises that at a beach patrolled by SLSWA, the on duty life saver will be responsible for implementing shark sighting response in accordance with the SLSWA standard operating procedures.

 

4.3.       The City will engage with the Geographe Bay Tourism Association and Busselton Jetty Environment and Conservation Association with the aim of having these organisations assist the City’s response to shark sightings including the active placement of shark sighting signage at the Busselton Beachfront and on the Busselton Jetty generally in accordance with this policy.

 

4.4.       Shark sighting reports received from the SLSWA helicopter surveillance service and Shark Monitoring Network generally provide details about the location of the shark, size, species and in some instances direction of travel, which are essential for making decisions about swimmer safety. The SLSWA helicopter surveillance and Shark Monitoring Network service when available, will inform the City’s response to a shark sighting.

 

4.5.       In the event of a shark attack fatality, WA Police are the lead agency. The City will provide assistance with the management of the shark attack and implement beach safety measures as considered necessary and under the direction of the WA Police.

 

4.6.       Where an order to capture a shark has been granted to the Department of Fisheries and a direction given to swimmers to leave the water following a shark attack, the decision to re-opening a beach for swimming should be not less than 24 hours after the shark attack occurred and or after the Department of Fisheries advise that the order to capture the shark has been lifted.

 

4.7.       Better community awareness and education about the shared responsibility of risk is needed. The City will actively promote the WA Governments Shark Smart website, SLSWA twitter feed and other communication platforms in place to inform the community of recent reports of shark activity.

 

5.    POLICY CONTENT

 

5.1.  At a Patrolled Beach, an SLSWA life guard is the authorised person for responding to a shark sighting and for implementing the SLSWA response procedure which may include sounding alarms to alert swimmers, clearing the water of swimmers and monitoring shark presence.

 

5.2.  Subject to availability, City Rangers (6am – 6pm and noting that fire or dog attacks take precedence) are authorised persons for the purpose of responding to a verified shark sighting at an unpatrolled beach  as follows:

 

5.2.1.     If the shark sighted is less than 2.5 metres in length, the City will maintain normal operations and not take any action.

 

5.2.2.     If the shark sighted is greater than 2.5 meters in length and less than 500 meters from the shore, temporary signage is to be placed on the beach immediately adjacent to the shark sighting location, at intervals of approximately 500 metres and/or on key beach entry points, for a distance of approximately 500 meters from a point on the beach immediately adjacent to the shark sighting location.

 

5.2.3.     Signage installed on a beach shall not mean beach closure and shall be advisory signage only and remain in place for at least two hours from the time of installation after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.3.  Unless the authorised person has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen)  the  City will generally not install signage and patrol beaches as a response to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

5.4.  In response to a shark sighting at the Busselton Jetty an authorised person will install on the Busselton Jetty in an appropriate location, signage approved by the City to inform the public entering the Busselton Jetty of the time and location of shark sighting. Signage shall remain in place for at least two hours after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.5.  Community awareness of shark hazard will be promoted by:

 

5.5.1.     Providing information on the City website about how to access recent reports of shark activity from the WA Government information and communication platforms including Shark Smart website and SLSWA Twitter feed, the times and dates of SLSWA patrolled beaches to encourage swimmers to SLSWA patrolled beaches and the beach enclosures at Dunsborough and Busselton.

 

5.5.2.     Installing permanent signage at key beach car parks to inform and promote to beach users, how to access the most recent information on local shark activity and include appropriate QR codes for international visitors.

 

5.5.3.     Temporary signage installed in accordance with this policy shall inform beach users and swimmers that a shark has been sighted in the vicinity and provide information on how to access the latest shark sighting report information from SLSWA and from the WA Government information and communication platforms.

 

Note:     Upon further review of the draft Policy after Committee consideration, officers are           recommending a minor change to the draft Policy, which is reflected in the Amended Officer          Recommendation presented below. The change relates to clause 5.2 of the draft Policy, and clarifies that City Rangers are authorised officers at all times, not just when they are available                to act, but will nevertheless only be able to act and exercise their authorisation when they               are actually available and response to this particular issue is able to be prioritised, cognisant             of the need to prioritise work where there are competing priorities and finite resources.

 

Amended Officer Recommendation

 

That the Council resolve to adopt the following policy:

 

Shark Hazard Response

 

1.    PURPOSE

 

The purpose of this policy it to –

1.1.       Provide direction for responding to shark attacks and shark sightings, as well as the broader approach to water safety warnings and information provided to the public.

 

1.2.       Guide the administration of the City of Busselton Property Local Law 2010, under which a sign may be erected to regulate, prohibit or restrict specific activities on the beach or in the water and the giving of directions to swimmers to leave the water if a shark is suspected of being in the vicinity of the beach.

 

2.    SCOPE

 

This policy applies to beach areas under the care, control or management of the City, excluding privately owned land and land in National Park, extending along the coast from the Shire of Capel boundary to the Shire of Augusta Margaret River boundary.

 

3.    INTERPRETATION

 

Authorised Person means the Chief Executive Officer or a person or class of persons appointed under section 9.10 of the Local Government Act 1995 for the purpose of administering the City of Busselton Property Local Law 2010 and Jetty Local Law 2014

 

SLSWA means Surf Life Saving Western Australia

 

Patrolled Beach means a beach that has a SLSWA beach safety and surveillance service in operation.

 

Unverified Shark Sighting means a shark sighting reported to the City from Water Police WA  and forwarded to the City from the Water Police WA.

 

Verified Shark Sighting means a shark sighting reported to the City by the SLSWA Helicopter service and or WA Government Shark Monitoring Network.

 

4.    GENERAL PRINCIPLES

 

4.1.       The Chief Executive Officer will prepare more detailed internal procedures/protocol to supplement this policy and to guide operational staff in the exercise of their functions. The Chief Executive Officer will consult with Councillors as appropriate in the development of those procedures/protocol.

 

4.2.       This policy recognises that at a beach patrolled by SLSWA, the on duty life saver will be responsible for implementing shark sighting response in accordance with the SLSWA standard operating procedures.

 

4.3.       The City will engage with the Geographe Bay Tourism Association and Busselton Jetty Environment and Conservation Association with the aim of having these organisations assist the City’s response to shark sightings including the active placement of shark sighting signage at the Busselton Beachfront and on the Busselton Jetty generally in accordance with this policy.

 

4.4.       Shark sighting reports received from the SLSWA helicopter surveillance service and Shark Monitoring Network generally provide details about the location of the shark, size, species and in some instances direction of travel, which are essential for making decisions about swimmer safety. The SLSWA helicopter surveillance and Shark Monitoring Network service when available, will inform the City’s response to a shark sighting.

 

4.5.       In the event of a shark attack fatality, WA Police are the lead agency. The City will provide assistance with the management of the shark attack and implement beach safety measures as considered necessary and under the direction of the WA Police.

4.6.       Where an order to capture a shark has been granted to the Department of Fisheries and a direction given to swimmers to leave the water following a shark attack, the decision to re-opening a beach for swimming should be not less than 24 hours after the shark attack occurred and or after the Department of Fisheries advise that the order to capture the shark has been lifted.

 

4.7.       Better community awareness and education about the shared responsibility of risk is needed. The City will actively promote the WA Governments Shark Smart website, SLSWA twitter feed and other communication platforms in place to inform the community of recent reports of shark activity.

 

5.    POLICY CONTENT

 

5.1.  At a Patrolled Beach, an SLSWA life guard is the authorised person for responding to a shark sighting and for implementing the SLSWA response procedure which may include sounding alarms to alert swimmers, clearing the water of swimmers and monitoring shark presence.

 

5.2.  City Rangers are authorised persons for the purpose of responding to a shark     sighting. Subject to availability (i.e. during rostered hours, usually 6am-6pm, seven days per week, and when priorities allow, noting that fire/emergency management response, dog attacks or other work that addresses more pressing risks will be prioritised when there is a need to prioritise due to resources being finite), City Rangers will respond to a verified shark sighting at an unpatrolled beach as follows:

 

5.2.1.     If the shark sighted is less than 2.5 metres in length, the City will maintain normal operations and not take any action.

 

5.2.2.     If the shark sighted is greater than 2.5 meters in length and less than 500 meters from the shore, temporary signage is to be placed on the beach immediately adjacent to the shark sighting location, at intervals of approximately 500 metres and/or on key beach entry points, for a distance of approximately 500 meters from a point on the beach immediately adjacent to the shark sighting location.

 

5.2.3.     Signage installed on a beach shall not mean beach closure and shall be advisory signage only and remain in place for at least two hours from the time of installation after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.3.  Unless the authorised person has a very clear basis to think there is a significantly high risk than is normally the case (i.e. there is always a level of risk as only a very small portion of shark activity is ever seen)  the  City will generally not install signage and patrol beaches as a response to an unverified shark sighting where the report relates to an unpatrolled beach, except where the unverified shark sighting is more than 2.5 meters in length and is within one 500 meters from the Busselton Jetty and or within 500 meters of the Dunsborough beach area adjacent to the intersection of Dunn Bay Road and Geographe Bay Road.

 

5.4.  In response to a shark sighting at the Busselton Jetty an authorised person will install on the Busselton Jetty in an appropriate location, signage approved by the City to inform the public entering the Busselton Jetty of the time and location of shark sighting. Signage shall remain in place for at least two hours after the last shark sighting (if after 5pm, signs are to remain in-situ overnight).

 

5.5.  Community awareness of shark hazard will be promoted by:

 

5.5.1.     Providing information on the City website about how to access recent reports of shark activity from the WA Government information and communication platforms including Shark Smart website and SLSWA Twitter feed, the times and dates of SLSWA patrolled beaches to encourage swimmers to SLSWA patrolled beaches and the beach enclosures at Dunsborough and Busselton.

 

5.5.2.     Installing permanent signage at key beach car parks to inform and promote to beach users, how to access the most recent information on local shark activity and include appropriate QR codes for international visitors.

 

                5.5.3.     Temporary signage installed in accordance with this policy shall inform beach users                           and swimmers that a shark has been sighted in the vicinity and provide information                          on how to access the latest shark sighting report information from SLSWA and from                               the WA Government information and communication platforms.

 


Council                                                                                      61                                                               14 October 2015

10.6           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - AIRPORT UPDATE

SUBJECT INDEX:

Airport Operations

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Airport Operations Coordinator - David Russell

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides an overview on the Busselton Regional Airport (BRA) operations and activities for the reporting period 1 July to 31 August 2015.

 

BACKGROUND

 

As reported at the June Airport Advisory Committee (AAC) meeting, Virgin Australia Regional Airlines (VARA) cancelled the last remaining Regular Passenger Transport (RPT) flight operating from the BRA in April 2015. As a result of this, City Officers applied to the Office of Transport Security (OTS) to change its security classification from Category 5 to Category 6 (no screening operations) which has now been approved. This change in classification enables the airport to remain a secure airport, maintaining the existing security culture, and enable an easier transition to Category 3 reclassification in the future to include screening services as the airport development progresses.

 

Also as reported at the June AAC meeting the Aerodrome Emergency Plan had been forwarded to Civil Aviation Safety Authority (CASA) for approval, this plan has now been accepted by CASA resulting in the completion of the update of the Aerodrome Manual which has now been forwarded to CASA for approval.

                   

FIFO Charter passenger numbers have seen a slight increase through the BRA in the last 2 months. Below is a table indicating the number of FIFO Charter passengers arriving and departing through the airport for the reporting period 1 July 2015 to 31 August 2015 in comparison to previous years:

 

 

Departing FIFO Passengers

Arriving FIFO Passengers

 

2013

2014

2015

2013

2014

2015

July

1017

1225

1269

838

954

1008

August

871

1137

1177

530

871

944

Total

1888

2362

2446

1368

1825

1952

 

 

The total number of departing FIFO services to mine sites is currently at 14 flights per week.

 

The BRA has seen a reduction in the instances of damage to the car park exit barriers, however it has been discovered that some people are exiting the car park using fraudulent tickets and without paying. These carpark patrons arrive via bus at night, outside of the BRA operational hours and hence there are no staff onsite.  City Officers have been working closely with Rio Tinto to educate their arriving mine site employees on the correct procedures regarding the car parking at the BRA. Officers have engaged the supplier of the carpark payment machines (Romex) to disable the operating function that allows the exiting with fraudulent tickets.

 

Additionally, Airport Officers are planning to implement EFTPOS / credit card facilities and will investigate the implementation of CCTV in the next few months which will make it easier for patrons using the car park and increase security.

 

Security to the airside areas has been improved with the change of access gate codes following staff changes as per the Transport Security Program. Improvements to gate signage have been completed to assist airport users and emergency services requiring airside access.

 

Busselton Aero Club

 

A presentation, question and answer session on the Busselton Regional Airport Redevelopment Project was provided by City Officers at the Busselton Aero Club’s Annual General Meeting held on 2nd of August 2015. City officers will continue to update the Club throughout the project development.

 

Busselton Aero Club – Aerofest 2016

 

The City of Busselton has received a request from the Busselton Aeroclub for a waiver of landing fees for visiting aircraft attending the Aerofest event planned for 5th and 6th March 2016 (subject of a separate agenda report).

 

The City has also provided a letter of support to the Busselton Aero Club for the event  so that the Club can progress their CASA and RAAF applications; both applications require the Airport owner/operator to indicate approval for the event.

NMP non-compliances, Compliance reporting / EPA audit report

 

Under the Noise Management Plan (NMP) the City is required to submit its annual compliance report to the Office of Environmental Protection Authority (OEPA) prior to 22 September 2015 for the reporting period of 23 June 2014 to 22 June 2015.

 

The annual compliance report was submitted in late July 2015 and reported that twelve (12) out of an available twelve (12) CEO approved non-conforming activities (Section 3.3.3 Approval for Non-Conforming Activity of the NMP) were used. Additionally, the compliance report stated that three non-compliant incidents of flight training had been reported to the Office of the Environmental Protection Authority (OEPA) during the reporting period and seven other non-compliances had occurred during the year but in accordance with the Compliance Assessment Plan (CAP) these are only required to be reported in the annual compliance reporting.

 

The City received the OEPA Notice of Desktop Audit of Ministerial Statement 901 and 1009 following assessment of the City’s annual compliance report on 14 September 2015 which reported that the City of Busselton is complying with the requirements of the Statements 901 and 1009. Officers will ensure that the 2014/2015 compliance reporting is posted on the City’s website in accordance with the NMP.

 

The first review of the NMP was submitted to the OEPA in 2014 with a number of amendments considered. The City of Busselton was advised by the OEPA on 7th July 2015 that the Minister for Environment; Heritage has approved the changes to the NMP and issued new Ministerial Statement 1009. The Busselton Regional Airport Noise Management Plan (2015) has now been implemented and posted on the City’s website as well as regular BRA air operators notified of the changes.

 

Since the start of the new reporting period of 23 June 2015, four CEO approved non-conforming activities have been authorised to date.

 

STATUTORY ENVIRONMENT

 

The Busselton Regional Airport operates in accordance with the following: Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, CASA MOS 139, Council’s Transport Security Plan and City policies and procedures.

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

Airport revenue for the 2015/2016 financial year received to date is $139,573 compared to a projected YTD budget of $300,027. The main reason that revenue is below expected is due to not receiving payment from VARA for both landing fees and passenger fees in this financial year estimated at $100,000. Officers are liaising with VARA to ensure that payments are made in a timely manner. Car parking revenue is also below expected which has been partly impacted by the use of fraudulent tickets and non-payment by certain patrons.

 

Airport expenditure for 2015/2016 financial year to date is $150,242 compared to a projected YTD Budget amount of $271,851. Expenditure is less than expected due to a decrease in wages and the majority of maintenance tasks being deferred until the summer months.

 

Long-term Financial Plan Implications

 

There are no financial implications as a result of this report.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s strategic Objectives:

 

Well Planned, Vibrant and Active Places:

 

·    Infrastructure Assets that are well maintained and responsibly managed to provide for future generations;

 

·    Connected City of Busselton Transport options that provide greater links within our district and increase capacity for community participation.

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

Consultation with Department of Transport, South West Development Commission, Aviation Projects, Government agencies, Airport stakeholders, Office of Transport Security (OTS), Civil Aviation Safety Authority (CASA), Virgin Australia Regional Airline, the Busselton Aero Club, Maroomba Airlines, Emergency Service Agencies, Albany, Esperance, Geraldton Airports and Australian Airports Association has been occurring on a regular basis concerning many topics and issues relating to the Airport.

 

OFFICER COMMENT

 

Staffing levels at the airport have returned to required levels with the recent employment of 1 x full time airport reporting officer and 1 x part time airport reporting officer after resignations over the last 8 months. Officers are currently undertaking a review of the Airport website information and preparing a design that will be used in consultation with IT to develop a new, standalone Busselton Regional Airport website.  A review and assessment of the Wildlife Management Plan database and recorded data is under way in understanding the wildlife species and bird movements at different times of the year to provide better information to airport users of the potential risks from wildlife in the vicinity of the airport.

 

Other maintenance and projects include:

·    Development of a Crane/ Airspace Access Form is underway to provide City Officers a better understanding of airspace penetration and Obstacle Limitations Surface restrictions in regard to crane and building applications.

 

·    Airport Officers in conjunction with the Building Department are proceeding with permits for a staff room facility at the airport for airport employees including City staff and external contractors such as Margaret River Busselton Tourism Association.

 

·    Officers are also in the process of removing all airside farm fences to improve the aesthetics of the airport and safety of aircraft should they venture from the runway.

 

·    The development and distribution of a Fly Neighbourly Agreement for airport users as per the BRA Noise Management Plan has been completed to minimise noise impact to residents from BRA regular aviation operators including emergency services.

 

·    Requests have been received by the City of Busselton for lease areas for three new hangars. The expected hangar sizes are in the region of 20mx20m or 20mx30m and Officers will wait for the completion of the Busselton Regional Airport Master Plan which is expected in November 2015 before progressing these opportunities.

 

CONCLUSION

 

The beginning of 2015/16 financial year has been a busy period with a number of operational improvements taking place including perimeter road and carpark surface repairs, vegetation growth maintenance, removal of airside farm fences and numerous standard operating and procedural improvements. Additionally, with the commencement of new staff inductions have been undertaken to ensure that the Airport is functioning safely and efficiently.

 

OPTIONS

 

The Council chooses not to accept the Officers report.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Not Applicable.

 

Committee Recommendation and Officer Recommendation

 

That the Council receives and notes the Airport operations report.

 


Council                                                                                      65                                                               14 October 2015

10.7           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT - WAIVER OF LANDING FEES

SUBJECT INDEX:

Airport Operations

STRATEGIC OBJECTIVE:

Transport options that provide greater links within our district and increase capacity for community participation.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Commercial Services

REPORTING OFFICER:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Attachment a   Busselton Aero Club

Attachment b    Landing Fees Presentation  

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks Council endorsement to waive aircraft landing fees for aircraft participating in Busselton Aero Club Aerofest 2016 event to be held on the 5th and 6th March 2016.

 

BACKGROUND

 

The Busselton Aero Club held an Aerofest event at the Busselton Regional Airport (BRA) in March 2014. Various types of recreational and general aviation aircraft flew into the BRA for the event which provided members of the surrounding community a chance to get up close to the aircraft and to talk to aircraft owners and pilots. In addition to light aircraft the public also had full access to the Aerorescue Dornier, the Department of Fire and Emergency Services (DFES) fire attack helicopters which are based at BRA during the fire season, and a Royal Australian Air Force (RAAF) PC 9 aircraft.  Additionally water bombing displays were put on by the DFES helicopter and water bomber aircraft and helicopter joy flights were available to the public.

 

The 2014 event was considered very successful with approximately 60 recreation and general aviation aircraft flying into Busselton, including Royal Flying Doctor Service (RFDS), Aerorescue, RAAF and DFES aircraft.  An estimated 3000 members of the public attended over the course of the day. Approximately $18,000  was raised by way of a $10.00 entry fee for adults with children free, which after operational costs, the Busselton Aero Club donated the remaining funds to the following local organisations;  Busselton Scouts, Sea Cadets, RFDS and 7/10 Squadron Air Training Corps and Busselton Hospice.

 

The donation of funds to the local organisations was helped by the Council waiving the Landing fees for aircraft involved with the Aerofest 2014 event (C1307/179).

The City of Busselton has received a formal request from the Secretary of the Busselton Aero Club asking for landing fees for aircraft associated with the forthcoming Aero Fest in March 2016 to be waived (Attachment A).

 

The 2016 event is planned to be a larger event than the 2014 Aerofest with an expected 80 aircraft visiting from within the region and interstate. It is also planned to have DFES water bombers and the Busselton based DFES and Surf Lifesaving Western Australia (SLSWA) helicopter proving aerial displays, these aircraft will also be on static display to the public along with the Aerorescue Dornier, RFDS PC12 and RAAF PC9 aircraft. An application has also been made to the RAAF to have the Roulette display team in attendance and should this application be successful it is expected that public attendance will be approximately 4000.

STATUTORY ENVIRONMENT

 

The Busselton Regional Airport operates in accordance with the following: Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, CASA MOS 139, Council’s Transport Security Plan and City policies and procedures.

 

In accordance with the Local Government Act 1995 Section 6.47- Concessions, a Local Government requires a resolution (Absolute Majority) of Council to waive fees and charges.

 

6.47 Concessions

 

‘Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may at the time of imposing a rate or service charge or at a later date resolve to waive a rate or service charge or resolve to grant other concessions in relation to a rate or service charge.’

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

The Busselton Aero Club’s formal request is to waiver landing fees for aircraft attending or taking part in the Aero Fest event to be held on the 5th and 6th of March 2016. It is anticipated that the approval of this request would be a revenue loss to the City of Busselton estimated to be in the region of $698.50 as per the table below.

 

 

Number Aircraft

Cost per Aircraft

Total (inc GST)

0-999kg-$

40

$4.50

$180.00

1000-1999kg$

25

$8.50

$212.50

>1999kg

unknown

 

 

RAAF

6

$51.00

$306.00

Aerorescue

1

EXEMPT

 

RDFS

1

EXEMPT

 

DFES

2

EXEMPT

 

SLSWA

1

EXEMPT

 

 

The Busselton Aero Club will be required to provide to the City of Busselton a record of all aircraft registrations that land at BRA specifically for the event on the 5th and 6th of March 2016 as evidence of participation in order for landing fees to be waived. This record will be provided to AVDATA who will exempt the specified aircraft from landing fees over this period.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s strategic Objectives:

 

Well Planned, Vibrant and Active Places:

 

·    Infrastructure Assets that are well maintained and responsibly managed to provide for future generations;

 

·    Connected City of Busselton Transport options that provide greater links within our district and increase capacity for community participation.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer recommendation has been undertaken using the City’s risk assessment framework. The table below describes identified ‘downside’ risks where the residual risk, once controls have been identified, are identified as ‘medium’ or greater;

 

Risk

Controls

Consequence

Likelihood

Risk Level

Financial risk in that the projected estimated landing fees to be waived have been underestimated, resulting in higher lost revenue.

 

The estimated landing fees to be waivered for the event are based on the 2014 event plus approximately a 25% increase in visiting aircraft numbers.

Insignificant

Likely

Medium

 

CONSULTATION

 

Consultation will be held with CASA, the Office Transport Security (OTS), Aero Club Members and members of the City’s Event team in ensuring that all event approvals are achieved. The Aero Club will be required to consult with neighbouring property owners prior to the event as part of the City of Busselton Event Application process.

 

OFFICER COMMENT

 

The planned 2016 event showcases the City of Busselton within the aviation community and brings together a wide range of recreational and general aviation aircraft as well as emergency services aircraft that will be on display to the public. The 2016 event is planned to be a larger scale event than previous events with the anticipated members of the public attending to increase from 2014. The event is planned as a family day with the opportunity for all to get up close to aircraft both modern and vintage, and to talk to the owners/pilots. The event also includes landside displays of vintage and military vehicles, vintage machinery and entertainment for children such as bouncy castles and face painting. The event further adds to the City’s calendar of events, further progressing the City of Busselton as the ‘Events Capital WA’.

 

CONCLUSION

 

The 2016 Aerofest event will provide community members access to the airport areas and aircraft that is not normally permitted. City Officers support the waiving of fees as it encourages visiting pilots to attend the Aerofest and provides members of the public the benefit of seeing the airport operational aspects in a family environment. It is considered that the staging of this event and support of the City of Busselton enhances the public awareness of the airport as a community asset and gains public support and good will as Busselton Regional Airport continues to develop.

 

OPTIONS

 

The Council may choose to not accept the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Busselton Aero Club will be notified immediately following the Council’s decision. 

 

Committee Recommendation and Officer Reccommendation

 

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council endorses the waiver of  landing fees for aircraft participating in the 2016 Busselton Regional Airport Aerofest event, to be held on the 5th and 6th March 2016, on the following basis:

 

a)   That the Busselton Aeroclub provides a list of aircraft registrations that participate in the event;

b)  That the Aircraft registrations be provided no later than 27 February 2016

c)   That the City of Busselton is appropriately recognised as a sponsor of the event.

 


Council

69

14 October 2015

10.7

Attachment a

Busselton Aero Club

 


Council

71

14 October 2015

10.7

Attachment b

Landing Fees Presentation

 


 


 


 


 


 


 


 


 


Council                                                                                      81                                                               14 October 2015

10.8           Airport Advisory Committee - 23/09/2015 - BUSSELTON REGIONAL AIRPORT- MARGARET RIVER BUSSELTON TOURISM ASSOCIATION LICENCE AGREEMENT

SUBJECT INDEX:

Busselton Regional Airport

STRATEGIC OBJECTIVE:

Infrastructure assets are well maintained and responsibly managed to provide for future generations.

BUSINESS UNIT:

Commercial Services

ACTIVITY UNIT:

Community and Commercial Services

REPORTING OFFICER:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Draft Licence Agreement MRBTA - Final  

 

This item was considered by the Airport Advisory Committee at its meeting on 23 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report seeks Council endorsement to enter into a new Licence Agreement with the Margaret River Busselton Tourism Association to operate ticketing, ground handling and marshalling services at the Busselton Regional Airport.

 

BACKGROUND

 

The Margaret River Busselton Tourism Association (MRBTA), formerly the Geographe Bay Tourism Association (GBTA) commenced ticketing, ground handling and marshalling services at the Busselton Regional Airport (BRA) in 2008. These services were required for the first Fly in Fly Out closed charter services for Rio Tinto, with GBTA contracted by the airline to provide the services. An informal arrangement was in place between the then Shire of Busselton and GBTA for office space to be used as a ticketing office and for GBTA staff members to be provided airside access and area for ground handling/aircraft equipment storage. This arrangement remained in place until 2014 when the City of Busselton entered into a licence with GBTA to provide licenced activities within a specified licenced area including the following;

 

(a)    Aircraft marshalling and parking for RPT and Charter operations where ground handling services are required;

(b)   Passenger and baggage check-in services for RPT and Charter Operations as agreed between GBTA and airlines operators;

(c)    Baggage handling services, including transporting passenger baggage RPT and Charter Operations from secured landside zones  to airside locations and loading of baggage into aircraft hold areas;

(d)   Baggage handling services, including unloading and transporting passenger baggage from aircraft hold to baggage collection areas for RPT and Charter Operations; and

(e)   Assist with refuelling of aircraft used for RPT and Charter Operations where required.

 

The existing licence agreement enables MRBTA to provide ticketing, ground handling and marshalling services as well as airside access and informally the use of an office area to manage their general operations for a fixed term until 30 June 2015, whereby the licence will continue indefinitely with either Party entitled to terminate the agreement on three months prior written notice. A standard licence fee was charged for the administration costs of the licence to the value of $156.36 p.a. excluding GST. The main reason for entering into a shorter term licence agreement at the time was due to the planned Stage 1b capital works program, including the terminal expansion and construction of an additional apron, which would subsequently provide different office space for MRBTA and change the licenced areas. 

 

The existing licence terminated on 30 June 2015 and has been continuing on an indefinite basis while the terms and conditions of a new licence agreement have been negotiated with MRBTA. The new licence agreement, subject of this report, includes an expanded licence area incorporating the new terminal (check-in and arrival areas) and surrounds, new apron area and also part of the general aviation area (Bay3/3a and parking areas) to allow for the refuelling services that MRBTA provide for specific airline operators. In addition the licence agreement includes the use of an office area and for the following licenced activities;

 

 The Licensee shall be entitled to conduct the following activities on/within the Licensed Areas:

 

(a)  Aircraft marshalling and parking for RPT and Charter Operations where ground handling services are required;

(b)  Passenger and baggage check-in services for RPT and Charter Operations as agreed between MRBTA and airline operators;

(c)   Baggage handling services, including transporting passenger baggage RPT and Charter Operations from secured landside zones to airside locations and loading of baggage into aircraft hold areas; 

(d)  Baggage handling services, including unloading and transporting passenger baggage from aircraft hold to baggage collection areas for RPT and Charter Operations; and

(e)  Assist with refuelling of aircraft used for RPT and Charter Operations where required.

 

The licence agreement also includes a new licence fee for the use of the office space and licenced areas in addition to a standard licence fee for the administration and issuing of the licence. The fee introduced for the use of the office area and licenced area has been based on a market valuation provided by a certified property valuer and a proportion of the replacement costs of terminal furniture and equipment associated with providing the licenced activities; including but not limited to check-in counters, gate counters, roller beds and the use of facilities in the wider licenced area of the terminal, apron and surrounds. The total licence fees are set at $4,500 excluding GST p.a of which $2000 is the market valuation for the office space.   

 

STATUTORY ENVIRONMENT

 

When disposing of property whether by sale, lease or other means a Local Government is bound by the requirement of section 3.58 of the Local Government Act. However 3.58 (5) (d) provides exemptions to this process under Regulation 30 (2) (b) (i) (ii) of the Local Government (Functions & General) Regulations.

 

This section states "disposal of land to incorporated bodies with objects of benevolent, cultural, educational or similar nature and the members of which are not enlisted to receive any pecuniary profit from the body's transactions, are exempt from the advertising and tender requirements of section 3.58 of the Local Government Act". The constitution of MRBTA is such that this exemption applies.

 

RELEVANT PLANS AND POLICIES

 

There are no policy implications with this report.

 

FINANCIAL IMPLICATIONS

 

The licence agreement includes a licence fee and fee for use of the office and licenced areas which has been included in the 2015/2016 Airport Operations Annual Budget. The total fees applicable under the licence agreement are $4,656.36 excluding GST. Further clauses are included in the licence agreement for the consumption of electricity for the office area which is set at 1% of the total electricity charges for the terminal building. This is based on the office area calculated as a percentage of the total terminal building.

STRATEGIC COMMUNITY OBJECTIVES

 

The Busselton Regional Airport is consistent with following the City of Busselton’s Strategic Community Plan 2013:-

 

Connected City:

·    Transport options that provide greater links within our district and increase capacity for community participation.

·    A community that is well connected to its neighbour and the broader world.

 

RISK ASSESSMENT

 

An assessment of the potential implications of implementing the Officer recommendation has been undertaken using the City’s risk assessment framework. There are no risks rated at medium or higher associated with implementing the Officers recommendation.

 

CONSULTATION

 

Consultation has been held with Attractions Manager from MRBTA. Consultation has also occurred with a registered property valuer in attaining a market value for the exclusive office area.

 

OFFICER COMMENT

 

MRBTA have been a contractor at the BRA for seven years and have developed a good working relationship with City officers responsible for the operations of the Airport. During this time, informal arrangements have been in place enabling MRBTA to operate and provide ticketing, ground handing marshalling services at the Airport. Stage 1b development of the Airport and in particular the terminal expansion and construction of the new apron bay has meant that City Officers are applying a more commercial approach to the use of the Airport by third parties and contractors resulting in a revised licence agreement between the City of Busselton and MRBTA. The new licence agreement takes in account the use of an office area for MRBTA to run their operations as well incorporating other areas within the terminal, apron areas and surrounds in which MRBTA will conduct their licenced activities. A new licence fee has been introduced to reflect the inclusion of office space and also the provision of furniture and equipment that MRBTA will use to conduct their operations.

 

CONCLUSION

 

Officers have consulted with MRBTA in the drafting of the new licence agreement and propose that this licence is executed to reflect the commercial value of the facilities and office area that are being used by MRBTA in their operations at the Airport. Officers recommend that the Council endorse entering into the licence agreement with MRBTA for the use and provision of licenced activities at the Busselton Regional Airport.

 

OPTIONS

 

The Airport Advisory Committee may choose to not accept the Officer’s recommendation.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The licence agreement will be executed with MRBTA as soon as practicable following the Council’s decision. 

 

 

Committee Recommendation and Officer Recommendation

 

That the Council authorises the CEO to enter into a licence agreement with the Margaret River Busselton Tourism Association Inc. for the occupation of a portion of Lot 9001, Plan 32476, Volume 2536, Folio 973, Neville Hyder Drive, Yalyalup as identified in Attachment A.

 


Council

85

14 October 2015

10.8

Attachment a

Draft Licence Agreement MRBTA - Final

 

COB-RGB

 

 

 

City of Busselton

 

 

and

 

 

Margaret River Busselton Tourism Association

 

 

 

LICENCE AGREEMENT

 

 

 

 

 

Busselton Regional Airport


Council

85

14 October 2015

10.8

Attachment a

Draft Licence Agreement MRBTA - Final

 

Licence Agreement

 

This agreement is made on the        day of                         2015 between the following parties:

 

1.       The City of Busselton of 1 Southern Drive, Busselton, Western Australia (the City); and

 

2.       Margaret River Busselton Tourism Association (MRBTA) of 100 Bussell Highway WA  6285 (the Licensee).

 

Recitals

 

A.      The City is the registered proprietor of the Land.

 

B.      The Airport is located on the Land.

 

C.      The Licensee has requested the City to grant the Licensee a licence to operate the Licensed Activities within the Terminal Building and within prescribed areas at the Airport.

 

D.      The Airport Terminal has been upgraded and extended and the Licensee has requested the City grant it a licence of the Office Space within the Terminal Building for the purpose of administrative functions relative to operating the Licenced Activities

 

E.      The Current Licence Agreement made between the City and the Licensee dated 17th September 2014 will end and be surrendered by the Licensee simultaneously with the commencement of this Licence.

 

F.      The City has agreed to grant a licence to the Licensee subject to the terms and conditions of this Licence Agreement.

 

 

 

 

The Parties agree:

 

1.         definitions and interpretations

 

1.1       Definitions

 

            In this Licence Agreement, unless otherwise required by the context or subject matter:

 

Airport means the Busselton Regional Airport located on the Land;

 

Amounts Payable means the Licence fee and any other money payable by the Licensee under this Licence Agreement;

 

Authorised Person means any person conducting/undertaking the Licensed Activities for and on behalf of the Licensee and/or performing any other works and/or duties for and on behalf of the Licensee in terms of this Licence Agreement  (including but not limited to the Licensee’s officers, agents, employees, licensees, sub contractors or invitees);

 

Car Park means the any area designated or marked as a public parking area, including the public car park and FIFO secured car parks, located on the Land, as indicated on the plan attached as Annexure A;

 

CEO means the Chief Executive Officer for the time being of the City or any person appointed by the Chief Executive Officer to perform any of her or his functions under this Licence Agreement;

 

Charter Operations has the same meaning as in the Aviation Transport Security Regulations 2005;

 

City’s Covenants means the covenants, agreements and obligations set out or implied in this Licence Agreement, or imposed by law to be observed and performed by the City;

 

 

Commencement Date means the date of commencement of the Term specified in Item 2 of the Schedule;

 

Consideration means the Amounts Payable or any other money payable to the City under this Licence Agreement;

 

Current Licence Agreement  means the  Licence Agreement dated 17 September 2014 made between the Licensee and the City.

 

Encumbrance means a mortgage, charge, lien, pledge, easement, restrictive covenant, writ, warrant or caveat and the claim stated in the caveat;

 

 

FIFO Service means a fly-in fly-out charter service to be operated from the Airport;

 

Ground Services includes, but is not limited to, passenger check-in, baggage check-in, baggage handling, ticketing and providing the ancillary services required to operate the RPT Service and open and closed chartered flights, , from the Airport;

 

GST means a tax under the Commonwealth’s A New Tax System (Goods and Services Tax) Act 1999 (Act) levied on a Supply including but not limited to the Amounts Payable or other money payable to the City for goods or services or property or any other thing under this Licence Agreement;

 

Interest Rate means the rate at the time the payment falls due being 2% greater than the City’s general overdraft rate on borrowings from its bankers on amounts not exceeding $100,000.00;

 

Land means the land described at Item 1 of the Schedule;

 

Licence means the licence granted to the Licensee under this Licence Agreement;

 

Licensed Activities means the activities as set out in Item 6 of the Schedule to be provided by the Licensee within the Licensed Areas, subject to the terms and conditions of this agreement;

 

Licence Agreement means this agreement as supplemented, amended or varied from time to time;

 

Licensed Areas means that part of the Land and Terminal Building which the Licensee is entitled to use to undertake the Licensed Activities described in Item 1 of the Schedule  and which shall include the Office Space;

 

Licensee’s Covenants means the covenants, agreements and obligations set out or implied in this Licence Agreement or imposed by law to be performed and observed by any person other than the City;

 

Licence fee means the licence fee specified in Item 3 of the Schedule;

 

Notice means each notice, demand, consent or authority given or made to any person under this Licence Agreement;

 

Office Space means the area comprising approximately 9 square metres within the Terminal Building currently located in the position indicated on the Plan annexed or such other space of a similar size and utility allocated by the City from time to time

 

Party means the City or the Licensee according to the context;

 

Patron any person at/on or within the Licensed Areas making use of the Licensed Activities and/or being served by any Authorised Person in terms of this Licence Agreement, but does not include a Authorised Person ;

 

Plan means the plan attached to this Licence showing the Licenced Areas for the purpose of identification only

 

RPT Service means public passenger air transport services conducted from the Airport which include without limitation regular passenger services on established routes with established pick-up and drop-off points in accordance with a regular timetable and for which passengers pay an individual predetermined fare;

 

Rules means such rules and regulations from time to time made by the City in respect of the use of the Licenced Areas, equipment and the Land

 

Schedule means the Schedule to this Licence Agreement;

 

Security Zones means areas within the Airport as determined by the City from time to time, whether under the City’s Transport Security Program (TSP) or otherwise, which areas are restricted to all persons unless specified in the TSP or prior written authority by or on behalf of the City has been granted;

 

Services means electricity, water, gas, telephone, sewerage disposal or communication link or other like service

 

Supply means a good or service or any other thing supplied by the City under this Licence Agreement and includes but is not limited to a grant of a right to use the Licensed Areas;

 

Term means the term specified in Item 2 of the Schedule; and

 

Terminal Building means the building on the Land used for Ground Services and all operations and functions associated with the Airport .

 

Termination means expiry by effluxion of time or sooner determination of the Term or any period of holding over.

 

1.2       Interpretation

 

            In this Licence Agreement, unless the contrary intention appears:

(a)        a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(b)        a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally;

(c)        no rules of construction apply to the disadvantage of a party on the basis that that party was responsible for the preparation of this Agreement or any part of it;

(d)        a reference to any thing is a reference to the whole and each part of it; and

 

(e)       a reference to a Schedule or Appendix is a reference to the Schedule of Appendix to this Licence Agreement.

2          Licence

2.2       Grant of Licence

 

(a)        Subject to the provisions of this Licence Agreement, the City grants to MRBTA a license and an authority to use the Licensed Areas  during the Term for the Licensed Activities and the Licensee agrees to undertake the Licensed Activities accordingly.

 

(b)        Notwithstanding references to the use of the Licensed Areas for particular purposes throughout this Licence Agreement, any authority granted in this Licence Agreement is strictly limited to the Licensed Areas, but the Licensee’s responsibility will extend to all areas in any way used by the Licensee, Authorised Persons and Patrons in undertaking the Licensed Activities.

 

2.2       Licence not exclusive

 

(a)        The rights conferred by this Licence Agreement shall not create in or confer or grant to the Licensee any tenancy or any estate or interest in the Licensed Areas or the Land or otherwise create any estate or interest in land; and

           

(b)        The rights of the Licensee shall be those of a licensee only and it is acknowledged that the use of the Licensed Areas will not be exclusive and the right to exclusive possession of the Licensed Areas, the Terminal Building, the Airport and the Land shall at all times remain with the City. 

 

2.3       Licence granted subject to other interests

 

The Licensee acknowledges and agrees that the Licence granted by this Licence Agreement is granted subject to all and any other interests which exist or which may be created by the City or any other entity in respect of the Licensed Areas, the Terminal Building, the Airport and the Land.

 

2.4       Surrender of Existing Licence Agreement

 

The Licensee surrenders and the City shall accept the surrender of the      Existing Licence Agreement which surrender shall take effect on the date of this Licence Agreement.

 

3.         Licence Fee and other payments

 

3.1        Licence fee

 

The Licensee covenants to pay to the City the Licence fee in the manner set out at Item 3 of the Schedule from the Commencement Date clear of any deductions whatsoever.

 

3.2       Costs

 

(a)     The Licensee covenants to pay to the City on demand all levies, taxes, duties, fines and penalties payable in connection with or as a consequence of the Licensee undertaking the Licenced Activities.

 

(b)      The Licensee covenants to pay to the City all reasonable costs, legal fees, disbursements and payments incurred by or for which the City is or may become liable in connection with or incidental to:

 

(i)      obtaining or attempting to obtain payment of the Amounts Payable under this Licence Agreement, following breach of the Licensee’s Covenants;

 

(ii)      any other breach of covenant by the Licensee or any Authorised Person;

 

(iii)     any work done at the Licensee’s request unless the work is an obligation of the City, whether under this Licence Agreement or not; and

 

(v)     any action or proceedings arising out of or incidental to any matters referred to in this clause 3.2(b) or any matter arising out of this Licence Agreement.

 

(c)    Each Party is to pay for its own legal costs in relation to the preparation, reviewing and negotiations in respect of this Licence Agreement

 

3.3       Services to the Licenced Areas

 

(a)        The Licensee must pay:

 

            (1) to the City; or

 

(2) to another person, if the demand is made to the Licensee by that other person

 

on demand all charges for Services to the Licenced Areas including costs for the usage and supply of a Service

 

(b)        The Licensee acknowledges and agrees that the Licensee must pay the proportion of electricity charges in respect of the Office Space specified in Item 4 of the Schedule

 

4.         Insurance

 

4.1       Public Liability Insurance

 

The parties agree that the Licensee must effect and maintain with insurers approved by the City, adequate public liability insurance for a sum not less than the sum set out at Item 5 of the Schedule in respect of any one claim or such greater amount as the City may from time to time reasonably require. The City must be noted as a third party or a party of interest on this public liability insurance policy

 

 

4.2       Building Insurance

 

The City shall be responsible to insure and keep insured such buildings and structures that form part of the Land and all  additions to such buildings and structures carried out by the Licensee provided such additions are the subject of prior written approval of the City (but excluding all of the Licensee’s fixtures).

 

4.3       Not to Invalidate

 

The Licensee must not do or omit to do any act or thing or bring or keep anything on the Land which the Licensee knows (or could reasonably have been expected to know) might;

 

(a)        render any insurance effected under clause 4.1 and 4.2, void or voidable;

 

(b)        cause the rate of an insurance premium effected under clause 4.1 or 4.2 to be increased.

 

4.4       Reports

 

Each party must report to the other promptly in writing and in an emergency verbally:

 

(a)        any damage to the Licensed Area, the Terminal Building or the Airport of which they are or might be aware; and

 

(b)        any circumstances of which they are aware and which are likely to be a danger or cause any damage or danger to the Terminal Building, the Airport and/or the Licensed Areas or to any person on the Land.

 

4.5       Licensee May be required to Pay Excess on Insurances

 

(a)   Save for the provisions of clause 4.5(b) the Licensee covenants and agrees with the City that it shall be responsible to pay any excess payable in connection with the insurances referred to in clauses 4.1 and 4.2 in the event that it is determined by a court having proper jurisdiction, or otherwise that a claim arises out of or in connection with the negligence of the Licensee. 

 

(a)        The Licensee’ s liability in terms of clause 4.5(a) shall be limited to a maximum amount of $10 000 or such other amount to which the parties may from time to time agree in writing.

 

 

 

4.6      Occupational Health, Security and Safety

 

The Licensee is responsible to meet, at its cost, all industrial site, safety, security, Occupational Health, Union requirements and/or other insurance requirements incidental to the Licence.

 

 

5.         Indemnity

 

5.1       Indemnity

 

The Licensee indemnifies the City against all present and future legal liability, claims, or proceedings for:

 

(a)        either or both loss of, or damage to the Licensed Areas and or Security Zones, or any loss of or damage to anything on it;

 

(b)        either or both loss of, or damage to, property of the Licensee, Authorised Persons, Patrons a third party

 

(c)        personal injury to, or death of any person in the Licensed Areas and/or the Security Zones;

 

(d)        any breach of contract by the Licensee or any Authorised Person;

 

(e)        any wilful, tortious or unlawful act or omission of the Licensee or any Authorised Person or any third party;

 

(f)         financial loss to the Licensee or any Authorised Person or Patron; and

 

(g)        failure of the Licenced Activities,

 

arising from, or attributable to, the Licensee and/or any Authorised Person conducting the Licenced Activities, to the extent that the injury, death, damage, loss or failure is not caused by a wrongful (including negligent) act or omission of the City.

 

5.2       Indemnity Unaffected by Insurance

 

(a)     The Licensee’s obligation to indemnify the City under this Licence Agreement or at law is not affected by any insurance maintained by the City in respect of the Land and/or the Licensed Area and/or the Terminal Building and/or the Airport and the indemnity under clause 5.1 is paramount; and

 

(b)     if insurance money is received by the City for any of the obligations set out in this clause then the Licensee’s obligations under clause 5.1will be reduced by the extent of such payment.

 

5.3      Waiver of Rights of Recovery from the City

 

The Licensee waives all present and future rights to claim against the City for:

 

(a)  personal injury to, or death of, any Authorised Person or Patron;

 

(b)  either or both loss of, or damage to, any of the Licensee or Authorised Person’s property;

 

(c)  failure of the Licenced Activities; and

 

(d)  financial loss to the Licensee or any Authorised Person,

 

arising from, or attributable to, the Licensee or any Authorised Person conducting the Licenced Activities. This waiver does not operate to release the City from liability arising from, or attributable to, a wrongful (including negligent) act or omission of the City.

 

 

6.         No representations and Limit of City’s Liability

 

(a)  It is acknowledged and agreed by the Licensee that, except where explicitly stated in this Licence Agreement, the City has not made any representations or provided any warranties in relation to this Licence Agreement and/or:

 

(i)   The suitability of the Licenced Areas, the Terminal Building or the Airport for conducting the Licenced Activities;

 

(ii)  The number or schedule of RPT Services or Chartered Operations;

 

(iii) The number of passengers utilizing the RPT Services, Chartered Operations and/or the Airport; or

 

(iv) The volume/quantity of baggage available for handling at the Airport.

 

(b)  The City shall not be liable towards the Licensee or any Authorised person for:

 

(i)   any interruption to or discontinuation of the RPT Services, any Chartered Operations or any part thereof; or

 

(ii)  failure to perform and observe any of the City’s Covenants due to any cause beyond the City’s control.

 

(c)  Where reasonably possible the City shall give the Licensee prior notice of any interruption to or discontinuation of the RPT Services or Chartered Operations.

 

 

7.         Maintenance, repair and cleaning

 

7.1       Maintenance

 

The City will maintain at its own expense the Licensed Areas in good working order.

 

7.2       Repair

 

The Licensee must promptly repair at its own expense to the satisfaction of the City any damage to the Office Space, Licensed Areas and Security Zones including damage of a structural nature, caused by the Licensee or any Authorised Person.

 

7.3       Cleaning

 

(a)        The City shall ensure that the Licensed Areas are cleaned on a regular basis.

 

(b)        The Licensee must at all times keep the Licensed Areas clean, tidy, unobstructed and free from dirt and rubbish.

 

8.         Alteration

 

The Licensee must not without prior written consent from the City:

 

(a)     make or allow to be made any alteration, addition or improvements to or demolish any part of the Licensed Areas or Security Zones; or

 

(b)     remove any flora or fauna, alter or cut down any flora, or sell, remove or otherwise dispose of any flora, sand, gravel, timber or other materials from the Licensed Areas or Security Zones.

 

9.         Use of Equipment

 

(a) If the Licensee wishes to use any equipment located at the Airport in undertaking the Licenced Activities the Licensee must make the necessary arrangements with the owner of that  equipment

 

(b) The Licensee may use equipment located at the Airport provided by the City from time to time and must make good any damage caused in the use of such equipment and inform the City at the earliest possible opportunity in the event of any malfunction or damage, to the same however caused,

 

10.1     Licensee to comply with all Laws and Manuals

 

            (a)        The Licensee must comply with each law relating to the Airport or use of the Airport except for any imposing an obligation to carry out structural work unless that work is required as a result of the Licensed Activities.

 

(b)        The Licensee must obtain all consents, licenses and authorities required by the Licensee to conduct the Licenced Activities at the Airport.

 

 

 10.2    Licensed Areas, and Security Zones

 

The Licensee must not and must not suffer or permit a person to:

 

(i)           use the Licensed Areas, Security Zones or any part of them for any purpose other than for the Licensed Activities; or

 

(ii)         use the Licensed Areas, Security Zones or any part of them for any purpose which is not permitted under any town planning scheme, local laws, acts, statutes or any laws, regulations, orders and/or directions relating to the Airport and/or aviation;

 

(iii)          do or carry out on the Licensed Areas,or Security Zones any harmful, offensive or illegal act, matter or thing;

 

(iv)        do or carry out on the Licensed Areas or Security Zones anything which causes a nuisance, damage or disturbance to the City, to other people at/on the Licensed Areas or Security Zones or to owners or occupiers of adjoining properties;

 

(v)         store any dangerous compound or substance on the Licensed Areas or Security Zones;

 

(vi)         do any act or thing which might result in excessive stress or harm to any part of the Licensed Areas, or Security Zones; or

 

(vii)   display from or affix any signs, notices or advertisements on the Licensed Areas or Security Zones without the prior written consent of the City; or

 

(viii)    display from or affix any signs, notices or advertisements of a permanent or semi permanent nature on the Licensed Areas or Security Zones unless such sign, notice or advertisement contains the wording supported by the City and incorporates the City logo or such wording as approved by the City.

 

10.3     Rules

 

(i)         The Licensee must comply with the Rules in respect of the operation, safety and use of the Licensed Areas and equipment and agrees that failure of the Licensee to comply with any of the Rules will constitute a breach of this Licence in the same manner as if the Rules were the Licensee’s obligations.

 

 

(ii)        If an inconsistency arises between the provision of this Licence and the Rules the provisions of the Licence shall prevail.

 

11.       Default

 

11.1     Events of Default

 

A default occurs if:

 

(a)     the Licensee is in breach of any of the Licensee’s Covenants for 14 days after a Notice has been given to the Licensee to rectify the breach or to pay compensation in money;

 

(b)     the Licensee is wound up whether voluntarily or otherwise;

 

(c)     the Licensee passes a special resolution under the Associations Incorporation Act 1997 altering its rules of association in a way that makes its objects or purposes inconsistent with the use permitted by this Licence Agreement;

 

 

11.2     Forfeiture

 

On the occurrence of any of the events of default specified in clause 11.1 the City may by notice to the Licensee determine this Licence Agreement and from the date of giving such notice this Licence Agreement will be absolutely determined but without affecting the right of action or other remedy which the City has in respect of any other breach by the Licensee of the Licensee’s Covenants or releasing the Licensee from liability in respect of the Licensee’s Covenants.

 

12        Damage or Destruction to Airport/Ceasing or Interruption of Operations

 

(a)  Subject to sub-clause (c) if the Airport or any part of it is destroyed or damaged to such an extent that it impacts substantially on the RPT Service or Chartered Operations, the City may, in its sole discretion, on 60 days’ prior written notice to the Licensee suspend the Licenced Activities until the RPT Service or Charter Operations are continued.

 

(b)  If the City ceases to operate the Airport, or RPT, Open or Closed Charter Operations  cease to operate for any other reason than mentioned in sub-clause(a), the City may terminate this Licence Agreement on 6 months’ prior written notice to the Licensee.

 

(c)  If under sub-clause (a) the Licenced Activities are suspended by the City for more than a period of 6 months at a time, the Licensee shall be entitled to terminate the Licence Agreement on 60 days prior written notice to the City.

 

13.       Holding over

 

            If the Licensee continues to undertake the Licensed Activities from the Licensed Areas after the expiry of the Term with the consent of the City, the Licensee will be a monthly licensee of the City at a licence fee equivalent to one twelfth of the Licence fee for the period immediately preceding expiry of the Term and otherwise on the same terms and conditions of this Licence Agreement.

 

 

14.       Yield up Licensed Area

 

On Termination the Licensee must:

 

(a)      peacefully surrender and yield up to the City the Licensed Area in a condition consistent with the observance and performance of the Licensee’s Covenants under this Licence Agreement;

 

(b)      surrender to the City all keys and security access devices and combination for locks providing an access to or within the Airport held by the Licensee whether or not provided by the City;

 

(c)      must at the cost of the Licensee remove from the Airport all property of the Licensee including the Licensee’s fixtures and promptly make good, to the satisfaction of the City, any damage caused by the removal and/or caused by the License or any Authorised Person.

 

15.       Governing Law

 

            This Licence Agreement is governed by and is to be interpreted in accordance with the laws of Western Australia and, where applicable, the laws of the Commonwealth of Australia.

 

16.       Statutory Powers

 

The powers conferred on the City by or under any statutes for the time being in force are, except to the extent that they are inconsistent with the terms and provisions expressed in this Licence Agreement, in addition to the powers conferred on the City in this Licence Agreement.

 

17.       Notice

 

17.1     Form of Delivery

 

Any notice or other communication including, but not limited to any request, demand, consent or approval which may be required to or may be given by either party to the other

 

 

(a)  must be in writing and addressed:

 

(i)   to the Licensee at the following address

 

100 Bussell Highway

 MARGARET RIVER WA 6285; or

           Facsimile: (08) 9757 3287

           Email: ____________________________

 

 

(ii)  to the City at the following address:

 

City of Busselton

2 Southern Drive

Locked Bag

BUSSELTON  WA  6280

 

Attention: Chief Executive Officer; or

Facsimile: (08) 9752 4858

Email: ____________________________

 

(a)          or to any other address, facsimile number or person most recently specified in writing by a party to the other;

 

 

   (b)       Must be signed by an officer of the sender or its solicitors or agents.

 

 

17.2     Service of Notice

 

             A Notice

 

            (a)        Is deemed to be given by the sender and received by the addressee:

 

(i)             If given by delivery in person, on the first business day following date of delivery to the addressee;

(ii)             If sent by security post and if posted from an address within Australia to an address within Australia, on the third Business Day from and including the date of posting, but if posted by security post from outside Australia, or posted to an address outside Australia, then on the sixth business day from and including the date of posting; or

(iii)            If sent by facsimile transmission or email, on the first business day following transmission thereof and on production of a transmission report by the facsimile machine by which the facsimile message was transmitted which indicates that the facsimile message was transmitted in its entirety to the facsimile number of the recipient; and        

 

(b)        Can be relied upon by the addressee, and the addressee is not liable to any other person for any consequence of that reliance, if the addressee reasonably believes it to be genuine, correct and authorised by the sender.

 

18.       Severance

 

            If any part of this Licence Agreement is or becomes void or unenforceable, that part is or will be severed from this Licence Agreement to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.

 

19.       Variation

 

            This Licence Agreement may be varied only by deed executed by the parties subject to such consents as are required by this Licence Agreement or at law.

 

20.       Waiver

 

Failure to exercise or delay in exercising any right, power or privilege in this Licence Agreement by a Party does not operate as a waiver of that right, power or privilege.

 

21.       Goods and Services Tax

 

21.1     Licensee to Pay GST

 

(a)     The Consideration will be increased by the amount of GST, if any, which the City is required by legislation to pay on any Supply made under the terms of this Licence Agreement;

 

(b)     The Licensee must pay any increase referred to in sub-clause (a) whether it is the Licensee or any other person who takes the benefit of any Supply; and

 

(c)     The Licensee must pay the amount of GST to the City at the same time and in the same manner as the Licensee is required to pay the Consideration.

 

21.2     No Contribution from City

 

If the Licensee is required under this Licence Agreement to make any payment of money or give other consideration to a third party for outgoings, goods, services and benefits of any kind the Licensee is not entitled to any contribution from the City for any GST payable by it to any person.

 

21.3     Tax Invoices

 

For each payment by the Licensee under this clause 21 the City agrees to promptly deliver to the Licensee a tax invoice so as to enable the Licensee to claim input tax credits or decreasing adjustments for Supplies.

 

 

22.       Health and Safety Legislation

 

The Licensee will in conducting the Licensed Activities and/or using the Licensed Areas for any purpose whatsoever in terms of this Licence Agreement (included but not limited to the use of any plant or equipment and/or in the employment or engagement of staff and in all other respects whatsoever), comply at all times with the provisions of the Occupational Safety and Health Act 1984 (OSH Act) which are applicable to the Licensee and/or the Licensed Activities, and the Licensee will do so regardless of whether or not the OSH Act places the direct responsibility on the Licensee.

 

23.       Security

 

The Licensee must:

 

(a)       keep those parts of the Licensed Areas that are capable of being secured, safe and secure at all times;

 

(b)        ensure that at all times all Authorised Persons and Patrons comply with all requirements imposed by the City from time to time with respect to the security of the Licensed Areas;

 

(b)        ensure that all keys to doors and equipment at the Licensed Areas which are made available to the Licensee will be kept in the charge of persons authorized by the City and the Licensee will not make duplicate keys without the prior consent of the City;

 

(c)        deliver up all keys to the City on demand;

 

(d)        pay the cost of replacement of any key, or lock lost or damaged by the Licensee, employees, servants, agents or invitees, licensees during the Term and the cost of replacement of lock barrels for any lock where any key in the possession of the Licensee is lost and not returned at the end of the Term.

 

24.     Authorisation

 

The Licensee shall it its cost and risk obtain in addition to the Licence any other authorisation, consent, permit, licence, approval certificate, agreement and/or exemption required by the Licensee under this Licence Agreement, from, by or with any Governmental Agency or such other authority as may be applicable.

 

25         Confidentiality

 

 

25.1    Licensee must not disclose Confidential Material

 

The Licensee must not publicly disclose, or use for a purpose other than this Licence Agreement, any information or material acquired or produced in connection with the Licecence (“Confidential Material”), without the City’s prior written consent, except to the extent that:

 

(a)  the Confidential Material is available to the public generally, other than by breach of this Licence Agreement;

 

(b)  the Licensee is required under a written law to disclose, file, record or register something that includes Confidential Material;

 

(c)  disclosure is necessary or advisable to get a consent, authorisation, approval or licence from a governmental or public body or authority;

 

(d)  it is necessary or advisable to disclose the Confidential Material to a taxation or fiscal authority;

 

(e)  the Confidential Material is disclosed confidentially to professional advisers:

 

(i)   to get professional advice about this Licence Agreement; or

 

(ii)  to enforce this Licence Agreement, or

 

(f)   the parties agree otherwise in writing.

 

25.2     Authorised Persons to comply

 

The Licensee must ensure that Authorised Persons who have access to Confidential Material, are aware of, and comply with, all confidentiality obligations affecting it.

 

25.3   Survival

 

The obligations in clause 25 are continuing obligations and survive expiration or termination of this Agreement.

 

25.4   Privacy obligations preserved

 

Nothing in this clause derogates from a party’s obligations under any written law, including the Privacy Act 1988 (Cth).

 

26.     Negation of employment and agency

 

(a)  The Licensee:

 

(i)   must not represent itself; and

 

(ii)  must ensure that the Authorised Persons do not represent themselves,

 

         as being the City and/or sub-contractors, employees or agents of the City and/or representing the City.

 

(b)  The Parties agree that nothing in this Licence Agreement may be construed to make either of them a partner, agent, employee or joint venturer of the other. Despite the degree of direction, control or supervision that the City directly or indirectly exercises over or in respect of the Licensee or Authorised Persons, the Licensee is taken to be and remain an independent contractor.

 

(c)   Without derogating from the generality of sub-clauses (a) and (b), it is specifically agreed that nothing in this Licence Agreement authorises or must be construed as to authorise the Licensee and /or any Authorised Person to approve on behalf of the City any RPT Service, Chartered Operations or any other use of the Airport by a third party for whatever purpose.

 

27.       Conflict of Interests

 

The Licensee warrants that at the date of this Licence Agreement, no conflict of interest exists, or is likely to arise, in providing the Licenced Activities or complying with its obligations under this Licence Agreement. If such a conflict of interest arises the Licensee must:

 

(a)  promptly notify the City that the conflict has arisen and provide full details; and

 

(b)  take reasonable steps in consultation with the City to remove or manage the conflict.

 

 

 

 


S C H E D U L E

 

item 1:            land and premises

 

(a)     Land

 

The whole of the land in Certificate of Title Volume 2536 Folio 973 located at Lot 9001 Vasse Highway, Yalyalup.

 

(b)     Licensed Areas

 

Those areas of the Airport and Terminal Building required to carry out the Licenced Activities including the Office Space within the Terminal Building:

 

 

(i)   As shown on the plans attached as Annexures 1 and 2;

 

(ii)  Not being shown as “Licenced Areas” on the plans attached as Annexure 1, but:

 

A.   Access to and/or the use of which may be reasonably required by the Licensee for conducting the Licenced Activities; and

B.   The City’s prior written permission for accessing and or using such areas has been obtained.

 

Should there be any dispute as to the extent of the Licensed Areas the City’s determination shall be final and binding.

 

item 2:            term

 

The term of this Licence Agreement commences on date

of execution thereof by the City and shall be for an initial

fixed term until 30 June 2016 where after the agreement will continue indefinitely with either Party entitled to terminate this agreement on 3 months prior written notice.

 

 

item 3:            licence fees

 

                        3.1 For Licensed Activities: $156.36 per annum excluding GST payable on the City’s demand.

                        3.2 For use of the Office Space and Licensed Areas: $4500 per annum excluding

 

item 4:            electricity charges

 

                        1.0% of the electricity charges in respect of the Terminal Building (being an amount calculated based on the percentage of the Office Space relative to the whole area of the Terminal Building

 

item 5:            use

                       

                        The Licensed Activities.

                       

 

item 6:            PUBLIC LIABILITY INSURANCE

 

                        $10 000 000.00 (ten million dollars)

 

item 7:            LICENSED ACTIVITIES

 

 

                        The Licensee shall be entitled to conduct the following activities on/within the Licensed Areas:

 

(a)  Aircraft marshalling and parking for RPT and Charter Operations where ground handling services are required;

 

(b)  Passenger and baggage check-in services for RPT and Charter Operations as agreed between MRBTA and airline operators;

 

 

(c)  Baggage handling services, including transporting passenger baggage RPT and Charter Operations from secured landside zones to airside locations and loading of baggage into aircraft hold areas; 

 

(d)  Baggage handling services, including unloading and transporting passenger baggage from aircraft hold to baggage collection areas for RPT and Charter Operations; and

 

(e)  Assist with refuelling of aircraft used for RPT and Charter Operations where required.

 

 

 

 

 

 

 

 

 

 

 

 

EXECUTED by the parties as an agreement:

 

 

 

THE COMMON SEAL of the CITY OF          ]

BUSSELTON was hereunto affixed in the     ]

presence of:                                                    ]

 

 

 

 

………………………………………………….

IAN WILLIAM STUBBS : MAYOR

 

 

 

 

………………………………………………….

MATTHEW JOHN SMITH obo CHIEF EXECUTIVE OFFICER

Under Delegation LGCEO 03

 

 

 

 

 

THE COMMON SEAL of the MARGARET RIVER BUSSELTON TOURISM ASSOCIATION was        

hereunto affixed in the presence of:  

[insert names and capacity of the officials authorised under the association’s constitution to witness the affixing of the Common Seal]

 

 

 

………………………………………………….

Signature

 

 

………………………………………………….

Name and position

 

 

 

………………………………………………….

Signature

 

 

………………………………………………….

Name and position


Council

105

14 October 2015

10.8

Attachment a

Draft Licence Agreement MRBTA - Final

 

ANNEXURE 1

 

 

ANNEXURE 2


Council                                                                                      107                                                             14 October 2015

10.9           Meelup Regional Park Management Committee - 29/09/2015 - REVIEW OF COMMITTEE TERMS OF REFERENCE AND MEELUP GOVERNANCE/ MANAGEMENT ARRANGEMENTS

SUBJECT INDEX:

Committee Meetings

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Development Services; Environmental Services

ACTIVITY UNIT:

Meelup Regional Park

REPORTING OFFICER:

Director, Planning and Development Services - Paul Needham

AUTHORISING OFFICER:

Director, Planning and Development Services - Paul Needham

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Revised Governance Arrangements as adopted by Council

Attachment b    Revised Governance Arrangements following Working Group review  

 

This item was considered by the Meelup Regional Park Management Committee at its special meeting on 29 September 2015, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council is asked to consider, following recent Committee and Council consideration and following further review by a Working Group established by the Council, revised terms of reference/governance arrangements for Meelup Regional Park generally and the Meelup Regional Park Management Committee specifically.

 

BACKGROUND

 

At its ordinary meeting of 26 October 2015, the Council considered a report and both officer and Committee recommendations relating to a review of the Meelup Regional Park Management Committee’s terms of reference and Park governance/management arrangements more broadly. At that time, the Council resolved to, in summary –

 

1.    Adopt revised terms of reference/governance arrangements, subject to a further review by a Working Group consisting of the Mayor. Deputy Mayor, Committee Presiding Member, Committee Deputy Presiding Member and CEO or representative, for further review by both the Committee and the Council prior to the next ordinary Council election;

 

2.    Adopt a number of key focus areas in relation to the management of the Park for the balance of the 2015/16 financial year;

 

3.    Support formation of an incorporated ‘Friends of Meelup Regional Park’ group; and

 

4.    Amend the City’s adopted budget to facilitate provision of ‘Meelup Environment Officer’ services through use of City staff.

 

This report is now presented for Council consideration in pursuance of point one above, following formal consideration and the making of a recommendation by the Committee.

 

The revised terms of reference/governance arrangements, as adopted by the Council, are included as Attachment A.

 

The Working Group met on 17 September 2015, prior to which there had been some additional liaison between the Councillor and Committee member representatives, as well as some liaison between the Committee member representatives and other Committee members. Following the Working Group meeting, a draft version of the revised terms of reference/government arrangements was distributed to Working Group members for further consideration and feedback, and City officers understand that the version presented as Attachment B represents the consensus view of the Working Group, other than in one particular respect, which is outlined and discussed in the ‘Officer Comment’ section of this report below.

 

Key differences between the document adopted by the Council (prior to the review by the Working Group) and the version presented as Attachment B (which incorporates changes arising from the review by the Working Group) are considered to be –

 

1.    The re-inclusion of the word ‘Management’ in the title of the Committee;

 

2.    Inclusion of a description of the process associated with appointing community members to the Committee;

 

3.    Identification of the key guiding documents to be considered by all decision-makers in relation to the management of the Park;

 

4.    Inclusion of clarification that only the Presiding Member or Deputy Presiding Member may speak on behalf of the Committee, and that any issues that community members on the Committee have should be identified with and directed through the Presiding Member or Deputy Presiding Member; and

 

5.    Inclusion of clarification that ‘consensus’ between Committee members and City officers on a particular matter can be achieved outside of an informal meeting, primarily via email communication.

 

STATUTORY ENVIRONMENT

 

An extensive overview of the relevant statutory environment was provided in the report on this matter previously considered by the Committee and, subsequently, by the Council on 26 August 2015.

 

RELEVANT PLANS AND POLICIES

 

One of the changes identified by the Working Group was to identify key guiding documents, which are proposed to be identified as –

 

1.    Meelup Regional Park Management Order;

 

2.    Meelup Regional Park Management Plan;

 

3.    City of Busselton Standing Orders Local Law;

 

4.    City of Busselton Code of Conduct;

 

5.    City of Busselton Community Strategic Plan;

 

6.    City of Busselton Long Term Financial Plan;

 

7.    City of Busselton Adopted Annual Budget; and

8.    City of Busselton Local Laws, Determinations and Council Policies.

 

With respect to point eight above, note that a number of Local Laws, notably the Property Local Law, and some Acts, notably the Dog Act, allow the Council to make ‘determinations’ about how certain activities are managed or regulated, and these can be important to management of the Park. The prohibition of dogs within the Park (other than some areas adjacent Eagle Bay townsite), for instance, arises from a determination that the Council has made pursuant to the Dog Act.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

Long-term Financial Plan Implications

 

Nil.

 

STRATEGIC COMMUNITY OBJECTIVES

 

The recommendations of this report reflect Strategic Objective 6.2 of the City’s Community Strategic Plan 2013, which is ‘Governance systems that deliver responsible, ethical and accountable decision making’.

 

RISK ASSESSMENT

 

An assessment of implementing the recommendations of this report has been undertaken against the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only, rather than ‘upside’ risks. Risks are only identified where the residual risk, once controls are considered, is ‘medium’ or greater.

 

Risk

Controls

Consequence

Likelihood

Risk Level

Reputational risk if existing Committee members are not supportive of proposed changes

Ensure proposals well developed and effectively communicated.

Regular and open communication with Committee members.

Minor

Possible

Medium 8

 

CONSULTATION

 

As noted, the recommendations of this report seek to reflect consideration by a Working Group established by the Council.

 

OFFICER COMMENT

 

City officers undertook a review of the Committee terms of reference and broader governance arrangements following discussion with and between Councillors and some Committee members. The report presented to the Council on 26 August 2015 set out the key issues and potential/proposed changes considered appropriate by City officers. The Council adopted revised arrangements on 26 August 2015, making a series of changes to the proposals that had been presented by City officers to the Committee and the Council, and also deciding to form a Working Group to identify further, potential changes.

 

The recommendations of this report are understood to reflect the consensus position of the Working Group, other than in one particular respect, where the recommendations are understood to represent the ‘majority’ Working Group view, but neither complete agreement nor reasonable consensus had been achieved at the time of the finalization of this report, and there was neither the time available, nor was the issue considered significant enough, to either allow or require further Working Group consideration prior to finalizing this report and its recommendations. Instead, the report has been finalized noting the issue and therefore ensuring Committee and Council consideration of the issue in question.

 

In Attachment B, under the heading ‘process associated with appointing community members to the Committee’, points 1 and 5 effectively refer to a ‘panel’ which is to be given two key functions –

 

1.    To meet and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee; and

 

2.    Once expressions-of-interest have been sought and received from interested members of the community, the ‘panel’ should meet again to assess the expressions-of-interest that have been received.

 

It should be noted that this arrangement does not in any way derogate from the reality that decisions about who is appointed to the Committee are fundamentally and finally made by the Council itself, at the Council’s essentially unfettered discretion.

 

In Attachment B, this ‘panel’ is described as consisting of the Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officer’s nominee – at least one Working Group member has expressed a view that the Chief Executive Officer or Chief Executive Officer’s nominee not be a member of this ‘panel’. There is not seen to a ‘right’ or ‘wrong’ answer to this question and there are cogent arguments either way. Officers, however, feel that it is important that City officer insight as to the most appropriate skills, background or interests to be sought at any given time would be useful at the start of the process.

 

CONCLUSION

 

City officers consider that the revisions made as a result of the Working Group review are useful and appropriate improvements on the revised terms of reference/governance arrangements as adopted by the Council on 26 August 2015, and it is recommended that the Council endorse the proposed arrangements.

 

OPTIONS

 

There are a range of options conceivably available to the Council, including reverting to the arrangements adopted by the Council prior to the Working Group review, reverting to the existing terms of reference, or making further changes to what is now recommended following the Working Group review. For a range of reasons, as set out and explained in the report considered by the Council on 26 August 2015, City officers do not consider that reversion to the existing terms of reference is appropriate.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

If the Council resolves in a manner consistent with the officer recommendation, the recommendation would be implemented through inclusion of the revised terms of reference/governance arrangements in a report to be considered by the Council at a special meeting on 19 October 2015, shortly after the next ordinary election.

OFFICER RECOMMENDATION

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out at Attachment B.

 

Note:     Upon further review of the proposed governance arrangements and terms of reference for           Meelup Regional Park Management Committee, the Committee has recommended minor              changes to the points listed in the Committee Recommendation presented below. The                changes relate to the Revised Governance Arrangements following Working Group review,                being section 4 of the Process associated with appointing community members to the        committee and section 4.2 relating to authority to speak on behalf of the Committee.

 

COMMITTEE RECOMMENDATION

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out below.

 

The City of Busselton is the management body for Meelup Regional Park, which is A Class Reserve 21629, for the purpose of Conservation and Recreation, and a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, the other key elements of the governance arrangements that the Council has either established, or seeks to see established, to assist in ensuring the continuing and appropriate management of the Park are

 

·        The Meelup Regional Park Management Committee (the terms of reference for which are set out below); and

 

·        The Friends of Meelup Regional Park Incorporated (which, at the time of writing, has not yet been formed).

 

Note: Should the formation of the Friends Of Meelup Regional Park Incorporated not prove successful, these Governance Arrangements will be reviewed.

 

Roles of different elements of governance arrangements

 

The roles of the key elements of the governance arrangements are generally as described below

 

•    Council:

1.     Establishes the Committee membership and terms of reference;

2.     Sets strategic direction having considered advice provided by the Committee and City officers;

3.     Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage, having considered advice provided by the Committee and City officers;

4.     Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

5.     Sets the annual budget and long term financial planning;

6.     In partnership with the Committee and City officers, sets annual key focus areas for the Committee and City officers;

7.     Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers; and

8.     Ensures all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

9.     Requires that City officers work pro-actively to develop the concept of the Friends of Meelup Regional Park Incorporated with the aim of ensuring its viability and sustainability.

 

•     Committee:

1.     In partnership with the Council, Friends of Meelup Regional Park Incorporated (if and when that body is formed) and City officers to assist in the management the Meelup Regional Park, including  as per the delegated authority from the Council.

2.     Provides advice and/or recommendation to the Council about Committee membership and terms of reference;

3.     Provides advice and/or recommendation to the Council about strategic direction .

4.     Provides advice and/or recommendation to the Council about statutory plans relating to the Park .

5.     In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating and affecting management of the Park

6.     Adopts non-statutory plans if there is consensus between the Committee members and City officers, and if, because the adoption of the plan would be strategically significant or a matter of significant community interest, it is not appropriate for such plans to be adopted by a decision formally made by City officers;

Note: Non-statutory plans are those plans that are not adopted by the City in a formal sense pursuant to a particular statutory power or powers before being implemented. Examples of such plans are plans for construction work or plans for undertaking research work in the Park. Examples of statutory plans, on the other hand, include adoption of changes to the Management Plan or any other plans which need to be adopted pursuant to a particular statutory power. An example of a non-statutory plan that might be considered for adoption by a formal Committee decision, rather than by a decision formally made by City officers following informal consultation with Committee members, is the plan for development of a whale watching platform at Point Picquet.

7.     Provides formal recommendation (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

8.     Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

9.     Especially until such time as the Friends of Meelup Regional Park Incorporated has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

 

 

 

 

 

 

•    Friends of Meelup Regional Park Incorporated:

1.    In partnership with Meelup Regional Park Management Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

2.    Through informal meetings of City officers and Committee members, provides regular information and feedback on volunteer activities and other matters relating to and affecting the management of the Park;

3.    Nominates representatives to be on the Committee, subject to Council endorsement; and

4.    Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

•    City officers:

1.     Provide advice to the Council about Committee membership and terms of reference.

2.     Assist Council and the Committee in recruitment of Committee members.

3.     Provide advice to the Council and Committee about strategic direction, 

4.     Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park.

5.     Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

6.     Ensure all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

7.     In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

8.     Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

9.     Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form);

10.   Implement the Councils budget with respect to the Park;

11.   Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the volunteers (and Friends of Meelup Regional Park Incorporated) where appropriate;

12.   Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy.

13.  In partnership with the Committee and/or Friends of Meelup Regional Park Incorporated, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

Process associated with appointing community members to the Committee

 

Following the re-formation of the Committee following the 2015 ordinary Council election, at which time it is expected that community members of the Committee immediately prior to that time with an interest in a continuing involvement will be reappointed by the Council, the process associated with appointing community members to the Committee shall be generally as follows -

 

1.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officers nominee shall meet to discuss and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee at that time, and the agreed direction in that regard shall be reflected in the process associated with the attraction and assessment of potential community members;

 

2.    City officers shall arrange to publicly advertise community member vacancies, seeking expressions-of-interest from suitable members of the community;

 

3.    Interested members of the community shall be required to submit an expression-of-interest (1-2 pages long only) setting out what value they believe they would bring to the Committee and why they are interested in becoming a member;

 

4.    The Mayor and the Presiding Member of the Committee shall meet again to assess the expressions-of-interest that have been received, identify and agree the preferred candidates to fill one or more of the positions that are vacant at that time, (priority consideration will be given to existing deputy members) following which City officers will present a report to the Council reflecting the assessment of the Mayor and Presiding Member;

 

5.    If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group, and there may need to be a review of the process outlined above.

 

Key guiding documents to be considered by all decision-makers in managing the Park

 

Key guiding documents to be considered by all decision-makers in managing the Park include –

 

9.    Meelup Regional Park Management Order;

 

10.  Meelup Regional Park Management Plan;

 

11.  City of Busselton Standing Orders Local Law;

 

12.  City of Busselton Code of Conduct;

 

13.  City of Busselton Community Strategic Plan;

 

14.  City of Busselton Long Term Financial Plan;

 

15.  City of Busselton Adopted Annual Budget; and

 

16.  Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

Meelup Regional Park Management Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Management Committee pursuant to sections 5.8 and 5.9(2)(d) of the Local Government Act 1995.

 

2.0      Purpose

 

2.1       To assist the Council in managing and promoting Meelup Regional Park..

 

2.2       To ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations..

 

2.3       To build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

 

3.0      Membership

 

3.1       Two elected members as appointed by the Council, as follows

 

To be added

 

3.2       One deputy elected member as appointed by the Council (The deputy elected member should be notified if their presence at the meeting is required due to the absence of an elected member), as follows

 

To be added

 

3.3       Six community members as appointed by the Council , as follows

 

To be added

 

3.4       Two deputy community members as appointed by the Council, who may be present at all Committee meetings as non-voting members, including when matters are being considered behind closed doors .

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group.

 

3.5       Membership of the Committee shall, unless determined otherwise, be for a term of approximately two years, ceasing on the day of the next ordinary Council election.

 

3.6       If any member is absent from the Committee for three consecutive meetings without approved leave of absence from the Committee, the Chief Executive Officer shall present a report to the Council so that the Council may determine whether to continue that persons membership of the Committee.

 

4.0       Presiding Member/Deputy Presiding Member

 

4.1       The Committee shall appoint a Presiding Member and Deputy Presiding Member to run its meetings. The Presiding Member shall ensure that business at formal meetings is conducted in accordance with the City of Busselton Standing Orders Local Law.

 

4.2       The Presiding Member or, in their absence, the Deputy Presiding Member, may     speak on behalf of the Committee. Another member may speak on behalf of the Committee with authorisation from the Presiding Member.

 

4.3       If any community member of the Committee has any concern in relation to the governance or management of the Park that they do not feel is being adequately addressed or resolved, they should raise that concern with the Presiding Member or, in their absence, the Deputy Presiding Member, who, having considered the matter, may raise the matter with either City officers or with the elected members on the Committee.

 

5.0      Formal Meetings

 

5.1       Formal meetings of the Committee shall be scheduled when the need for a meeting is identified by either the Presiding Member or Chief Executive Officer, and only when there is a need for a matter to be subject of a formal decision of the Committee and/or the Council, and in any case no less often than twice annually and no more frequently than once a month.

 

Note: Matters that would require a formal decision of the Committee are any matter that requires a formal resolution of the Council (such as any change to the membership or terms of reference of the Committee, any amendment to the budget, any matter that requires, from a legal/statutory perspective, a formal decision of the Council, any other matter that the Presiding Member of the Committee, having received and considered the advice of City officers, considers requires formal consideration by the Council, and/or matters that require a formal decision of the Council because consensus has not been achieved in an informal meeting, as set out in Part 7.0 of these Terms of Reference), as well as matters on which a decision is required and which are considered to be of high strategic importance and/or broad public interest (such as proposals for significant infrastructure or significant changes to the management of the park, but not usually individual works projects or events, or the noting of plans, studies or similar, which are primarily or wholly being presented to the Committee for information purposes). 

 

5.2      Formal meeting agendas shall be distributed by the Chief Executive Officer to Committee members no less than seven days prior to the meeting.

 

5.3      Where a Committee member wishes the Committee to consider an alternative to the officer recommendation in relation to any particular item, they shall indicate in writing (preferably email) to the Chief Executive Officer or Chief Executive Officers nominee and the Presiding Member their intention to do so, setting out their proposed alternative and the reasons for that alternative, no less than 24 hours prior to the scheduled commencement of the meeting. The Chief Executive Officer or Chief Executive Officers nominee shall provide officer comment on the proposed alternative in writing to Committee members prior to the scheduled commencement of the meeting.

 

Note: In relation to alternative recommendations put forward by Committee members, City officers are able to assist in the drafting of alternative recommendations, but that should not be construed as indicating officer support for any alternative that may be proposed.

 

5.4      The Chief Executive Officer shall ensure that minutes of formal meetings are kept, presented for review and adoption at the subsequent formal meeting, and provided to the Council for information as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting.

 

5.5      Where the Committee makes a decision in a formal meeting that involves the making of a recommendation for consideration by the Council, the Chief Executive officer shall ensure that the recommendation is presented to the Council as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting. Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form..

 

5.6      Quorum for a meeting shall be at least 50% of the members (i.e. four).

 

5.7      Meetings shall be open to the public, unless items are of a nature that can be considered confidentially pursuant to the Local Government Act 1995.

 

6.0      Delegated Powers

 

Pursuant to section 5.17 of the Local Government Act 1995, the Committee, when constituted for a formal meeting, is delegated to adopt plans, policies or documents that relate to management of the Park, other than where those plans, policies or documents require adoption pursuant to a particular statutory power, but may not make any decision that would require expenditure of funds contrary to the adopted budget and any decisions shall not be actioned until the Committee meeting minutes have been formally considered by the Council.

 

7.0       Informal Meetings/Deliberations

 

7.1      Informal meetings of Committee members and City officers involved in management of the Park shall be scheduled when the need for a meeting is identified by either the Presiding Member, the Chief Executive Officer or the Chief Executive Officers nominee, and in any case no less often than every two months and no more frequently than once per month (notwithstanding that, the Committee members and City officers may agree to establish informal working groups or similar charged with addressing particular issues and which may meet as deemed appropriate), and when a formal meeting is also scheduled in the respective month, informal meetings shall take place immediately following the formal meeting.

 

7.2      The purpose of informal meetings and other forms of informal deliberation (primarily, this would entail email communication involving all Committee members and relevant City officers) involving Committee members and City officers shall be to identify and assess matters relating to and affecting the management of the Park, and where necessary and possible, agree a consensus position on the approach to be taken with respect to those matters.

 

7.3      Where consensus on a particular matter is achieved at an informal meeting of Committee members and City officers, or through other forms of informal deliberation, City officers where delegated, authorised or otherwise empowered to do so, shall take the necessary steps to ensure that the consensus position on a particular matter is implemented.

 

Note: Consensus means general agreement, it is not necessarily achieved through a simple majority vote and nor does it necessarily require unanimity. Judgement as to whether consensus has been achieved should not usually involve any kind of voting procedure or similar. A judgement that consensus has been achieved on a particular matter pursuant to clause 7.3 above will require both the Presiding Member at the meeting and the Chief Executive Officer or the Chief Executive Officers nominee to be of the view that there is general agreement. If that does not occur, consensus has not been achieved and the matter shall be addressed as per clause 7.4 below.

 

7.4      Where a consensus position on any particular matter cannot be achieved, the Chief Executive Officer shall ensure that a report is prepared to be presented to and considered by the Committee in a formal meeting, following which the matter will be presented for formal consideration at an ordinary meeting of the council.

 

7.5      The Chief Executive Officer or the Chief Executive Officers nominee shall ensure that notes of informal meetings are prepared and distributed to all Committee members and the City officers present at the meeting for their review within seven days of the meeting. If the Committee members or City officers present at any particular meeting have any concerns with the notes prepared, they should advise the Presiding Member and Chief Executive Officer or the Chief Executive Officers nominee as soon as possible and in any case prior to the next informal meeting, and where that occurs the Presiding member shall ensure that the matter is resolved to the extent necessary and practicable at the next informal meeting, with the outcome to be reflected in the notes of that next informal meeting. Notes shall record the outcomes of discussions, but not the content of those discussions.

 

7.6      Informal meeting agendas shall be developed in consultation between the Presiding Member (or Deputy Presiding Member in the Presiding Members absence) and Chief Executive Officer or the Chief Executive Officers nominee, and shall be distributed to Committee members no less than three days prior to the meeting.

 

7.7      Informal meetings shall not generally be open to the public, although the Presiding Member may agree to invite members of the public to be present when particular matters of interest are being considered, following consultation with Chief Executive Officer or the Chief Executive Officers nominee.

 

8.0       Key Guiding Documents

 

The following are the key guiding documents relating to the role of the Committee -

 

1.         Meelup Regional Park Management Order;

 

2.         Meelup Regional Park Management Plan;

 

3.         City of Busselton Standing Orders Local Law;

 

4.         City of Busselton Code of Conduct;

 

5.         City of Busselton Community Strategic Plan;

 

6.         City of Busselton Long Term Financial Plan; and

 

7.         City of Busselton Adopted Annual Budget; and

 

8.         Relevant City of Busselton Local Laws, Determinations and Council Policies.

History

 

9 October, 2013

 

12 October, 2011

C1110/315

 

 

Note:  An amended Officer Recommendation has been presented that corrects minor typographical errors and provides more clarity in relation to the proposed governance arrangements.  This was presented to Committee members prior to the finalisation of this Council agenda and no queries or concerns were raised.

 

AMENDED OFFICER RECOMMENDATION

 

That the Council adopt revised governance arrangements and terms of reference for the Meelup Regional Park Management Committee, to commence after the next ordinary Council election, as set out below.

 

PROPOSED GOVERNANCE ARRANGEMENTS MEELUP REGIONAL PARK

 

The City of Busselton is the management body for Meelup Regional Park, which is A Class Reserve 21629, for the purpose of Conservation and Recreation, with a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, the other key elements of the governance arrangements that the Council has either established, or seeks to see established, to assist in ensuring the continuing and appropriate management of the Park are

 

·        The Meelup Regional Park Management Committee (the terms of reference for which are set out below); and

 

·        The Friends of Meelup Regional Park Incorporated (which, at the time of writing, has not yet been formed).

 

Note: Should the formation of the Friends Of Meelup Regional Park Incorporated not prove successful, these Governance Arrangements will be reviewed.

 

Roles of different elements of governance arrangements

 

The roles of the key elements of the governance arrangements are generally as described below

 

•     Council:

8.      Establishes the Committee membership and terms of reference;

9.      Sets strategic direction having considered advice provided by the Committee and City officers;

10.   Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage, having considered advice provided by the Committee and City officers;

11.   Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

12.   Sets the annual budget and long term financial planning;

13.   In partnership with the Committee and City officers, sets annual key focus areas for the Committee and City officers;

14.   Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers;

9.      Ensures all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable; and

10.    Requires that City officers work pro-actively to develop the concept of the Friends of Meelup Regional Park Incorporated with the aim of ensuring its viability and sustainability.

 

•     Committee:

6.      In partnership with the Council, Friends of Meelup Regional Park Incorporated (if and when that body is formed) and City officers to assist in the management of the Meelup Regional Park, including  as per the delegated authority from the Council.

7.      Provides advice and/or recommendation to the Council about Committee terms of reference;

8.      Provides advice and/or recommendation to the Council about strategic direction.

9.      Provides advice and/or recommendation to the Council about statutory plans relating to the Park .

10.   In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating to and affecting management of the Park

7.      Adopts non-statutory plans if there is consensus between the Committee members and City officers, and if, because the adoption of the plan would be strategically significant or a matter of significant community interest, it is not appropriate for such plans to be adopted by a decision formally made by City officers;

Note: Non-statutory plans are those plans that are not adopted by the City in a formal sense pursuant to a particular statutory power or powers before being implemented. Examples of such plans are plans for construction work or plans for undertaking research work in the Park. Examples of statutory plans, on the other hand, include adoption of changes to the Management Plan or any other plans which need to be adopted pursuant to a particular statutory power. An example of a non-statutory plan that might be considered for adoption by a formal Committee decision, rather than by a decision formally made by City officers following informal consultation with Committee members, is the plan for development of a whale watching platform at Point Picquet.

8.      Provides formal recommendation (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

9.      Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

10.    Especially until such time as the ‘Friends of Meelup Regional Park Incorporated’ has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

•     Friends of Meelup Regional Park Incorporated:

4.     In partnership with Meelup Regional Park Management Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

5.     Through informal meetings of City officers and Committee members, provides regular information and feedback on volunteer activities and other matters relating to and affecting the management of the Park;

6.     Nominates representatives to be on the Committee, subject to Council endorsement; and

5.     Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

•     City officers:

13.   Provide advice to the Council about Committee membership and terms of reference;

14.   Assist Council and the Committee in recruitment of Committee members;

15.   Provide advice to the Council and Committee about strategic direction;

16.   Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park;

17.   Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

18.   Ensure all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable;

19.   In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

20.   Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

21.   Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form);

22.   Implement the Council’s budget with respect to the Park;

23.   Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the volunteers (and ‘Friends of Meelup Regional Park Incorporated’) where appropriate;

24.   Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy; and

14.   In partnership with the Committee and/or ‘Friends of Meelup Regional Park Incorporated’, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

Process associated with appointing community members to the Committee

 

Following the re-formation of the Committee following the 2015 ordinary Council election, at which time it is expected that community members of the Committee immediately prior to that time with an interest in a continuing involvement will be reappointed by the Council, the process associated with appointing community members to the Committee shall be generally as follows -

 

6.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officer’s nominee shall meet to discuss and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee at that time, and the agreed direction in that regard shall be reflected in the process associated with the attraction and assessment of potential community members;

 

7.    City officers shall arrange to publicly advertise community member vacancies, seeking expressions-of-interest from suitable members of the community;

 

8.    Interested members of the community shall be required to submit an expression-of-interest (1-2 pages long only) setting out what value they believe they would bring to the Committee and why they are interested in becoming a member;

 

9.    The Mayor and the Presiding Member of the Committee  shall meet again to assess the expressions-of-interest that have been received, identify and agree the preferred candidates to fill one or more of the positions that are vacant at that time (and, if the vacancy is not for a deputy community member, in addition to considering those persons that have submitted expressions-of-interest, shall identify whether any existing deputy community member is interested in becoming a community member, and shall generally give priority to filling a community member vacancy with an existing deputy community member), following which City officers will present a report to the Council reflecting the assessment of the Mayor and Presiding Member;

 

10.  If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group, and there may need to be a review of the process outlined above.

 

 

Key guiding documents to be considered by all decision-makers in managing the Park

 

Key guiding documents to be considered by all decision-makers in managing the Park include –

 

17.  Meelup Regional Park Management Order;

 

18.  Meelup Regional Park Management Plan;

 

19.  City of Busselton Standing Orders Local Law;

 

20.  City of Busselton Code of Conduct;

 

21.  City of Busselton Community Strategic Plan;

 

22.  City of Busselton Long Term Financial Plan;

 

23.  City of Busselton Adopted Annual Budget; and

 

24.  Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

 

Meelup Regional Park Management Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Management Committee pursuant to sections 5.8 and 5.9(2)(d) of the Local Government Act 1995.

 

2.0      Purpose

 

2.1          To assist the Council in managing and promoting Meelup Regional Park.

 

2.2       To ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations.

 

2.3      To build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

 

3.0      Membership

 

3.1       Two elected members as appointed by the Council, as follows

 

To be added

 

3.2       One deputy elected member as appointed by the Council (The deputy elected member should be notified if their presence at the meeting is required due to the absence of an elected member), as follows

 

To be added

 

3.3       Six community members as appointed by the Council , as follows

 

To be added

 

3.4       Two deputy community members as appointed by the Council, who may be present at all Committee meetings as non-voting members, including when matters are being considered behind closed doors), as follows - .

 

To be added

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group.

 

3.5       Membership of the Committee shall, unless determined otherwise, be for a term of approximately two years, ceasing on the day of the next ordinary Council election.

 

3.6       If any member is absent from the Committee for three consecutive meetings without approved leave of absence from the Committee, the Chief Executive Officer shall present a report to the Council so that the Council may determine whether to continue that persons membership of the Committee.

 

 

 

 

4.0       Presiding Member/Deputy Presiding Member

 

4.1       The Committee shall appoint a Presiding Member and Deputy Presiding Member to run its meetings. The Presiding Member shall ensure that business at formal meetings is conducted in accordance with the City of Busselton Standing Orders Local Law.

 

4.2       The Presiding Member or, in their absence, the Deputy Presiding Member, may speak on behalf of the Committee.  Another member only may speak on behalf of the Committee with  authorisation from the Presiding Member or, in their absence, the Deputy Presiding Member.

 

4.3       If any community member of the Committee has any concern in relation to the governance or management of the Park that they do not feel is being adequately addressed or resolved, they should raise that concern with the Presiding Member or, in their absence, the Deputy Presiding Member, who, having considered the matter, may raise the matter with either City officers or with the elected members on the Committee.

 

5.0      Formal Meetings

 

5.1       Formal meetings of the Committee shall be scheduled when the need for a meeting is identified by either the Presiding Member or Chief Executive Officer, and only when there is a need for a matter to be subject of a formal decision of the Committee and/or the Council, and in any case no less often than twice annually and no more frequently than once a month.

 

Note: Matters that would require a formal decision of the Committee are any matter that requires a formal resolution of the Council (such as any change to the membership or terms of reference of the Committee, any amendment to the budget, any matter that requires, from a legal/statutory perspective, a formal decision of the Council, any other matter that the Presiding Member of the Committee, having received and considered the advice of City officers, considers requires formal consideration by the Council, and/or matters that require a formal decision of the Council because consensus has not been achieved in an informal meeting, as set out in Part 7.0 of these Terms of Reference), as well as matters on which a decision is required and which are considered to be of high strategic importance and/or broad public interest (such as proposals for significant infrastructure or significant changes to the management of the Park, but not usually individual works projects or events, or the noting of plans, studies or similar, which are primarily or wholly being presented to the Committee for information purposes). 

 

5.2      Formal meeting agendas shall be distributed by the Chief Executive Officer to Committee members no less than seven days prior to the meeting.

 

5.3      Where a Committee member wishes the Committee to consider an alternative to the officer recommendation in relation to any particular item, they shall indicate in writing (preferably email) to the Chief Executive Officer or Chief Executive Officers nominee and the Presiding Member their intention to do so, setting out their proposed alternative and the reasons for that alternative, no less than 24 hours prior to the scheduled commencement of the meeting. The Chief Executive Officer or Chief Executive Officers nominee shall provide officer comment on the proposed alternative in writing to Committee members prior to the scheduled commencement of the meeting.

 

Note: In relation to alternative recommendations put forward by Committee members, City officers are able to assist in the drafting of alternative recommendations, but that should not be construed as indicating officer support for any alternative that may be proposed.

 

5.4      The Chief Executive Officer shall ensure that minutes of formal meetings are kept, presented for review and adoption at the subsequent formal meeting, and provided to the Council for information as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting.

 

5.5      Where the Committee makes a decision in a formal meeting that involves the making of a recommendation for consideration by the Council, the Chief Executive officer shall ensure that the recommendation is presented to the Council as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting. Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form..

 

5.6      Quorum for a meeting shall be at least 50% of the members (i.e. four).

 

5.7      Meetings shall be open to the public, unless items are of a nature that can be considered confidentially pursuant to the Local Government Act 1995.

 

6.0      Delegated Powers

 

Pursuant to section 5.17 of the Local Government Act 1995, the Committee, when constituted for a formal meeting, is delegated to adopt plans, policies or documents that relate to management of the Park, other than where those plans, policies or documents require adoption pursuant to a particular statutory power, but may not make any decision that would require expenditure of funds contrary to the adopted budget and any decisions shall not be actioned until the Committee meeting minutes have been formally received and noted by the Council.

 

7.0       Informal Meetings/Deliberations

 

7.1      Informal meetings of Committee members and City officers involved in management of the Park shall be scheduled when the need for a meeting is identified by either the Presiding Member, the Chief Executive Officer or the Chief Executive Officers nominee, and in any case no less often than every two months and no more frequently than once per month (notwithstanding that, the Committee members and City officers may agree to establish informal working groups or similar charged with addressing particular issues and which may meet as deemed appropriate), and when a formal meeting is also scheduled in the respective month, informal meetings shall take place immediately following the formal meeting.

 

7.2      The purpose of informal meetings and other forms of informal deliberation (primarily, this would entail email communication involving all Committee members and relevant City officers) involving Committee members and City officers shall be to identify and assess matters relating to and affecting the management of the Park, and where necessary and possible, agree a consensus position on the approach to be taken with respect to those matters.

 

7.3      Where consensus on a particular matter is achieved at an informal meeting of Committee members and City officers, or through other forms of informal deliberation, City officers where delegated, authorised or otherwise empowered to do so, shall take the necessary steps to ensure that the consensus position on a particular matter is implemented.

 

Note: ‘Consensus’ means ‘general agreement’, it is not necessarily achieved through a simple majority ‘vote’ and nor does it necessarily require unanimity. Judgement as to whether consensus has been achieved should not usually involve any kind of ‘voting’ procedure or similar. A judgement that consensus has been achieved on a particular matter pursuant to clause 7.3 above will require both the Presiding Member at the meeting and the Chief Executive Officer or the Chief Executive Officer’s nominee to be of the view that there is general agreement. If that does not occur, consensus has not been achieved and the matter shall be addressed as per clause 7.4 below.

 

7.4      Where a consensus position on any particular matter cannot be achieved, the Chief Executive Officer shall ensure that a report is prepared to be presented to and considered by the Committee in a formal meeting, following which the matter will be presented for formal consideration at an ordinary meeting of the Council.

 

7.5      The Chief Executive Officer or the Chief Executive Officers nominee shall ensure that notes of informal meetings are prepared and distributed to all Committee members and the City officers present at the meeting for their review within seven days of the meeting. If the Committee members or City officers present at any particular meeting have any concerns with the notes prepared, they should advise the Presiding Member and Chief Executive Officer or the Chief Executive Officers nominee as soon as possible and in any case prior to the next informal meeting, and where that occurs the Presiding Member shall ensure that the matter is resolved to the extent necessary and practicable at the next informal meeting, with the outcome to be reflected in the notes of that next informal meeting. Notes shall record the outcomes of discussions, but not the content of those discussions.

 

7.6      Informal meeting agendas shall be developed in consultation between the Presiding Member (or Deputy Presiding Member in the Presiding Members absence) and Chief Executive Officer or the Chief Executive Officers nominee, and shall be distributed to Committee members no less than three days prior to the meeting.

 

7.7      Informal meetings shall not generally be open to the public, although the Presiding Member may agree to invite members of the public to be present when particular matters of interest are being considered, following consultation with the Chief Executive Officer or the Chief Executive Officers nominee.

 

8.0       Key Guiding Documents

 

The following are the key guiding documents relating to the role of the Committee -

 

9.         Meelup Regional Park Management Order;

 

10.       Meelup Regional Park Management Plan;

 

11.       City of Busselton Standing Orders Local Law;

 

12.       City of Busselton Code of Conduct;

 

13.       City of Busselton Community Strategic Plan;

 

14.       City of Busselton Long Term Financial Plan; and

 

15.       City of Busselton Adopted Annual Budget; and

 

16.       Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

History

 

9 October, 2013

 

12 October, 2011

C1110/315

 

 

 


Council

127

14 October 2015

10.9

Attachment a

Revised Governance Arrangements as adopted by Council

 

 

PROPOSED GOVERNANCE ARRANGEMENTS – MEELUP REGIONAL PARK

 

The City of Busselton is the management body for Meelup Regional Park, which is ‘A Class’ Reserve 21629, for the purpose of ‘Conservation and Recreation’, and with a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, there are two other key elements of the governance arrangements that the Council has established to ensure appropriate management of the Park –

 

·    The Meelup Regional Park Committee (the terms of reference for which are set out below); and

 

·    The ‘Friends of Meelup Regional Park Incorporated’ (which has not yet been formed).

 

The roles of the four key elements of the governance arrangements are generally as described below –

 

·    Council:

1.    Establishes the Committee membership and terms of reference;

2.    Sets strategic direction having considered advice provided by the Committee and City officers;

3.    Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage having considered advice provided by the Committee and City officers;

4.    Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

5.    Sets the annual budget and long term financial planning;

6.    Sets annual ‘key focus areas’ for the Committee and City officers;

7.    Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers; and

8.    Requires that City officers work pro-actively with the ‘Friends of Meelup Regional Park Incorporated’ with the aim of ensuring its viability and sustainability.

 

·    Committee:

1.    Provides advice to the Council about Committee membership and terms of reference;

2.    Provides advice to the Council about strategic direction;

3.    Provides advice to the Council about statutory plans relating to the Park;

4.    In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating and affecting management of the Park

5.    Adopts non-statutory plans if there is consensus between the Committee members and City officers and if it is not appropriate for such plans to be adopted by a decision formally made by City officers;

6.    Provides advice (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

7.    Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

8.    Especially, until such time as the ‘Friends of Meelup Regional Park Incorporated’ has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

·    Friends of Meelup Regional Park Incorporated:

1.    In partnership with Meelup Regional Park Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

2.    Through informal meetings of City officers and Committee members, provides regular information and feedback to the Committee on volunteer activities and other matters relating to and affecting the management of the Park;

3.    Nominates representatives to be on the Committee, subject to Council endorsement; and

4.    Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

·    City officers:

1.    Provide advice to the Council about Committee membership and terms of reference.

2.    Provide advice to the Council and Committee about strategic direction;

3.    Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park;

4.    Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

5.    In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

6.    Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

7.    Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council);

8.    Implement the Council’s budget with respect to the Park;

9.    Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the ‘Friends of Meelup Regional Park Incorporated’ where appropriate;

10.  Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy; and

11.  In partnership with the Committee and/or ‘Friends of Meelup Regional Park Incorporated’, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

Meelup Regional Park Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Committee pursuant to sections 5.8 and 5.9(2)(d) of the Local Government Act 1995.

 

2.0      Purpose

 

2.1       To assist the Council in managing and promoting Meelup Regional Park.

 

2.2       To ensure that the full range of issues relevant to the making of decisions about the management and promotion of the Park are considered, including environmental, amenity, recreational, community, social, economic and financial considerations.

 

2.3       To build and maintain productive working relationships between the Council, City officers, volunteers and users of the Park, as well as other stakeholders.

 

3.0      Membership

 

3.1       Two elected members as appointed by the Council, as follows –

 

To be added

 

3.2       One deputy elected member as appointed by the Council, as follows –

 

To be added

 

3.3       Six community members as appointed by the Council. , as follows –

 

To be added

 

3.4       Two deputy community members as appointed by the Council, who may be present at all Committee meetings, including when matters are being considered ‘behind closed doors’ (i.e.

 

Note: Once the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Council will progressively move towards a model of three community members being representatives of that group, with the other three being independent members, potentially with retention of deputy members. That will, however, a be a decision for the Council at the time, in consultation with stakeholders at that time.

 

3.5       Membership of the Committee shall, unless determined otherwise, be for a term of approximately two years, ceasing on the day of the next ordinary Council election.

 

3.6       If any member is absent from the Committee for three consecutive meetings without approved leave of absence from the Committee, the Chief Executive Officer shall present a report to the Council so that the Council may determine whether to continue that person’s membership of the Committee.

 

4.0          Presiding Member

 

The Committee shall appoint a Presiding Member and Deputy Presiding Member to run its meetings. The Presiding Member shall ensure that business at formal meetings is conducted in accordance with the City of Busselton Standing Orders Local Law.

 

5.0      Formal Meetings

 

5.1       Formal meetings of the Committee shall be scheduled when the need for a meeting is identified by either the Presiding Member or Chief Executive Officer, and only when there is a need for a matter to be subject of a formal decision of the Committee and/or the Council, and in any case no less often than twice annually and no more frequently than once a month.

 

Note: Matters that would require a formal decision of the Committee are any matter that requires a formal resolution of the Council (such as any change to the membership or terms of reference of the Committee, any amendment to the budget, any matter that requires, from a legal/statutory perspective, a formal decision of the Council, any other matter that the Presiding Member of the Committee, having received and considered the advice of City officers, considers requires formal consideration by the Council, and/or matters that require a formal decision of the Council because consensus has not been achieved in an informal meeting, as set out in Part 7.0 of these Terms of Reference), as well as matters on which a decision is required and which are considered to be of high strategic importance and/or broad public interest (such as proposals for significant infrastructure or significant changes to the management of the park, but not usually individual works projects or events, or the noting of plans, studies or similar, which are primarily or wholly being presented to the Committee for information purposes).

 

5.2      Formal meeting agendas shall be distributed by the Chief Executive Officer to Committee members no less than seven days prior to the meeting.

 

5.3      Where a Committee member wishes the Committee to consider an alternative to the officer recommendation in relation to any particular item, they shall indicate in writing (preferably email) to the Chief Executive Officer or Chief Executive Officer’s nominee and the Presiding Member their intention to do so, setting out their proposed alternative and the reasons for that alternative, no less than 24 hours prior to the scheduled commencement of the meeting. The Chief Executive Officer or Chief Executive Officer’s nominee shall provide officer comment on the proposed alternative in writing to Committee members prior to the scheduled commencement of the meeting.

 

Note: In relation to alternative recommendations put forward by Committee members, City officers are able to assist in the drafting of alternative recommendations, but that should not be construed as indicating officer support for any alternative that may be proposed.

 

5.4      The Chief Executive Officer shall ensure that minutes of formal meetings are kept, presented for review and adoption at the subsequent formal meeting, and provided to the Council for information as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting.

 

5.5      Where the Committee makes a decision in a formal meeting that involves the making of a recommendation for consideration by the Council, the Chief Executive officer shall ensure that the recommendation is presented to the Council as part of the first practicable ordinary Council meeting agenda following the formal Committee meeting. In cases where the Committee recommendation is not consistent with the officer recommendation to the Committee, the Chief Executive officer shall present the Committee recommendation but may also present an alternative officer recommendation for consideration by the Council.

 

5.6      Quorum for a meeting shall be at least 50% of the members (i.e. four).

 

5.7      Meetings shall be open to the public, unless items are of a nature that can be considered confidentially pursuant to the Local Government Act 1995.

 

6.0      Delegated Powers

 

Pursuant to section 5.17 of the Local Government Act 1995, the Committee, when constituted for a formal meeting, is delegated to adopt plans, policies or documents that relate to management of the Park, other than where those plans, policies or documents require adoption pursuant to a particular statutory power, but may not make any decision that would require expenditure of funds contrary to the adopted budget and any decisions shall not be actioned until the Committee meeting minutes have been formally considered by the Council.

 

7.0       Informal Meetings

 

7.1      Informal meetings of Committee members and City officers involved in management of the Park shall be scheduled when the need for a meeting is identified by either the Presiding Member, the Chief Executive Officer or the Chief Executive Officer’s nominee, and in any case no less often than every two months and no more frequently than once per month (notwithstanding that, the Committee members and City officers may agree to establish informal working groups or similar charged with addressing particular issues and which may meet as deemed appropriate), and when a formal meeting is also scheduled in the respective month, informal meetings shall take place immediately following the formal meeting.

 

7.2      The purpose of informal meetings of Committee members and City officers shall be to discuss matters relating to and affecting the management of the Park, and where necessary and possible, agree a consensus position on the approach to be taken with respect to those matters.

 

7.3          Where consensus on a particular matter is achieved at an informal meeting of Committee members and City officers, City officers where delegated, authorized or otherwise empowered to do so, shall take the necessary steps to ensure that the consensus position on a particular matter is implemented.

 

Note: ‘Consensus’ means ‘general agreement’, it is not necessarily achieved through a simple majority ‘vote’ and nor does it necessarily require unanimity. Judgement as to whether consensus has been achieved should not usually involve any kind of ‘voting’ procedure or similar. A judgement that consensus has been achieved on a particular matter pursuant to clause 7.3 above will require both the Presiding Member at the meeting and the Chief Executive Officer or the Chief Executive Officer’s nominee to be of the view that there is general agreement. If that does not occur, consensus has not been achieved and the matter shall be addressed as per clause 7.4 below.

 

7.4      Where a consensus position on any particular matter cannot be achieved, the Chief Executive Officer shall ensure that a report is prepared to be presented to and considered by the Committee in a formal meeting, following which the matter will be presented for formal consideration at an ordinary meeting of the council.

 

7.5      The Chief Executive Officer or the Chief Executive Officer’s nominee shall ensure that notes of informal meetings are prepared and distributed to all Committee members and the City officers present at the meeting for their review within seven days of the meeting. If the Committee members or City officers present at any particular meeting have any concerns with the notes prepared, they should advise the Presiding Member and Chief Executive Officer or the Chief Executive Officer’s nominee as soon as possible and in any case prior to the next informal meeting, and where that occurs the Presiding member shall ensure that the matter is resolved to the extent necessary and practicable at the next informal meeting, with the outcome to be reflected in the notes of that next informal meeting. Notes shall record the outcomes of discussions, but not the content of those discussions.

 

7.6      Informal meeting agendas shall be developed in consultation between the Presiding Member (or Deputy Presiding Member in the Presiding Members’ absence) and Chief Executive Officer or the Chief Executive Officer’s nominee, and shall be distributed to Committee members no less than three days prior to the meeting.

 

7.7      Informal meetings shall not generally be open to the public, although the Presiding Member may agree to invite members of the public to be present when particular matters of interest are being considered, following consultation with Chief Executive Officer or the Chief Executive Officer’s nominee.

 

 

History

 

9 October, 2013

 

12 October, 2011

C1110/315

 

 

 


Council

133

14 October 2015

10.9

Attachment b

Revised Governance Arrangements following Working Group review

 

PROPOSED GOVERNANCE ARRANGEMENTS MEELUP REGIONAL PARK

 

The City of Busselton is the management body for Meelup Regional Park, which is A Class Reserve 21629, for the purpose of Conservation and Recreation, and a formal management plan adopted by the Council and the Minister for Lands pursuant to section 49 of the Land Administration Act 1997. In addition to the Council and City officers, the other key elements of the governance arrangements that the Council has either established, or seeks to see established, to assist in ensuring the continuing and appropriate management of the Park are

 

·        The Meelup Regional Park Management Committee (the terms of reference for which are set out below); and

 

·        The Friends of Meelup Regional Park Incorporated (which, at the time of writing, has not yet been formed).

 

Note: Should the formation of the Friends Of Meelup Regional Park Incorporated not prove successful, these Governance Arrangements will be reviewed.

 

Roles of different elements of governance arrangements

 

The roles of the key elements of the governance arrangements are generally as described below

 

•     Council:

1.      Establishes the Committee membership and terms of reference;

2.      Sets strategic direction having considered advice provided by the Committee and City officers;

3.      Adopts statutory plans relating to the Park, both at draft adoption and final adoption stage, having considered advice provided by the Committee and City officers;

4.      Adopts non-statutory plans if there is no consensus between the Committee members and City officers;

5.      Sets the annual budget and long term financial planning;

6.      In partnership with the Committee and City officers, sets annual key focus areas for the Committee and City officers;

7.      Determines direction (through formal Council meeting processes) on other matters where there is no consensus between Committee members and City officers; and

8.      Ensures all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

9.      Requires that City officers work pro-actively to develop the concept of the Friends of Meelup Regional Park Incorporated with the aim of ensuring its viability and sustainability.

 

 

 

 

 

•     Committee:

1.      In partnership with the Council, Friends of Meelup Regional Park Incorporated (if and when that body is formed) and City officers to assist in the management the Meelup Regional Park, including  as per the delegated authority from the Council.

2.      Provides advice and/or recommendation to the Council about Committee membership and terms of reference;

3.      Provides advice and/or recommendation to the Council about strategic direction .

4.      Provides advice and/or recommendation to the Council about statutory plans relating to the Park .

5.      In partnership with City officers, provide periodic (generally twice annual) briefings to Councillors on matters relating and affecting management of the Park

6.      Adopts non-statutory plans if there is consensus between the Committee members and City officers, and if, because the adoption of the plan would be strategically significant or a matter of significant community interest, it is not appropriate for such plans to be adopted by a decision formally made by City officers;

Note: Non-statutory plans are those plans that are not adopted by the City in a formal sense pursuant to a particular statutory power or powers before being implemented. Examples of such plans are plans for construction work or plans for undertaking research work in the Park. Examples of statutory plans, on the other hand, include adoption of changes to the Management Plan or any other plans which need to be adopted pursuant to a particular statutory power. An example of a non-statutory plan that might be considered for adoption by a formal Committee decision, rather than by a decision formally made by City officers following informal consultation with Committee members, is the plan for development of a whale watching platform at Point Picquet.

7.      Provides formal recommendation (through formal Committee meeting processes) to the Council on other matters where there is no consensus between Committee members and City officers;

8.      Through informal meetings of City officers and Committee members, provides regular information and feedback to City officers on matters relating to and affecting the management of the Park; and

9.      Especially until such time as the Friends of Meelup Regional Park Incorporated has been formed, in partnership with City officers, assists in the encouragement, coordination and facilitation of volunteer involvement in the management and promotion of the Park.

 

•     Friends of Meelup Regional Park Incorporated:

1.     In partnership with Meelup Regional Park Management Committee and City officers, encourages, coordinates and facilitates volunteer involvement in the management and promotion of the Park;

2.     Through informal meetings of City officers and Committee members, provides regular information and feedback on volunteer activities and other matters relating to and affecting the management of the Park;

3.     Nominates representatives to be on the Committee, subject to Council endorsement; and

4.     Other matters as set out in a memorandum of understanding with the City that is to be developed.

 

•     City officers:

1.      Provide advice to the Council about Committee membership and terms of reference.

2.      Assist Council and the Committee in recruitment of Committee members.

3.      Provide advice to the Council and Committee about strategic direction, 

4.      Provide advice to the Council and Committee about statutory and non-statutory plans relating to the Park.

5.      Provide regular (generally monthly) briefings to Committee members through informal meetings of City officers and Committee members on matters relating to and affecting the management of the Park;

6.      Ensure all matters relating to Meelup Regional Park are notified to the Committee through the Presiding Member as soon as possible and practicable.

7.      In partnership with the Committee, provide periodic (generally  twice annual) briefings to Councillors on matters relating to and affecting the management of the Park;

8.      Following receipt of information or feedback  at informal meetings of City officers and Committee members, present proposed annual budget and long term financial plan allocations to the Council for consideration;

9.      Where the context requires, or there is no consensus between City officers and Committee members, present formal reports to the Committee, so that the Committee can make a formal recommendation to the Council in relation to those matters (Where the Committee makes a recommendation to the Council inconsistent with the officer recommendation presented to the Committee, City officers may also present an alternative officer recommendation to the Council when such matters are formally presented to the Council, in addition to ensuring that Committee recommendations are also presented to the Council, in verbatim form);

10.   Implement the Councils budget with respect to the Park;

11.   Maintain roads, paths, ablution facilities and other basic infrastructure, in partnership with the volunteers (and Friends of Meelup Regional Park Incorporated) where appropriate;

12.   Apply and enforce laws that relate to management of the Park in accordance with relevant Council Policy.

13.   In partnership with the Committee and/or Friends of Meelup Regional Park Incorporated, encourage, coordinate and facilitate volunteer involvement in the management and promotion of the Park.

 

 

Process associated with appointing community members to the Committee

 

Following the re-formation of the Committee following the 2015 ordinary Council election, at which time it is expected that community members of the Committee immediately prior to that time with an interest in a continuing involvement will be reappointed by the Council, the process associated with appointing community members to the Committee shall be generally as follows -

 

1.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officers nominee shall meet to discuss and agree the aims/objectives in terms of the skills, background or interests, or mix of skills, background and interests, of the person(s) that it would be most appropriate and desirable to include on the Committee at that time, and the agreed direction in that regard shall be reflected in the process associated with the attraction and assessment of potential community members;

 

2.    City officers shall arrange to publicly advertise community member vacancies, seeking expressions-of-interest from suitable members of the community;

 

3.    Interested members of the community shall be required to submit an expression-of-interest (1-2 pages long only) setting out what value they believe they would bring to the Committee and why they are interested in becoming a member;

 

4.    The Mayor, Presiding Member of the Committee and Chief Executive Officer or Chief Executive Officers nominee shall meet again to assess the expressions-of-interest that have been received, identify and agree the preferred candidates to fill one or more of the positions that are vacant at that time, following which City officers will present a report to the Council reflecting the assessment of the Mayor and Presiding Member;

 

5.    If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

Note: When the ‘Friends of Meelup Regional Park Incorporated’ has been formed, the intention is that the Committee may include representatives of that group, and there may need to be a review of the process outlined above.

 

 

Key guiding documents to be considered by all decision-makers in managing the Park

 

Key guiding documents to be considered by all decision-makers in managing the Park include –

 

1.    Meelup Regional Park Management Order;

 

2.    Meelup Regional Park Management Plan;

 

3.    City of Busselton Standing Orders Local Law;

 

4.    City of Busselton Code of Conduct;

 

5.    City of Busselton Community Strategic Plan;

 

6.    City of Busselton Long Term Financial Plan;

 

7.    City of Busselton Adopted Annual Budget; and

 

8.    Relevant City of Busselton Local Laws, Determinations and Council Policies.

 

 

Meelup Regional Park Management Committee Terms of Reference

 

1.         Introduction

 

The Council of the City of Busselton has established the Meelup Regional Park Management Committee pursuant to sections 5.8