COB-RGB

 

 

 

 

 

Council  Agenda

 

 

 

9 March 2016

 

 

 

 

 

ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

 

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 9 March 2016

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council  will be held in the Meeting Room One, Community Resource Centre, 21 Cammilleri Street, Busselton on Wednesday, 9 March 2016, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

 

matthew smith

 

ACTING CHIEF EXECUTIVE OFFICER

 

26 February 2016


CITY OF BUSSELTON

Agenda FOR THE Council  MEETING TO BE HELD ON 9 March 2016

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

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

2....... Attendance. 5

3....... Prayer. 5

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

5....... Announcements Without Discussion.. 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  Meeting held on 24 February 2016. 5

Committee Meetings. 6

9.2          Minutes of the Airport Advisory Committee Meeting held 12 February 2016. 6

9.3          Minutes of the Policy and Legislation Committee Meeting held 18 February 2016. 6

9.4          Minutes of the Airport Advisory Committee Meeting held 26 February 2016. 6

10..... Reports of Committee. 7

10.1        Airport Advisory Committee - 12/02/2016 - BUSSELTON MARGARET RIVER AIRPORT - AIRPORT UPDATE. 7

10.2        Policy and Legislation Committee - 18/02/2016 - REVIEW OF PURCHASING POLICY. 12

10.3        Policy and Legislation Committee - 18/02/2016 - REVIEW OF APPLICATIONS FOR EXPLORATION OR MINING/EXTRACTION LICENSES FOR COAL WITHIN THE CITY OF BUSSELTON.. 49

10.4        Airport Advisory Committee - 26/02/2016 - BUSSELTON REGIONAL AIRPORT - NOISE MANAGEMENT PLAN REVIEW... 54

11..... Planning and Development Services Report. 117

11.1        ADOPTION OF MANAGEMENT PLAN FOR RESERVE 43008, DUNSBOROUGH.. 117

11.2        MEELUP REGIONAL PARK MANAGEMENT COMMITTEE- APPOINTMENT OF MEMBERS. 184

11.3        FURTHER CONSIDERATION OF OMNIBUS AMENDMENT NO 1. TO LOCAL PLANNING SCHEME NO. 21 - CONSIDERATION FOR FINAL APPROVAL. 187

12..... Engineering and Works Services Report. 196

13..... Community and Commercial Services Report. 196

14..... Finance and Corporate Services Report. 196

14.1        LOCKE ESTATE VACANT LEASEHOLD SITE (ASSESSMENT OF EXPRESSIONS OF INTEREST AND PROPOSED LEASE AGREEMENT). 196

15..... Chief Executive Officer's Report. 266

15.1        COUNCILLORS' INFORMATION BULLETIN.. 266

16..... Motions of which Previous Notice has been Given.. 272

17..... Confidential Reports. 272

17.1        BUSSELTON CENTRAL SHOPPING CENTRE REDEVELOPMENT PROJECT

18..... Questions from Members. 272

19..... Public Question Time. 272

20..... Next Meeting Date. 272

21..... Closure. 272

 


Council                                                                                      5                                                                       9 March 2016

 

1.               Declaration of Opening and Announcement of Visitors

2.               Attendance 

Apologies

Approved Leave of Absence

 

Nil

3.               Prayer

The Prayer will be delivered by Pastor Thomas Cooper from Freedom Church.

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  Meeting held on 24 February 2016

Recommendation

That the Minutes of the Council  Meeting held 24 February 2016 be confirmed as a true and correct record.

 


 

Committee Meetings

9.2             Minutes of the Airport Advisory Committee Meeting held 12 February 2016

RECOMMENDATION

 

1)    That the minutes of a meeting of the Airport Advisory Committee held 12 February 2016 be received.

 

2)    That the Council notes the outcomes of the Airport Advisory Committee held 12 February 2016 being:

 

a)    The Busselton Margaret River Airport – Airport Update Item is presented for Council consideration at Item 10.1 of this agenda.

 

9.3             Minutes of the Policy and Legislation Committee Meeting held 18 February 2016

RECOMMENDATION

 

1)    That the minutes of the Policy and Legislation Committee held 18 February 2016 be received.

 

2)    That the Council notes the outcomes of the Policy and Legislation Committee meeting held 18 February 2016 being:

 

a)    The Review of Purchasing Policy Item is presented for Council consideration at Item 10.2 of this agenda.

 

b)    The Review of Applications for Exploration or Mining/Extraction Licenses for Coal within the City of Busselton Item is presented for Council consideration at Item 10.3 of this agenda.

 

9.4             Minutes of the Airport Advisory Committee Meeting held 26 February 2016

RECOMMENDATION

 

1)    That the minutes of a meeting of the Airport Advisory Committee held 26 February 2016 be received.

 

2)    That the Council notes the outcomes of the Airport Advisory Committee held 26 February 2016 being:

 

a)    The Busselton Regional Airport – Noise Management Plan Review Item is presented for Council consideration at Item 10.4 of this agenda.

 

 


Council                                                                                      7                                                                       9 March 2016

10.             Reports of Committee

10.1           Airport Advisory Committee - 12/02/2016 - BUSSELTON MARGARET RIVER AIRPORT - AIRPORT UPDATE

SUBJECT INDEX:

Commercial Services

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:

Manager, Commercial Services - Jennifer May

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 12 February 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report provides an overview on the Busselton-Margaret River Airport (BMRA) operations and activities for the reporting period 1 October to 31 December 2015.

 

BACKGROUND

 

FIFO Charter passenger numbers have seen an overall (arriving and departing) increase through the BMRA in the last financial quarter which is consistent with the year to date trend. Below is a table indicating the number of FIFO Charter passengers arriving and departing through the airport for the reporting period 1 October 2015 to 31 December 2015 in comparison to previous years.

 

 

Departing FIFO Passengers

Arriving FIFO Passengers

 

2013

2014

2015

2013

2014

2015

October

1213

1220

1222

1091

994

890

November

815

1054

1195

701

862

936

December

792

1141

1290

756

1021

994

Total

2820

3415

3707

2548

2877

2820

 

 

The total number of departing FIFO services is currently at 10 flights per week, a reduction of four (4) flights due to the withdrawal of the Ad Astral/ Maroomba flights to Karara mine site from  18 November 2015.

 

 

Total aircraft movements have seen a slight decrease for the months of October through December over the last three (3) years as depicted in the table above. This reduction is due to the withdrawal of the RPT services in December 2014 and Maroomba flights in December 2015.

 

Below is a table of Emergency Services usage of BMRA for the same period over the last two (2) years.

 

Emergency Service

October-December 2014

October-December 2015

Aero rescue

2

4

RFDS

70

76

SLSWA

109

84

Polair

6

8

Helitac

21

11

Fixed wing water bombers

0

2

 

Busselton Aero Club Aerofest 2016

 

Airport Officers are in consultation with the Busselton Aeroclub in preparation for the 2016 Aerofest to be held at the airport on Sunday 6 March 2016. This event will provide the community the chance to get up close to recreational, general aviation, military and emergency services aircraft and pilots and is expected to attract up to four thousand (4000) visitors. Additionally there will be water bombing displays, helicopter joy rides and numerous aviation and non-aviation stalls. The City is supporting this event by waiving the landing fees and has allocated $5k in event sponsorship, funded through the commercial and industrial differential rate.

 

Noise Management Plan (NMP) Compliance reporting

 

Since the start of the reporting period of 23 June 2015, five (5) of the allowable twelve (12) CEO approved non-conforming activities have been authorised to date and six (6) instances of non-conforming activities have been reported to OEPA where aircraft operators have performed  unauthorised operations in accordance with the NMP.

 

Busselton Airport Desktop Emergency Exercise

 

City of Busselton Officers conducted a Desktop Emergency Exercise as per CASA; MOS 139, Section 10.8.4.3 on the 1December 2015 which included all local emergency services to test and review the emergency procedures for the BMRA Aerodrome Emergency Plan.  The desktop was considered a successful and valuable exercise with a number of key actions recorded to improve the emergency response and procedures for the aerodrome.

 

AV8 Charity Event

 

The City has received a request from AV8 Charity Flight, the event organiser for the AV8 Charity Flight to raise funds for Variety WA, to waive the landing fees and passenger facilitation fees for an event to be held on 30th April 2016. The event comprises of two F100 aircraft, with expected passenger numbers of 200 who fly down to Busselton and spend the day in the region. The fundraising proceeds go to the Variety Club of WA and specifically with this event funds going to the community such as schools and grants to individuals who have applied. 

 

The total in waived fees, including landing fees and passenger fees, is expected to be $5,600 (excl GST) not including staff time (approx. $250) and as such requires Council endorsement. The City supported this event last year through the waiving of landing and passenger facilitation charges. Other sponsors for this event include Virgin Australia Regional Airlines (VARA) and Margaret River Busselton Tourism Association (MRBTA).

 

STATUTORY ENVIRONMENT

 

The BMRA operates in accordance with the following: The 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

 

At 31 December 2015 the BMRA recorded a surplus of $115,770 (excluding depreciation of $108,740). The half yearly revenue and expenditure figures are reported below:

 

Year

    Revenue

Operating Cost (incl Depreciation

Net Position (incl Depreciation)

Depreciation

Net Positon (excl Depreciation)

Mid 2015/16

$481,119

-$474,089

$7,030

-$108,740

$115,770

 

The City has received a total of $227,037 in landing fees for the period July 2015 – December 2015 and the year to date actual revenue received is slightly down compared to the year to date budget allocation due to $49,814 outstanding in landing fees, of which $36,000 can be attributed to Virgin Australia Regional Airlines (VARA). Since 31 December 2015, the City has received $42,880 in landing fees taking the total landing fees revenue to date to $269,916.

 

A total of $94,478 has been received for the period in passenger facilitation fees, with approximately $52,960 outstanding.  While the loss of the RPT F50 services had resulted in a loss of revenue, there has been an increase in departing FIFO passenger numbers resulting in slightly increased passenger fees revenue. Since 31 December 2015, the City has received $48,145 in passenger facilitation fees taking the total passenger fees to $142,623.

 

Car parking fees received to the end of December 2015 total $131,880, this is down compared to the year to date budget of $151,458 resulting from a decrease in car parking usage due to passengers carpooling and lost revenue from incorrect usage of the car park ticketing system.

 

The total expenditure budget allocated for the 2015/2016 financial year is $948,540 (including depreciation) with actual expenditure to 31 December 2015 being $474,089 (including depreciation).  This is lower than the year to date budget projection of $518,860 due to non-critical operational works being delayed.

 

Long-term Financial Plan Implications

 

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

 

STRATEGIC COMMUNITY OBJECTIVES

 

The BMRA 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, 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

 

Airport staff and the Stakeholder Engagement and Communication Officer (Airport Development Project Management Team) are continuing to work with the City’s IT department in the development of an Airport website which is expected to be ready for release in late February 2016. 

 

Other maintenance and projects include:

 

·    Airport officers are working with the City Business System Team to development of a Crane/ Airspace Assessment system to provide City Officers a better understanding of airspace penetration and Obstacle Limitations Surface restrictions in regard to crane and building applications which will be required for the development of the Airport and future industrial and residential developments.

·    An extensive Mowing/slashing program of the Airport precinct has been completed to minimise the fire risk during the fire season.

·    Commencement of the Airside weed spraying program.

·    Development of a dedicated helicopter parking area in the vicinity of the hanger precinct.

 

CONCLUSION

 

The last three (3) months have been a busy period in airport operations with a number of operational and infrastructure improvements taking place including, mowing /slashing prior to the fire season, removal of all airside farm fences to improve access and aircraft safety and the completion of the staff room.

 

OPTIONS

 

The Airport Advisory Committee chooses not to accept the Officers report.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Not Applicable.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council;

 

             1.            Receives and notes the Airport operations report.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council;

 

2.            Endorses the waiving of landing and passenger facilitation fees for the AV8 Charity Flight to          be held on 30th April 2016 to raise funds for Variety Club of WA for 2 F100 aircraft and          estimated 200 passengers to the total value of $5,600 (excl GST).

 


Council                                                                                      13                                                                     9 March 2016

10.2           Policy and Legislation Committee - 18/02/2016 - REVIEW OF PURCHASING POLICY

SUBJECT INDEX:

Purchasing

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Legal Services

REPORTING OFFICER:

Manager, Corporate Services - Sarah Pierson

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Existing Purchasing Policy

Attachment b    WALGA Model Purchasing Policy  

 

This item was considered by the Policy and Legislation Committee at its meeting on 18 February 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The City of Busselton’s Purchasing Policy has been reviewed due to changes to the Local Government (Functions and General) Regulations 1996. This report recommends adoption of a revised policy which will ensure compliance with the amended statutory framework.

 

BACKGROUND

 

The City of Busselton’s Purchasing Policy (“Purchasing Policy”) provides the framework for purchasing decisions made by the City of Busselton and defines the procedures that must be followed for purchasing in accordance with the value of transactions.  The Purchasing Policy was initially implemented in March 2007 and has subsequently been subject to updates in July 2012 and May 2014. The 2012 and 2014 reviews, undertaken in accordance with the City’s ongoing policy review process, resulted in minor variations aimed at improving practices and procedures. 

 

The statutory framework for procurement of goods and services by local governments is established under Part 4 of the Local Government (Functions and General) Regulations 1996 (“the Regulations”). With the aim of improving the purchase and tendering practices of local governments, the Regulations were amended with effect 1 October 2015. In addition to increasing the tender threshold, the amendments provide for local governments to appoint a panel of pre-qualified suppliers, and make other minor changes (which are discussed in more detail under the Officer Comment section of this report).

 

These changes prompted a review of the Purchasing Policy to ensure compliance with the Regulations.  The recently revised Western Australian Local Government Association (“WALGA”) Model Purchasing Policy (Attachment A) has also been utilised extensively as part of this review.

 

STATUTORY ENVIRONMENT

 

In accordance with Section 2.7(2)(b) of the Local Government Act 1995 (the Act) it is the role of the Council to determine the City’s policies.  In terms of Regulation 11A(1) of the Regulations a local government is to implement a purchasing policy in relation to contracts for supply of goods or services where the consideration under the contract is, or is expected to be, $150, 000 or less. Such a policy must, among other things, make provision in respect of —

 

·    the form of quotations acceptable;

·    the minimum number of oral quotations and written quotations that must be obtained; and

·    the recording and retention of purchasing records.

It is also now a requirement of the Regulations that a local government adopts and implements a policy for panels of pre-qualified suppliers in accordance with Regulation 24AC(1)(a) of the Regulations.

 

RELEVANT PLANS AND POLICIES

 

The current WALGA Model Purchasing Policy has been considered for the purposes of reviewing and updating the Purchasing Policy.

 

FINANCIAL IMPLICATIONS

 

Adoption of the proposed updated Purchasing Policy will not have any direct financial implications. Establishing, maintaining and managing panels of pre-qualified suppliers in accordance with the new regulatory requirements imposed by the amended Regulations could require a higher level of staff involvement and internal resources in order to meet all the statutory requirements required for operating a panel.  The use of such panels is however at the City’s discretion. 

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed changes to the Purchasing Policy align with Strategic Community Objective 6.2 which requires for the City’s governance systems to deliver responsible, ethical and accountable decision making.

 

RISK ASSESSMENT

 

The proposed changes to the Purchasing Policy are designed to ensure compliance with the relevant statutory framework and are therefore designed to mitigate compliance risks.

 

CONSULTATION

 

City officers consulted with and sought guidance from WALGA with regards to the changes to the Purchasing Policy.

 

OFFICER COMMENT

 

Many of the proposed changes to the Purchasing Policy are required as a consequence of amendments to the Regulations which came into effect on 1 October 2015.

 

Changes to tender and purchasing thresholds

The tender threshold has been increased from $100,000 to $150,000. If the contract for goods or services is expected to be more than $150,000 a public tender process is required.  The Purchasing Policy currently provides for the following thresholds for purchases up to $100,000:

 

3.6             Purchasing Thresholds 

  

Where the value of procurement for the value of the contract over the full contract period (including options to extend) is, or is expected to be:-

 

 

 

Amount of

Purchase

Model Policy

3.6.1

Up to $1,000

Direct purchase from suppliers requiring only one verbal quotation

3.6.2

$1,001 - $4,999

Obtain at least two verbal or written quotations

3.6.3

$5,000 - $19,999

Obtain at least two written quotations

3.6.4

$20,000 - $39,999

Obtain at least three written quotations

3.6.5

$40,000 - $99,999

Obtain at least three written quotations containing price and specification of goods and services (with procurement decision based on all value for money considerations)

3.6.6

$100,000 and above

Conduct a public tender process

 

Considering the increase in the tender threshold to $150,000, the following changes to the purchasing thresholds for the purchase of goods and services under this threshold are proposed:

 

Amount of

Purchase

Requirements

6.3.1

 Up to $5000

 

Purchase directly from a suitable supplier after obtaining at least one (1) oral or written quotation

6.3.2

$5,001 - $14,999

 

Obtain at least two (2) written quotations from suitable suppliers following a brief outlining of the specified requirement

6.3.3

 

$15,000 - $49,999

 

Obtain at least three (3) written quotations from suppliers following a brief outlining of the specified requirement

6.3.4

$50,000 - $149,999

Obtain at least three (3) written quotations from suppliers by way of a formal request for quotation, containing price and detailed specification of goods and services required.  The procurement decision is to be based on pre-determined evaluation criteria that assess all value for money considerations in accordance with the guidelines stated within the Policy.

6.3.5

Over $150,000

Conduct a public tender process  in accordance with the statutory requirements under the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996

 

Since the current purchasing thresholds were determined, the City’s annual budget and the scope of the City’s operations have significantly increased. The proposed adjustments to the purchasing thresholds are generally consistent with the WALGA Model Purchasing Policy, noting the City has an additional level, and are considered necessary to enable City staff to efficiently implement the City’s annual budget and deliver on the City’s day-to-day operations and major projects.

 

Panels of pre-qualified suppliers

 

The Regulation amendments introduce the ability for local governments to create a panel of pre-qualified suppliers and to a large extent formalise current practices for establishing ‘tender panels’. In terms of these provisions local governments have to invite prospective suppliers to apply by giving State-wide public notice, make available a range of detailed information about the proposed panel and outline in a written policy how the panel will operate. The policy and/or the detailed information required to be available under each invitation to join a panel must outline how the panel will operate; how each supplier will be invited to quote; how consistent communication with the panel will be achieved and how quotes and purchases from suppliers will be retained and recorded. These changes have been incorporated into the proposed Purchasing Policy in part 9 of the Policy.

Other changes

 

A range of minor changes to the Purchasing Policy are proposed. Some of these changes are made as a result of the amendments to the Regulations while other changes are intended to improve day-to-day operations and efficiencies. These changes include:

 

·     a reference to the anti-avoidance requirements under Regulation 11 of the Regulations in the Purchasing Policy in section 6.11.

 

·     changes in section 7.7 reflecting the changes to Regulation 16 of the Regulations which has been amended to require that when tenders are opened there must be at least two employees of the local government present, or one local government employee and at least one person authorised by the Chief Executive Officer.

 

·     Pursuant to Part 4 of the Regulations, the City is not required to publicly invite tenders if the goods or services are to be procured from:

 

×     An Australian Disability Enterprise; or

 

×     A person registered on the Aboriginal Business Directory published by the Small Business Development Corporation, provided the expected value of the goods or services to be purchased is $250,000 or less. 

 

These exemptions, which both are contingent on the demonstration of value for money, have been incorporated under parts 10 and 11 of the proposed Purchasing Policy.

 

The opportunity has already been taken to “tidy up” the policy by removing some provisions which do nothing more than replicate requirements of the Regulations, sometimes in a manner which does not fully reflect the complexity of the Regulations.  The sections relating to “Tender Closing Date” and “No Tenders Received” are examples of this.

 

CONCLUSION

 

The proposed changes to the Purchasing Policy ensure compliance with recent amendments to the Regulations and provide a best practice approach to purchasing for the City of Busselton.

 

OPTIONS

 

The Council may consider a range of possible changes to the policy, other than where it reflects statutory requirements.  In particular, Council could alter the purchasing requirements and thresholds for purchases of a value less than $150,000.00.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The revised policy would be effective immediately upon adoption by the Council.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council adopts the Purchasing Policy:

 

239

City of Busselton Purchasing Policy

 

 

 

1          PURPOSE

 

This policy provides a best practice approach to purchasing for the City of Busselton (the “City”).  It also ensures compliance with the Local Government Act 1995 (‘’the Act”) and the Local Government (Functions and General) Regulations 1996 (“the Regulations”).

 

2          SCOPE

 

This policy provides the framework for all purchasing decisions made by employees of the City and defines the procedures that must be followed for purchasing in accordance with the value of the transaction.

 

3          POLICY CONTENT

 

3.1      Objectives

 

The objectives of the Purchasing Policy are to ensure that all purchasing activities:

 

*         demonstrate that best value for money is attained for the City;

*         are compliant with relevant legislations, including the Act and the Regulations;

*         are recorded in compliance with the State Records Act 2000 and associated records management practices and procedures of the City; 

*         mitigate probity risk, by establishing consistent and demonstrated processes that promotes openness, transparency, fairness and equity to all potential suppliers;

*         ensure that the sustainable benefits, such as environmental, social and local economic factors are considered in the overall value for money assessment;

*         are conducted in a consistent and efficient manner across the City and that ethical decision making is demonstrated; and

 *        to establish a written policy as required under Regulation 11A and to address the particular requirements of Regulation 24AC(1)(a) of the Regulations for the purposes of establishing panels of pre-qualified suppliers.

 

4          ETHICS & INTEGRITY

 

All employees of the City shall observe the highest standards of ethics and integrity in undertaking purchasing activity and act in an honest and professional manner that supports the standing of the City of Busselton.

 

4.1          Purchasing principles

 

The following principles, standards and behaviours must be observed and enforced through all stages of the purchasing process to ensure the fair and equitable treatment of all parties:

 

*         full accountability shall be taken for all purchasing decisions and the efficient, effective and proper expenditure of public monies based on achieving value for money;

*         all purchasing practices shall comply with relevant legislation, regulations, and requirements under the City policies, practices and procedures, and Code of Conduct;

*         purchasing is to be undertaken on a competitive basis in which all potential suppliers are treated impartially, honestly and consistently;

*         all processes, evaluations and decisions shall be transparent, free from bias and fully documented in accordance with applicable policies, practices and procedures, and audit requirements; and

*         any actual or perceived conflicts of interest are to be identified, disclosed and appropriately managed; 

5          VALUE FOR MONEY

 

Value for money is determined when the consideration of price, risk and qualitative factors are assessed to determine the most advantageous outcome to be achieved for the City.

 

As such, purchasing decisions must be made with greater consideration than obtaining lowest price, but also to incorporate qualitative and risk factors into the decision.

An assessment of the best value for money outcome for any purchasing should consider:

 

*         all relevant whole-of-life costs and benefits; whole of life cycle costs (for goods) and whole of contract life costs (for services) including transaction costs associated with acquisition, delivery, distribution, as well as other costs such as but not limited to holding costs, consumables, deployment, maintenance and disposal; 

*         the technical merits of the goods or services being offered in terms of compliance with specifications, contractual terms and conditions and any relevant methods of assuring quality;

*         financial viability and capacity to supply without risk of default.  (Competency of the prospective suppliers in terms of managerial and technical capabilities and compliance history);

*         a strong element of competition in the allocation of orders or the awarding of contracts. This is achieved by obtaining a sufficient number of competitive quotations wherever practicable;

*         the safety requirements associated with both the product design and specification offered by suppliers and the evaluation of risk when considering purchasing goods and services from suppliers;

*         purchasing of goods and services from suppliers that demonstrate sustainable benefits and good corporate social responsibility; and

*         providing opportunities for businesses within the City’s boundaries to quote for providing goods and services wherever possible.


 

6              PURCHASING REQUIREMENTS

 

The requirements that must be complied with by the City, including purchasing thresholds and processes, are prescribed within the Regulations, this Policy and associated purchasing procedures in effect at the City.

 

Purchasing that is $150,000 or below in total value must be in accordance with the relevant thresholds detailed at section 6.3.

 

Purchasing that exceeds $150,000 in total value must be put to public tender in accordance with the statutory requirements under the Regulations (unless a regulatory tender exemption is deemed suitable).

 

6.1          Purchasing Value Definition

 

Determining purchasing value is to be based on the following considerations:

·    Exclusive of Goods and Services Tax (GST);

·    The actual or expected value of a contract over the full contract period, including all options to extend; or the extent to which it could be reasonably expected that the City of Busselton will continue to purchase a particular category of goods, services or works and what the total purchased value is or could be reasonably expected to be .  Best practice is if a purchasing threshold is reached within three years for a particular category of goods, services or works, then the purchasing requirement under the relevant threshold (including the tender threshold) must apply; and

·    Any variation to the scope of the purchase is limited to a 10% tolerance of the original purchasing value. 

 

6.2      Purchasing from Existing Contracts

Where the City has an existing contract in place that relates to a particular good or service, it must endeavour to purchase required goods or services under that existing contract, to the extent that the scope of the contract allows.  When planning the purchase, the City must consult its contract register in the first instance before seeking to obtain quotes or tenders.

 

6.3      Purchasing Thresholds                     

 

Where the value of procurement for the value of the contract over the full contract period (including options to extend) is, or is expected to be:-

 

Amount of

Purchase

Requirements

6.3.1

 Up to $5000

 

Purchase directly from a suitable supplier after obtaining at least one (1) oral or written quotation from that supplier either from:

·    an existing panel of pre-qualified suppliers administered by the City; or

·    a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·    from the open market.

6.3.2

$5,001 - $14,999

 

Obtain at least two (2) written quotations from suitable suppliers following a brief outlining of the specified requirement. Quotations within this threshold may be obtained from:

·    an existing panel of pre-qualified suppliers administered by theCity; or

·    a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·    from the open market.

6.3.3

 

$15,000 - $49,999

 

Obtain at least three (3) written quotations from suppliers following a brief outlining of the specified requirement. Quotations within this threshold may be obtained from:

·    an existing panel of pre-qualified suppliers administered by the City; or

·    a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·    from the open market.

6.3.4

$50,000 - $149,999

Obtain at least three (3) written quotations from suppliers by way of a formal request for quotation, containing price and detailed specification of goods and services required.  The procurement decision is to be based on pre-determined evaluation criteria that assess all value for money considerations in accordance with the definition stated within this Policy.

 

The selection should not be based on price alone.  Consideration should be given to qualitative factors such as quality, availability, accreditation requirements, time for completion or delivery, warranty conditions, technology, maintenance requirements, an organisation’s capability, previous relevant experience and any other relevant factors.  The quotations are to be evaluated by a panel with a minimum of two members with a mix of skills and experience relevant to the nature of the purchase.

 

Quotations within this threshold may be obtained from:

·    an existing panel of pre-qualified suppliers administered by the City; or

·    a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·    from the open market.

6.3.5

Over $150,000

Conduct a public tender process in accordance with the statutory requirements under the Act and the Regulations.

 

6.4          $ 150,000 and above

 

For the procurement of goods or services where the value exceeds $150,000, it is a requirement to follow a public tender process in accordance with the statutory requirements under the Regulations (see also part 7 of this Policy).

 

6.5          Inviting tenders under the Tender Threshold

 

Where considered appropriate and beneficial, procurement of goods and services with a value of less than the tender threshold of $150,000, may, in lieu of obtaining quotations, be done by way of a tender process in accordance with the statutory requirements under the Regulations.  This decision should be made after considering the benefits of this approach in comparison with the costs, risks, timeliness and compliance requirements.

 

6.6      Verbal Quotations

 

The general principles for obtaining verbal quotations are:

*         ensure that the requirement/specification is clearly understood by the employee seeking the verbal quotations;

*         ensure that the requirement is clearly, accurately and consistently communicated to each of the suppliers being invited to quote;

*         read back or confirm in writing the details to the supplier’s contact person to confirm their accuracy; and

*         ensure the terms and conditions of the purchase are clear to both parties and that they are fair and reasonable and do not pose any unacceptable risk to the City.

 

6.7             Written Quotations

 

The general principles relating to written quotations are:

*         an appropriately detailed specification should communicate requirement(s) in a clear, concise and logical fashion;

*         they should include general terms and conditions of contract that are appropriate and adequate for the purchase and which do not pose any unacceptable risk to the City;

*         requests to quote should be issued simultaneously to ensure that all parties receive an equal opportunity to respond;

*         any new information that is likely to change the requirements should be offered to all prospective suppliers at the same time.

*         responses should be assessed for compliance, then against the selection criteria, and then value for money and all evaluations documented; and

*         respondents should be advised in writing as soon as possible after the final determination is made and approved.

 

6.8          Due Diligence

 

The responsible City officer is expected to demonstrate due diligence in seeking quotations and may determine that the process outlined for a higher transaction value may be appropriate to a purchase, despite it being of a lower value. As best practice the number of quotations, the contract conditions and level of evaluation required should be determined by the type and nature of the purchase and the associated risk and not purely its value.  The value dictates the minimum requirements for the purchase.

 

In addition, it is recommended to use professional discretion and occasionally undertake market testing with a greater number or more formal forms of quotation to ensure best value robust evaluation are maintained.

 

6.9          Sole source of supply (monopoly suppliers)

 

Where the purchasing requirement is over the value of $5,000 and of a unique nature that can only be supplied from one supplier, the purchase is permitted without undertaking a tender or quotation process.  This is only permitted in circumstances where the City is satisfied and can evidence that there is only one source of supply for those goods, services or works.  The City must use its best endeavours to determine if the sole source of supply is genuine by exploring if there are any alternative sources of supply.  If the view is formed that there is no alternative source of supply, a written justification to this effect must be endorsed by the Chief Executive Officer, prior to a contract being entered into.

 

From time to time, the City may publicly invite an expression of interest to effectively determine that one sole source of supply still genuinely exists.

 

6.10    Waiver of requirements

 

The Chief Executive Officer may, at his/her discretion, waive the requirements to obtain the number or nature of quotations set out in section 6.3.  The responsible City officer must request such a waiver in writing, providing sufficient justification therefore, by way of a ‘Waiver to the Purchasing Policy’ form or equivalent.

 

6.11        Anti-Avoidance

 

The City shall not enter into two or more contracts of a similar nature for the purpose of splitting the value of the contracts to take the value of consideration below the level of $150,000, thereby avoiding the need to follow the tender process under the Regulations.

 

6.12            Recordkeeping

 

The responsible City officer must ensure that all aspects of any procurement or purchase are properly documented and registered in the City’s record keeping systems in accordance with all statutory requirements and relevant City practices and procedures.

7              REGULATORY COMPLIANCE - TENDERS

 

This part includes detail on the requirements of the Act and the Regulations for the public tender process.  As these may change from time to time, it is the responsibility of the employee to inform themselves of the requirements of the relevant statutory requirements when conducting a tender process and not rely on this policy alone.

 

7.1              Tender exemption

 

An exemption to publicly invite tenders may apply in the following instances: 

*         the purchase is obtained from a pre-qualified supplier under the WALGA Preferred Supply Program or State Government Common Use Arrangement;

*         the purchase is from a Regional Local Government or another Local Government;

*         the purchase is acquired from a person registered on the WA Aboriginal Business Directory, as published by the Small Business Development Corporation, where the consideration under contract is worth $250,000 or less and represents value for money;

*         the purchase is acquired from an Australian Disability Enterprise and represents value for money;

*         the purchase is from a pre-qualified supplier under a Panel established by the City; or

*         any of the other exclusions under Regulation 11 of the Regulations apply.

 

7.2              Tender Criteria

 

The City shall, before tenders are publicly invited, determine in writing the criteria by which tenders will be evaluated. 

 

7.3              Advertising Tenders

 

Requests for tenders must be advertised in a state wide publication and, in addition, may also be advertised locally.  The tender must remain open for a minimum of at least 14 days after the date the tender is advertised.

 

The notice must include;

*         a brief description of the goods or services required;

*         information as to where and how tenders may be submitted; 

*         the date and time after which tenders cannot be submitted; 

*         particulars identifying a person from who more detailed information as to tendering may be obtained.  Detailed information shall include;

-          such information as the local government decides should be disclosed to those interested in submitting a tender;

-          detailed specifications of the goods or services required;

-          the criteria for deciding which tender should be accepted;

-          whether or not the local government has decided to submit a tender; and

-          whether or not tenders can be submitted by facsimile or other electronic means, and if so, how tenders may be submitted. 

 

7.4              Issuing Tender Documentation

 

Approved tenders will be allocated a tender number, which shall be recorded in the City of Busselton’s Tender Register.

 

A written record will be kept of the details of all persons who request and are supplied with tender documentation.

 

7.5              Addendum to Tender

 

Clarifications, variations or adjustments to the tender documentation and/or the conditions of tender may be made by way of addendum after the tender has been publicly advertised but prior to the tender closing date.  An addendum is to be given to all prospective tenderers who requested and have been supplied with tender documentation by the City and the responsible City officer must use his/her best endeavours to ensure that all addendums are acknowledged by the receiving persons.

 

7.6              Opening of Tenders

 

A lockable tender box is to be kept by the City and all tenders received by the City are to be placed in the tender box.  No tenders are to be removed from the tender box, or opened, read or evaluated prior to the tender closing date.

 

Tenders are to be opened in the presence of at least two persons which can be either:

 

(1)          Two employees of the City; or

 

(2)          One employee of the City and another person authorised by the Chief Executive Officer for that purpose. 

 

The details of all tenders received and opened shall be recorded in the Tender Register. 

 

Tenders are to be opened in accordance with the advertised time and place. There is no obligation to disclose or record tendered prices at the tender opening, and price information should be regarded as commercial-in-confidence to the Local Government.  Members of the public are entitled to be present.

 

7.7              Tender Evaluation

 

Tenders that have not been rejected shall be assessed by means of a written evaluation against the pre-determined criteria.  The tender evaluation panel shall assess each tender that has not been rejected to determine which tender represents best value for money. 

 

The evaluation panel must contain a minimum of three members and shall be established prior to the advertising of a tender.  Panel members shall have a mix of skills and experience relevant to the nature of the purchase. 

 

7.8      Notification of Outcome

 

Each tenderer is to be given notice in writing containing particulars of the successful tender or advising that no tender was accepted.

 

7.9     Tender Register

           

The City must maintain a tender register which is to include:

(a)  a brief description of the goods and services required;

(b)  particulars of —

(i)    any notice by which expressions of interests from prospective tenderers was sought; and

(ii)   any person who submitted an expression of interest; and

(iii)  any list of acceptable tenderers that was prepared under Regulation 23(4); and

(c)   a copy of the notice of the invitation to tender; and

(d)  the name of each tenderer whose tender has been opened; and

(e)  the name of any successful tenderer.

 

7.10            Minor Variation prior to awarding a contract

 

Prior to awarding a contract from a tender, the City may negotiate and agree on minor variations with the preferred tenderer. Any amendments must be incorporated into the contract with the chosen tenderer for the supply of the varied requirement. Any major variation will require a new and separate tender.  A minor variation may not materially alter the specification or structure provided for by the initial tender.

 

8          WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION PREFFERRED SUPPLIERS PROGRAM

 

The Western Australian Local Government Association (WALGA) has a number of pre-qualified

suppliers called WALGA preferred suppliers.  Using WALGA preferred suppliers may be considered

appropriate for particular procurement. This method of sourcing goods and services can simplify the

process otherwise required for a request for quotation or request for tender, however, in all other

respects purchasing via WALGA’s preferred supplier panels must comply with this policy.

 

The City can make purchases from suppliers on a WALGA preferred supplier panel:

 

*         for purchases up to $150,000; and

 

*         for purchases over $150,000 in reliance on the exemption to the requirement for a public tender,

 

provided that:

 

*         the purchasing thresholds in section 6.3 are observed in relation to numbers of and types of quotation sought;

*         this purchasing policy is otherwise followed, in particular the principles of ethics, integrity and best value for money in section 4 and 5.

 

Note:  WALGA terms and conditions are available for use in connection with requests for quotation

via eQuotes, however consideration must be given to whether such terms and conditions are

appropriate for the proposed purchase.  If alternative terms and conditions are used then they must

meet the requirements of this Policy.

 

9         PANELS OF PRE-QUALIFIED SUPPLIERS (“PANEL”)

 

9.1      Background

 

In accordance with Regulation 24AC of the Regulations, the City may establish a Panel of Pre-qualified Suppliers (“Panel”) where there is an ongoing need for particular goods or services.  Using these Panels simplifies the process that would otherwise be required as part of a request for quotation.    A Panel may be created where most of the following factors apply:

·   the City  determines that a range of similar goods and services are required to be purchased on a continuing and regular basis;

·   there are numerous potential suppliers in the local and regional procurement-related market sector(s) that satisfy the test of ‘value for money’;

·   the purchasing activity under the intended Panel is assessed as being of low to medium risk;

·   the Panel will streamline and will improve procurement processes;

·   the City  has the capability to establish, manage the risks and achieve the benefits expected of the proposed Panel.

The City will endeavour to ensure that Panels will not be created unless most of the above factors are firmly and quantifiably established.

 

9.2      Establishing a Panel

 

Should the City determine that a Panel is beneficial to be created, it must do so in accordance with Regulation 24AC of the Regulations.

 

Panels may be established for one supply requirement, or a number of similar supply requirements under defined categories within the Panel.

 

Subject to 9.3(b), panels may be established for a minimum of 2 years and for a maximum length of time deemed appropriate by the City.

 

Evaluation criteria must be determined and communicated in the application process by which applications will be assessed and accepted.

 

Where a Panel is to be established, the City will endeavour to appoint at least three (3) suppliers to each category, on the basis that best value for money is demonstrated.  Where less than three (3) suppliers are appointed to each category within the Panel, the Panel category is not to be established.

 

In each invitation to apply to become a pre-qualified supplier (through a procurement process advertised through a state-wide notice), the City must state the expected number of suppliers it intends to put on the panel.

 

Should a Panel member leave the Panel, they may be replaced by the next ranked Panel member determined in the value for money assessment should the supplier agree to do so, with this intention to be disclosed in the detailed information set out under Regulation 24AD(5)(d) and (e) when establishing the Panel.

 

9.3       Distributing Work Amongst Panel Members

To satisfy Regulation 24AD(5) of the Regulations, when establishing a Panel, the detailed information associated with each invitation to apply to join the Panel must either prescribe whether the City intends to:

i.      Obtain quotations from each pre-qualified supplier on the Panel with respect to all purchases, in accordance with section 9.3(a);  or

ii.     Purchase goods and services exclusively from any pre-qualified supplier appointed to that Panel, and under what circumstances; or

iii.    Develop a ranking system for selection to the Panel, with work awarded in accordance with section 9.3 (b).

In considering the distribution of work among Panel members, the detailed information must also prescribe whether:

a)    each Panel member will have the opportunity to bid for each item of work under the Panel, with pre-determined evaluation criteria forming part of the invitation to quote to assess the suitability of the supplier for particular items of work.  Contracts under the Panel will be awarded on the basis of value for money in every instance; or

b)    work will be awarded on a ranked basis, which is to be stipulated in the detailed information set out under Regulation 24AD(5)(f) of the Regulations when establishing the Panel. The City is to invite the highest ranked Panel member, who is to give written notice as to whether to accept the offer for the work to be undertaken.  Should the offer be declined, an invitation to the next ranked Panel member is to be made and so forth until a contract is awarded to a Panel member for the work to be undertaken. Should the list of Panel members invited be exhausted with no Panel member accepting the offer to provide goods/services under the Panel, the City may then invite suppliers that are not pre-qualified under the Panel, in accordance with the purchasing thresholds stated in section 6.3 of this policy.  When a ranking system is established, the Panel must not operate for a period exceeding 12 months.

 

In every instance, a contract must not be formed with a pre-qualified supplier for an item of work beyond 12 months, which includes options to extend the contract.

 

9.4          Recordkeeping

Records of all communications with Panel members, with respect to the quotation process and all subsequent purchases made through the Panel, must be kept in the City’s records system in accordance with all statutory requirements and relevant practices and procedures.

 

10       PURCHASING FROM DISABILITY ENTERPRISES

 

Pursuant to Part 4 of the Regulations, the City is not required to publicly invite tenders if the goods or services are to be procured from an Australian Disability Enterprise, as registered on www.ade.org.au  This is contingent on the demonstration of value for money.

 

Australian Disability Enterprises may be invited to quote for supplying goods and services under the tender threshold.  A qualitative weighting may be afforded in the evaluation of quotes and tenders to provide advantages to Australian Disability Enterprises.

 

 A complete list of approved Disability Enterprises registered in Western Australia is available at www.wade.org.au.

 

11       PURCHASING FROM ABORIGINAL BUSINESSES

 

Pursuant to Part 4 of the Regulations the City is not required to publicly invite tenders if the goods or services are to be supplied from a person registered on the Aboriginal Business Directory published by the Small Business Development Corporation, provided the expected value of the goods or services to be purchased is $250,000 or less.  This is contingent on the demonstration of value for money.

Aboriginal businesses may be invited to quote for supplying goods and services under abovementioned threshold.  A qualitative weighting may be afforded in the evaluation of quotes to provide advantages to Aboriginal owned businesses, or businesses that demonstrate a high level of aboriginal employment.

 

A complete list of persons registered on the Aboriginal Business Directory is available at  www.abdwa.com.au.

 

12       SUSTAINABLE PROCUREMENT AND CORPORATE SOCIAL RESPONSIBILITY

 

The City is committed to providing a preference to suppliers that demonstrate sustainable  business practices and high levels of corporate social responsibility (CSR).  Where appropriate, the City shall endeavour to provide an advantage to suppliers demonstrating that they minimise environmental and negative social impacts and embrace CSR.  Sustainable and CSR considerations must be balanced against value for money outcomes in accordance with the City’s sustainability objectives.

 

13       OPERATIONAL PRACTICES

 

Operational Practices, including standard documentation and more detailed information regarding procedures, may be prepared and endorsed by the Chief Executive Officer or their delegate for any action or process referred to in this City of Busselton Purchasing Policy.  Any such Operational Practices shall comply with terms of the Act, the Regulations and this Policy.

 

Policy Background

 

Policy Reference No. – 239

Owner Unit – Corporate Services

Originator – Contracts and Tendering Officer

Policy approved by – Council

Date Approved –

Review Frequency – As required

Related Documents –

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

 

History

 

Council Resolution

Date

Information

 

February 2016

Update policy in accordance with Amendments effective 01 October 2015

Version 4

C1405/123

14 May 2014

Update to Sustainable Procurement and purchases under the WALGA exemption

Version 3

C1207/196

25 July, 2012

Update to policy format, City terminology and minor editing

Version 2

C0703/069

28 March, 2007

Date of implementation of purchasing policy which replaces former Council policy 188/1 Tender Procedures.

Version 1

 

 


Council

27

9 March 2016

10.2

Attachment a

Existing Purchasing Policy

 

 

239

Purchasing

V3 Current

 

1.        PURPOSE

 

This policy provides a best practice approach to internal purchasing for the City of Busselton.  It also ensures compliance with the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996.

 

2.        SCOPE

 

This policy provides the framework for all purchasing decisions made by employees of the City of Busselton and defines the procedures that must be followed for purchasing in accordance with the value of the transaction.

 

3.        POLICY CONTENT

 

3.1      Specific Objectives

 

The objectives of the Purchasing Policy are:

*         to ensure compliance with the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996;

*         to deliver a best practice approach and procedures to internal purchasing for the City of Busselton;

*         to ensure consistency for all purchasing activity that integrates within all the City of Busselton operational areas; 

 *        to facilitate the compliance of service providers with relevant legislation (including Workers Compensation & Injury Management Act 1981, Occupational Safety & Health Act 1984, Codes of Practice, Guidelines and Australian Standards).

 

3.2      The Requirement for a Purchasing Policy

 

The City of Busselton is committed to efficient, effective, economical and sustainable procedures in all purchasing activities.  This policy:

*         provides the City of Busselton with an effective way of purchasing goods and services;

*         ensures that purchasing transactions are carried out in a fair and equitable manner;

*         strengthens integrity and confidence in the purchasing system;

*         ensures that the City of Busselton receives value for money in its purchasing;

*         ensures that the City of Busselton considers the environmental impact of the procurement process across the life cycle of goods and services;

*         ensures the City of Busselton is compliant with all regulatory obligations;

*         promotes effective governance and definition of roles and responsibilities;

*         upholds respect from the public and industry for the City of Busselton’s purchasing practices that withstands probity;

*         ensures consideration is given when purchasing, hiring or leasing in order to prevent hazards entering the workplace.

 

3.3      Ethics and Integrity

 

All employees of the City of Busselton shall observe the highest standards of ethics and integrity in undertaking purchasing activity and act in an honest and professional manner that supports the standing of the City of Busselton.

 

The following principles, standards and behaviours must be observed and enforced through all stages of the purchasing process to ensure the fair and equitable treatment of all parties:

*         full accountability shall be taken for all purchasing decisions and the efficient, effective and proper expenditure of public monies based on achieving value for money;

*         all purchasing practices shall comply with relevant legislation, regulations, and requirements consistent with the City of Busselton policies, practices and procedures, and Code of Conduct;

*         purchasing is to be undertaken on a competitive basis in which all potential suppliers are treated impartially, honestly and consistently;

*         all processes, evaluations and decisions shall be transparent, free from bias and fully documented in accordance with applicable policies, practices and procedures, and audit requirements;

*         any actual or perceived conflicts of interest are to be identified, disclosed and appropriately managed; and

*         any information provided to the City of Busselton by a supplier shall be treated as commercial-in-confidence and should not be released unless authorised by the supplier or relevant legislation.

 

3.4      Value for Money

 

Value for money is an overarching principle governing purchasing that allows the best possible outcome to be achieved for the City of Busselton.  It is important to note that compliance with the specification is more important than obtaining the lowest price, particularly taking into account user requirements, quality standards, sustainability, life cycle costing, and service benchmarks.   

 

An assessment of the best value for money outcome for any purchasing should consider:

*         all relevant whole-of-life costs and benefits; whole of life cycle costs (for goods) and whole of contract life costs (for services) including transaction costs associated with acquisition, delivery, distribution, as well as other costs such as but not limited to holding costs, consumables, deployment, maintenance and disposal; 

*         the technical merits of the goods or services being offered in terms of compliance with specifications, contractual terms and conditions and any relevant methods of assuring quality;

*         financial viability and capacity to supply without risk of default.  (Competency of the prospective suppliers in terms of managerial and technical capabilities and compliance history); 

*         a strong element of competition in the allocation of orders or the awarding of contracts. This is achieved by obtaining a sufficient number of competitive quotations wherever practicable. 

 

Where a higher priced conforming offer is recommended, there should be clear and demonstrable benefits over and above the lowest total priced, conforming offer.

 


3.5      Responsible Purchasing: Sustainable Procurement, Corporate Social Responsibility and Purchasing from WA Disability Enterprises

 

Sustainable Procurement is defined as the procurement of goods and services that have less environmental and social impacts than competing products and services. 

 

Corporate Social Responsibility in procurement is defined as purchasing which provides preference to organisations that can demonstrate compliance with ethical and regulatory standards and can demonstrate making a positive impact on the communities and markets in which they operate.

 

The City of Busselton is committed to sustainable procurement and high levels of corporate social responsibility. Where appropriate, the City of Busselton shall endeavour to design quotations and tenders to provide an advantage to goods, services and/or processes that minimise environmental and negative social impacts and embrace corporate social responsibility.  Sustainable and corporate social responsibility considerations must be balanced against value for money outcomes in accordance with the City of Busselton’s sustainability objectives.

 

Practically, sustainability and corporate social responsibility in procurement means the City of Busselton shall endeavour at all times to identify and procure products and services that:

*         have been determined as necessary;

*         demonstrate environmental best practice in energy efficiency / and or consumption which can be demonstrated through suitable rating systems and eco-labelling;

*         demonstrate environmental best practice in water efficiency;

*         are environmentally sound in manufacture, use, and disposal with a specific preference for products made using the minimum amount of raw materials from a sustainable resource, that are free of toxic or polluting materials and that consume minimal energy during the production stage;

*         can be refurbished, reused, recycled or reclaimed shall be given priority, and those that are designed for ease of recycling, re-manufacture or otherwise to minimise waste;

*         to the extent permitted under the Local Government Act 1995 and the Local Government (Functions and General) Regulations 1996, demonstrate a regard for the local economy and a supply chain that supports local business development;

*         are ethically sourced from sustainable and fair trade supply chains;

*         for motor vehicles – select vehicles featuring the highest fuel efficiency available, based on vehicle type and within the designated price range;

*         for new buildings and refurbishments – where available use renewable energy and technologies.

 

In addition, the City of Busselton is committed to inviting relevant WA Disability Enterprises to respond to a request for quotation or tender for goods or services. This is contingent on the provision of fair value and quality and the normal purchasing processes will be followed in relation to evaluation of submissions from relevant WA Disability Enterprises. A complete list of approved Disability Enterprises registered in Western Australia is available at www.wade.org.au.

 


3.6      Purchasing Thresholds

 

Where the value of procurement (excluding GST) for the value of the contract over the full contract period (including options to extend) is, or is expected to be:-

 

Amount of

Purchase

Model Policy

3.6.1

Up to $1,000

Direct purchase from suppliers requiring only one verbal quotation

3.6.2

$1,001 - $4,999

Obtain at least two verbal or written quotations

3.6.3

$5,000 - $19,999

Obtain at least two written quotations

3.6.4

$20,000 - $39,999

Obtain at least three written quotations

3.6.5

$40,000 - $99,999

Obtain at least three written quotations containing price and specification of goods and services (with procurement decision based on all value for money considerations)

3.6.6

$100,000 and above

Conduct a public tender process

 

Where it is considered beneficial, tenders may be called in lieu of seeking quotations for purchases under the $100,000 threshold (excluding GST).  If a decision is made to seek public tenders for Contracts of less than $100,000, a Request for Tender process that entails all the procedures for tendering outlined in this policy must be followed in full.

 

These purchasing thresholds also apply to all purchasing via a WALGA preferred supplier panel. See Section 3.8A for more information.

 

3.6.1          Up to $1,000

 

Where the value of procurement of goods or services does not exceed $1,000, purchase on the basis of at least one verbal quotation is permitted.  This purchasing method is suitable where the purchase is relatively small and low risk. 

3.6.2          $1,001 to $4,999

 

This category is for the procurement of goods or services where the value of such procurement ranges between $1,001 and $4,999. Where the value of procurement of goods or services does not exceed $4,999, purchase on the basis of at least two verbal or written quotations is permitted. 

 

3.6.3          $5,000 to $19,999

 

This category is for the procurement of goods or services where the value of such procurement ranges between $5,000 and $19,999.   Where the value of procurement of goods or services is within this range at least two written quotations are required.  

 

3.6.4      $20,000 to $39,999

 

For the procurement of goods or services where the value exceeds $20,000 but is less than $39,999, it is a requirement that at least three written quotations are obtained.

 


3.6.5      $40,000 to $99,999

 

For the procurement of goods or services where the value exceeds $40,000 but is less than $99,999, it is a requirement to obtain at least three written quotations containing price and a sufficient amount of information relating to the specification of goods and services being purchased.

 

For this procurement range, the selection should not be based on price alone, and it is strongly recommended to consider some of the qualitative factors such as quality, stock availability, accreditation, time for completion or delivery, warranty conditions, technology, maintenance requirements, organisation’s capability, previous relevant experience and any other relevant factors as part of the assessment of the quote. The quotations are to be evaluated by a panel with a minimum of two members with a mix of skills and experience relevant to the nature of the purchase.

 

3.6.6      $100,000+

 

For the procurement of goods or services where the value exceeds $100,000, it is a requirement to follow a public tender process, the requirements for which are replicated at Section 3.8 of this policy, unless an exception in Section 3.8.1 applies and this policy is otherwise followed in relation to the procurement of the goods and services.

 

3.7      Procurement Principles

 

3.7.1      General principles for obtaining quotations

 

Verbal Quotations

 

The general principles for obtaining verbal quotations are:

*         ensure that the requirement / specification is clearly understood by the employee seeking the verbal quotations;

*         ensure that the requirement is clearly, accurately and consistently communicated to each of the suppliers being invited to quote;

*         read back the details to the Supplier contact person to confirm their accuracy;

*         written notes detailing each verbal quotation must be recorded.

 

Written Quotations

 

The general principles relating to written quotations are;

*         an appropriately detailed specification should communicate requirement(s) in a clear, concise and logical fashion;

*         the request for written quotation should include as a minimum:

-          Written Specification

-          Selection Criteria to be applied

-          Price Schedule

-          Conditions of responding

-          Validity period of offer

*         invitations to quote should be issued simultaneously to ensure that all parties receive an equal opportunity to respond;

*         offer to all prospective suppliers at the same time any new information that is likely to change the requirements.

*         responses should be assessed for compliance, then against the selection criteria, and then value for money and all evaluations documented;

*         respondents should be advised in writing as soon as possible after the final determination is made and approved.

 

3.7.2      Waiver of requirements

 

The Chief Executive Officer may, at his discretion, waive the requirements to obtain the number or nature of quotations set out in 3.6.2, 3.6.3, 3.6.4 or 3.6.5 providing that written, justifiable reasons for such waiver (example being a limited number of suppliers) are provided by the officer responsible, and file noted accordingly. 

 

3.7.3      Record-keeping and audit

 

Records that enable the purchasing decision process to be audited must be maintained in accordance with relevant practices and procedures of the City of Busselton.

 

3.7.4  Due diligence

 

The responsible employee is expected to demonstrate due diligence in seeking quotations and may determine that the process outlined for a higher transaction value may be appropriate to a purchase despite it being of a lower value.  Commonly a sufficient number of quotes would be sought according to the type and nature of purchase, not purely its value.  The value dictates the minimum requirements for the purchase. In addition, it is recommended to use professional discretion and occasionally undertake market testing with a greater number or more formal forms of quotation to ensure best value is maintained.

 

3.8      Regulatory Compliance

 

For the sake of completeness, this policy section includes detail on the requirements of the Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 for the public tender process.  As these may change from time to time, it is the responsibility of the employee to inform themselves of the requirements of the Act and Regulations when conducting a tender process and not rely on this policy alone.

 

3.8.1          Tender exemption

 

In the following instances public tenders are not required (regardless of the value of expenditure): 

*         an emergency situation as defined by the Local Government Act 1995;

*         the purchase is under a contract of WALGA (Preferred Supplier Arrangements), Department of Treasury and Finance (permitted Common Use Arrangements), Regional Council, or another Local Government – see section 3.8A for more information;

*         the purchase is under auction which has been authorised by Council;

*         the contract is for petrol, oil, or other liquid or gas used for internal combustion engines;

*         any of the other exclusions under Regulation 11 of the Functions and General Regulations apply.

 


3.8.2          Sole source of supply (monopoly suppliers)

 

The procurement of goods and/or services available from only one private sector source of supply, (i.e. manufacturer, supplier or agency) is permitted without the need to call competitive quotations provided that there must genuinely be only one source of supply.  Every endeavour to find alternative sources must be made.  Written confirmation of this must be kept on file for later audit. 

 

3.8.3          Anti-Avoidance

 

The City of Busselton shall not enter two or more contracts of a similar nature for the purpose of splitting the value of the contracts to take the value of consideration below the level of $100,000, thereby avoiding the need to publicly tender. 

 

3.8.4          Tender Criteria

 

The City of Busselton shall, before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted.  Approved tenders will be allocated a Tender Number, which shall be recorded in the City of Busselton’s Tender Register.

 

The evaluation panel must contain a minimum of three members and shall be established prior to the advertising of a tender.  Its members shall have a mix of skills and experience relevant to the nature of the purchase. 

 

3.8.5          Advertising Tenders

 

Tenders are to be advertised in a state wide publication.  The tender must remain open for at least 14 days after the date the tender is advertised.  Care must be taken to ensure that 14 full days are provided as a minimum.

 

The notice must include;

*         a brief description of the goods or services required;

*         information as to where and how tenders may be submitted; 

*         the date and time after which tenders cannot be submitted; 

*         particulars identifying a person from who more detailed information as to tendering may be obtained.  Detailed information shall include;

-          such information as the local government decides should be disclosed to those interested in submitting a tender;

-          detailed specifications of the goods or services required;

-          the criteria for deciding which tender should be accepted;

-          whether or not the local government has decided to submit a tender; and

-          whether or not tenders can be submitted by facsimile or other electronic means, and if so, how tenders may so be submitted. 

 

3.8.6          Issuing Tender Documentation

 

A written record will be kept of the details of all persons to whom tender documentation is supplied. Any clarification, addendum or further communication required prior to the close of tenders, is to be given to all potential tenderers who have been supplied tender documentation by the City of Busselton. 

 

3.8.7          Tender Deadline

 

A tender that is not received in full in the required format by the advertised Tender Deadline shall be rejected. 

 

3.8.8          Opening of Tenders

 

A lockable Tender Box is to be kept by the City of Busselton and all tenders received by the City of Busselton, prior to the advertised closing of tenders, are to be placed in the Tender Box.  No tenders are to be removed from the Tender Box, or opened (read or evaluated) prior to the Tender Deadline.

 

Tenders are to be opened in the presence of the Chief Executive Officer’s delegated nominee and at least one other City of Busselton Officer.  The details of all tenders received and opened shall be recorded in the Tender Register.  

 

Tenders are to be opened in accordance with the advertised time and place. There is no obligation to disclose or record tendered prices at the tender opening, and price information should be regarded as commercial-in-confidence to the Local Government. Members of the public are entitled to be present.

 

3.8.9          No Tenders Received

 

Where the City of Busselton has invited tenders, however no compliant submissions have been received, direct purchases can be arranged on the basis of the following:

*         a sufficient number of quotations are obtained;

*         the process follows the guidelines for seeking quotations between $40,000 & $99,999;

*         the specification for goods and/or services remains unchanged;

*         purchasing is arranged within 6 months of the closing date of the lapsed tender.

 

3.8.10       Tender Evaluation

 

Tenders that have not been rejected shall be assessed by means of a written evaluation against the pre-determined criteria.  The tender evaluation panel shall assess each tender that has not been rejected to determine which tender is most advantageous.

 

3.8.11       Addendum to Tender

 

If, after the tender has been publicly advertised, any changes, variations or adjustments to the tender document and/or the conditions of tender are required, the City of Busselton may vary the initial information by taking reasonable steps to give each person who has sought copies of the tender documents notice of the variation.

 

3.8.12       Minor Variation

 

If after the tender has been publicly advertised and a successful tenderer has been chosen, but before the City of Busselton and tenderer have entered into a contract, a minor variation may be made by the Local Government.  A minor variation will not alter the nature of the goods and/or services procured, nor will it materially alter the specification or structure provided for by the initial tender.

 

3.8.13       Notification of Outcome

 

Each tenderer shall be notified of the outcome of the tender following Council resolution.  Notification shall include:

*         The name of the successful tenderer;

*         The total value of consideration of the winning offer.

The details and total value of consideration for the winning offer must also be entered into the Tenders Register at the conclusion of the tender process.

 

3.8.14        Records Management

 

All records associated with the tender process or a direct purchase process must be recorded and retained in accordance with the applicable operational practice. 

 

3.8A       Using a WALGA preferred supplier panel

 

WALGA has a number of panels of pre-qualified suppliers. Using these panels alleviates some of the due diligence and documentation that the City of Busselton would otherwise prepare for a request for quotation or request for tender, however, in all other respects purchasing via WALGA’s preferred supplier panels must comply with this purchasing policy.

 

The City of Busselton can make purchases from suppliers on a WALGA preferred supplier panel:

*         for purchases over $100,000 in reliance on the exemption to the requirement for a public tender; and

*         for purchases up to $99,999,

provided that, in all cases:

*         the request for quotation is made via WALGA’s eQuotes system;

*         the purchasing thresholds in Section 3.6 are observed in relation to numbers of and types of quotation sought;

*         this purchasing policy is otherwise followed, in particular the principles of ethics and integrity and best value for money in Sections 3.4 and 3.5.

 

WALGA terms and conditions are available for use in connection with requests for quotation via eQuotes, however consideration must be given to whether such terms and conditions are appropriate for the contract.

 

3.8B   Tender Panels

 

If the City of Busselton has appointed a panel of suppliers under a tender process,  where appropriate this purchasing policy, in particular the purchasing thresholds, principles of ethics and integrity and best value for money in Sections 3.4 to 3.6, should be followed when purchasing goods and services from member of the appointed tender panel.

 

3.9      Operational Practices

 

Operational Practices, including standard documentation and more detailed information recording procedures, may be prepared and endorsed by the CEO or his/her delegate for any action or process referred to in this City of Busselton Purchasing Policy.  Any such Operational Practices shall comply with terms of the Local Government Act 1995, the Local Government (Functions and General) Regulations 1996, and this Policy.

Policy Background

 

Policy Reference No. – 239

Owner Unit – Corporate Services

Originator – Contracts and Tendering Officer

Policy approved by – Council

Date Approved – 14 May, 2014

Review Frequency – As required

Related Documents –

Local Government Act 1995

Local Government (Functions and General) Regulations 1996

 

History

 

Council Resolution

Date

Information

C1405/123

14 May, 2014

Update to Sustainable Procurement and purchases under the WALGA exemption

Version 3

C1207/196

25 July, 2012

Update to policy format, City terminology and minor editing

Version 2

C0703/069

28 March, 2007

Date of implementation of purchasing policy which replaces former Council policy 188/1 Tender Procedures.

Version 1

 


Council

37

9 March 2016

10.2

Attachment b

WALGA Model Purchasing Policy

 

Model Purchasing Policy

WALGA Note:  This document has been prepared by WALGA as a guide for local government authorities to consider when creating or amending a purchasing policy to comply with Regulation 11A and 24AC of the Local Government (Functions and General) Regulations 1996.

 

Items in yellow highlight are for the local government to review in determining its own purchasing policy requirements.  The text in blue boxes are for notation purposes only and must be deleted if a policy is to be created from this template.

 

Local Governments may elect to create a separate policy for the creation and management of panels of pre-qualified suppliers instead of such provisions being represented in a Purchasing Policy.

1     POLICY

The Shire/Town/City of [Insert Name of Local Government] (the “Shire/Town/City”) is committed to delivering best practice in the purchasing of goods, services and works that align with the principles of transparency, probity and good governance and complies with the Local Government Act 1995 (the “Act”) and Part 4 of the Local Government (Functions and General) Regulations 1996, (the “Regulations”)  Procurement processes and practices to be complied with are defined within this Policy and the Shire/Town/City’s prescribed procurement procedures.

2     OBJECTIVES

The objectives of this Policy are to ensure that all purchasing activities:

·   demonstrate that best value for money is attained for the Shire/Town/City;

·   are compliant with relevant legislations, including the Act and Regulations;

·   are recorded in compliance with the State Records Act 2000 and associated records management practices and procedures of the Shire/Town/City;

·   mitigate probity risk, by establishing consistent and demonstrated processes that promotes openness, transparency, fairness and equity to all potential suppliers;

·   ensure that the sustainable benefits, such as environmental, social and local economic factors are considered in the overall value for money assessment; and

·   are conducted in a consistent and efficient manner across the Shire/Town/City and that ethical decision making is demonstrated.

3     ETHICS & INTEGRITY

3.1    Code of Conduct

All officers and employees of the Shire/Town/City undertaking purchasing activities must have regard for the Code of Conduct requirements and shall observe the highest standards of ethics and integrity.  All officers and employees of the Shire/Town/City must act in an honest and professional manner at all times which supports the standing of the Shire/Town/City.

3.2    Purchasing Principles

The following principles, standards and behaviours must be observed and enforced through all stages of the purchasing process to ensure the fair and equitable treatment of all parties:

·   full accountability shall be taken for all purchasing decisions and the efficient, effective and proper expenditure of public monies based on achieving value for money;

·   all purchasing practices shall comply with relevant legislation, regulations, and requirements consistent with the Shire/Town/City’s policies and Code of Conduct;

·   purchasing is to be undertaken on a competitive basis where all potential suppliers are treated impartially, honestly and consistently;

·   all processes, evaluations and decisions shall be transparent, free from bias and fully documented in accordance with applicable policies, audit requirements and relevant legislation;

·   any actual or perceived conflicts of interest are to be identified, disclosed and appropriately managed; and

·   any information provided to the Shire/Town/City’s by a supplier shall be treated as commercial-in-confidence and should not be released unless authorised by the supplier or relevant legislation.

4     VALUE FOR MONEY

4.1    Policy

Value for money is determined when the consideration of price, risk and qualitative factors that are assessed to determine the most advantageous outcome to be achieved for the Shire/Town/City.

As such, purchasing decisions must be made with greater consideration than obtaining lowest price, but also to incorporate qualitative and risk factors into the decision.

4.2    Application

An assessment of the best value for money outcome for any purchasing process should consider:

·   all relevant Total Costs of Ownership (TCO) and benefits including transaction costs associated with acquisition, delivery, distribution, as well as other costs such as but not limited to holding costs, consumables, deployment, maintenance and disposal;

·   the technical merits of the goods or services being offered in terms of compliance with specifications, contractual terms and conditions and any relevant methods of assuring quality, including but not limited to an assessment of levels and currency of compliances, value adds offered, warranties, guarantees, repair and replacement policies, ease of inspection, ease of after sales service, ease of communications etc.

·   financial viability and capacity to supply without risk of default (competency of the prospective suppliers in terms of managerial and technical capabilities and compliance history);

·   a strong element of competition in the allocation of orders or the awarding of contracts. This is achieved by obtaining a sufficient number of competitive quotations wherever practicable;

·   the safety requirements associated with both the product design and specification offered by suppliers and the evaluation of risk when considering purchasing goods and services from suppliers;

·   purchasing of goods and services from suppliers that demonstrate sustainable benefits and good corporate social responsibility; and

·   providing opportunities for businesses within the Shire/Town/City’s boundaries to be given the opportunity to quote for providing goods and services wherever possible.

5     PURCHASING REQUIREMENTS

5.1    Legislative / Regulatory Requirements

The requirements that must be complied with by the Shire/Town/City, including purchasing thresholds and processes, are prescribed within the Regulations, this Policy and associated purchasing procedures in effect at the Shire/Town/City.

5.2    Policy

Purchasing that is $150,000 or below in total value (excluding GST) must be in accordance with the purchasing requirements under the relevant threshold as defined under section 5.5 of this Purchasing Policy.

Purchasing that exceeds $150,000 in total value (excluding GST) must be put to public Tender when it is determined that a regulatory Tender exemption, as stated under 0 of this Policy is not deemed to be suitable.

5.3    Purchasing Value Definition

Determining purchasing value is to be based on the following considerations:

1.   Exclusive of Goods and Services Tax (GST);

2.   The actual or expected value of a contract over the full contract period, including all options to extend; or the extent to which it could be reasonably expected that the Shire/Town/City will continue to purchase a particular category of goods, services or works and what total value is or could be reasonably expected to be purchased.  A best practice suggestion is that if a purchasing threshold is reached within three years for a particular category of goods, services or works, then the purchasing requirement under the relevant threshold (including the tender threshold) must apply.

3.   Must incorporate any variation to the scope of the purchase and be limited to a 10% tolerance of the original purchasing value. 

5.4    Purchasing from Existing Contracts

Where the Shire/Town/City has an existing contract in place, it must ensure that goods and services required are purchased under these contracts to the extent that the scope of the contract allows.  When planning the purchase, the Shire/Town/City must consult its Contracts Register in the first instance before seeking to obtain quotes and tenders on its own accord.

5.5    Purchasing Thresholds

The table below prescribes the purchasing process that the Shire/Town/City must follow, based on the purchase value:

WALGA Note:  The local government may determine its own purchasing thresholds and establish its own purchasing requirements in the table below.  The values are provided as a guide only, however are generally representative of the local governments requirements.

 

Purchase Value Threshold

Purchasing Requirement

Up to $5,000

Purchase directly from a supplier using a Purchasing or Corporate Credit Card issued by the Shire/Town/City, or obtain at least one (1) oral or written quotation from a suitable supplier, either from:

·   an existing panel of pre-qualified suppliers administered by the Shire/Town/City; or

·   a pre-qualified supplier on the WALGA Preferred Supply Program or State Government Common Use Arrangement (CUA); or

·   from the open market.

Over $5,000 and up to  $50,000

Obtain at least three (3) written quotations from suppliers following a brief outlining the specified requirement, either from:

·   an existing panel of pre-qualified suppliers administered by the Shire/Town/City; or

·   a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·   from the open market.

Over $50,000 and up to  $150,000

Obtain at least three (3) written quotations from suppliers by formal invitation under a Request for Quotation, containing price and detailed specification of goods and services required.  The procurement decision is to be based on pre-determined evaluation criteria that assesses all value for money considerations in accordance with the definition stated within this Policy.

Quotations within this threshold may be obtained from:

·    an existing panel of pre-qualified suppliers administered by the Shire/Town/City; or

·    a pre-qualified supplier on the WALGA Preferred Supply Program or State Government CUA; or

·    from the open market.

Requests for quotation from a pre-qualified panel of suppliers (whether administered by the Shire/Town/City through the WALGA preferred supply program or State Government CUA) are not required to be invited using a Request for Quotation form, however at least three written quotes are still required to be obtained.

Over $150,000

Where the purchasing requirement is not suitable to be met through a panel of pre-qualified suppliers, or any other tender-exempt arrangement as listed under section 0 of this Policy, conduct a public Request for Tender process in accordance with Part 4 of the Local Government (Functions and General) Regulations 1996, this policy and the Shire/Town/City’s tender procedures.  The procurement decision is to be based on pre-determined evaluation criteria that assesses all value for money considerations in accordance with the definition stated within this Policy.

 

5.6    Tendering Exemptions

An exemption to publicly invite tenders may apply in the following instances:

·   the purchase is obtained from a pre-qualified supplier under the WALGA Preferred Supply Program or State Government Common Use Arrangement.

·   the purchase is from a Regional Local Government or another Local Government;

·   the purchase is acquired from a person registered on the WA Aboriginal Business Directory, as published by the Small Business Development Corporation, where the consideration under contract is worth $250,000 or less and represents value for money;

·   the purchase is acquired from an Australian Disability Enterprise and represents value for money;

·   the purchase is from a pre-qualified supplier under a Panel established by the Shire/Town/City; or

·   any of the other exclusions under Regulation 11 of the Regulations apply.

 

WALGA Note:  When making a decision about whether to conduct a public Tender or utilise a Tender exempt arrangement, the Local Government should compare the cost and benefits of both processes. 

 

The compliance requirements, time constraints, costs and risks associated with a public Tender should be evaluated against the value delivered by such a process.  This should then be compared with the costs and benefits of using a Tender exempt arrangement which include direct access to pre-qualified suppliers, full regulatory compliance, risk mitigation, administrative efficiencies and cost savings.

5.7    Inviting Tenders Under the Tender Threshold

Where considered appropriate and beneficial, the Shire/Town/City may consider publicly advertising Tenders in lieu of undertaking a Request for Quotation for purchases under the tender threshold.  This decision should be made after considering the benefits of this approach in comparison with the costs, risks, timeliness and compliance requirements and also whether the purchasing requirement can be met through the WALGA Preferred Supply Program or State Government CUA.

If a decision is made to undertake a public Tender for contracts expected to be $150,000 or less in value, the Shire/Town/City’s tendering procedures must be followed in full.

5.8    Sole Source of Supply

Where the purchasing requirement is over the value of $5,000 and of a unique nature that can only be supplied from one supplier, the purchase is permitted without undertaking a tender or quotation process.  This is only permitted in circumstances where the Shire/Town/City is satisfied and can evidence that there is only one source of supply for those goods, services or works. The Shire/Town/City must use its best endeavours to determine if the sole source of supply is genuine by exploring if there are any alternative sources of supply.  Once determined, the justification must be endorsed by the Chief Executive Officer / Director / Executive Manager, prior to a contract being entered into.

From time to time, the Shire/Town/City may publicly invite an expression of interest to effectively determine that one sole source of supply still genuinely exists.

5.9    Anti-Avoidance

The Shire/Town/City shall not enter into two or more contracts or create multiple purchase order transactions of a similar nature for the purpose of "splitting" the value of the purchase or contract to take the value of the consideration of the purchase below a particular purchasing threshold, particularly in relation to Tenders and to avoid the need to call a public Tender.

5.10  Emergency Purchases

An emergency purchase is defined as an unanticipated and unbudgeted purchase which is required in response to an emergency situation as provided for in the Local Government Act 1995.  In such instances, quotes and tenders are not required to be obtained prior to the purchase being undertaken.

An emergency purchase does not relate to purchases not planned for due to time constraints.  Every effort must be made to anticipate purchases required by the Shire/Town/City in advance and to allow sufficient time to obtain quotes and tenders, whichever may apply.

6     RECORDS MANAGEMENT

Records of all purchasing activity must be retained in compliance with the State Records Act 2000 (WA), the Shire/Town/City’s Records Management Policy and associated procurement procedures.

For each procurement activity, such documents may include:

·   The Procurement initiation document such as a procurement business case which justifies the need for a contract to be created (where applicable);

·   Procurement Planning and approval documentation which describes how the procurement is to be undertaken to create and manage the contract;

·   Request for Quotation/Tender documentation;

·   Copy of public advertisement inviting tenders, or the notice of private invitation (whichever is applicable);

·   Copies of quotes/tenders received;

·   Evaluation documentation, including individual evaluators note and clarifications sought;

·   Negotiation documents such as negotiation plans and negotiation logs;

·   Approval of award documentation;

·   All correspondence to respondents notifying of the outcome to award a contract;

·   Contract Management Plans which describes how the contract will be managed; and

·   Copies of contract(s) with supplier(s) formed from the procurement process.

 

7     SUSTAINABLE PROCUREMENT AND CORPORATE SOCIAL RESPONSIBILITY

The Shire/Town/City is committed to providing a preference to suppliers that demonstrate sustainable business practices and high levels of corporate social responsibility (CSR).  Where appropriate, the Shire/Town/City shall endeavour to provide an advantage to suppliers demonstrating that they minimise environmental and negative social impacts and embrace CSR.  Sustainable and CSR considerations must be balanced against value for money outcomes in accordance with the Shire/Town/City’s sustainability objectives.

8     BUY LOCAL POLICY

As much as practicable, the Shire/Town/City must:

·   where appropriate, consider buying practices, procedures and specifications that do not unfairly disadvantage local businesses;

·   consider indirect benefits that have flow on benefits for local suppliers (i.e. servicing and support);

·   ensure that procurement plans address local business capability and local content;

·   explore the capability of local businesses to meet requirements and ensure that Requests for Quotation and Tenders are designed to accommodate the capabilities of local businesses;

·   avoid bias in the design and specifications for Requests for Quotation and Tenders – all Requests must be structured to encourage local businesses to bid; and

·   provide adequate and consistent information to potential suppliers.

 

To this extent, a qualitative weighting may be afforded in the evaluation of quotes and tenders where suppliers are located within the boundaries of the Shire/Town/City, or substantially demonstrate a benefit or contribution to the local economy.

WALGA Note:  Insert the following clause if the local government is located outside the Perth metropolitan area and has adopted its own Regional Price Preference Policy, in accordance with Part 4A of the Local Government (Functions and General) Regulations 1996.  Otherwise, delete the clause.

 

A regional price preference may be afforded to locally based businesses for the purposes of assessment.  Provisions are detailed within the Shire/Town’s Regional Price Preference Policy.

9     PURCHASING FROM DISABILITY ENTERPRISES

WALGA Note:  Regulation 11(i) provides a tender exemption if the goods or services are supplied by an Australian Disability Enterprise.

 

WALGA recommends testing of quotations received against other suppliers (which may include other Australian Disability Enterprises) to determine overall value for money for the local government.

 

Pursuant to Part 4 of the Local Government (Functions and General) Regulations 1996, the Shire/Town/City is not required to publicly invite tenders if the goods or services are to be supplied from an Australian Disability Enterprise, as registered on www.ade.org.au.  This is contingent on the demonstration of value for money.

Where possible, Australian Disability Enterprises are to be invited to quote for supplying goods and services under the tender threshold.  A qualitative weighting may be afforded in the evaluation of quotes and tenders to provide advantages to Australian Disability Enterprises.

10   PURCHASING FROM ABORIGINAL BUSINESSES

WALGA Note:  Regulation 11(h) provides a tender exemption if the goods or services are supplied by a person registered on the Aboriginal Business Directory WA, where the consideration under contract is, or expected to be under $250,000.

 

WALGA recommends testing of quotations received against other suppliers (which may include other Aboriginal businesses) to determine overall value for money for the local government.

A further qualitative weighting (as determined by the local government) may be afforded where non-Aboriginal businesses demonstrate a well-established Aboriginal engagement strategy.

 

Pursuant to Part 4 of the Local Government (Functions and General) Regulations 1996, the Shire/Town/City is not required to publicly invite tenders if the goods or services are to be supplied from a person registered on the Aboriginal Business Directory published by the Small Business Development Corporation on www.abdwa.com.au, where the expected consideration under contract is worth $250,000 or less.  This is contingent on the demonstration of value for money.

Where possible, Aboriginal businesses are to be invited to quote for supplying goods and services under the tender threshold.  A qualitative weighting may be afforded in the evaluation of quotes and tenders to provide advantages to Aboriginal owned businesses, or businesses that demonstrate a high level of aboriginal employment.

 

11   PANELS OF PRE-QUALIFIED SUPPLIERS

WALGA Note:  If the local government has intent to establish and manage panels of pre-qualified suppliers, it must do so in accordance with Division 3 Part 4 of the Local Government (Functions and General) Regulations 1996, through the creation of a written policy permitting the local government to do so. 

 

The local government may create a separate policy with respect to panels of pre-qualified suppliers, or define the policy within its existing Purchasing Policy.

11.1  Policy Objectives

In accordance with Regulation 24AC of the Local Government (Functions and General) Regulations 1996, a Panel of Pre-qualified Suppliers (“Panel”) may be created where most of the following factors apply:

·   the Shire/Town/City determines that a range of similar goods and services are required to be purchased on a continuing and regular basis;

·   there are numerous potential suppliers in the local and regional procurement-related market sector(s) that satisfy the test of ‘value for money’;

·   the purchasing activity under the intended Panel is assessed as being of a low to medium risk;

·   the Panel will streamline and will improve procurement processes; and

·   the Shire/Town/City has the capability to establish, manage the risks and achieve the benefits expected of the proposed Panel.

The Shire/Town/City will endeavour to ensure that Panels will not be created unless most of the above factors are firmly and quantifiably established.

11.2  Establishing a Panel

Should the Shire/Town/City determine that a Panel is beneficial to be created, it must do so in accordance with Part 4, Division 3 the Local Government (Functions and General) Regulations 1996.

Panels may be established for one supply requirement, or a number of similar supply requirements under defined categories within the Panel.

Panels may be established for a minimum of two (2) years and for a maximum length of time deemed appropriate by the Shire/Town/City.

Evaluation criteria must be determined and communicated in the application process by which applications will be assessed and accepted.

Where a Panel is to be established, the Shire/Town/City will endeavour to appoint at least three (3) suppliers to each category, on the basis that best value for money is demonstrated.  Where less than three (3) suppliers are appointed to each category within the Panel, the category is not to be established.

In each invitation to apply to become a pre-qualified supplier (through a procurement process advertised through a state-wide notice), the Shire/Town/City must state the expected number of suppliers it intends to put on the panel.

Should a Panel member leave the Panel, they may be replaced by the next ranked Panel member determined in the value for money assessment should the supplier agree to do so, with this intention to be disclosed in the detailed information set out under Regulation 24AD(5)(d) and (e) when establishing the Panel.

11.3  Distributing Work Amongst Panel Members

WALGA Note:  The local government is to establish the requirements before establishing panels of pre-qualified suppliers, including factors to take into account when distributing work among pre-qualified suppliers (Regulation 24AC(d))

 

To satisfy Regulation 24AD(5) of the Regulations, when establishing a Panel of pre-qualified suppliers, the detailed information associated with each invitation to apply to join the Panel must either prescribe whether the Shire/Town/City intends to:

i.    Obtain quotations from each pre-qualified supplier on the Panel with respect to all purchases, in accordance with Clause 11.4; or

ii.    Purchase goods and services exclusively from any pre-qualified supplier appointed to that Panel, and under what circumstances; or

iii.   Develop a ranking system for selection to the Panel, with work awarded in accordance with Clause 11.3(b).

In considering the distribution of work among Panel members, the detailed information must also prescribe whether:

a)   each Panel member will have the opportunity to bid for each item of work under the Panel, with pre-determined evaluation criteria forming part of the invitation to quote to assess the suitability of the supplier for particular items of work.  Contracts under the pre-qualified panel will be awarded on the basis of value for money in every instance; or

b)   work will be awarded on a ranked basis, which is to be stipulated in the detailed information set out under Regulation 24AD(5)(f) when establishing the Panel. The Shire/Town/City is to invite the highest ranked Panel member, who is to give written notice as to whether to accept the offer for the work to be undertaken.  Should the offer be declined, an invitation to the next ranked Panel member is to be made and so forth until a Panel member accepts a Contract. Should the list of Panel members invited be exhausted with no Panel member accepting the offer to provide goods/services under the Panel, the Shire/Town/City may then invite suppliers that are not pre-qualified under the Panel, in accordance with the Purchasing Thresholds stated in section 5.5 of this Policy.  When a ranking system is established, the Panel must not operate for a period exceeding 12 months.

In every instance, a contract must not be formed with a pre-qualified supplier for an item of work beyond 12 months, which includes options to extend the contract.

11.4  Purchasing from the Panel

The invitation to apply to be considered to join a panel of pre-qualified suppliers must state whether quotations are either to be invited to every member (within each category, if applicable) of the Panel for each purchasing requirement, whether a ranking system is to be established, or otherwise.

WALGA Note:  Insert the following clause if the Local Government has upgraded its eQuotes license, or adopted any other electronic quotation facility, to enable the ability to create and manage its own local panels and facilitate communications with pre-qualified suppliers.

 

Each quotation process, including the invitation to quote, communications with panel members, quotations received, evaluation of quotes and notification of award communications must all be made through eQuotes, or any other electronic quotation facility.

WALGA Note:  Insert the following clause if the Local Government has not elected to upgrade its eQuotes licence, or has not adopted an electronic quotation facility.

 

Each quotation process, including the invitation to quote, communications with panel members, quotations received, evaluation of quotes and notification of award communications must all be captured on the Shire/Town/City’s electronic records system.  A separate file is to be maintained for each quotation process made under each Panel that captures all communications between the Shire/Town/City and Panel members.

11.5  Recordkeeping

WALGA Note: The recording and retaining of written information is required under Regulation 24AC of the Regulations, which prescribes that information is to include all quotations received and all purchases made from pre-qualified suppliers.

 

Records of all communications with Panel members, with respect to the quotation process and all subsequent purchases made through the Panel, must be kept.

For the creation of a Panel, this includes:

·   The Procurement initiation document such as a procurement business case which justifies the need for a Panel to be created;

·   Procurement Planning and approval documentation which describes how the procurement is to be undertaken to create and manage the Panel;

·   Request for Applications documentation;

·   Copy of public advertisement inviting applications;

·   Copies of applications received;

·   Evaluation documentation, including clarifications sought;

·   Negotiation documents such as negotiation plans and negotiation logs;

·   Approval of award documentation;

·   All correspondence to applicants notifying of the establishment and composition of the Panel such as award letters;

·   Contract Management Plans which describes how the contract will be managed; and

·   Copies of framework agreements entered into with pre-qualified suppliers.

 

The Shire/Town/City is also to retain itemised records of all requests for quotation, including quotations received from pre-qualified suppliers and contracts awarded to Panel members.  A unique reference number shall be applied to all records relating to each quotation process, which is to also be quoted on each purchase order issued under the Contract.

Information with regards to the Panel offerings, including details of suppliers appointed to the Panel, must be kept up to date, consistent and made available for access by all officers and employees of the Shire/Town/City.

12   ADOPTION

Adoption of this Purchasing Policy was endorsed by the Shire/Town/City by:

 

Date

Signature

 

CEO

 

 

 

 

Mayor/President

 

 

 

Policy/Procedure Links:

 

Policy Number

Reference

Records Management Policy

 

 

Regional Price Preference Policy

 

 

Procurement Procedures

 

 

 


Council                                                                                      49                                                                     9 March 2016

10.3           Policy and Legislation Committee - 18/02/2016 - REVIEW OF APPLICATIONS FOR EXPLORATION OR MINING/EXTRACTION LICENSES FOR COAL WITHIN THE CITY OF BUSSELTON

SUBJECT INDEX:

Policy Development

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Governance Services

ACTIVITY UNIT:

Governance Services

REPORTING OFFICER:

Manager, Governance Services - Lynley Rich

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Existing Policy Relating to Applications for Exploration or Mining/Extraction Licenses for Coal Within the City of Busselton  

 

This item was considered by the Policy and Legislation Committee at its meeting on 18 February 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

The Council has had a policy in place since February 2012 setting out an approach to guide the City’s response to applications for exploration and mining licenses for coal wholly or partially within the District of the City of Busselton.  This review has been proposed through the Policy and Legislation Committee on the basis that a Councillor was seeking to move a notice of motion to review the policy, however, as the process of review is established through the Committee, the notice of motion process was deemed to not be required. 

 

Recently, a presenter at a Council meeting requested the Council to consider extending the provisions of its policy to include conventional gas mining and the Mayor indicated in response that policies are reviewed through the Policy and Legislation Committee and that this could be considered through this Committee.

 

This report is presented to enable the Committee to make a recommendation to Council as to whether any changes to the policy are required.  It is the recommendation of officers that if the Council deems there is sufficient concern to warrant consideration of a policy relating to conventional gas that the Council seek briefings and/or further information from relevant sources before determining whether it should extend the current coal related policy to conventional gas, adopt a separate but similar policy or to remain policy neutral.  No changes are recommended to the policy at this time.

 

BACKGROUND

 

A representative of Gas Free South West WA through public question time at a Council meeting on 27 January, 2016 requested Council’s consideration of extending its existing policy relating to coal mining to include conventional gas mining. 

 

The development of the Council’s policy position relating to coal mining occurred in 2011 in consultation with the Shire of Augusta-Margaret River through the established CapeROC partnership in response to applications for coal exploration licenses that were occurring at the time and significant community concern relating to the potential for coal mining or coal seam gas extraction to occur in the District. 

 

At its meeting on 22 February 2012, the Council adopted a position of opposing the mining of coal (at mining application stage), on the basis of concerns about its potential impacts on groundwater and surface water quality and quantity, conflict with existing land uses such as tourism, recreation, agriculture and viticulture, and the potential for coal mining to impact on the character, attraction and quality of life of the region.

 

The Council also supported continued lobbying of the Minister for Mines and Petroleum and other relevant Parliamentarians against the granting of exploration licences for coal resources in the district of the City of Busselton and neighbouring Shire of Augusta-Margaret River on the basis that the City of Busselton opposes coal mining for the reasons in its policy, and an exploration licence may eventuate in a coal mining license.  The policy was adopted in its current form (attached).

 

STATUTORY ENVIRONMENT

 

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

 

While the exact approvals required for conventional gas mining would vary depending upon the activity being undertaken, it is most likely that approval for a gas well would be required under the Petroleum and Geothermal Energy Resources Act 1967 and regulations associated with that Act.  All approvals under that legislation are dealt with at a State Government level.

 

RELEVANT PLANS AND POLICIES

 

Council policy 043 currently applies to a process to guide the City’s response to applications for coal related mining activity wholly or partially within the District of the City of Busselton.  The Council has been requested to consider extending the application of this policy to include conventional gas mining.

 

FINANCIAL IMPLICATIONS

 

Not applicable with regard to the review of the policy, while noting that any decision to actively oppose conventional gas mining generally or applications specifically may have resourcing implications. 

 

Long-term Financial Plan Implications

 

NA.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter relates to responsible, ethical and accountable decision-making.    

 

RISK ASSESSMENT

 

Not required.

 

CONSULTATION

 

It is recommended that if the Council seeks to consider a policy position relating to conventional gas mining that it be undertaken in consultation with relevant stakeholders.

 

OFFICER COMMENT

 

As identified in this report, the City currently has an established position relating to coal and coal seam gas including having requested consideration of amendments to legislation, planning frameworks and planning policies as well as a position to lodge objections relating to coal mining applications and require Council consideration of any coal seam gas application or notification.  This was in response to a specific application at the time that caused significant community concern.

 

It must be noted that in relation to mining applications all approvals are dealt with at a State Government level. Depending upon the circumstances surrounding the application, there may not even be a requirement for the City to be consulted before an approval is issued.

 

The Council has been requested to consider whether the same concerns exist in relation to the mining of conventional gas, and if so, to consider what changes can be implemented to the existing policy provisions.  It is recommended that if the Council seeks to consider policy changes that it first seek to consult with relevant stakeholders before proposing such changes to enable an informed decision to be made.

 

CONCLUSION

 

If the Council seeks to make any policy changes it is recommended that the Council obtain additional information as to the risks pertaining to conventional gas mining specifically before proceeding.  However, this report relates to matters that are ultimately within the control of the State Government.  No changes to the policy are recommended.

 

OPTIONS

 

The Council may be of the view that it currently has sufficient concerns to amend the current policy. 

 

The Council may be of the view that it needs more information to determine whether there are sufficient concerns relating to conventional gas extraction before considering a policy position on this matter.  If this is the case, it is recommended that other stakeholders be consulted before any policy changes are considered.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Immediately upon consideration by Council.

 

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.    Does not make any changes to its policy position articulated in Council policy 043 at this time for the reasons outlined in the report.

 

 


Council

53

9 March 2016

10.3

Attachment a

Existing Policy Relating to Applications for Exploration or Mining/Extraction Licenses for Coal Within the City of Busselton

 

 

043

Applications for Exploration or Mining/extraction licenses for coal within the City of Busselton

V3 Current

 

1.         PURPOSE

 

This policy will guide the City’s response to notification of applications for exploration or mining licences for coal under the Mining Act, 1978.

 

2.      SCOPE

 

This policy covers all land within the district of the City of Busselton and relates to applications under the Mining Act whether wholly or partly over land within the district, for the purpose of coal and related materials extraction. The policy is not applicable to notification of applications that relate to mineral sands and related materials.

 

3.      POLICY CONTENT

 

3.1    The City of Busselton is committed to ensuring that the extraction of natural resources within the district is consistent with the economic, environmental and social sustainability of the area. The mining of coal within the district is considered to be potentially inconsistent with this objective due to the following:

*          The potential for coal mining to jeopardise the quality and quantity of groundwater and surface water available in the area as is required for environmental and other uses.

*          The potential for coal mining to conflict with existing land uses in the region such as; tourism, recreation, agriculture and viticulture.

*          The significant community concern about proposed coal mining in the region and the potential for a coal mine to impact on the character, attraction and quality of life in the region.

 

3.2    In achieving the above objective the City of Busselton will as a minimum:

a)        lodge a letter of objection to any application for an exploration licence where it can be reasonably ascertained that coal is one of or the principal target mineral, and for which the City has received notification, with the reasons for that objection based on the City’s concerns with coal mining identified in 3.1 above.

b)        lodge a formal objection (form 16) with The Warden to any application for a mining lease for coal for which the City has received notification, with the reasons for that objection based on the City’s concerns with coal mining identified in 3.1 above.

 

4.         COAL SEAM GAS PROPOSALS

        

The Council has significant concerns regarding the potential implications, particularly on ground water resources, of any coal seam gas extraction activity in the district and therefore requires that any referral or advertising of an application or notification pertaining to this activity is to be reported to the Council for consideration of lodgement of a formal objection.

 

Policy Background

 

Policy Reference No. - 043

Owner Unit – Planning and Development Services

Originator – Director, Planning and Development Services

Policy approved by – Council

Date Approved – 22 February, 2012

 

History

 

Council Resolution

Date

Information

C1202/030

22 February, 2012

Version 3

Differentiates responses to exploration applications and mining licence applications

 

 

Version 2

Developed and considered by the Council but not adopted – direction given to review further

C1108/269

24 August, 2011

Version 1

Implementation

 

 


Council                                                                                      55                                                                     9 March 2016

10.4           Airport Advisory Committee - 26/02/2016 - BUSSELTON REGIONAL AIRPORT - NOISE MANAGEMENT PLAN REVIEW

SUBJECT INDEX:

Busselton Margaret River Regional Airport

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:

Manager, Commercial Services - Jennifer May

AUTHORISING OFFICER:

Director, Community and Commercial Services - Naomi Searle

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Noise Management Plan - 2016 - DRAFT  

 

This item was considered by the Airport Advisory Committee at its meeting on 26 February 2016, the recommendations from which have been included in this report. 

 

PRÉCIS

 

This report presents the updated Busselton-Margaret River Regional Airport Noise Management Plan (2016) (NMP) following a review of the plan initiated by the State Government’s decision to fund the upgrade of the Airport. The revised NMP will be advertised for public comment and be submitted to the Office of the Environmental Protection Authority as part of the environmental approval process for the Airport Development Project.

 

BACKGROUND

 

The concept of a Noise Management Plan (NMP) for the Busselton Regional Airport (BRA) was first initiated in 2009 when environmental consulting firm Strategen was engaged to prepare a NMP. This was in response to the first Fly in Fly out (FIFO) services commencing at the BRA and the need to address the restrictive hours of operations and conditions specified in Ministerial Statement 399 approved by the Minister for the Environment (October 1995). The key elements of Statement 399, that the then Shire of Busselton was looking to revise and seek approval from the Office of the Environmental Protection Authority (OEPA) and Minister for the Environment were;

 

“4.2 To achieve the objectives of condition 4.1, at all times during the operation of the aerodrome, the proponent shall ensure that noise emissions from the aerodrome activities, including emissions from aircraft using the aerodrome, do not cause noise levels at any residential premises in occupation to exceed an average of 55 dB(A)Ldn or a maximum of 65 dB L a slow, unless a specific variation to the maximum noise level is agreed to by the Minister for the Environment on advice of the Department of Environment and Conservation and following consultation with relevant agencies.

 

4.3 Where a variation has been granted by the Minister for the environment, as referred to in condition 4.2, the variation may only apply for operation between 0700 hours and 2200 hours, and the proponent shall ensure that the maximum noise level does not exceed 80 dB La slow and that the number of flights is limited ”

 

A variation, described in condition 4.3 had been granted by the Minister for the Environment to allow two (2) flights per day between the hours of 0700 and 2200 with aircraft noise to be limited to 80 dB(A) to enable the first Skywest Airlines Fokker100 FIFO operations to commence.

 

Environmental consulting firm Strategen was engaged to prepare a draft NMP that was presented to the then Airport Advisory Group (AAG). The AAG was a working group made up of community members, three Shire Councillors, and representatives from the Busselton and Dunsborough Chambers of Commerce, Geographe Bay Tourism Association and the Busselton Aero Club.

The draft NMP was further developed by the AAG and in July 2010 a draft plan was presented to the Council for review and consideration. Furthermore, at this time the AAG was transitioned to an official committee of the Council, the Airport Advisory Committee (AAC), with four nominated Councillors. In October 2010, the newly formed AAC, requested City staff to review and update the draft NMP (developed by the AAG) and present a final draft to the Council for endorsement prior to being submitted to the OEPA for consideration. A final draft version of the NMP was presented to the Council for endorsement on 15 December 2010 followed by submission to the OEPA on the 1 February 2011.

 

A lengthy consultation period occurred with the OEPA, including a public consultation period of four weeks, prior to a final NMP being submitted to the OEPA Board for consideration and referral to the Minister of the Environment; Water for approval. The City of Busselton’s Noise Management Plan (June 2012) was approved as part of Ministerial Statement 901 on the 22 June 2012.

 

As part of the annual compliance reporting detailed in the Ministerial Statement for the Busselton-Margaret River Regional Airport (BMRRA), the City of Busselton has the opportunity to review and submit proposed amendments or updates to the NMP. In a report presented to the Council at its meeting on 28 August 2013, City Officers presented a number of proposed changes, some were considered minor or not technical in nature and hence did not change the intent of the existing NMP. However, some of the proposed changes to the Hours of Operations were considered material under Condition 4-2 of the then Statement 901 and were advertised for public comment.  Following Council endorsement, City Officers submitted a proposed, amended NMP to the OEPA for review and approval in September 2013.

 

The OEPA assessment resulted in the proposed material amendments being resubmitted by the City of Busselton as a Section 46 application under the Environmental Protection Act (1986), which occurred in March 2014. Following further discussions with the OEPA and gaining agreement on the proposed amendments, the City of Busselton submitted a final revised version of the NMP in December 2014, which came into effect in July 2015.

 

In June 2015, the State Government committed to funding the upgrade of the BRA. After reviewing a rigorous Business Case submitted by the South West Development Commission in 2013, and considering the views of the Steering Committee appointed by the then Minister for Transport to oversee the development of the Business Case, the Government publically committed to allocating funding for the redevelopment of the BRA.

 

The Airport Development Project Team was established soon after the funding announcement and one of the priority approval processes identified for the project was the environmental approvals required from the Minister of the Environment; Heritage. The environmental approvals specifically involve the City of Busselton applying to the Office of Environmental Protection Authority (OEPA) to amend the proposal description that underlies the current Ministerial Statement 1009 and submit a revised NMP that will allow for the proposed interstate air services resulting from the Airport Development Project. Following consultation with the OEPA, an Assessment of Proponent Information-Category A (API-A) is considered the most appropriate assessment application to amend the existing Ministerial Statement and implement a revised NMP.

 

As identified in the preparation of the Business Case and by the project team, one of the key constraints of the current NMP to future operations and viability of the BMRRA is the current hours of operations, hence Officers are proposing such changes. Officers are also recommending that the relevant sections of the NMP relating to noise acceptability, criteria, reduction measures and amelioration be updated to be in line with the recently updated Australian Standards AS2021: Acoustics—Aircraft noise intrusion, Building Siting and Construction (2015). The recommended amendments to the NMP (2015) can be summarised into the following key areas listed below;

 

Description

Chapter(s) of the NMP

Comments relating to proposed NMP (2016)

Grammatical updates

All

Includes amendments such as airport name change (BRA-BMRRA), typographical errors, index page update, addition of terms to ‘Definitions page’ etc

These changes do not change the intent of the NMP (2015).

 

Inclusion of Airport Development Project information

Background (p3)

Objectives for Development (p5)

Information relating to the upgrade of the Airport has been added as context in describing the future operations, expansion of infrastructure and objectives including management of aircraft noise.

 

Standard Operating hours

3.1.3 Standard Hours of Operations (p13-15)

1.    Number of operating categories has been reduced from five to three (See Table 3) – Light and General Aviation categories have been combined into one; Open& closed Charter Flights and RPT services have been combined into one category.

2.    In combining the Light Aviation and General Aviation categories the requirement for light aviation / Single Engine Aircraft under 2000kg MTOW not to exceed65dB(A) has been removed.

3.    All operating categories have unrestricted operating hours subject to aircraft noise not exceeding 85dB(A) and aircraft >5,700kgs MTOW requiring approval to operate.

Flight Training

3.1.5 Flight Training Guidelines (p19-22)

1.    Aircraft type has been amended to include “Single engine aircraft’ under 1500kgs MTOW

2.    Single engine aircraft noise emissions has been changed from ‘to be less than 65dB(A)’ to ‘to be less than 85 dB(A)’.

3.    Times for flight training operations amended to Mon-Fri 8am – last light; Saturdays, Sundays and Public Holidays 9am -5pm.

Non-Conforming Activities

3.3.2 Approval for Non-Conforming Activity (p25-26)

 Based on the assumption that the proposed amendments to the Standard Hours of operations are accepted this section will be deleted.

 

Methods for determining Noise Impacts and reduction measures

6.2 Noise reduction, Amelioration and Measures (p32-33)

1.    Added information relating to the City’s decision to adopt the AS2021;2015 Acoustics – Aircraft noise intrusion – Building siting and construction.

2.    Added information on the preparation and use of ANECs and N-contours for the developed Airport.

Noise Acceptability  Criterion

6.2.1 Noise Reduction  Parameters (p33)

Inserted the acceptability definitions and noise levels detailed in AS2021;2015 Section 2.3 and Table E1.

Noise Amelioration

6.2.2 noise Amelioration as a Noise Reduction Technique (p34)

Inserted the building site acceptability criteria detailed in AS2021;2015 Table 2.1 and Table E1.

Implementation of NMP

9.3 Implementation Priorities (p45)

Deleted this section as originally included to detail the implementation actions of the NMP approved in 2012.

 

Table 1: Summary of proposed amendments to the NMP.

 

STATUTORY ENVIRONMENT

 

The Noise Management Plan (22 June 2012) was approved by the then Minister for the Environment; Water after review and consideration by the Environmental Protection Authority. Compliance reporting and review of the NMP is defined under Ministerial Statement 1009; Busselton Regional Aerodrome.

 

As part of the Airport Development Project, the City of Busselton is required to seek environmental approvals for the project in accordance with the Environmental Protection Act (1986) from the Minister for the Environment; Heritage through the assessment processes of the OEPA. Following recent consultation with the OEPA, an Assessment on Proponent Information Category A (API-A) is considered the most appropriate process for the City to submit an application which will include the revised NMP. The City will submit the API-A referral application in accordance with the Environmental Protection Authority’s Environmental Assessment Guideline 14 (EAG14) and the Environmental Protection Act (1986).

 

The BMRRA 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

 

This report is in-line with the City of Busselton’s current Noise Management Plan and processes for monitoring and reporting of aircraft movements and proposed changes to update the NMP.

 

FINANCIAL IMPLICATIONS

 

The Commercial Services Business unit has an approved operational budget allocated to the maintenance and upkeep of the facility and aviation related services. None of the recommended changes to the NMP are expected to have an additional cost implication to the operational budget. 

 

The Airport Development Project, funded by the State Government and overseen by the Project Governance Committee (PGC) has a budget allocated for the project approval processes, including the environmental approvals being sought.   

 

One of the possible future actions resulting from the approval of the recommended changes to the NMP could be to perform noise monitoring at residential properties in the vicinity of the Airport. As such a budget allocation for noise amelioration has been included in the Airport Development Project and will be considered at the appropriate time.

Long-term Financial Plan Implications

 

An operational financial model was developed as part of the State Government Business Case proposal which incorporated a 10-year financial plan.  The model considered revenues and costs associated with the upgraded facility, including up-front and recurrent capital and ongoing operational expenditure.  The model demonstrates that the upgraded facility will be self-sustainable, generating a modest profit into the future, to be transferred into the City’s Airport Infrastructure Renewal and Replacement Reserve at the end of each financial year. It should be noted however that the revenue projections were based on Regular Public Transport (RPT) aircraft being able operated beyond the current Standard Hours of Operations as governed through the NMP.

 

The Long Term Financial Plan (LTFP) is currently based on the current operations, and will require updating to reflect the Development Project, including ongoing operational and capital revenue and expenditure based on the funded project.  This work has commenced.

 

STRATEGIC COMMUNITY OBJECTIVES

 

This report is consistent with the City of Busselton’s Strategic Community Plan (2013) community goals and objectives;

 

Well Planned, Vibrant and Active Places:

1.    Infrastructure assets that are will maintained and responsibly managed to provide for future generations.

 

Connected City:

2.    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 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

Extending the Hours of Operation cause noise nuisance and complaints requiring noise monitoring and mitigation.

Monitor and assess any increase in aircraft traffic during the extended hours for the potential for noise complaints from the community.

Minor

Unlikely

Medium

NMP Public consultation results in OEPA API- A appeals process that could delay the commencement of the Development Project construction phases. 

Community information sessions and private meetings held with members of the community on aircraft noise management.  NMP public consultation period performed to assess community feedback.

Moderate

Unlikely

Medium

CONSULTATION

 

Officers will continue to consult with the OEPA, CASA, AirServices Australia, City of Busselton residents and wider community, airport users and stakeholders throughout the environmental approval process and Airport Development Project.

 

The City will utilise the API-A referral process to submit the revised NMP for approval. This process requires the City to complete a public and stakeholder consultation process prior to submitting the API-A application. As such the City of Busselton is undertaking the following public and stakeholder consultation;

 

Who

Meeting Forum

Description

Information Provided

Residents in vicinity of the Airport and/or near flight paths

Private meeting either at residents home or at the City offices.

·    Brief outline of the development project, objectives and infrastructure;

·    Predicted flight movements;

·    Predicted noise impacts including ANECs, N-Contours and flight paths

·    Noise Management Plan review

 

·    City’s Noise brochure;

·    City project Fact sheet;

·    Information on External websites and agencies for further information.

Community information sessions

Information session for up to 12 people held at the City offices.

·    Brief outline of the development project, objectives and infrastructure;

·    Predicted flight movements;

·    Predicted noise impacts including ANECs, N-Contours and flight paths

·    Noise Management Plan review

·    City’s Noise brochure;

·    City project Fact sheet;

·    Information on External websites and agencies for further information.

Decision Making Agencies (DMAs) engagement

Individual meetings with DMAs –

Libby Mettam MLA

Dept Of Water

Dept Parks and Wildlife

Dept of Transport

 

·    Brief outline of the development project, objectives and infrastructure;

·    Predicted flight movements;

·    Predicted noise impacts including ANECs, N-Contours and flight paths

·    Noise Management Plan review

·    City’s Noise brochure;

·    City project Fact sheet;

·    Information on External websites and agencies for further information.

NMP Public Comment

Revised NMP advertised on the City’s Airport website for public comment.

·    Revised NMP showing track changes advertised for 21 days for public comment.

·    Revised NMP

·    Summary of changes and justification for changes

·    Information on API-a process

 

Eighty seven letters were sent out to residential property owners in the vicinity of the airport inviting them to a private meeting regarding the Development Project and aircraft noise management associated with the BMRRA.  A total of 8 meetings were booked with one resident cancelling prior to the meeting. The majority of feedback received from residents related to questions on flight paths and the possibility of flights late at night as well as asking to be kept informed of updates throughout the project.

 

Additionally, 1180 letters were sent out to property owners in residential areas approximately within 5km of the airport informing community members of the community information sessions and how to register. The community information sessions were also advertised in the local media. A total of five community sessions were held with between 10 and 14 people attending each session. As with the private meetings the main feedback received from the sessions related to questions on the flight paths and the possibility of flights late at night as well as requesting to be kept informed of updates throughout the project.

 

Following Council’s consideration of the revised NMP, Officers will advertise the NMP for a period of 21 days from 14 March – 1 April 2016 on the City and Airport websites for public comment. All public submissions will be presented back to the Council and also included in the API-A referral application to be submitted to the OEPA.

 

OFFICER COMMENT

 

The NMP has now been in effect for over four years and has resulted in a positive impact for the BMRRA with increased charter services and a reduction in the number of noise complaints associated with the airport compared to previous years. 

 

The initial review of the NMP provided an opportunity for the City to identify areas for improvement and make amendments to the plan that continued to safeguard the community and provide flexibility to airport users. As the BMRRA has now been identified strategically as a ‘Gateway’ airport for the South West Region and the upgrade to cater for interstate services has been funded, the second review of the NMP has considered current and future operations with appropriate controls allowing for flexibility in increased growth.

 

Officers are recommending a number of amendments to the current NMP, some of which are minor including grammatical and typographical changes and information relating to the Development Project, and therefore do not change the intent of the NMP. These amendments are considered minor in nature and under the current Ministerial Statement 1009 (condition 4.2) the CEO has the authority to approved these changes.

 

However, the proposed amendments to chapters 3.1.3 Standard hours of operation, 3.1.5 Flight Training Guidelines, 6.2 Noise reduction, Amelioration and measures are considered material and under condition 4.2 of Statement 1009 need to be considered by the OEPA for approval. These proposed amendments will be assessed by the OEPA through the API-A referral process. The proposed amendments are discussed below;

 


 

Standard hours of Operation

 

Officers recommend consolidating the number of different aircraft operating categories in this section. This is primarily to remove some of the confusion around the definitions of light and general aviation. The current NMP distinguishes between light and general aviation with light aviation aircraft being defined as single engine aircraft under 2000kg MTOW not exceeding 65dB(A) and general aviation including all other aircraft not included in the light aviation definition. There are instances where light aviation aircraft under 2000kgs MTOW exceed the 65dB(A) noise level and hence cause confusion for pilots leading to non-compliances. The current definitions also places responsibility on Airport staff for deciding if the noise level of light aircraft breaches the 65dB(A) based on published information which can be difficult to source. Hence, Officers are recommending that the light and general aviation categories are combined with the conditions that aircraft can have unrestricted operations, but do not exceed 85dB(A) and general aviation aircraft over 5,700kgs require prior approval to operate from in/out of the BMRRA.

   

Officers also recommend that the categories of open and closed charters and RPT services are combined into one category. The conditions proposed that apply to this category are for unrestricted operations with City approval and aircraft noise not to exceed 85dB(A).The justification for approved, unrestricted operations are to facilitate future interstate operations that may need to operate at ‘back of clock’ hours. In the City’s initial discussions with airlines interested in potentially servicing future interstate services from the BMRRA, have indicated that until the BMRRA route demand has been established they may want to fly unutilised aircraft between the hours of 1100pm – 0200am depending on the destination (Melbourne or Sydney). To ensure that noise is managed effectively, the City of Busselton will have an approval process for all aircraft in this category operating in/out of the BMRRA. The proposed amendments to the standard hours of operation are listed below;

 

Operator / Aircraft Type

Current Standard Hours of Operation

Proposed Standard Hours of Operation

Proposed Conditions

Emergency Services

UNRESTRICTED

UNRESTRICTED

Emergency situations and normal flight patterns

(training flights require approval under the Flight Training Guidelines)

Light Aviation/ General Aviation

 

Light Aviation

Single Engine Aircraft under 2000kg MTOW not exceeding 65dB(A)*

General Aviation

(Any aircraft that does not comply with the Light Aviation definition)

 

0700 to 1900 May   –November

0600 to 2100 December - April

UNRESTRICTED

 

Subject to noise not exceeding 85dB(A)*

Flight Training approval required (only available for aircraft below 1500kg MTOW and flight training conditions apply)

Aircraft above 5,700kgs MTOW – City approval required

Open, Closed Charters, RPT/Commercial Operators

Open and Closed Charter Flights

0600 to 2200

Regular Passenger Transport Flights

0600 to 2300

UNRESTRICTED

 

Subject to noise not exceeding 85dB(A)*

City approval required

 

Flight Training Guidelines  

 

Officers recommend a number of amendments to this chapter. The first is to further define the type of aircraft that can perform flight training from the BMRRA by including ‘single engine aircraft’ under 1500kgs MTOW in the definition. This will ensure that flight training is restricted to the smaller light aircraft and hence minimise the noise impact from training. Further, the daily hours allowable for flight training have been amended to reflect an even spread of hours throughout the week and on public holidays. 

 

Non-Conforming Activities

 

The current NMP allows for the CEO to approve twelve non-conforming activities per reporting year. Non-conforming activities are flight activities that operate outside of the standard hours of operations and approved for operations in support of delayed scheduled FIFO services and events such as the Variety Charity Bash or Leeuwin Concerts that occur annually. Based on the acceptance of the proposed amendments to chapter 3.1.3 Standard Hours of Operations, chapter 3.3.2 Non-Conforming Activities can deleted from the NMP. 

 

Noise Reduction, Amelioration and Measures

 

The current NMP (2015) approach to noise reduction, amelioration and noise criterion is based on the inclusion of building siting criteria and noise acceptability criteria from a number of different sources including the superseded Australian Standard 2021;2000. Officers recommended that the revised NMP be based on the AS2021;2015 standard and use a combination of criteria from the standard that relates to aerodromes with Australian Noise Exposure Forecast (ANEFs) and for aerodromes that do not have ANEFs.

 

The recommendations from government, regulatory bodies and the aviation industry for measuring and predicting noise impacts at Australian airports is broadly based on the use of the ANEF system. The ANEF system was developed in 1980 following results from surveys from the existing system in use in Australia at that time (the NEF system) which was then modified to suit Australian conditions and became termed the ANEF system. The ANEF system was developed as a land use planning tool aimed at controlling encroachment on airports by noise sensitive buildings. The system underpins Australian Standard AS2021 ‘Acoustics—Aircraft noise intrusion—Building siting and construction’. The Standard contains advice on the acceptability of building sites based on ANEF zones and for aerodromes do not have ANEFs (ANEFs are not considered a suitable tool for light aviation aerodromes that do not have jet aircraft operations), building site acceptability using decibel (dB(A)) levels.

 

The proposed amendments to this section of the NMP include a combined approach of using the ANEF zones and decibel levels to determine the acceptable, conditionally acceptable and unacceptable aircraft noise levels for buildings (including homes, units, flats) potentially impacted by aircraft noise. The acceptability criteria vary depending on the type of land use. The Table below details the recommended criterion taken from AS2021; 2015 to be included in the NMP;

 

Outdoor Noise Criterion

Noise Amelioration action is required where LAmax regularly exceeds2

(1)  85dB(A); or

(2)  80-85dB(A) for >15 events1 per day; or

(3)  75-80dB(A) for >30 events1 per day; or

 

Notes:

(1)  Each aircraft noise event occurring between 7pm and 7am is to be counted as 4 events. 

(2)  Regularly exceeds consists of events arranged in or constituting a constant and definite pattern, especially with the same space between individual circumstances. Noise generated by Emergency Services Aircraft operating in emergency situations are not to be taken to count towards the monitored noise events for amelioration purposes. 

 

OR

 

Table 2.1 Building Site Acceptability based on ANEF Zones in AS2021:2015; where a house, home, unit, flat, caravan park falls in the 20-25 ANEF zone

 

Officers have used a combination of criterion from AS2021;2015 applicable to both aerodromes with and without ANEFs. This approach is to ensure that the community is provided with a suitable level of protection from aircraft noise.  

 

CONCLUSION

 

The NMP has been in effect for over three years now and has been subject to one review. With the funding secured from the State Government to upgrade the BMRRA and the required environmental approval process underway for the project, there is a need to update the current NMP. As such Officers have reviewed the NMP and are proposing amendments to a number of sections, in particular the standard hours of operations, flight training guidelines, noise reduction, amelioration and noise criterion measures. This report presents the proposed amendments to the NMP to be advertised for public comment for a period of 21 days and then to be included in the API-A referral application to the OEPA.

 

The proposed amendments have been drafted to allow and support the development of the BMRRA, particularly with the funding announcement to upgrade the airport to operate interstate services to Melbourne and Sydney, and continue to provide protection to the community from aircraft noise.  Areas included in NMP such as the noise complaints process and request for noise amelioration assessment have been reviewed and remain in place without any amendments. Where amendments are being proposed, Officers have also considered appropriate control measures such requiring approval for operations.  

 

OPTIONS

 

The Council may choose not to support the Officers recommendation and;

 

1.    Reject the second review and proposed amendments for the NMP; or

2.    Support the review of the NMP  however recommend alternative amendments to the NMP;

 

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The revised NMP will be advertised for public comment following Council endorsement for 21 days from 14 March – 1 April 2016 on the City and Airport websites for public comment. All public submissions will be presented back to the Council and also included in the API-A referral application to be submitted to the OEPA by the end of April 2016.

COMMITTEE RECOMMENDATION AND OFFICER RECOMMENDATION

 

That the Council:

 

1.            Notes and supports the second review of the Busselton-Margaret River Regional Airport (BMRRA) Noise Management Plan and the proposed amendments as per the attached draft BMRRA Noise Management Plan (2016).

 

2.            Endorses the draft BMRRA Noise Management Plan (2016) for public comment for a period of 21 days with public submissions to be referred to Council for consideration.

 

 

 

 


Council

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9 March 2016

10.4

Attachment a

Noise Management Plan - 2016 - DRAFT

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      117                                                                  9 March 2016

11.             Planning and Development Services Report

11.1           ADOPTION OF MANAGEMENT PLAN FOR RESERVE 43008, DUNSBOROUGH

SUBJECT INDEX:

Environment Plans

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Environmental Planning

REPORTING OFFICER:

Senior Environmental Officer, Natural Resource Management - Will Oldfield

AUTHORISING OFFICER:

A/Director, Planning and Development Services - Martyn Glover

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Reserve 43008 Management Plan

Attachment b    Schedule of Submissions - Reserve 43008  

  

PRÉCIS

 

A Management Plan (the Plan) has been prepared for Reserve 43008, Dunsborough, for the purpose of fire management and to protect and enhance the environmental, social and heritage values of the reserve. The Plan (Attachment A) has been advertised for the purpose of public consultation for a period of 28 days which ended on the 28th October 2015. Further to the consultation process, the City has been awaiting advice from the Department of Aboriginal Affairs regarding compliance with the Aboriginal Heritage Act and formal approval for works within the reserve.

 

The Plan is intended to provide direction and guidance for the maintenance of fuel loads within the bushland while not impacting on Aboriginal cultural values and environmental values of the reserve.  The plan will enable the City to implement actions such as fuel load reduction burning, upgrading of access tracks and revegetation of degraded areas within the reserve and is recommended to Council for adoption.

 

BACKGROUND

 

In November 2008, Council resolved (resolution C0811/325) that the City develops a reserve management plan for Dunsborough Crown Reserve 43008 that incorporates Aboriginal heritage management, environmental management, access management and fire management among other matters.

 

Reserve 43008 is vested in the City of Busselton for the purpose of “recreation, community centre and drainage”. The reserve contains the Naturaliste Community Centre. The Dunsborough Playing fields lie to the east and the Windlemere residential area lies to the west.

 

Residents in the Windlemere Estate have previously expressed concern about the fuel loads of the bushland in the reserve. The City assessed fuel loads in the reserve and as a result began some works to clear the western boundary (common with Windlemere residents). However, due to the potential to disturb Aboriginal cultural values of the site, that are protected under the Aboriginal Heritage Act 1972, it was necessary for the City to prepare a management plan that considers these values.

 

A primary consideration to the preparation of a management plan for Reserve 43008 or any works that disturb the ground, has been the presence of Aboriginal artefacts and the place having cultural significance. Parts of Reserve 43008, are registered Aboriginal heritage sites and no works that might disturb the heritage value of the site can occur without clearance from the (State) Department of Aboriginal Affairs. These matters have now been resolved through formal consultation with local Nyungar representatives.

The reserve bushland also has significant environmental values and contains very good Western Ringtail Possum Habitat, which must be recognized and managed appropriately. The plan therefore has been created to address the social, cultural, environmental and fire safety aspects of the reserve. 

 

STATUTORY ENVIRONMENT

 

The Plan is intended to guide the City’s approach to the management of Reserve 43008, currently managed by the City of Busselton as per Clause 3.54 of the Local Government Act, which provides the City the head of power for the purpose of controlling and managing land in the District.

 

The District Town Planning Scheme No.20 identifies the subject land as Reserve for Public Recreation. The recommendations within the management plan are consistent with the zoning.

 

The Aboriginal Heritage Act 1972(AHA), protects aboriginal Heritage sites in the reserve and indicates that any person who excavates, destroys, damages, conceals or in any way alters any Aboriginal site; commits an offence unless he is acting with the authorization of the Registrar under section 16 or the consent of the Minister under section 18.

 

RELEVANT PLANS AND POLICIES

 

Preparation of the Management Plan for Reserve 43008 is supported by the following Policies and Strategies:

 

Shire of Busselton Environment Strategy - Action 1.13 "Continue to prepare and implement reserve management plans" clearly supports the development and implementation of this plan.

 

Friends of Reserves Strategy – This plan has been developed in accordance with the Friends of Reserves Strategy, which provides guidance on the development of Reserve Management Plans.

 

Bushfire Strategic Plan – This plan recognizes the need for ongoing liaison with Department of Parks and Wildlife Officers regarding bush fire protection strategies and how they interface with environmental strategies, and to ensure hazard reduction burning is carried out strategically and on a variable rotation and in balance with public safety and environmental considerations, in accordance with FESA- Fire Services Learning Manual 3.17 and the City of Busselton Environmental Strategy Plan August 2004.

 

FINANCIAL IMPLICATIONS

 

Expenditure to implement the Management Plan will involve upgrading of the tracks within Reserve 43008 to a standard that can be used by fire fighting vehicles, some initial vegetation maintenance and access control.

 

Vegetation removal and clearing of fire breaks can be undertaken during the current financial year under account 421-10850-3280 - Implementation Management Plans, with the upgrading of tracks to be considered as part of future budget allocations.


General reserve and fire management activities within the reserve such as weed management and firebreak maintenance are ongoing activities that are considered within the annual budgeting process in order to meet the expectations of the community.

Long-term Financial Plan Implications

 

There are no long term financial implications arising from this plan.

 

STRATEGIC COMMUNITY OBJECTIVES

 

Preparation, adoption and implementation of the management plan for Reserve 43008 supports the City’s Key Goal Area 5-Cared for and Enhanced Environment’ and Community Objective 5.1 ‘Our natural environment is cared for and enhanced for the enjoyment of the community and visitors’.

 

RISK ASSESSMENT

 

An assessment of the potential implications of not 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/ Financial

Bush Fire in reserve causes damage to adjoining private property

Installation of firebreak and tracks to facilitate controlled burns to reduce fuel load and better access during a fire emergency.

Woody weed removal to reduce fuel load

Major

Rare

 

Medium

 

CONSULTATION

 

During the development of the management plan, comment and input was sought from:

•             Dunsborough Fire and Rescue;

•             Dunsborough Bush Fire Brigade;

•             Department of Fire and Emergency Services;

•             City of Busselton Community Emergency Services Officer; and

•             Local aboriginal representatives.

 

The plan has also been out for Community Consultation for a period of 28 days. Notification of Community Consultation period was placed in the Council for Community Notices in the local paper and letters were sent to adjoining landowners. The Community Consultation generated 5 responses which are outlined in the submissions table (Attachment B).

 

OFFICER COMMENT

 

This section of the report discusses the issues/actions within the plan that were raised during the public submissions period.

 

Summary of submissions

 

There were 5 individual submissions received.

 

One submission received was of a technical nature relating to the classification of fauna. This was factual information which was verified and has resulted in a few minor changes to Table 3 to correct the status of fauna listed in the table.

 

There were two submissions relating to fire concerns for residents in the Windlemere residential area. The remaining two submissions brought up a range of other matters that have been considered and commented on within the submissions table (Attachment B) but did not result in any recommended changes in the Management Plan.

 

Fire

A key objection raised on the subject of fire was to the planting of more vegetation and the potential of adding “fuel to fire” by planting of 700 mature Peppermint trees plus understory in the reserve.

 

Bushland can present a bushfire risk, however, the purpose of preparing the Management Plan was to propose measures that can be undertaken to reduce the bushfire risk such as:

·    Removal of woody weeds which directly reduces the fuel available,

·    Removal of solid heavy fuels which are harder to put out in a fire emergency,

·    Upgrading access in the reserve for fire fighting vehicles and dividing the reserve into cells that can be burnt under cool conditions to reduce fuel loads,

·    Installation of a fire break along the western boundary of the reserve common with private property in the Windlemere residential area,

·    Clearing of overhanging vegetation around the Naturaliste Community Centre.

All of these actions are expected to result in acceptable fuel loads across the reserve, including the proposed revegetation areas. The proposal to revegetate an area of 1 hectare within the reserve was taken into consideration during the preparation of the plan and it will not significantly add to the fire risk when taken in context with these fire management recommendations.

 

Cultural centre

One submission suggested the clearing at the northern end of the reserve could be utilised for either heritage purposes (e.g. Aboriginal Heritage Centre), recreation and/or consideration as a potential pedestrian link to the Town Centre in the future. Its strategic location next to Caves Road and cleared ground offers potential cultural and social land use opportunities, including ability to facilitate connectivity between the playing fields, the Naturaliste Community Centre and the town in the future.

 

During the development of the plan the City undertook formal consultation with the local Nyungar representatives. The significance of the site is acknowledged and well documented however there is no recommendation for interpretation of the aboriginal significance of the site at present. Should interpretive information be identified as a priority in the future further consultation would need to occur.

 

Because there are many registered Aboriginal sites, future development of the reserve would be constrained because of the no ground disturbance buffer areas around existing artefact sites. However this may not prevent the use of parts of the reserve for cultural activities.  It is expected that there will be an area near the soak at the northern end of the reserve that will have open space and shady parkland areas for informal uses. The Native Title Settlement is likely to generate many alternative opportunities for the SW claimants to determine their needs and locations for cultural interpretation.

 

The plan does discuss pedestrian access/links to town. There is also scope for additional links to be made around fire cells which already indicate places where there are already natural breaks within the vegetation on the reserve. Pedestrian paths/links are consistent with the purpose of the reserve and therefore can be proposed and implemented through consideration of the recommendations of this plan.

 

Section 18 approval for ground disturbing works

Through the formal aboriginal consultation process the Department of Aboriginal Affairs (DAA) advised the City to seek approval under Section 18 of the Aboriginal Heritage Act 1972, to enable the City to implement the Plan and to undertake works to manage fire and other matters within the DAA Registered sites on Reserve 43008.

 

The City lodged the Section 18 application in time for the Aboriginal Cultural Materials Committee (ACMC) hearing in December. Formal approval has now been granted by the DAA with the conditions that the City:

·    provide a written report to the Registrar of Aboriginal Sites within 60 days of the completion of the Purpose (implementation of the Plan), advising whether and to what extent the Purpose has impacted on all or any Registered sites located on the Land.

·    act in accordance with the procedures in section 15 of the Aboriginal Heritage Act 1972, should skeletal remains suspected to be of Aboriginal origin, or any material suspected to be skeletal remains of Aboriginal origin be discovered during the approved works.

The City will carry out these conditions as required by the Minister of Aboriginal Affairs.

 

CONCLUSION

 

Reserve 43008 has significant Aboriginal Heritage and Environmental values. The Windlemere residential area to the west of the reserve is classified as Bush Fire prone and, as such, the City has considered what can be done to reduce the bush fire hazard in the reserve while not impacting on the cultural heritage and environmental values. The City recognizes that all of these aspects need to be managed in the reserve and therefore recommends the Management Plan for Reserve 43008 (Attachment A) be adopted by Council. The Plan will allow for the implementation of fuel reduction activities and upgrade of fire access infrastructure to the reserve, as well as, maintenance and enhancement of the bushland.

 

OPTIONS

 

The Council may determine not to adopt the Management Plan for Reserve 43008, however, this may result in lost impetus to manage all aspects contained in the plan (environmental, cultural and fire safety) in an integrated manner.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The Management Plan for Reserve 43008 will be made available to the public by posting it on the City of Busselton website following the Council decision to support the officer recommendation.  Actions of the Management Plan for Reserve 43008 will be implemented as funding is made available and suitable conditions to implement actions such as prescribed burning.

 

OFFICER RECOMMENDATION

 

That the Council adopt the Management Plan for Reserve 43008 (Attachment A), to guide the future fire management and to protect and enhance the environmental, social and heritage values of the reserve.

 


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9 March 2016

11.1

Attachment a

Reserve 43008 Management Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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Attachment a

Reserve 43008 Management Plan

 


 


 


 


 


 


 


 


 


 


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Attachment a

Reserve 43008 Management Plan

 


 


 


 


 


 


 


 


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Attachment a

Reserve 43008 Management Plan

 


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Reserve 43008 Management Plan

 


 


 


 


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9 March 2016

11.1

Attachment b

Schedule of Submissions - Reserve 43008

 

SUMMARY OF SUBMISSIONS

PROPOSAL: Application Environmental Management Plan for Reserve 43008

SUBMISSIONS CLOSE:  28th October 2015

OFFICER: Will Oldfield

 

App.

No

Submitter

Nature of Submission

Comment

1.

Individual representative of Naturaliste Sporting Clubs (not currently operational)

While we have no major objection to the Draft EMP, it notes the mainly cleared and identified “completely degraded” area in the northern portion of the Reserve is partially designated ‘re-vegetation area’. Given the need to consider fire risk as part of the EMP and that this area is already predominantly cleared, it seems a little contradictory to revegetate the area and increase fuel loading in this location.

                                                                        

Alternatively, the Clubs believe this area could be better utilised for either heritage purposes (e.g. Aboriginal Heritage Centre), recreation and/or consideration as a potential pedestrian link to the Town Centre in the future. Its strategic location next to Caves Road and cleared ground offers many potential cultural and social land use opportunities, including ability to facilitate connectivity between the playing fields, the Naturaliste Community Centre and the town in the future.

Notwithstanding the above suggestion, the NSC completely acknowledges and understands the heritage value and significance associated with the Reserve. Accordingly there is no suggestion that such land use activities on the site should involve significant ground disturbance or building construction. The Clubs merely consider the site provides great opportunity for Dunsborough from a social and heritage perspective looking forward and would not wish to see such opportunities compromised by constraining the site through re-vegetation measures prematurely.   In light of the above comments we trust the City will reconsider this component of the draft EMP. We would be pleased to discuss some of the ideas and opportunities we believe should be further explored as part of a separate land use plan for the Reserve.

The proposal to revegetate the degraded area at the northern end (1 hectare, 12% of existing area of vegetation) within the reserve will not significantly add to the fire risk when taken in context with the other fire management recommendations

 

 

 

During the development of the plan the City undertook formal consultation with the local Aboriginal representatives. Interpretation of the Aboriginal significance of the reserve was not supported by the representatives as they felt interpretive information signage, for example, would become a target for vandalism. The concept of a Cultural Centre was not raised during the consultation.  This is a good suggestion, however the constraint of no ground disturbance within buffer areas of artefact sites in the reserve means that future development would be significantly constrained and therefore it is considered that revegetation is the most suitable use of this area.

The Native Title Settlement is likely to generate opportunities for the SW claimants to determine their needs and locations for cultural interpretation/centre.

The plan does discuss pedestrian access/links to town. There is also scope for additional links to be made around fire cells which already indicate places where there are already natural breaks within the vegetation on the reserve.

2.

Individual - Resident Naturaliste Ridge since year 1984

Past President Naturaliste Community & Cultural Centre Ctee (Inc.)

Secretary Naturaliste Care Services (Inc.)

Board Member Capecare Aged Service                                                        

1.             Reserve 43008 was cited as an extreme fire risk (refer attached map) some years ago and still is, as attempts over the years by the Shire (City of Busselton) to reduce fire loads has been difficult due to aboriginal cultural issues on the reserve.

 

2.             Management actions - the Plan also includes on p.32 under revegetation “the area of semi managed grassland in the north of the reserve (reveg area on map 9) should be managed as a site for revegetation activities.  This revegetation should occur as funding opportunities arise and utilise local native species with the goal of restoring the natural vegetation and ecological function of the area over time, as resources become available”.

 

3.             What the plan does not clearly state is that this “semi managed grassland in the north of the reserve” has already been allocated by the City of Busselton Environmental Officer for the planting of 700 mature peppie trees and understorey in lieu of the offset area for the development of an aged care facility on portion of the drainage area between Gifford Road and Naturaliste Terrace (Armstrong Reserve). 

 

 

 

4.             Background to the offset area: As Council would be aware, for the past ten years we – members of the community in conjunction with the Shire (City of Busselton) have been negotiating the development of aged care facilities and services in Dunsborough.  Following a meeting in March 2004 with the then Shire President Troy Buswell, Member for Forrest Geoff Prosser, John Reid, Chair of Capecare and Joy Smith, OAM and Linda Nixon from Naturaliste Care Services Dunsborough, the then degraded drainage area between Naturaliste Tce and Gifford Road (Armstrong Reserve area) was identified by the Shire as a suitable site for an aged care facility as it was close to CBD services and facilities.   Many environmental studies later, the area was transferred by the State Government to aged care in perpetuity.  Part of such transfer was a reduction in the development footprint and offset tree planting in another area.  The “offset tree planting area” has been advised by the City of Busselton Environmental Officer as the mown grassed area near Caves Road in Reserve 43008. (refer attached map).

 

5.             Issues - the planting of 700 mature trees and understorey in an appropriate area is not the issue, and it is noted that “offset tree planting areas” for other Dunsborough organisations have been allocated in various areas of the City of Busselton (of which Dunsborough is part) - E.g. Vasse area.

 

The issues are :

(a)           allocation of an offset tree planting area in a “draft” environmental management plan” that has not yet been approved by Council – but advising Capecare that such is the designated approved area for their offset for Armstrong Reserve,

and

(b)           adding “fuel to fire” by the concept of dense “environmental” planting of 700 mature peppie trees plus understorey in an already designated “extreme fire risk area” and the risk such will pose in the future.  The addition of an increased “fuel load to an already extreme fire risk zone”, harbours a huge risk to adjoining landowners and the Naturaliste Ridge area as a whole,  and one wonders who will bear the litigation costs should fire occur in that area - the City of Busselton or the innocent tree planters?

 

6.             Fire Control - over the past 30 years many of the residents residing on the Naturaliste Ridge area have – and continue to be – members of the Dunsborough Volunteer Bushfire Brigade.  These “volunteers” have already been back-burning along Caves Road to create a “buffer zone” along the Naturaliste Ridge area/National Park areas.  Additionally our local BRAG (Bushfire Read Action Groups) are meeting to ensure that residents who reside on the Ridge area – and absentee landowners/visitors are educated on fire control, maintenance of their properties and what to do if a fire occurs.

 

Such activities would appear a waste of time and effort if the City of Busselton wishes to have as a goal in this Draft Management Plan  “restoring the natural vegetation and ecological function of the area over time” - through the planting of hundreds (if not thousands) of mature trees and understorey in a designated high fire risk area.

 

 

We are all extremely conscious of the potential that strong easterly wind and embers from any fire in reserve 43008 will create a severe risk to Windlemere, the Naturaliste Community Centre, the CBD area and the whole Naturaliste ridge area.  It was just sheer luck that a recent fire lit by illegal campers in Reserve 43008 was able to be extinguished quickly by our local fire brigades. Had there been a strong easterly wind, embers and smoke from that fire would have created a potential risk along Caves Road, the Ridge area and the National Park towards Yallingup. 

 

And - anyone who viewed the electrical pole fire on Caves Road near Fisherman’s Hut Restaurant (now La Casina) some ten years ago; a fire which ultimately burnt out the bushland towards Eagle Bay but at one stage crossed Caves Road to the Ridge area – would be very conscious of how a high fuel load, strong winds and a dense tree canopy can escalate into a raging fire front, requiring water bombers and many volunteer and support services man hours to extinguish.  And - experiences from Gracetown  also add to potential fire concern.

 

I urge Council to carefully review this “Draft Environmental Management Plan”.  Whilst it may be an environmentalists “goal to restore the natural vegetation and ecological function of the area over time”, such goal is not obtainable unless people – us the community and ratepayers of the City of Busselton – and the many visitors who now frequent the area – are removed.

 

 

Yes – reduce the high fuel load on Reserve  43008, install fire buffer zones and pathways - being ever conscious of the cultural history of the area – but PLEASE DO NOT INCREASE THE FUEL LOAD by dense planting of trees and understorey.  

 

Roger Underwood’s article of year 2010 makes for interesting reading today, especially in view of the El Nino that reportedly by the Bureau of Meteorology, could be catastrophic in the south west this summer. 

 

Noted. It is these issues that have led to development of the Management Plan and consultation with local Aboriginal Representatives to satisfy the legislative requirements. 

 

 

The subject areas proposed for revegetation currently consist of annual weeds. Revegetation is consistent with the principle - Section 8.2 ‘to retain and enhance the biological and ecological assets of the reserve’ and will also improve the amenity of the reserve. The bushland in the reserve has very high WRP habitat value.

 

 

 

Noted. The means by which revegetation will occur are not significant. The intent of the plan is to indicate areas that would be appropriate for revegetation to occur.

A review of all reserves in the Dunsborough area, to determine an appropriate location for the planting of an Environmental Offsets has been undertaken. Reserve 43008 is the most appropriate location for such an offset, however it must be approved within the context of the management plan before it can be ‘allocated’ for that purpose.

 

The revegetation area consists of an area of annual weeds where Peppermint  woodland species wood be planted and an area of perennial grass (currently mown) where Peppermint trees would be planted to create a parkland.

Peppermint woodland typically does not generate high fuel loads, compared to Jarrah-Marri woodlands or wetland vegetation types, and, the fuel load will be managed through ongoing fuel reduction burning of the woodland area and mowing/pruning of the parkland area.

The intent, or otherwise, of the City to revegetate areas of the reserve will be directed by recommendations of the plan, which are under consideration by Council through the adoption process for the management plan.

 

 

 

 

 

 

Vegetation offsets are determined by the Federal Department of Environment. They require vegetation offsets for WRP habitat to be; in close proximity to the vegetation that is to be removed; like for like in habitat value and in secure tenure.

 

 

 

The City has advised Capecare that use of reserve 43008 for the planting of the revegetation offset is subject to the outcomes of the Management Plan for Reserve 43008.

 

 

All bushland areas above 1 hectare are assessed as ‘extreme fire risk areas’ on the Bushfire risk mapping, however the mapping does not take into account measures that may be undertaken to reduce the bushfire risk such as are proposed under this management plan.  The measures proposed under the plan will result in acceptable fuel loads across the reserve, including the proposed revegetation areas.

 

 

 

The City has played an important role in increasing community awareness of bushfire behaviour and community group activity through the Bush Fire Ready Action Groups and Volunteer Bush Fire Brigades. This activity is important as is the management of fire risk in bushland reserves managed by the City.

 

 

 

 

 

During development of the  Management Plan the risks were assessed and various recommendations made to mitigate them. The Plan recommends how the fire risks can be mitigated and environmental values protected. The Management Plan for Reserve 43008 is proposing a balance between fire risk to the community as well as positive environmental and cultural outcomes.

 

The proposal to revegetate an area of 1 hectare (12% of existing) within the reserve will not significantly add to the fire risk when taken in context with the other fire management recommendations.

 

 

 

 

 

 

 

The City has to balance many priorities. The City has invested time and resources into the fire emergency infrastructure and volunteer brigades, so that it can respond to fire emergencies such as the incident raised.

 

 

 

 

 

 

Fire risk and Conservation of a threatened species are addressed by the plan.  The City sought the services of a professional with both fire fighting and environmental expertise to prepare the plan. The plan presents a way forward to manage both the fire risk and the environmental objectives for the reserve. Removal of people will not be necessary as the recommendations proposed bring the fire risks of the reserve to acceptable levels.

 

The proposal to revegetate an area within the reserve will not significantly add to the fire risk when taken in context with the other fire management recommendations.

 

 

It is difficult to plan for changing climatic conditions but this is why the planning for Bushfire guidelines exist. They provide guidance on how to manage the issue of bushfire adjacent to residential areas.

The City also has to take into account the fact that the development adjacent to the reserve occurred prior to the more stringent bushfire planning rules, which led to some of the development being closer to bushland than would be allowed in today’s current regulatory and planning framework. Through the management plan, the City is taking appropriate steps to manage the fire risk to adjacent residential areas.

 

3.

Individual

1. A good clear summary at the start of this document (2 pages of A4) would have been appreciated as a means of making this document easily accessible to local residents, many of whom have little time to read a lengthy document. An outline of what was being done and when for example.

 

2. The document says that the materials used to treat the invasive plants "should" be environmentally friendly. Is this actually the case?

 

 

3. There is reference to providing signage about the flora, could you expand on what this would look like? Will there be signage about the cultural relevance of the reserve and has this been endorsed by the Nyungar representatives?

 

4. Since the plans provide a fire escape route for Windlemere Drive, will access to Windlemere Drive via Greenfield Rd now be closed off?

 

 

5. What is the timescale for works?

 

 

 

 

6. How will the reserve be maintained beyond this plan?

 

Noted. Section 1, 2 and 8 contain an introduction and recommendations of the plan (6 pages) plus the maps in the appendices give a quick impression of what the plan is about.

 

 

The City will use the most effective method while ensuring there is no off target damage to other native plants in the reserve. E.g. mechanical removal is most effective for woody weeds and removes the fuel load also.

 

 

The type of signage will be determined at a later date. The signage could be low key, E.g. small plaque size 150mm x 100mm on a plinth. Cultural values of the site were discussed with the Noongar representatives and they were not in favour of Cultural Heritage interpretation.

 

The plan does not provide an alternative fire escape route for Windlemere residents. Greenfield road is an essential part of the fire access/egress for Windlemere residents.

 

The City will commence implementation of the plan as soon as practical. Fuel reduction work has commenced. Prescribed burning and other works will commence in the appropriate season and when all approvals have been received.

 

The plan provides for ongoing management of the reserve. Weed control, fuel reduction burning etc are ongoing management actions which will be implemented on an ongoing basis.

 

 

4

Individual

1.  It would be beneficial for safety reasons to inform the Windlemere community (via newspaper or letterbox drop) on planned management actions, there are many children who travel through and use the reserve daily. 

 

2.  Signage at the entry points to the reserve during times of management action would also be appreciated, again for safety reasons.

 

3.  Many people exercise their dogs in the reserve, would it be possible to install poo bag stations at the entry points of the reserve?

 

 

4.  The amount of rubbish/litter in the reserve is concerning, I believe that bins strategically placed could help with this issue.

Noted. Prescribed burning of the reserve will be advertised well in advance.

 

 

 

 

Signage is the current operational practice in public use areas

 

 

The provision of poo bags is an issue that is being dealt with separately as part of a wider review of provision of poo bags in public open spaces. The findings of the review will be considered by Council at a later date.

 

If bins were to be put in the reserve they need to be in areas accessible to rubbish trucks. The only practical place for Rubbish bin pick up is the NCC, which already has a bin.

 

5

Individual

Fauna section (6.4) errors.

 

1: Table 3 heading (Endangered or Threatened Fauna found within 5 km radius of Reserve) should be changed as it is incorrect and also makes use of conflicting terminology.    Firstly the use of terms “Endangered or Threatened” is confusing.  In WA species deemed to be “threatened” are also then placed into one of three categories, these being  Critically Endangered, Endangered or Vulnerable….so there is no need to say “Endangered or Threatened”, as “Threatened” would suffice. 

 

Secondly over half of the species listed are neither “Endangered” or “Threatened” e.g. all the priority and all the migratory (Protected by international agreement) species are not “threatened” species and in fact several are quite common.   The species listed would be better referred to as being of conservation significance and therefore I would suggest a more appropriate heading would be “Fauna Species of Conservation Significance previously recorded within 5 km radius of Reserve (source NatureMap Database DPaW 2015) or similar.  It is important to emphasise the source as the list does not include some other species of conservation significance which are very likely to occur (e.g. forest red-tailed black cockatoo) but are not in the DPaW database (because no records have been submitted to them i.e. the NatureMap database is not a fully comprehensive list of species likely to be found in any one area ).  A “proper” fauna review would include all likely species of conservation significance (obtained from a range of sources not just NatureMap) but realise this was probably beyond the scope of the management plan.

 

 

2: Further to above, the second sentence in paragraph 1 which states “Of these, 13 are classified as rare, endangered or priority species” is also incorrect as it again uses “endangered” unnecessarily and also omits the migratory species (none of which are rare, endangered or priority species).  I would suggest maybe  “Of these, 13 are of conservation significance i.e. classified as threatened, priority or as migratory species)” or similar.

 

2: Some errors in the Conservation Status column:  As far as I am aware Carnaby’s Black Cockatoo is “Endangered” not “Critically Endangered”.  The (southern) Brush-tailed Phascogale should be shown as “Vulnerable” not “Threatened” to be consistent with other listings. 

 

Also note that I carried out a western ringtail possum survey of this reserve back in April 2012 for main roads as part of the roundabout works to the north.  I counted 63 dreys in the reserve during the day survey and 55 and 59 WRPs respectively during two night surveys.  This is a pretty good density (over 6 wrps/ha assuming about 9.2 ha of reserve vegetated).

 

 

Update status of animals listed to reflect their categories

 

 

 

 

 

 

 

Change heading to ‘

Fauna Species of Conservation Significance previously recorded within 5 km radius of Reserve (source NatureMap Database DPaW 2015)

Agree, a full fauna survey was not required as part of the management plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Change to ;

Of these, 13 are of conservation significance i.e. classified as threatened, priority or as migratory species)” or similar.

 

 

 

 

 

Correct the status of the animals.

Carnaby’s – Endangered

Southern Brush Tailed Phascogale – Vulnerable

 

 

Add sentence to highlight the  WRP habitat significance of the reserve. “The reserve is considered to be significant habitat for Western Ringtail Possums. A survey of the reserve in 2012 found 55 and 59 WRPs respectively during two night surveys.  This is a density of over 6 WRP/hectare. (Harewood 2012)”

 

 

 


Council                                                                                      185                                                                  9 March 2016

11.2           MEELUP REGIONAL PARK MANAGEMENT COMMITTEE- APPOINTMENT OF MEMBERS

SUBJECT INDEX:

Environmental Management Plans, Impact Studies and Reports

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Environmental Services

ACTIVITY UNIT:

Meelup Regional Park

REPORTING OFFICER:

Meelup / Environmental Management Officer - Kay Lehman

AUTHORISING OFFICER:

A/Director, Planning and Development Services - Martyn Glover

VOTING REQUIREMENT:

Absolute Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

This report recommends the appointment of two new members to fill the vacancies for the Meelup Regional Park Management Committee.

 

BACKGROUND

 

At is ordinary meeting of 14 October 2015, and following earlier consideration and review by the Meelup Regional Park Management Committee (the Committee), a working group formed by the Council and consideration by the Council itself, the Council adopted revised governance arrangements and terms of reference for the Committee.

 

The revised terms of reference establish the membership of the Committee which includes six (6) community members, to be appointed by the Council. Following the re-formation of the Committee following the 2015 ordinary Council elections there were four (4) community members of the Committee immediately prior to that time with an interest in a continued involvement and these members have been reappointed by the Council.

 

The Committee’s terms of reference set out the criteria and selection process for filling community member vacancies as follows:

 

1.    The Mayor, Presiding Member of the Committee and Chief Executive Officer of Chief Executive Officer’s nominee shall meet to discuss and agree the aims/objectives in terms of 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 expression-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 members) following which City officers will present report to the Council reflecting the assessment of the Mayor and Presiding Member; and

5.    If there are still vacant positions following the completion of the process set out above, the process will recommence.

 

 

Public advertising seeking expressions of interest from members of the community to fill the two (2) Committee vacancies closed on 15 January 2016.

 

STATUTORY ENVIRONMENT

 

The Meelup Regional Park Management Committee is created pursuant to the Local Government Act 1995 (‘the Act’), specifically via a resolution of the Council pursuant to sections 5.8, 5.9(2)(c) and 17(1)(c) of the Act.

 

The membership and deputy membership of Committees of Council must be determined by the Council in accordance with Section 5.10 and 5.11A of the Local Government Act 1995. In this regard, an Absolute Majority decision of the Council is required to appoint a person as a member or deputy member of a Committee.

 

RELEVANT PLANS AND POLICIES

 

The following is a list of key guiding documents, relevant to governance and operations of the Meelup Regional Park Management 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;

7.    City of Busselton Adopted Annual Budget; and

8.    City of Busselton Local Laws, Determinations and Council Policies.

 

FINANCIAL IMPLICATIONS

 

NA

 

Long-term Financial Plan Implications

 

NA

 

STRATEGIC COMMUNITY OBJECTIVES

 

This matter is considered relevant to Key Goal Area 6- Open and collaborative leadership and Strategic Objective 6.1 – A Council that engages broadly and proactively with its community.  A Council that engages with its community through Committees with specific areas of interest that assist the Council to undertake its role.

 

RISK ASSESSMENT

 

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

 

CONSULTATION

 

The Committee positions were advertised in December 2015/January 2016, in accordance with the Council adopted (resolution C1510/296) governance agreements and terms of reference, for the Meelup Regional Park Management Committee. The Mayor, Presiding Member of the Committee and Chief Executive Officer’s nominee considered the expressions of interest that were received and recommend the appointment of from Ms Tracee Pickersgill and Mr Damien Jones as members on the Meelup Regional Park Management Committee.

 

OFFICER COMMENT

 

Ms Tracee Pickersgill is a local recreation/tourism business operator with an interest in Meelup Regional Park.  Mr Damien Jones has a diverse technical background in mining and marine related industry with an understanding of the pressures on the Park and the need to manage and protect the local environment while maintaining services for the community.

 

CONCLUSION

 

In order to continue the valuable contribution to the City made by the Meelup Regional Park Management Committee, it is considered that the Committee should be returned to its full capacity of members.

 

OPTIONS

 

The Council may choose to review the expressions of interests, or if required, re-advertise member positions to gauge further interest.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

Any decision of the Council in relation to this matter would be effective immediately.

 

OFFICER RECOMMENDATION

ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED

 

That the Council:

 

1.    Appoints Ms Tracee Pickersgill as a member of the Meelup Regional Park Management Committee for a term of up to two years and ceasing on the day of the next ordinary Council election.

 

2.    Appoints Mr Damien Jones as a member of the Meelup Regional Park Management Committee for a term of up to two years and ceasing on the day of the next ordinary Council election.

 

 


Council                                                                                      189                                                                  9 March 2016

11.3           FURTHER CONSIDERATION OF OMNIBUS AMENDMENT NO 1. TO LOCAL PLANNING SCHEME NO. 21 - CONSIDERATION FOR FINAL APPROVAL

SUBJECT INDEX:

Town Planning Schemes and Amendments

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Strategic Planning and Development  

ACTIVITY UNIT:

 Strategic Planning and Development

REPORTING OFFICER:

Manager, Strategic Planning and Development - Matthew Riordan

AUTHORISING OFFICER:

A/Director, Planning and Development Services - Martyn Glover

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Nil

  

PRÉCIS

 

At its Meeting on 10 February 2016, the Council was to consider for final approval Omnibus Amendment No. 1 to Local Planning Scheme 21 (gazetted on 21 October 2014) following extensive public consultation.

 

The Council resolved, however, to defer consideration of the Amendment until the Meeting of 9 March 2016, in accordance with an Alternative Recommendation put forward by Councillor Henley, viz:

 

That the Council defers Item 10.1 for a month until the 9 March, 2016 Council meeting.’

 

This was for the reason of deferring consideration of the matter untilafter the Special Meeting of Electors to be held on Tuesday 1 March 2016.

 

The Special Meeting of Electors was requested by petition from electors.  While the meeting request was not compliant with the requirements of the Local Government Act, in good faith the meeting was requested by Councillors of the City of Busselton. The matter was included for Council consideration on the agenda of the meeting for 10 February, 2016 enabling the Council to either make a determination on the amendment or to defer the matter for purposes of the electors’ meeting.  The Council resolved to defer the matter.

 

The purpose of the request submitted to the Mayor for the special meeting was stated as being:

 

‘The matter for discussion is the Local Planning Scheme No 21 – Omnibus [Amendment] 1, as it appears on the City of Busselton website’. 

 

Since the resolution of the Council on 10 February 2016, the Chief Executive Officer and senior City officers have further discussed the matter. Despite the careful and comprehensive preparation of the Amendment over the past 18 months, and its endorsed adoption for extensive public consultation, officers consider that the matter of consideration of the amendment for final approval best requires deferment until a Council meeting in April, 2016.

 

The main reason for this recommendation is to allow officers sufficient time (if and as required) to fully consider, act upon and provide additional recommendations to the Council - and for Councillors to duly consider those recommendations.  In this regard, any outcomes from the Electors’ Meeting, including its minutes, could be presented to the Council on 23 March, 2016 and should the Council make any decisions in response to any outcomes of the Electors’ Meeting, these could be appropriately drafted for inclusion in the amendment to be considered for final approval at a subsequent meeting.

 

BACKGROUND

 

At its meeting of 26 August 2015, the Council considered Omnibus Amendment No. 1 to the City of Busselton Local Planning Scheme No. 21 (LPS21) and adopted it for public consultation. 

 

The Amendment recommends a significant number of mostly minor changes to LPS21.  The various changes proposed are seen as necessary for the more efficient and effective administration of the Scheme, to better reflect the Council’s identified and endorsed strategic direction, and  to provide positive, rational and effective guidance for future land use and development across the District.

 

The intent, purpose and scope of the changes recommended in the Amendment are to:

 

•          Implement the recommendations of the CapeROC initiative that investigated providing a more ‘liberal’ and consistent approach to regulation of development in the rural zones of the Augusta-Margaret River and Busselton Schemes, noting that the Shire of Augusta-Margaret River has now already completed a similar exercise;

•          Implement a number of the recommendations from the City of Busselton ‘Local Commercial Planning Strategy’, ‘Local Cultural Planning Strategy’ and  subsequent Conceptual Plans for the Busselton City Centre and Dunsborough Town Centre (both finally adopted by the Council in January 2014);

•          Rationalise and clarify the delineation and mapping of the Scheme Area boundary along the coastline;

•          Correct textual anomalies that occurred during the conversion of District Town Planning Scheme No. 20 into ‘Model Scheme Text-compliant’ form as Local Planning Scheme No. 21; and to update/correct other essentially minor Scheme matters generally;

•          Relax building height controls across the City;

•          Place a prohibition on the development of new ‘drive-through facilities’ within the ‘Business’ zone; and

•          Address a number of mapping corrections that have been identified as being needed through the process of adopting the new Local Planning Scheme, along with other minor modifications to the Scheme Maps.

 

STATUTORY ENVIRONMENT

 

1.    Omnibus Amendment No. 1

 

The Planning and Development Act 2005 outlines the relevant considerations when preparing and amending local planning schemes. The relevant provisions of the Act have been taken into account in preparing and processing this amendment.

 

The Planning and Development (Local Planning Schemes) Regulations 2015, which came into operational effect on 19 October 2015, identifies three different levels of amendments – basic, standard and complex. As the identification of the amendment type occurs at the time of formal initiation, which in this case occurred prior to the adoption of the Regulations, it is not now necessary to identify the amendment level at this later stage. Notwithstanding this, Omnibus Amendment No. 1 will now be progressed for final adoption as though it were a ‘standard’ amendment under the Regulations.

 

Omnibus Amendment No. 1 is considered to be fully consistent and compliant with all requirements of the relevant statutory environment.

 

2.    Special Meeting of Electors

 

The Special Meeting of Electors was requested per the powers of s.5.28 of the LGA. Whilst the petition received by the Mayor did not conform with, or comply to, the requirements of the LGA, the Council elected to hold the meeting in any event, in accordance with its powers under s.5.28(1)(b), viz:  

 

5.28.      Electors’ special meetings

        (1)      A special meeting of the electors of a district is to be held on the request of not less than — 

                        (a)      100 electors or 5% of the number of electors —whichever is the lesser number; or

                        (b)      1/3 of the number of council members.

 

Subsequent sections of the LGA prescribe matters concerning the following:

 

·    5.29        Convening electors’ meetings

·    5.30        Who presides at electors’ meetings

·    5.31        Procedure for electors’ meetings

·    5.32        Minutes of electors’ meetings

·    5.33        Decisions made at electors’ meetings.

 

Section 5.33 is of particular relevance given the particular circumstance of the Special Meeting of Electors, which was requested by certain electors on the basis of the following:

 

‘The matter for discussion is the Local Planning Scheme No 21 – Omnibus [Amendment] 1, as it appears on the City of Busselton website’. 

 

This section states:

5.33.      Decisions made at electors’ meetings

        (1)      All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable — 

                        (a)      at the first ordinary council meeting after that meeting; or

                        (b)      at a special meeting called for that purpose,

                    whichever happens first.

        (2)      If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.

 

RELEVANT PLANS AND POLICIES

 

The key policy implications with respect to the Amendment proposal are:

 

·    Local Commercial Planning Strategy;

·    Local Cultural Planning Strategy;

·    Busselton City and Dunsborough Town Centre Conceptual Plans; and

·    Planning in Bushfire Prone Areas.

 

Each of these plans and strategies (inter alia) was commented upon in considerable detail in the Agenda report for the Meeting of 10 February 2016. In the interests of brevity in this ‘supplementary’ report, however, please refer to that original Agenda item for any further information.

 

FINANCIAL IMPLICATIONS

 

There are considered to be no direct financial implications arising from the implementation of the Officer Recommendation.

 

Long-term Financial Plan Implications

 

 Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

The proposed amendment is considered to be consistent with the following community objectives of the City’s Strategic Community Plan 2013 –

 

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

3.1       A strong, innovative and diverse economy that attracts people to live, work, invest and visit.

 

RISK ASSESSMENT

 

The implementation of the Officer Recommendation herein will involve a deferral of formal consideration for final approval of Amendment 1 to LPS21 by the Council. Apart from delaying the finalization and subsequent implementation of an important statutory and strategic process prepared in the best interests of the due and proper planning and administration of the City of Busselton, no significant risks have been identified. 

 

CONSULTATION

 

In the interests of brevity in this ‘supplementary’ report, please refer to the original Agenda item (of 10 February 2016) for further detailed information in respect to the extensive public consultation process that was undertaken by the City in regard to this Amendment.

 

In relation to this, the following is provided in summary:

 

·    A ‘Schedule of Submissions’ was provided in the original Agenda report (10 February 2016). That Schedule outlines the submissions received and provides detailed Officer comments and recommendations to the Council in respect to each.   

 

·    A ‘Schedule of Modifications’ was also provided in the original Agenda report (of 10 February 2016). This Schedule addresses pertinent issues raised in the submissions and provides a list of recommended modifications to the Amendment (as it was advertised) as a result of these. There were a total of eight recommended modifications made to the Council in this Schedule.

 

·    The public consultation undertaken fully complied with the Planning and Development (Local Planning Schemes) Regulations 2015, which require:

 

a)      public notice to be provided in a local newspaper;

b)     a copy to be provided in the administration offices of the subject local government;

c)      a notice to be provided to relevant Government agencies;

d)     the Amendment itself, along with notice of that proposed Amendment, to be provided on the subject local government website;

e)     consultation and advertising as directed by the WA Planning Commission, and in any               other way the subject local government considers appropriate.

 

Submissions on the Amendment were invited for 42 days, between 4 November and 16 December 2015.  These dates were purposefully chosen and advertised to end before Christmas and the majority commencement of school holidays in order to avoid, as much as practicable, that otherwise busy period for electors, businesses and other interested parties.

 

In addition to the above, the advertising undertaken for the Amendment involved:

 

·    Correspondence sent directly to almost 1,800 landowners, including:

 

­     those affected by site-specific rezonings;

­     those within the Busselton city centre and Dunsborough town centre and those in residential areas proposed for, or abutting, the A74 and R80 areas recommended in the Amendment;

­     those within 150m of the ‘Mean High Water Mark’;

­     all relevant Government agencies.

 

NOTE:     This correspondence was tailored to the specific part of the Amendment relating to a particular property concerned (e.g. those situated in the Dunsborough Town Centre were sent a letter tailored to the matters of particular relevance to them), although the mail out further advised landowners in respect to the considerable balance of matters addressed in the Omnibus Amendment (each letter included a ‘summary information’ sheet).

 

·    Notice provided to relevant business and community groups, such as the Busselton and Dunsborough chambers of commerce;

·    Signage installed on land affected by more substantial and  site-specific rezonings (e.g. Armstrong Reserve in Dunsborough, Dawson Drive in Yallingup, Ford Road in Geographe etc);

·    Notice placed in the Busselton Dunsborough Mail ‘Council for the Community’ section, on 4 November 2015;

·    Hard copies of the proposed Omnibus Amendment provided at the front counter of the City’s Administration office and in both the Busselton and Dunsborough public libraries;

·    The complete document, along with the summary information sheet, was placed in digital format on the City’s public website, in the ‘Public Consultations’ section.

 

OFFICER COMMENT

 

The most relevant and substantive issues raised during the public consultation period between 4 November and 16 December 2016 were detailed and comprehensively addressed for the information of Councillors in the Agenda report prepared for the Meeting of 10 February 2016. Please refer to that Agenda report for additional information and background.

 

In brief, however, these issues concerned:

 

1.    ‘Additional Use’ A74 area and Dunsborough Town Centre R80 coding;

2.    Dunsborough  Town Centre Height and R-AC3 rezoning in the CBD;

3.    Site-specific rezonings:

·      Caves Road, Wilyabrup,

·      Quindalup Youth Hostel,

·      Requests for extension of A74 area (Geographe Bay Road, Dunsborough and North along West Street, Busselton),

·      Dunsborough Lakes Estate, land proposed for inclusion in DCA1. 

4.    ‘Drive-through facilities’ being prohibited within the ‘Business’ zone; and

5.    ‘Other’ (being a technical textual correction and improvement only).

 

Detailed recommendations in regard to all of these issues, in both the body of the original Agenda report (10 February 2016) and accompanying Schedule of Submissions, were provided for the consideration of the Council at that Meeting.

 

Due to the Special Meeting of Electors that has been requested, and the date of 1 March, 2016 selected  by the Mayor (in accordance with the requirements of the LGA), the opportunity may also be provided in the interim for officers to further brief or discuss with Councillors these and other pertinent matters.

 

To reiterate then, the recommended deferment of consideration of the Omnibus Amendment proposal will enable:

 

·    City officers sufficient time (if and as required) to consider, act upon and provide additional recommendations to the Council in respect to any outcomes from the Special Meeting of Electors on 1 March 2016;

·    Councillors reasonable opportunity to consider and address any decision(s) made at the Special Meeting of Electors, along with subsequent information and advice provided in relation to this by City officers;

·    Any directly relevant and/or important incidental matter(s) that might arise for the consideration or re-consideration of the Council in regard to the Amendment to be properly and fully addressed.

 

CONCLUSION

 

The purpose of Omnibus Amendment 1 is to improve the functionality and currency of Local Planning Scheme 21 by refining, updating and correcting provisions and mapping where these have been found to be deficient. A significant number of essentially minor changes have been introduced that reflect the endorsed recommendations of previous strategic studies and outcomes (e.g. the Local Cultural Planning Strategy (2011), the Local Commercial Planning Strategy (2011) and the City/Town Centre Conceptual Plans for Busselton and Dunsborough).

 

The detailed information and explanatory rationales provided within the Agenda report on 10 February 2016 (and in the initial report to the Council, on 26 August 2015) address the continuing orderly and proper planning of the City of Busselton.

 

To further ensure this, the Amendment was further refined and improved following the extensive public consultation process, and a small number of adjustments were subsequently recommended to the Council in a Schedule of Modifications.    

 

In summary, the changes as described in the Agenda report of 10 February 2016 and reflected in the Schedule of Modifications therein were as follows:

 

 

Decision

 

Advertised as:

To be modified as:

1.

Recommendation 1.1 mm

 

Removing the use classes ‘Poultry Farm’, Recreation Agriculture’, ‘Recreation Area’ and ‘Rural Enterprise’ and associated permissibilities.

 

 

1.1 mm   Removing the use classes ‘Poultry Farm’, Recreation Agriculture’, ‘Recreation Area’ and ‘Rural Enterprise’ and associated permissibilities.

 

 

That recommendation 1.1 mm of the decision be amended to state:

 

“Removing the use classes ‘Poultry Farm’, Recreation Agriculture’, ‘Recreation Area’ and ‘Rural Enterprise’, associated permissibilities and associated references throughout the Scheme.”

2.

Recommendation 2.6:

 

Amend Schedule 2 ‘Additional Uses’ by –

 

a.       Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

2.6     Amend Schedule 2 ‘Additional Uses’ by –

 

a.       Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

That recommendation 2.6a of the decision be amended to include the following additional condition in the ‘Conditions’ column:

 

“5.   Urban design guidelines (and/or Special Provisions) shall be prepared and adopted as a Local Planning Policy to  address the following matters in relation to any proposed development:

Appropriate building setbacks to prevent or suitably mitigate overshadowing or overlooking of neighbouring properties;

Built form articulation, architectural design, function, bulk, scale, massing, grain, signage and surveillance (in relation to the streetscape, surrounding buildings, adjoining land uses and the overall character and amenity of the subject development area);

Vehicular access, and the location of crossovers/provision of onsite car parking;

Roofscapes, skylines and service installation sites to ensure minimal visual intrusion.’

3.

Recommendation 2.6:

 

Amend Schedule 2  ‘Additional Uses’ by –

 

a.       Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

2.6   Amend Schedule 2  ‘Additional Uses’ by –

 

a.     Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

That recommendation 2.6a of the decision be amended to include Lot 81 (18) Geographe Bay Road, Dunsborough into the Additional Use (No. A74) provision.

 

 

 

 

4.

Recommendation 2.6:

 

Amend Schedule 2  ‘Additional Uses’ by –

 

a.       Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

2.6   Amend Schedule 2  ‘Additional Uses’ by –

 

a.     Inserting an Additional Use (No. A74) provision as follows, and amend the Scheme maps accordingly:

 

[Please refer to extensive Table in original Recommendation]

 

 

 

That recommendation 2.6a of the decision be amended to include Lots 1 (28), 2 (30) and 3 (32) West Street, Busselton into the Additional Use (No. A74) provision.

 

 

 

 

5.

Recommendation 2.8:

 

Amend the Scheme Maps by:

 

f.       Modifying the residential density coding to R80 over Lots 51 and 87 to 102 Chieftain Crescent, Lots 86 and 162 Chester Way, Lots 139 to 141 Lorna Street, Lots 1-9 (20) and 115 to 127 Geographe Bay Road, Lots 1-17 (3) Dunn Bay Road, Lots 1 & 2 (4), 5 (2), 17, 18, 41 to 43 Prowse Way, Lots 3 and 4 Greenacre Road and Lot 60 (191) Naturaliste Terrace, Dunsborough.

 

 

2.8   Amend the Scheme Maps by:

 

f.     Modifying the residential density coding to R80 over Lots 51 and 87 to 102 Chieftain Crescent, Lots 86 and 162 Chester Way, Lots 139 to 141 Lorna Street, Lots 1-9 (20) and 115 to 127 Geographe Bay Road, Lots 1-17 (3) Dunn Bay Road, Lots 1 & 2 (4), 5 (2), 17, 18, 41 to 43 Prowse Way, Lots 3 and 4 Greenacre Road and Lot 60 (191) Naturaliste Terrace, Dunsborough.

 

 

That recommendation 2.8f of the decision be amended to include Lot 81 (18) Geographe Bay Road, Dunsborough for modifying the residential density coding to R80.

6.

Recommendation 5.17

 

Lot 21 (3806) Caves Road, Wilyabrup

 

 

 

 

5.17 Rezone portion of lot from ‘Recreation’ Reserve to ‘Agriculture’.

 

 

That recommendation 5.17 of the decision be amended to correctly state as follows:

 

“Rezone portion of lot from ‘Recreation’ Reserve to ‘Viticulture and Tourism’.”

7.

Recommendation 5.31

 

Lot 42 (201) Geographe Bay Road, Quindalup

 

 

5.31 Rezone from ‘Public Purpose’ Reserve to ‘Special Purpose – Youth Hostel’.

 

 

That recommendation 5.31 of the decision be amended to state as follows:

 

“Rezone from ‘Public Purpose’ Reserve to ‘Special Purpose - Hostel’.”

8.

Recommendation 5.53:

 

Lot 44 Chapman Hill Road, Kalgup

 

 

 

5.53 Rezone from ‘Public Purpose’ Reserve to ‘Agriculture’

 

 

That recommendation 5.53 of the decision be deleted and subsequent recommendations be re-numbered accordingly.

 

OPTIONS

 

Should the Council not wish to support the Officer Recommendation to defer consideration of this matter, it could consider the following option:

 

1.            The Council could adopt Omnibus Amendment No 1 for final approval, in accordance with the original Officer Recommendation of 10 February 2016 or subject to revised or additional modification(s) to those recommended in the accompanying ‘Schedule of Modifications’.

 

The Council is advised that, should it decide to adopt the Amendment for final approval, subject or not to any revised or additional modifications, that Amendment will then be provided accordingly to the Western Australian Planning Commission/Hon. Minister for Planning with a request for formal endorsement and gazettal.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

The implementation of the Officer Recommendation will require the deferment of any formal consideration for final approval of the Amendment by the Council until April 2016.   


 

OFFICER RECOMMENDATION

 

That the Council :

 

1.    Defers consideration of Omnibus Amendment No. 1 for final approval until April 2016, in order to allow the Council to formally consider the outcomes of a Special Electors’ Meeting convened for 1 March, 2016 and any other relevant matters before proceeding with final consideration of the amendment.

  


Council                                                                                      197                                                                  9 March 2016

12.             Engineering and Works Services Report

Nil

13.             Community and Commercial Services Report

Nil

14.             Finance and Corporate Services Report

14.1           LOCKE ESTATE VACANT LEASEHOLD SITE (ASSESSMENT OF EXPRESSIONS OF INTEREST AND PROPOSED LEASE AGREEMENT)

SUBJECT INDEX:

Leases and Agreements

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Corporate Services

ACTIVITY UNIT:

Property and Compliance Services

REPORTING OFFICER:

Property Coordinator - Ann Strang

AUTHORISING OFFICER:

Director, Finance and Corporate Services - Matthew Smith

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   Plan of Leased Premises

Attachment b    Standard Locke Estate Lease

Attachment c    Confidential EOI Evaluation and Recommendation Report  

  

PRÉCIS

 

Campsite 16 at the Locke Estate became vacant in September 2015 following the Australian Medical Procedures Research Foundation Limited’s (Fresh Start) successful submission to lease campsite 14, and their resultant surrender of their lease of campsite 16. 

 

The City advertised campsite 16 through an Expression of Interest (EoI) process which commenced in September 2015 and closed on the 16 December 2015.  A total of 3 submissions were received.

 

This report outlines the EoI assessment process undertaken by City officers and makes a recommendation on the preferred proponent for consideration of Council.

 

BACKGROUND

 

Reserve 22674, Lot 5303, Caves Road, Siesta Park also known as the Locke Estate is an 'A class' crown reserve vested with the City for the designated purpose of ‘Recreational Camp Sites and Group Holiday Accommodation’. 

 

The Locke Estate consists of 16 campsites that are managed and operated by various not-for-profit organisations through leases entered into with the City of Busselton. When the leases expired on 30 November 2011, thirteen of the lessees renewed their lease for up to 21 years.  Two lessees relinquished their sites and another remained vacant, leaving three sites available for lease. The City sought Expression of Interests (EoI) from not for profit organisations for the vacant sites. 

 

On 11 July 2012, the Council resolved (C1207/178) to enter into leases with St Mary’s Community Care: for the Nurture Works BUZ (Build up Zone) for campsite 7; Regional Kids Inc and Workpower Inc. as joint tenants for campsite 12 and Australian Medical Procedures Research Foundation Limited (Fresh Start) for campsite 16.

 

In November 2013, the City received written notice from the Lake Jasper Project Aboriginal Corporation (Lake Jasper), one of the original thirteen lessees, of their intention to surrender their lease of campsite 14, on expiry of their first term.  In 2011, at the time of entering into a new lease Lake Jasper was offered an initial 2 year term with a 19 year option.  The 2 year term expired on the 30 November 2013 and, although Lake Jasper had been working toward achieving compliance with various lease conditions imposed, they gave notice of their intention to vacate the site, thus relinquishing the further option. 

 

Once vacated, the City advertised the site through an EoI. Fresh Start, the lessee of campsite 16 were successful in their application and on the 25 March 2015, the Council resolved (C1503/072) to enter into a lease with them and to simultaneously accept the surrender of their lease of campsite 16.    Fresh Start surrendered their lease of campsite 16 in early September 2015 and the City commenced an EoI process for the site. 

 

Applications to lease a Locke Estate site are assessed against a set of detailed selection criteria designed to assess a prospective lessees’ ability to meet the lease purpose and terms relevant to a Locke Estate campsite.  These selection criteria were reviewed in June 2015.  Essential compliance criteria which must be satisfied prior to an application being assessed were also determined in this review. 

 

A report was presented to Council on 10 June 2015 detailing three essential compliance criteria that must be met prior to any assessment, being;

 

1.            All future lessees are required to be a ‘not for profit’ incorporated body with either           charitable, religious, cultural, recreational, sporting or other benevolent like nature    objectives, and their constitution must prohibit members of the organisations being        entitled or permitted to receive a pecuniary profit from the organisation.

 

2.            Any proposal for use of the site by a future lessee must meet one or more of the following            purposes:

               

                (i)            Groups participating in organised educational, cultural, religious or recreational                                  activities and/or;

                (ii)           Financially disadvantaged persons who are otherwise not able to afford a holiday                              and/or;

                (iii)          Individuals or families requiring respite.

 

                With the exception of the provision of temporary accommodation for people involved with           or contracted to manage, improve and/or maintain the site, short stay holiday                 accommodation must not be made available to the general public.    

 

3.            If a development proposal is part of the submission it must be generally capable of being               carried out given site constraints and requirement; including coastal setbacks and    environment constraints etc.

 

The report also made recommendations on selection criteria to be used in the assessment of any future submissions.   Council resolved (C1506/155) the following;

 

That the Council:

 

                Adopts the following set of standard selection criteria to be used to assess proposals in    respect of Locke Estate (Reserve 22674) Lease sites which become available:

 

                CRITERIA ONE: THE ORGANISATION’S ACTIVITIES AND PURPOSE

                 Weighting = 40%

 

                (a)          An assessment of the objectives of the organisation and the services it delivers and                            the extent to which they meet the objectives of the prescribed uses set out in the                        standard Locke Estate Lease.

                (b)          An assessment of what the site is proposed to be used for and any services to be                                  provided and how these meet the objects of the prescribed uses set out in the                                       standard Locke Estate Lease.

                (c)           An assessment of who will benefit from the proposal and the extent of benefit                                      provided.

                (d)          The extent to which the proposal would add value to the general social wellbeing of                           the community or would otherwise benefit the community.

 

                CRITERIA TWO: THE PROPOSED DEVELOPMENT AND USE OF THE SITE

                Weighting = 30%

 

                (a)          An assessment of the concepts and plans of what is proposed to be done on the site                           including any development proposals for the site, and the extent to which this will                              help to meet the organisation’s objectives for the site and support its use for the                            designated lease purposes.

                (b)          An assessment of the extent to which any proposed use of the site complies with                                 and/or takes into account the environmental and other land use factors affecting the                       site and otherwise meets the requirements of any relevant law.

                (c)           An assessment of the information the organisation provides as to how it intends to                            deliver any proposed services/programs from the site and otherwise proposes to                                 manage the site in accordance with standard lease requirements.

 

                CRITERIA THREE: THE ORGANISATION’S MANAGEMENT AND FINANCIAL CAPABILITY

                Weighting = 30%

 

                (a)          An assessment of information provided in relation to proposed key personnel                                        (persons or positions) their qualifications and/or experience as relevant to their                                   proposal.

                (b)          An assessment of the association’s previous experience and success in managing                                other properties or otherwise carrying out uses/developments and/or providing                                              services of the type proposed.

 

                An assessment of the organisation’s financial resources and/or financial ability and plan to             deliver   the proposal which it has submitted. In order to assess this criteria information will    need to be provided through a statement of the organisations financial capacity and      resources from a suitably qualified person and this should also detail the extent to which the      proposal is dependent on grant funding and the status of that funding and/or organisations    belief of its capacity to achieve that grant funding and the basis for that belief.”

 

These selection criteria were used in the EoI process for campsite 16.

 

City officers conducted an information session and open day on Friday 16 October 2015 as part of the process where interested parties were provided with details of the obligations that would be imposed on them.  This included matters such as coastal protection, conservation management and obligations relating to the use of the site. 

 

The EoI closed on Wednesday 16 December 2015.  A total of 3 submissions were received.  A summary of the submissions is set out in the Officer Comment section of this report. Further details of the submissions are set out in the confidential attachment to this report. 

STATUTORY ENVIRONMENT

 

Section 3.54 of the Local Government Act 1995 (the ‘Act’) empowers the City to control and manage reserve land vested in it or placed under its control.  Reserve 22674, Lot 5303, Deposited Plan 220583 Volume LR3088 Volume 423 known as the "Locke Estate" is vested with the City of Busselton with the power to lease for any term not exceeding 21 years for the designated purpose of "Recreational Camp Sites and Group Holiday Accommodation" subject to the consent of the Minister for Lands.

 

The objects and purposes of any association which would be considered eligible to lease a site of the Locke Estate are such that they should always be exempt from the land disposition requirements of section 3.58 of the Act.  There is therefore no particular statutory requirement which the City’s EoI process must meet.  The key legal requirement impacting on the selection criteria is the need to ensure any site is used for a purpose which is consistent with the designated purposes under the Reserve Management Order.

 

RELEVANT PLANS AND POLICIES

 

Nil

 

FINANCIAL IMPLICATIONS

 

The rent will be $2500 per annum plus GST with annual rent increases of CPI or 3%, whichever is greater.  This is the same rent which was applied to campsite 14, the most recently leased site.  A contribution of $4000 per annum from the Lessee for coastal protection works for up to a maximum of 12 years is also required. 

 

Long-term Financial Plan Implications

 

Nil

 

STRATEGIC COMMUNITY OBJECTIVES

 

             The recommendation to enter into a lease with the preferred proponent aligns with the following              City of Busselton strategic priorities:

 

             Key Goal Area 1: Caring and Inclusive Community;

 

·              A community that provides opportunities for youth to learn, grow, work and become health         adults.

 

             Key Goal Area 2: Well Planned, Vibrant and Active Places:

 

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

 

RISK ASSESSMENT

 

There are no identified risks of a medium or greater level associated with the officer recommendation. 

 


 

CONSULTATION

 

The EoI process included an information day where City Officers provided interested parties with information about leasing, coastal protection, environmental health, fire management and rates.     

 

The City also extended an invite to the unsuccessful proponents of the EoI for Campsite 14 to resubmit their Expression of Interest for Campsite 16.  One proponent accepted the offer.

 

OFFICER COMMENT

 

The period for EoI opened in September 2015 and closed on 16 December 2015.  A total of 3 submissions were received and the proponents and their proposals are summarised below:

 

The Church of Jesus Christ of Latter Day Saints

 

The organisation’s proposal related to a campground for youth and their families within the Churches membership and the community.  The information provided was limited.  The proposal was submitted without copies of the organisation’s structure, certificate of incorporation or their Constitution which meant the submission did not comply with the minimum documentation requirements of the EOI and it was therefore not assessed any further.

 

Legacy Fund of Perth Incorporated (Legacy)

 

Legacy are the lessees of the adjoining campsite with their proposal including the option for campsite 15 and 16 to work in conjunction with each other.  Their submission discusses two options for the campsite, one of which they have requested remain confidential as it is in an early conceptual stage and involves other stakeholders.  This proposal is detailed in the Confidential Attachment ‘C’ on page 7, but the proposed development includes communal facilities, conference room and up to 15 eco-style tents or chalets.

 

Their alternative proposal is an extension to their existing operations on campsite 15, primarily to provide accommodation and activities for respite purposes of the families of incapacitated and deceased ADF veterans. 

 

Grand Lodge of Western Australian Freemasons Homes for the Aged Incorporated trading as Masonic Care WA (MCWA)

 

MCWA provides accommodation in various forms such as social housing rental villages, retirement villages and aged care facilities.  Their accommodation providing’s are located throughout Western Australia, catering for over 1200 West Australians.   Predominantly they are seeking through their proposal to minimise the instances and effects of social isolation in the elderly, with their intent being to provide disadvantaged residents living in their social housing and retirement villages the opportunity to holiday in Busselton.

 

The proposed development of the site includes a single building comprising of a conference area and dormitory style accommodation, along with associated parking and an outdoor entertaining area.  

 

The Process

 

In accordance with the published EoI document, the submissions were objectively assessed by City Officers against the selection criteria outlined in the background of this report.  A panel of officers from appropriate disciplines within the organisation carried out an independent assessment of each submission with the result of those assessments contained in the Confidential Attachment ‘C’ on page 5.  

This process resulted in the submission from MCWA being recommended.   The detailed evaluation of the submissions is within the Confidential Attachment.  Below is a summary of MCWA’s submission as assessed against each of the selection criteria and why it ranked highest overall.

 

Criteria One: The Organisation’s Activities and Purpose

 

MCWA’s submission addressed each aspect of this criteria; their aim being to provide temporary accommodation for respite for elderly residents living in their retirement villages and care units throughout WA.   The organisational objectives and services to be delivered by MCWA meet more than one of the prescribed uses expressed in the lease.

 

A key focus of their business model is to minimise the instances and effects of social isolation in the elderly by organising active social groups, fitness groups and classes as well as special events.   The campsite would facilitate these activities and assist residents to integrate and meet people.  

 

The site is also proposed to be used for accommodation in conjunction with seminars, workshops and development programmes for their Freemason members and their associated charitable partners.  They specifically noted that holiday accommodation would not be provided to the general public. 

 

Their submission ranks highly from a community development perspective and it is considered that the applicant can offer a worthy service to our ageing community.

 

The Legacy submission addressed the criteria to some extent, and whilst the proposal would benefit the wider community, it did not overall align as strongly with the reserve purpose or the prescribed uses in the Locke Estate lease.

 

Criteria Two: The Proposed Development and Use of the Site

 

MCWA’s development proposal includes short stay accommodation being of modular construction.  The accommodation would be dormitory style with associated amenities and a kitchen facility for around 30 people.   A basic plan was submitted.  Although not a detailed plan it shows all proposed development along with the associated car parking as being contained within the development zone of the lease, thus having no or minimal impact on the coastal setback zone and conservation zone.  There is no proposal for caravan or camping on the site.

 

The submission demonstrated a very sound understanding of the terms of the lease, planning and building requirements.  The site layout and development size is considerate of the environment and there is likely to be minimal changes, if any, required to the plan were they to be successful in securing the site. 

 

In comparison, there are some concerns about the suggested density of Legacy’s proposed development which would need to be worked through should they be offered the lease. This could also potentially impact on the size of the project and its viability.

 

Both submitters provided limited detail as to how they intend to deliver proposed services or programs from the site. 

 

Criteria Three: The Organisation’s Management and Financial Capability

 

Both MCWA and Legacy demonstrated a good level of management expertise.  The MCWA own and manage a number of retirement villages and aged care facilities throughout WA.  They have experienced key personnel and board in terms of management structure, which in turn would oversee the management of the campsite.  Legacy have managed and maintained their existing campsite for over 50 years.  Their partnership with the City in this regard has been a very amicable one. 

 

Neither proponent provided detailed costings of their proposed development.   However, considering the financial information provided in the MCWA submission, their proposal is well within their financial capabilities.   They would not be reliant on grant funding to be able to meet the lease obligations in terms of development and completion timeframes. 

 

Legacy on the other hand have noted in their submission that grant funding would be necessary for the success of their preferred submission.  With regards to their alternate proposal, they have demonstrated good financial standing and the financial ability to use campsite 16 as an extension to their existing campsite. 

 

Both organisations confirmed that they would be in a position to complete construction within three years of the lease commencement.  However, due to Legacies preferred option being reliant on funding there was some concern that the project may not be developed to the extent as noted in their submission within this timeframe.

 

CONCLUSION

 

Based on the panel evaluation of each submission against the stated selection criteria, it is recommended that the lease for Campsite 16 at Locke Estate be offered to MCWA.

 

The MCWA submission ranks highly from a community development perspective with the proposal aiming to provide for the aged and disadvantaged, by offering respite to elderly and disadvantaged residents.  The objectives and intent of the organisation also align with the City's Strategic Community Plan.

 

As can be seen from the scores in the confidential attachment both submissions have merit but MCWA’s submission ranked the highest.  The principal reason for this is because their proposal is more consistent with the permitted purpose of the reserve, the prescribed use of the lease and their concept fits well within the area available for development. 

 

There will be obvious disappointment expressed by Legacy but if Council are comfortable with the recommendation to grant to a lease to MCWA then Legacy could still potentially instigate a similar, albeit smaller, project to that proposed in their submission on their existing site. 

 

OPTIONS

 

Council may elect not to endorse the Officer recommendation and consider the following alternatives:

 

1.            Resolve not to offer a lease to the recommended proponent and instead choose another               proponent;

 

2.            Resolve not to offer a lease to any of the proponents.

 

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

 

A lease agreement would be forwarded to the Minister for Lands for consent by 31 March 2016.  It is anticipated that the signing of the lease agreement would be on or before 1 June 2016.  MCWA would then be required to submit a development application within 12 months of the commencement date.

 

OFFICER RECOMMENDATION

 

That the Council:

 

1.            Enter into a lease with the Grand Lodge of Western Australian Freemasons Homes for the             Aged Incorporated trading as Masonic Care WA subject to the consent of the Minister for          Lands for the occupation of a portion of Reserve 22674, Lot 5303, Deposited Plan 220583,     Volume LR3088 Folio 423, Caves Road, Siesta Park as indicated in Attachment ‘A’, subject to              the following;

 

                a)            The lease being consistent with the City’s standard Locke Estate Lease Agreement at                        Attachment B;

 

                b)            The term of the lease commencing no later than 1 June 2016 and expiring on the 30                         November 2032; 

 

                c)            The annual rent to commence at $2500.00 plus GST with annual rent increase of CPI                        or 3% whichever is greater;

 

                d)            As per Council Resolution C1007/271, for the first 12 years of the term of the lease                           (or a lesser period of time if so determined by a future Council Resolution), the                                          lessee is required to pay Council $4,000 per annum to be placed in an interest-                                       bearing Reserve for future coastal works adjoining the Locke Estate (with any                                           unspent funds to be returned to the lessees); and

 

                e)            All costs for the preparation of the lease to be met by the Lessee.

 


Council

205

9 March 2016

14.1

Attachment a

Plan of Leased Premises

 


Council

207

9 March 2016

14.1

Attachment b

Standard Locke Estate Lease

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council                                                                                      267                                                                  9 March 2016

15.             Chief Executive Officer's Report

15.1           COUNCILLORS' INFORMATION BULLETIN

SUBJECT INDEX:

Executive Services

STRATEGIC OBJECTIVE:

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

BUSINESS UNIT:

Executive Services

ACTIVITY UNIT:

Executive Services

REPORTING OFFICER:

Reporting Officers - Various   

AUTHORISING OFFICER:

Chief Executive Officer - Mike Archer

VOTING REQUIREMENT:

Simple Majority

ATTACHMENTS:

Attachment a   State Administrative Tribunal Appeals as at 18 February 2016

Attachment b    Lord Mayor's Distress Relief Fund - Letter of Appreciation

Attachment c    Shire of Harvey - Letter of Appreciation  

  

PRÉCIS

 

This report provides an overview of a range of information that is considered appropriate to be formally presented to the Council for its receipt and noting. The information is provided in order to ensure that each Councillor, and the Council, is being kept fully informed, while also acknowledging that these are matters that will also be of interest to the community.

 

Any matter that is raised in this report as a result of incoming correspondence is to be dealt with as normal business correspondence, but is presented in this bulletin for the information of the Council and the community.

 

INFORMATION BULLETIN

15.1.1    State Administrative Tribunal (SAT) Appeals

 

Attachment A is a list of the current State Administrative Tribunal Appeals involving the City of Busselton as at 18 February 2016.

15.1.2    Lord Mayors Distress Relief Fund – Letter of Appreciation

 

Correspondence has been received from the Lord Mayors Distress Relief Fund and is available to view in Attachment B.

15.1.3    Shire of Harvey – Letter of Appreciation

 

Correspondence has been received from the Shire of Harvey and is available to view in Attachment C.

15.1.4    Bay to Bay Newsletter – Email of Appreciation

 

Correspondence has been received from Mr Ed King in response to the February Bay to Bay newsletter and is detailed below.

 

Busselton ,

 

As a former resident of Busselton from 1966 to 1990 and still visiting regularly as my mother still resides there. I have seen a lot of developments and changes in that time. I would like to commend the current council for the way they are going about changes being made. You should all be commended for the fantastic job you are doing as Busselton is truly a special place both in my heart and in the hearts of all who have visited and stayed in the town.

Regards

 

Ed King

 

OFFICER RECOMMENDATION

 

That the items from the Councillors’ Information Bulletin be noted:

·    15.1.1              State Administrative Tribunal (SAT) Appeals

·    15.1.2              Lord Mayors Distress Relief Fund – Letter of Appreciation

·    15.1.3              Shire of Harvey – Letter of Appreciation

·    15.1.4              Bay to Bay Newsletter – Email of Appreciation

 


Council

269

9 March 2016

15.1

Attachment a

State Administrative Tribunal Appeals as at 18 February 2016

 

 (Note:  All applications (excluding WAPC matters) are managed by the legal services section of Finance and Corporate Services in conjunction with the responsible officer below.)

 

As at 18 February 2016

APPEAL (Name, No. and Shire File Reference)

DATE COMMENCED

DECISION APPEAL IS AGAINST

RESPONSIBLE OFFICER

 

STAGE COMPLETED

NEXT ACTION AND DATE OF ACTION AS PER SAT ORDERS

DATE COMPLETED / CLOSED

Eichenberg vs City of Busselton

December 2014

Appeal against Section 214(2) and 214(3) Notices issued on 17 December 2014 for the removal of all illegal structures and cease the use of the land for raves and functions.

Jo Wilson/Cobus Botha

Mediation on 20 November 2015 which resulted in following orders being made:

·     Applicant to engage an accredited fire specialist to prepare a Bushfire Fire Management Plan.

·     All notices have been stayed pending consideration of the BFMP.

·      Mediation scheduled for 6 April 2016

 

Harmanis Holdings Pty Ltd V city of Busselton

Sept 2014

Appeal against a 204(3) notice to revegetate the fire track.

Anthony Rowe/Cobus Botha

·      Directions Hearing on 20 November 2015; agreed that the notice be stayed pending further discussion between the applicant and the City upon agreed extent of vegetation rehabilitation.

·      Development application submitted for creek crossing and amended Fire Management Plan.

·      Directions Hearing scheduled for 26 February 2016

 

Lee V’s City of Busselton

June 2015

Appeal against Demolition Order

James Washbourne/ Cobus Botha

·      Mediation on 14 September 2015; agreed that the applicant would submit a revised building application within 3 months (24 December 2015); and within 4 months after approval make a substantial start with practical completion in 12 months

·      A Building Permit was approved on 22 December 2015.

·      Building work commenced on 23 January 2016.

·      Directions Hearing scheduled for 22 March 2016

 

DCSC v Southern JDAP

January 2016

Appeal against refusal of Development application

State Solicitors Office/Anthony Rowe/Paul Needham

·      Parties to circulate documents categorising the land use within 14 days.

·      Land use to be determined by SAT.

·      Mediation to be scheduled following SAT determination.

 

 


Council

271

9 March 2016

15.1

Attachment b

Lord Mayor's Distress Relief Fund - Letter of Appreciation

 


Council

271

9 March 2016

15.1

Attachment c

Shire of Harvey - Letter of Appreciation

 

 


Council                                                                                      273                                                                  9 March 2016

16.             Motions of which Previous Notice has been Given

Nil  

17.             Confidential Reports  

The reports listed below are of a confidential nature, in accordance with section 5.23(2) of the Local Government Act 1995. These reports have been provided to Councillors, the Chief Executive Officer and Directors only.

RECOMMENDATION

 

That the meeting is closed to members of the public to discuss the following items which are confidential for the reasons as shown.

17.1           BUSSELTON CENTRAL SHOPPING CENTRE REDEVELOPMENT PROJECT

This report contains information of a confidential nature in accordance with Section 5.23(2(e)(ii) of the Local Government Act 1995, as it contains information relating to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government

 

18.             Questions from Members  

19.             Public Question Time

20.             Next Meeting Date

Wednesday, 23 March 2016

21.             Closure