COB-RGB

 

 

 

 

Council Agenda

 

 

 

8 September 2021

 

 

 

 

 


ALL INFORMATION AVAILABLE IN VARIOUS FORMATS ON REQUEST

city@busselton.wa.gov.au

 

 


CITY OF BUSSELTON

MEETING NOTICE AND AGENDA – 8 September 2021

 

 

 

TO:                  THE MAYOR AND COUNCILLORS

 

 

NOTICE is given that a meeting of the Council will be held in the Council Chambers, Administration Building, Southern Drive, Busselton on Wednesday, 8 September 2021, commencing at 5.30pm.

 

Your attendance is respectfully requested.

 

 

DISCLAIMER

Statements or decisions made at Council meetings or briefings should not be relied on (or acted upon) by an applicant or any other person or entity until subsequent written notification has been given by or received from the City of Busselton. Without derogating from the generality of the above, approval of planning applications and building permits and acceptance of tenders and quotations will only become effective once written notice to that effect has been given to relevant parties. The City of Busselton expressly disclaims any liability for any loss arising from any person or body relying on any statement or decision made during a Council meeting or briefing.

 

 

 

Mike Archer

 

CHIEF EXECUTIVE OFFICER

 

27 August 2021


CITY OF BUSSELTON

Agenda FOR THE Council MEETING TO BE HELD ON 8 September 2021

TABLE OF CONTENTS

 

ITEM NO.                                        SUBJECT                                                                                                                              PAGE NO.

1....... Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors. 5

2....... Attendance. 5

3....... Prayer. 5

4....... Application for Leave of Absence. 5

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

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

7....... Question Time For Public. 5

8....... Confirmation and Receipt Of Minutes. 6

Previous Council Meetings. 6

8.1          Minutes of the Council Meeting held 24 August 2021. 6

Committee Meetings. 6

8.2          Minutes of the Airport Advisory Committee held 18 August 2021. 6

8.3          Minutes of the Policy and Legislation Committee Meeting held 24 August 2021. 6

9....... RECEIVING OF Petitions, Presentations AND DEPUTATIONS. 6

10..... QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION). 6

11..... Items brought forward for the convenience of those in the public gallery. 6

12..... Reports of Committee. 7

12.1        Airport Advisory Committee - 18/8/2021 - BUSSELTON MARGARET RIVER AIRPORT - AIRPORT UPDATE. 7

12.2        Policy and Legislation Committee - 24/8/2021 - REALIGNMENT OF KING STREET AND BROWN STREET BEACH DOG MANAGEMENT AREAS. 16

12.3        Policy and Legislation Committee - 24/8/2021 - REVIEW OF COUNCIL POLICY: RISK MANAGEMENT. 26

13..... Planning and Development Services Report. 35

14..... Engineering and Work Services Report. 36

14.1        RFT 07/21 - STREET AND DRAIN CLEANING SERVICES. 36

15..... Community and Commercial Services Report. 40

16..... Finance and Corporate Services Report. 41

16.1        2021 REVIEW OF COMMITTEES, WORKING GROUPS AND TERMS OF REFERENCE. 41

16.2        BUSSELTON PERFORMING ARTS AND CONVENTION CENTRE - CONSULTATION OUTCOMES. 88

17..... Chief Executive Officers Report. 89

17.1        COUNCILLORS' INFORMATION BULLETIN.. 89

18..... Motions of which Previous Notice has been Given.. 106

19..... urgent business. 106

20..... Confidential Matters. 106

21..... Closure. 106

 


Council                                                                                      4                                                             8 September 2021

 

1.               Declaration of Opening, ACKNOWLEDGEMENT OF COUNTRY and Announcement of Visitors

 

2.               Attendance 

Apologies

Approved Leave of Absence

 

Nil

 

3.               Prayer

 

4.               Application for Leave of Absence

 

5.               Disclosure Of Interests

 

6.               Announcements Without Discussion

Announcements by the Presiding Member

 

7.               Question Time For Public

Response to Previous Questions Taken on Notice

Public Question Time For Public


 

8.               Confirmation and Receipt Of Minutes 

Previous Council Meetings

8.1             Minutes of the Council Meeting held 24 August 2021

Recommendation

That the Minutes of the Council Meeting held 24 August 2021 be confirmed as a true and correct record.

 

Committee Meetings

8.2             Minutes of the Airport Advisory Committee held 18 August 2021

Recommendation

That the Minutes of the Airport Advisory Committee Meeting held 18 August 2021 be noted.

 

8.3             Minutes of the Policy and Legislation Committee Meeting held 24 August 2021

Recommendation

That the Minutes of the Policy and Legislation Committee Meeting held 24 August 2021 be noted.

 

9.               RECEIVING OF Petitions, Presentations AND DEPUTATIONS

Petitions

Presentations

Deputations

 

10.             QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

 

11.             Items brought forward for the convenience of those in the public gallery


Council                                                                                      15                                                           8 September 2021

12.             Reports of Committee

12.1           Airport Advisory Committee - 18/8/2021 - BUSSELTON MARGARET RIVER AIRPORT - AIRPORT UPDATE

STRATEGIC THEME

OPPORTUNITY - A vibrant City with diverse opportunities and a prosperous economy.

STRATEGIC PRIORITY

3.4 Develop aviation opportunities at the Busselton Margaret River Airport.

SUBJECT INDEX

Airport Operations

BUSINESS UNIT

Commercial Services

REPORTING OFFICER

Airport Operations Coordinator - David Russell

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Nil

 

This item was considered by the Airport Advisory Committee at its meeting on 18/8/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION

That the Airport Advisory Committee receives and notes the Airport Operations Report.

 

OFFICER RECOMMENDATION

That the Airport Advisory Committee receives and notes the Airport Operations Report.

 

EXECUTIVE SUMMARY

This report provides an overview of the operations and activities of the Busselton Margaret River Airport (BMRA) for the reporting period 1 July 2020 - 30 June 2021. This includes an update on passenger numbers, aircraft landings, and actions relating to COVID-19 and general airport operations.

 

BACKGROUND

Focus in the 2020/21 financial year centred on the preparation for the commencement of Jetstar Regular Passenger Transport (RPT) services between Melbourne and Busselton. This has resulted in increased regulatory requirements, with the BMRA upgrading from a security classified category 6 to tier 2 airport and the implementation of a new Transport Security Program.

As a result of the COVID-19 pandemic, and Federal and State Government restrictions, the launch of the RPT services has been deferred on five occasions with a revised commencement date of 1 September 2021, dependent on COVID-19 travel and interstate border restrictions being lifted. 

Passenger Numbers

During the 2020/2021 financial year, the airport has seen a significant increase in the overall passenger numbers totalling 40,469 compared to 26,496 passengers for 2019/2020. This can be attributed to an increase in the overall number of fly-in-fly-out (FIFO) passengers and an increase in private charter operations which saw 1,223 ad hoc passengers pass through the BMRA in 2020/21 compared to 241 passengers for 2019/20.

 

                                                                     

               

                                  

 

Aircraft Movements

A total of 3,267 aircraft landings were recorded for the reporting period, an increase of 690 landings for the same period in 2019/20 (2,577). The increase can be attributed to:

·        FIFO charter aircraft landings (over 30,000kg category) rising from 537 in 2019/20 to 905 in 2020/21;

·        Firefighting aircraft landings of 76 in 2019/20 compared to 230 in 2020/21; and

·        The Busselton Aeroclub’s increased activity of 94 landings.

 

The total number of FIFO services using BMRA is currently 15 flights (30 movements) per week utilising the F100 and A320 aircraft with two new F70 services expected to commence on Thursday 19 August 2021.

 

             

                  

 

The increase in emergency services landings is mainly due to firefighting water bomber and fire spotter aircraft operations. The table below includes all emergency service operations including approved training flights for emergency services.

 

       

 


 

Carpark

There are currently 831 car park patrons using the FIFO swipe card system, with an average of 234 vehicles utilising the car park per day for the period 1 January – 31 June 2021.  The highest number of vehicles parked on one day has been 348 (recorded on 22 June) out of an available 422 bays. 

 

Operations

The focus for the reporting period has been on:

·        The continued operational readiness for Jetstar’s Melbourne to Busselton RPT service.

·        CASA and Home Affairs surveillance audits.

·        Preparation of new BMRA Aerodrome Manual submitted to CASA in early December for review, with approval and issue of the new Aerodrome Certificate received in April.

·        Establishment of DFES operations and re-fuelling support of firefighting aircraft.

 

As at 12 January 2021, the West Australian Government introduced a directive under the Emergency Management Act 2005 (WA) for all persons entering Airport terminal facilities to wear face masks.  A further amendment, Number 3 Contact Register Directions, was implemented on 22 July 2021 requiring all persons entering an airport terminal to register via a QR code or manual registration.

 

Signage has been placed on the terminal entry doors and when there are no scheduled flights, the terminal doors are locked to prevent access.  QR codes and registers have been placed in both the terminal and arrivals hall. 

 

Hangar Leases

Hangar leases and hire agreements by emergency services and private operators continue to occupy 10 of the 12 hangars owned by the City of Busselton. The remaining two hangars are being used to store aircraft ground servicing equipment and airport maintenance equipment owned by the City and the ground handling operator. City officers will continue to liaise with emergency services and aircraft owners to secure interest in the existing hangars and new general aviation precinct.

 

International Alternate Airport

In March 2019, BMRA was designated as an alternate international airport by the Department of Infrastructure, Regional Development and Communications. This allows international aircraft to land at the BMRA when Perth Airport is unavailable due to inclement weather or closure. The City has granted approval for the Qantas Group and Virgin Australia to use BMRA as an alternate to Perth Airport for domestic operations only at this stage. The City has also approved two freight carriers to use BMRA as an alternate on three occasions on an ad hoc basis for operations into Perth airport.

Aviation Projects has been engaged to further assess the opportunity with selected international airlines, with initial feedback proving positive.  Ongoing dialogue will continue and a final report will be provided to the City by the end of October.

Regional Airports Development Scheme (RADS) Grant 2019-21

The Department of Transport (DoT) has been developing an asset and financial management framework for all Western Australian Airports to implement. The Strategic Airport Assets and Financial Management Framework (Framework) aims to enable a consistent, transparent and documented approach to the management of airports across Western Australia. The City of Busselton has been allocated up to $50,000 (exc. GST) for the development of this framework however DoT has been delayed in providing the framework templates used for the project. DoT expect to release the templates and funding agreement in August 2021.

 

Regional Airports Development Scheme (RADS) Grants 2021-23

The DoT RADS 2021-23 Scheme includes a COVID-19 stimulus initiative to support the State’s COVID-19 economic recovery. RADS funding will cover up to 75% of the total eligible project cost for successful projects that can be completed prior to 31 December 2021.  The City received the funding agreement on 19 May 2021 for the completion of general aviation (GA) precinct fencing to allow airside/landside access for future hangar owners/tenants. It is anticipated that the funding for this project will be split 50:50 with the Federal government under the below Regional Airports Program (RAP) Round 2.

Regional Airports Program (RAP) Round 2 grant opportunity

Applications for the Department of Infrastructure, Transport, Regional Development and Communications RAP Round 2 grant funding program closed on 18 December 2020. The key objective of the RAP is to improve the safety and accessibility of airports or aerodromes in regional areas by assisting aerodrome owners/operators to undertake essential works, promoting aviation safety, and enhancing access for regional communities. As the City falls under the category of an Australian local government agency or body and the total project cost is equal to or less than $300,000, Federal funding will cover up to 100% of eligible project costs.

The City has been successful to receive funding under this program for:

·        Relocation of the Royal Flying Doctor’s Service (RFDS)/St Johns transfer station from the central apron to the emergency services precinct. The total cost of this project is $188,665.

·        Extension of the central apron northern shoulders to facilitate extended taxiing guideline markings and apron edge clearance for A320 and B737 aircraft utilising bay 11 for RPT operations. Total cost of this project $88,100.

·        Completion of a general aviation (GA) precinct fencing to allow airside/landside access for future hangar owners/tenants to the value of $23,235. Funding for this project will be split 50:50 with the State Government under the above Regional Airports Development Scheme 2021-23 (RADS).

 

City officers have received and replied to the above funding RAP agreements and are now awaiting confirmation of funding conditions.

Domestic Airports Security Costs Support Program (DASCS)

The City of Busselton was invited to apply and was accepted for the DASCS grant funding program earlier in the year. The program announced on 11 March 2021 as part of the Australian Government’s Tourism and Aviation's flight path to recovery support package aims to support regional airports with security screening costs. The funding program period was originally from 29 March to 30 September 2021 however the Federal Government announced on 3 August 2021 that the program will be extended to 31 December 2021.

The Program will reimburse Grantees for eligible costs associated with passenger and baggage security screening operations required under the Regulations with a maximum grant amount for the BMRA of $300,000.

The City of Busselton has now entered into a funding agreement to receive the support funding which will extend from the commencement of the first RPT service through to the 31 December 2021.

 

 

OFFICER COMMENT

FIFO passenger numbers through the BMRA have increased significantly in comparison to previous years and officers expect passenger numbers to continue to increase as FIFO employment recruiting from the South West continues. The 15 flights per week currently operating are servicing RioTinto, with an additional two services per week set to commence this month to service BHP.

 

The increase and additional resource sector companies commencing services from BMRA, together with Busselton – Melbourne RPT services once commenced, could see passenger numbers increase to 60,000 this financial year.

 

Officers continue to liaise regularly with Jetstar executives and operations teams for the commencement of the Busselton - Melbourne flights expected on 1 September 2021. BMRA is operationally ready to commence RPT services with the exception of the security screening contractor’s team who need to be redeployed and complete final training.

 

Officers are continuing to liaise with the RAAF regarding the RAAF centenary which occurred on 31 March 2021. Officers are planning to host a BMRA Open Day on 7 November 2021 for the community to come and view the upgraded Airport facilities, and take the opportunity to invite the RAAF to celebrate their centenary at the same time. Officers will also invite the Busselton Aero Club to participate in the open day by hosting a general aviation ‘fly in’ and ground display of recreation and general aviation aircraft.

 

Busselton Margaret River Airport General Aviation (GA) Precinct

Officers advertised an expression of interest for hangar lot leases in the new GA precinct in 2019. While there was some interest shown, no lease agreements were entered into. Feedback from interested parties at the time indicated that capital funding for hangar construction was difficult to secure and there were concerns relating to the term of the leases (21 years) and no buy-back clauses for hangar infrastructure at the end of the lease term. As such City officers will advertise for expressions of interest to lease hangars at improved market rent value and on commitment of signing a lease which ensures that the City invests based on demand for hangars. Council (C2102/092) endorsed the allocation of $210,000 in the 2021/22 budget for the construction of up to three 10m x 15m sized GA hangars, noting that officers have been informed that construction costs for hangers has increased by 30% as of 1 August 2021 and lead times for delivery are now approximately 6 months.

 

Noise Management Plan Review

The BMRA currently operates under Ministerial Statement 1088 which was issued on 7 January 2019 (Statement) and the Busselton Margaret River Airport Noise Management Plan 2019 – Version 2 (NMP). The Statement determines that within three months of each three year period (from the date of issue of the Statement) a report is to be submitted to the CEO of the Environmental Protection Authority (EPA) which reviews the effectiveness of the NMP.  The report is to include but be limited to:

1.         noise monitoring results;

2.         noise amelioration assessments and/or implementation;

3.         number of complaints received and actions taken to resolve complaints;

4.         published flight paths to minimise impacts; and

5.         the findings of the review to determine the effectiveness of the Busselton Margaret River Airport Noise Management Plan.

The NMP further defines this review as being undertaken in conjunction with the Airport Advisory Committee and includes consultation with key stakeholders, including the community, industry, government agencies and airport users.

 

The Airport team in conjunction with the City’s Environmental Health team have been undertaking noise monitoring for the last two months and will use this information in the review, as well as information collected on flight approaches/departures and flight paths over the past 12 months, recorded complaints, and stakeholder feedback.

 

A report detailing the results of the review and effectiveness of the current NMP and any recommendations for amendments to the NMP will be presented to the Airport Advisory Committee in October 2021.

 

Terminal Advertising

The terminal expansion works completed in March 2020 in preparation for the Jetstar RPT services included the installation of an electronic advertising screen and static light boxes in the new Arrivals Hall. Advertising commenced on 1 June 2021 with nine companies / organisations booking advertising in three month slots. The electronic screen is operating with a 90% subscription rate and the two static light boxes are booked for the first three months with waitlists in place for future bookings.

 

Adventure Warbird Joy Flights

City officers have received a request from Outback Aviation Logistics Pty Ltd to approve an "Adventure Warbird" style joy flight service from BMRA on an "ad hoc" basis, based on the demand for that type of flight experience. The aircraft is a vintage 1968 Agusta-Bell 205A helicopter that is registered and conforms to all of the requirements imposed by the Civil Aircraft Safety Authority (CASA) and the Australian Warbirds Association. The pilot has been flying since 1990, both fixed wing and rotary aircraft in a commercial and recreational capacity all around the world. The aircraft will be stored in a hangar that is currently tenanted by another company until suitable hangarage can be obtained by the operator. The operator will need to comply with the conditions in the BMRA Noise Management Plan and has been requested to provide noise data and proposed schedules for operations based from the BMRA.

Statutory Environment

The BMRA operates in accordance with the following:

·        Aviation Transport Security Act 2004

·        Aviation Transport Security Regulations 2005

·        CASA Manual of Standards 139 (Aerodromes)

·        City of Busselton Transport Security Plan

·        Ministerial Statement 1088

·        City policies and procedures

Relevant Plans and Policies

The BMRA operates under the Busselton Margaret River Airport Noise Management Plan 2019.


 

Financial Implications

Operating income for 2020/21 financial year totalled $1,841,092, an increase of $165,292 than the projected annual budget of $1,675,800. There are a few factors contributing to this result with greater than expected revenue realised for:

·        landing fees  - $721,302 actual compared to $408,000 budgeted due to an increase in FIFO charter activity, military aircraft delivering materials for the DFES firefighting activities and ad hoc charter flights; 

·        hangar leases - $72,818 actual compared to $31,900 budgeted with increased interest in short term hangar leases;

·        airport sundry income - $54,247 actual compared to $800 budgeted resulting from ad hoc landside licences;

·        car parking - $402,576 actual compared to $381,500 budgeted; and

·        operating contributions - $123,000 actual compared to $50,000 budgeted which included marketing contributions from other local governments and grant funding allocations.

 

Noting that the year-end actual revenue received was also offset by a total of $350,687 in revenue not received in areas such as security screening ($162,350), passenger fees ($159,837) and car hire fees ($28,500) which can all be attribute to the delay of RPT services.

The 2020/21 financial year actual operating expenses of $1,583,734 (including depreciation) are lower than budgeted operating expenses of $3,302,571. The main variances between actual and budgeted expenditure can be attributed to the following not being expended due to the delay in RPT services; Airport screening services ($183,000), marketing and promotions ($1,441,667) and the airline attraction program ($211,000). Noting that actual depreciation expenses incurred totalled $767,989 compared to budgeted expense of $694,670. 

Stakeholder Consultation

Consultation has been occurring on a regular basis with Department of Transport, Government agencies, airport stakeholders, Department of Home Affairs, Aviation Marine Security (AMS), Civil Aviation Safety Authority (CASA), Air Services Australia, Virgin Australia Regional Airline, Qantas Group, the Busselton Aero Club, Albany, Esperance, Geraldton Airports and Australian Airports Association, concerning many topics and issues relating to the Airport.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

The Airport Advisory Committee may choose not to receive and note the Airport Operations Report.


 

CONCLUSION

The Airport team has had a busy financial year working with the firefighting aircraft and readiness for the commencement of RPT services and capital works projects. Unfortunately, due to the COVID-19 pandemic, commercial investment opportunities have slowed and is proving difficult for Officers to progress. As COVID-19 restrictions begin to lift within Australia and the aviation industry begins its recovery and airlines recommence operations, there will be potential for officers to market and attract various commercial and investment opportunities at the BMRA.

Officers will continue to provide a high level of customer service to ensure the airport is compliant, safe and security is maintained throughout.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Not applicable.

 


Council                                                                                      21                                                           8 September 2021

12.2           Policy and Legislation Committee - 24/8/2021 - REALIGNMENT OF KING STREET AND BROWN STREET BEACH DOG MANAGEMENT AREAS

STRATEGIC THEME

LIFESTYLE - A place that is relaxed, safe and friendly with services and facilities that support healthy lifestyles and wellbeing.

STRATEGIC PRIORITY

2.3 Provide well planned sport and recreation facilities to support healthy and active lifestyles.

SUBJECT INDEX

Animal Management

BUSINESS UNIT

Environmental Services

REPORTING OFFICER

Ranger & Emergency Services Coordinator - Ian McDowell

AUTHORISING OFFICER

Director, Planning and Development Services - Paul Needham

NATURE OF DECISION

Executive: Substantial direction setting, including adopting budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Map - Overview of the Brown Street Dog Management Area Boundary

Attachment b    Map - Overview of the King Street Dog Management Area Boundary

Attachment c    Map - Proposed Realignment of the Brown Street Dog Management Area Boundary

Attachment d   Map - Proposed Realignment of the King Street Dog Management Area Boundary  

 

This item was considered by the Policy and Legislation Committee at its meeting on 24/8/2021, the recommendations from which have been included in this report.

 

Committee RECOMMENDATION

That the Council:

1.         Resolves to adopt and implement after the giving of 28 days public notice, the following dog management areas:

(a)       Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the beach access path from the car park at Ford Road/Geographe Bay Road intersection to the wooden finger jetty approximately 90 metres east of Busselton Jetty (segment 6), as a seasonal dog exercise area;

(b)      Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the wooden finger jetty approximately 90 metres east of Busselton Jetty to the westernmost beach access steps between West and Gale Streets (segment 7), as a dog prohibited area;

(c)       Pursuant to section 31(3A) of the Dog Act 1976, the beach area from the westernmost beach access steps between West and Gale Streets to the beach access point at the eastern end of the King Street car park (segment 9), as a dog exercise area; and

(d)      Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the beach access point at the eastern end of the King Street car park to the beach access from the Margaret Street car park (segment 10), as a seasonal dog exercise area.

 

 

2.         Resolves to adopt the following with regard to the specified dog management areas in recommendation 1:

(a)       Beach areas, including the beach only (i.e. from the limit of ephemeral vegetation or the toe of the seawall to the low water marks only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorized as ‘Dogs Prohibited’, ‘Dog Exercise’ or ‘Seasonal Dog Exercise’ with those areas being defined as follows:

(i)        ‘Dog Prohibited’ area pursuant to s.31(2B)(a) of the Dog Act 1976 and means that dogs are prohibited at all times (except assistance dogs as defined in s.8 of the Dog Act 1976);

(ii)      ‘Dog Exercise’ area pursuant to s.31(2) of the Dog Act 1976 and means that dogs are permitted, including off-leash, at all times except when approved, organised events are taking place, wherein dogs are to be prohibited unless specifically permitted by the City (except assistance dogs as defined in s.8 of the Dog Act 1976); and

(iii)    ‘Seasonal Dog Exercise’ area pursuant to s.31(2B)(b) of the Dog Act 1976 and means dogs are prohibited between 9am and 5pm during the period 1 December to 28 February inclusive (except assistance dogs as defined in s.8 of the Dog Act 1976) but are otherwise permitted as per ‘Dog Exercise’ area as defined above.

 

3.         Notes the City will provide temporary signage for use by the Busselton Surf Life Saving Club during club and other approved public events, advising dogs are prohibited on the beach during such events.

 

Reasons:              The committee recommended temporary signage be provided to the Busselton Surf Life Saving Club that advises dogs are prohibited during club events.

 

OFFICER RECOMMENDATION

That the Council:

1.         Resolves to adopt and implement after the giving of 28 days public notice, the following dog management areas:

(a)       Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the beach access path from the car park at Ford Road/Geographe Bay Road intersection to the wooden finger jetty approximately 90 metres east of Busselton Jetty (segment 6), as a seasonal dog exercise area;

(b)       Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the wooden finger jetty approximately 90 metres east of Busselton Jetty to the westernmost beach access steps between West and Gale Streets (segment 7), as a dog prohibited area;

(c)       Pursuant to section 31(3A) of the Dog Act 1976, the beach area from the westernmost beach access steps between West and Gale Streets to the beach access point at the eastern end of the King Street car park (segment 9), as a dog exercise area; and

(d)       Pursuant to section 31(2B) of the Dog Act 1976, the beach area from the beach access point at the eastern end of the King Street car park to the beach access from the Margaret Street car park (segment 10), as a seasonal dog exercise area.

 

 

2.         Resolves to adopt the following with regard to the specified dog management areas in recommendation 1:

(a)       Beach areas, including the beach only (i.e. from the limit of ephemeral vegetation or the toe of the seawall to the low water marks only, and not including vegetated foreshore areas, beach access paths or car parks) to be categorized as ‘Dogs Prohibited’, ‘Dog Exercise’ or ‘Seasonal Dog Exercise’ with those areas being defined as follows:

(i)        ‘Dog Prohibited’ area pursuant to s.31(2B)(a) of the Dog Act 1976 and means that dogs are prohibited at all times (except assistance dogs as defined in s.8 of the Dog Act 1976);

(ii)       ‘Dog Exercise’ area pursuant to s.31(2) of the Dog Act 1976 and means that dogs are permitted, including off-leash, at all times except when approved, organised events are taking place, wherein dogs are to be prohibited unless specifically permitted by the City (except assistance dogs as defined in s.8 of the Dog Act 1976); and

(iii)      ‘Seasonal Dog Exercise’ area pursuant to s.31(2B)(b) of the Dog Act 1976 and means dogs are prohibited between 9am and 5pm during the period 1 December to 28 February inclusive (except assistance dogs as defined in s.8 of the Dog Act 1976) but are otherwise permitted as per ‘Dog Exercise’ area as defined above.

 

EXECUTIVE SUMMARY

Under the provisions of the Dog Act 1976, a local government may specify public areas within its district as areas where dogs are prohibited, prohibited at specified times (seasonal), or permitted to be exercised at all times, including off-leash. The Council adopted its current dog management controls in April 2015.

 

Each of the dog management areas along the City’s coastline was designated a unique identifying segment number. This report proposes to realign the boundary between:

 

·        Segments 6 (dog seasonal) and 7 (dog prohibited) adjacent to the Busselton Foreshore from the skate park to the YCAB building; and

·        Segments 9 (dog exercise) and 10 (dog seasonal) adjacent to the King Street foreshore reserve and car park.

 

In both cases, the primary reason for the changes proposed is physical changes to infrastructure since 2015 (changes to paths, car parks, buildings or similar).

 

BACKGROUND

Existing dog management areas, identification of which followed two rounds of extensive consultation, were adopted by the Council on 22 April 2015 (C1504/100). Each of the areas designated are identified by a segment number as shown on the City’s GIS mapping system.

 

They included the following beach areas under the care, control and management of the City:

a.         An area designated as ‘segment 6’ from the beach access path from the car park at Ford Road/Geographe Bay Road intersection to a point parallel with a seaward extension of Brown Street (seasonal dog exercise).

b.         An area designated as ‘segment 7’ from a point parallel with a seaward extension of Brown Street to the westernmost beach access steps between West and Gale Streets (dog prohibited).

Attachment A is an overview map of the boundary between segments 6 and 7 as adopted by the Council.

c.         An area designated as ‘segment 9’ from the westernmost beach access steps between West and Gale Streets to the beach access stairs on the eastern side of the King Street car park (dog exercise).

d.         An area designated as ‘segment 10’ from the beach access stairs on the eastern side of the King Street car park to the beach access from the Margaret Street car park (seasonal dog exercise).

Attachment B is an overview map of the boundary between segments 9 and 10 as adopted by the Council.

 

A dog prohibited area is one in which dogs (except assistance dogs) are prohibited at all times.

 

A dog exercise area is one in which dogs are permitted, including off-leash, at all times except when approved organised events are taking place in which case they are prohibited (except assistance dogs).

 

A seasonal dog exercise area is one in which dogs are permitted, including off-leash, except between 9am and 5pm from 1 December to 28 February inclusive each year, and when approved organised events are taking place in which case they are prohibited (except assistance dogs).

 

Works to upgrade the King Street car park, which included the provision of formal access points to the beach from the car park, were completed in late 2020. During summer months, matting is situated at the easternmost access point from the car park onto the beach to facilitate disabled access.

OFFICER COMMENT

Brown Street Boundary Realignment

Although there is access to the seasonal dog exercise area beach (segment 6) from a track adjacent to the northeast corner of the skate park, people with dogs coming from the main foreshore car park or the car park behind the Surf Lifesaving Club, often take a shortcut by accessing the beach in front of the YCAB building. This part of the beach (segment 7) is currently a dog prohibited beach and in taking the shortcut, those people are technically committing an offence. Although it is unlikely the City would issue an infringement under these circumstances, there is the potential for conflict between beach users when dog owners use the prohibited part of the beach as a shortcut to access the seasonal dog exercise beach.

 

To reduce the potential for conflict between beach users, it is proposed to relocate the boundary between segments 6 and 7 to a point that aligns with the wooden finger jetty east of the Busselton Jetty. This point has been chosen as a logical landmark which, whilst still maintaining the beach either side of Busselton Jetty as a dog prohibited area, formalises the practice of people accessing the seasonal beach from an area of beach on which dogs are prohibited.

 

The impact of this during the summer period 1 December to 28 February each year is minimal as it would only have effect from 5pm to 9am each day. Note that, from 1 March to 30 November each year, dogs are permitted to be exercised off-leash at all times on all beaches that are designated as seasonal dog exercise beaches during the summer.

 

The proposed change would not impact on approved public events, including surf lifesaving competitions and/or training, at which time dogs are prohibited under the provisions of the Council’s April 2015 resolution.

 

A recommendation of this report is to realign the boundary between segment 6 (seasonal dog exercise) and segment 7 (dog prohibited) to a point approximately 80 metres to the west of the existing boundary as shown on Attachment C.

King Street Boundary Realignment

When existing dog management controls were established in 2015, the only formal access to the beach abutting the King Street reserve was the beach access stairs on the eastern side of the car park. At the time, the car park did not have any formal access points to the beach so the access stairs to the east of the car park were used to delineate the boundary between the dog seasonal (beach to the west) and dog exercise (beach to the east) areas. The stairs were deemed to be the most logical landmark to describe the physical location of the boundary between the two areas.

 

Since the upgrade to the King Street reserve and car park, the eastern most beach access point in the car park, immediately in front of the two disabled parking bays, is used by most people including people with dogs, to access the beach. This was evidenced early in 2021 when several dog owners spoke to the City’s Seasonal Dog Exercise Area Officer, and asked that the dog bag dispenser located on the pole at the beach access stairs be relocated to the car park for this reason.

 

The problem this creates is that when people use this point to access the dog exercise beach approximately 28 metres to the east of the boundary, between 9am and 5pm from 1 December to      28 February each year, they are technically committing an offence. Although it is unlikely the City would ever issue an infringement under these circumstances, there is the potential for conflict between beach users when dog owners use the seasonal beach as a thoroughfare at a time when dogs are prohibited.

 

A recommendation of this report is to realign the boundary between segment 9 (dog exercise) and segment 10 (seasonal dog exercise) to a point approximately 28 metres to the west of the existing boundary as shown on Attachment D.

Statutory Environment

The management and control of dogs in public areas is prescribed under the following sections of the Dog Act 1976:

Section 31(2B):

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

a.        at all times; or

b.        at specified times.

 

Section 31(3A):

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

Section 31(3C):

At least 28 days before specifying a place to be:

a.        a place where dogs are prohibited at all times or at a time specified under subsection (2B); or

b.        a dog exercise area under subsection (3A),

a local government must give local public notice as defined in the Local Government Act 1995          section 1.7 of its intention to so specify.


 

Assistance dogs, and persons entitled to be accompanied by assistance dogs, are defined in section 8 of the Dog Act 1976.  Under the provisions of section 8(2) a person mentioned in subsection (3):

a.        is entitled to be accompanied by an assistance dog, in any building or place open to or used by the public, for any purpose, or in any public transport; and

b.        is not guilty of an offence by reason only that he or she takes that dog into or permits that dog to enter any building or place open to or used by the public or on any public transport.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

Due to the minor nature of the boundary realignment associated with this report, no external stakeholder consultation was required or undertaken. Pursuant to the requirements of section (3C) of the Dog Act 1976 public notice of the intention to realign the boundaries is required at least 28 days prior to implementation.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.         Resolve to maintain existing dog management controls at this location (leave the boundaries where they are).

2.         Resolve to establish new dog management controls at these location (change the designation of the existing dog exercise and/or seasonal exercise areas).

CONCLUSION

Existing dog management controls, for the beach segments below, were adopted by the Council in April 2015. Since then, there have been physical changes to the infrastructure (paths, car parks, buildings or similar) in the areas listed and as such it is sensible to make the following boundary realignments to reflect those changes:

·        A realignment of the boundary 144 metres to the west of the existing boundary, between segments 6 (dog seasonal) and 7 (dog prohibited).

·        A realignment of the boundary 28 metres to the west of the existing boundary, between segments 9 (dog exercise) and 10 (dog seasonal).

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

Following endorsement of the boundary realignment by the Council, officers will arrange for the public notice requirements of the Dog Act 1976 to be implemented within two weeks. The changes will come into force 28 days after the giving of the public notice, at which time arrangements will be made to move the sign delineating the boundary from its current location at the beach access stairs, to the new location at the eastern beach access point in the car park.


Council

22

8 September 2021

12.2

Attachment a

Map - Overview of the Brown Street Dog Management Area Boundary

 


Council

23

8 September 2021

12.2

Attachment b

Map - Overview of the King Street Dog Management Area Boundary

 


Council

24

8 September 2021

12.2

Attachment c

Map - Proposed Realignment of the Brown Street Dog Management Area Boundary

 


Council

25

8 September 2021

12.2

Attachment d

Map - Proposed Realignment of the King Street Dog Management Area Boundary

 


Council                                                                                      26                                                           8 September 2021

12.3           Policy and Legislation Committee - 24/8/2021 - REVIEW OF COUNCIL POLICY: RISK MANAGEMENT

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Council Policies

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: Substantial direction setting, including adopting budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Proposed Policy: Risk Management

Attachment b    Current Policy: Risk Management

Attachment c    Proposed Policy: Risk Management with Committee Amendments

 

This item was considered by the Policy and Legislation Committee at its meeting on 24/8/2021, the recommendations from which have been included in this report.

 

COMMITTEE RECOMMENDATION

That the Council adopt the amended Council Policy: Risk Management (Attachment A) inclusive of Committee amendments as per Attachment C, to replace the current policy (Attachment B).

 

Reasons:              The committee recommended amendments to the proposed policy to improve the readability and intent of the policy.

 

OFFICER RECOMMENDATION

That the Council adopt the amended Council Policy: Risk Management (Attachment A) to replace the current policy (Attachment B).

 

EXECUTIVE SUMMARY

This report presents a revised Council policy - Risk Management (the Policy) (Attachment A). The Policy has been revised as part of the City’s regular cycle of review of its Council policies and is recommended for endorsement by Council. The current policy is included at Attachment B for reference.

 

BACKGROUND

The Policy was originally adopted in May 2006 to demonstrate the City’s commitment to the development of a culture of risk-based decision making aimed at the effective management of potential opportunities and the reduction of the downside impacts of risk.

 

Since its adoption, the Policy has been reviewed five times, the latest in 2018, where the Policy was amended to incorporate the recommendations of Mr John Woodhouse’s Review of Governance Systems and Processes conducted in 2017, including transfer into a new policy template.  As a result of this review, the Policy’s reference to the relevant Australian Standard was updated and the Policy renamed from ‘Organisation Wide Risk Management’ to simply ‘Risk Management’.

 

OFFICER COMMENT

The City’s internal Risk Management Committee (made up of the Director Finance and Corporate Services, the Manager Governance and Corporate Services, the Risk Systems Officer, and representatives from across the organisation) is currently conducting an annual review of the committee’s effectiveness, including a review of the risk policy and the Committee’s terms of reference.

 

The Risk Management Committee discussed the relevance of the Policy and whether, given that the City has an established Risk Management Framework and that reporting requirements in relation to risk exist under the Local Government Act 1995 (the Act), it should be retained or rescinded.  The committee felt that the Policy provides an important statement of commitment to the development and management of a risk management culture and the establishment and implementation of a risk management framework based on international standards of risk management (ISO 31000 Standard).  

 

It also supports the functions of the Audit Committee of Council established under the Act, and the functions of the CEO in relation to risk and risk reporting.  Officers are currently reviewing the terms of reference of the Audit Committee and will be proposing that the Committee be renamed Audit and Risk Committee and that its objectives be amended to more specifically include risk and more regular risk reporting.  Given this, the Risk Management Committee felt that the Policy should be retained.  It is recognised that the option of rescission was a valid one.

 

The Policy has been transferred into the City’s recently updated policy template (to align with the review of the City’s style guide), with minor amendments to further streamline the Policy.  It is essentially a statement of commitment. The Strategic Context has also been amended to reflect the new Strategic Community Plan 2021 – 2031.  The revised Policy can be seen at Attachment A.

 

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 local government policies. The Council does this on recommendation of a Committee it has established in accordance with section 5.8 of the Act.

 

In accordance with regulation 17 of the Local Government (Audit) Regulations 1996, the CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to risk management, as well as internal control and legislative compliance. This review was last reported to Council in June 2021.

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

There are no financial implications associated with the officer recommendation.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.

Options

As an alternative to the proposed recommendation the Council could:

1.         Propose further revisions to the Policy; or

2.         Propose that the Policy be rescinded, given the City has an established Risk Management Framework, an Audit Committee of Council (proposed to be expanded to Audit and Risk), and that reporting requirements in relation to risk management exist under the Act.

CONCLUSION

The Policy has been reviewed by officers and was found to be of continuing importance and relevance as a statement of commitment to effective risk management. The revised Policy: Risk Management is presented to Council for its adoption.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The Policy will be published to the City’s website within one week of Council’s adoption.  


Council

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8 September 2021

12.3

Attachment a

Proposed Policy: Risk Management

 



Council

32

8 September 2021

12.3

Attachment b

Current Policy: Risk Management

 



Council

34

8 September 2021

12.3

Attachment c

Proposed Policy: Risk Management with Committee Amendments

 


 


Council                                                                                      35                                                           8 September 2021

13.             Planning and Development Services Report

Nil


Council                                                                                      37                                                           8 September 2021

14.             Engineering and Work Services Report

14.1           RFT 07/21 - STREET AND DRAIN CLEANING SERVICES

STRATEGIC THEME

LIFESTYLE - A place that is relaxed, safe and friendly with services and facilities that support healthy lifestyles and wellbeing.

STRATEGIC PRIORITY

2.12 Provide well maintained community assets through robust asset management practices.

SUBJECT INDEX

Tenders

BUSINESS UNIT

Operation and Works Services

REPORTING OFFICER

Manager, Operation and Works Services - Matthew Twyman

AUTHORISING OFFICER

Director, Engineering and Works Services - Oliver Darby

NATURE OF DECISION

Contractual: To enter into a contract e.g. a lease or the award of a tender etc.

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Published Under Separate Cover  Confidential Tender Evaluation Report - RFT 07/21 Street & Drain Cleaning Services  

 

OFFICER RECOMMENDATION

That the Council:

1.         Pursuant to RFT 07/21 Street and Drain Cleaning Services, accept the tender from
B & B Street Sweeping Pty Ltd ATFB & B Street Sweeping Trust as being the most advantageous tender.

2.         Delegates power and authority to the Chief Executive Officer to negotiate and agree minor variations in accordance with Regulation 20 of the Local Government (Functions and General) Regulations 1996.

 

EXECUTIVE SUMMARY

The City of Busselton invited tenders under Request for Tender RFT 07/21 Street and Drain Cleaning Services (RFT 07/21) for a suitably experienced and qualified contractor to deliver street and drain cleaning services for the City.

 

This report recommends that Council:

·        endorse the outcome of the evaluation panel’s assessment;

·        delegate power and authority to the CEO to negotiate and agree final terms and conditions with the successful tenderer, B & B Street Sweeping Pty Ltd ATF B & B Street Sweeping Trust T/A B & B Street Sweeping (B & B Street Sweeping).

 

BACKGROUND

This Contract is for the provision of street and drain cleaning services within the City of Busselton boundary. The services required include (but are not limited to):

·        Sweeping of roads; footpaths; car parks and off-road bicycle paths;

·        Eduction of drainage pits;

·        Jetting of drainage pipes; and

·        Eduction of gross pollutant traps (GPTs).

 

Services are required at various specified frequencies and hours of operation, including emergency after-hours response.

 

The City generally maintains assets as follows:

·        350km of urban roads are swept at frequencies varying between 1 and 52 times per annum depending on the hierarchy of the road.

·        10km out of 226km of footpaths are swept at frequencies between 4 and 52 times per annum, with a focus on CBD and school areas.

·        20km out of 51km of cycleways are swept at frequencies between 2 and 16 times per annum, with a focus on CBD and school areas.

·        Approximately 179,000 m² out of the 291,000m² of car parks are swept between 1 and 26 times per annum with a focus on CBD area.

·        Approximately 2,000 out of 11,000 stormwater pits are educted once per annum, with a focus on CBD, light industrial areas and known problem areas.

·        Approximately 10km out of 253km of stormwater pipes are jetted once per annum, with a focus on known problem areas.

·        43 gross pollutant traps are serviced annually.

 

In order for City staff to carry out all services in-house, a large investment in specialised machinery and additional staff would be required, the value of which would be in excess of the contract value.

 

The current provision for these works is supplied using RFT 15/16, and is delivered by B & B Street Sweeping.  The service provided to date by B & B Street Sweeping has been consistently of a very high standard.

OFFICER COMMENT

The City received a total of two submissions as follows:

1.         B & B Street Sweeping Pty Ltd ATF B & B Street Sweeping Trust T/A B & B Street Sweeping;

2.         Specialised Cleaning Group Pty Ltd T/A Cleansweep.

Assessment Process

On 12 May 2021, tenders were invited via TenderLink and advertised in ‘The West Australian’ newspaper. Tenders closed on 1 June 2021 and two submissions were received.

 

In accordance with the City’s procurement practices and procedures, assessments were carried out by an evaluation panel comprising City officers with relevant skills and experience. The assessment process included:

(a)       Assessing submissions received against relevant compliance criteria. The compliance criteria were not point scored. Each submission was assessed on a Yes/No basis as to whether each criterion was satisfactorily met. All tenders were deemed compliant; and

(b)       Assessing submissions received against the Qualitative Criteria and each Criteria was given a score in accordance with the rating scale detailed below.

 

 

Qualitative Criteria

Weighting

Relevant Experience

25%

Local Benefit

5%

Tenderer’s Resources

10%

Demonstrated Understanding

10%

 

The net price was scored using the ‘Average Based Scoring Method’ recommended by WALGA in the ‘Local Government Purchasing and Tender Guide’.

 

The panel members individually assessed the qualitative criteria for each schedule, then met and applied an average to provide a final ranking. The scores were then added together to indicate the rankings.

 

Summary of Assessment Outcomes

Of the two submissions received for RFT 07/21, B & B Street Sweeping ranked first on the Qualitative Criteria and ranked second in the Weighted Cost Criteria, and ranked first overall, providing a well-documented and detailed submission.  Their submission demonstrated a clear understanding of the full range of required street and drain cleaning services.

 

The submission received from Cleansweep ranked second on the Qualitative Criteria and ranked first in the Weighted Cost Criteria, and ranked second overall.  Their submission focussed predominantly on street sweeping and provided little detail of the drainage component of the Tender Requirements.

 

The drainage component of the Tender Requirements is extremely important as it minimises flooding and ongoing drainage issues associated with Busselton’s unique low-lying coastal location, its high water table and the significant root intrusion experienced in the City’s drainage network.  It is essential that the successful contractor has a thorough understanding of, and relevant experience in, treatment of the abovementioned issues.

 

Confidential Tender Evaluation Report - RFT 07/21 Street & Drain Cleaning Services (Attachment A) provides further detail of the tender submissions and evaluation (provided under separate cover).

Statutory Environment

In terms of section 3.57 of the Act, a local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods and service. Part 4 of the Local Government (Functions and General) Regulations 1996:

·        requires that tenders be publicly invited for such contracts where the estimated cost of providing the required goods and/or service exceeds $150,000; and

·        under Regulations 11, 14, 18, 20 and 21A, provides the statutory framework for inviting and assessing tenders and awarding contracts pursuant to this process.

 

The officer’s recommendation complies with the above-mentioned legislative requirements.

 

With a contract duration of up to five years, the estimated expenditure is in excess of $500,000 which is above the Chief Executive Officer’s delegated authority. 

Relevant Plans and Policies

The City's Purchasing, Regional Price Preference, Occupational Safety and Health, and Asset Management policies, and the City’s Engineering Technical Standards and Specifications, were all relevant to RFT 07/21, and have been adhered to in the process of requesting and evaluating this tender


 

Financial Implications

The street sweeping and drain cleaning services provided under RFT 07/21 will be funded from the Operating Budget (12600 Street and Drain Cleaning) and Capital Budget. The estimated operating expenditure for the 21/22 financial year based on the rates submitted equates to approximately $460,290.  This is within the available allocated budget.

 

The schedule of rates offered by B & B Street Sweeping have increased by 5% compared to their current schedule of rates at June 2020 (last approved CPI adjustment under RFT 15/16).  During the same time period, CPI-All Groups Perth has increased by 4.2%. 

 

A rise and fall price adjustment option for CPI is not included in RFT 07/21, meaning the submitted rates will remain unchanged for the duration of the contract.

Risk Assessment

An assessment of the potential implications of implementing the officer’s recommendation has been undertaken using the City’s risk management framework, with the intention being to identify risks which, following implementation of controls, are identified as medium or greater. There are no such risks identified, with the preferred tenderer(s) assessed as being capable of delivering the services to a suitable service level. 

Options

As an alternative to the proposed recommendation, the Council could:

1.         Determine not to accept the tender from B & B Street Sweeping as being the most advantageous to the City to deliver street and drain cleaning services and accept the tender from Cleansweep; or

2.         Decline to accept any tender.

CONCLUSION

The submission from B & B Street Sweeping is considered the most advantageous to the City.  It is recommended that B & B Street Sweeping be awarded the contract to deliver street and drain cleaning services for the City resulting from RFT 07/21.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

If endorsed by Council, it is expected the City will enter into a contract with B & B Street Sweeping on 1 October 2021 to run for a period of five years with the City having the option of three plus two 1-year extensions under the same terms and conditions as the initial period.


Council                                                                                      40                                                           8 September 2021

15.             Community and Commercial Services Report

Nil


Council                                                                                      48                                                           8 September 2021

16.             Finance and Corporate Services Report

16.1           2021 REVIEW OF COMMITTEES, WORKING GROUPS AND TERMS OF REFERENCE

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Council Committees

BUSINESS UNIT

Governance Services

REPORTING OFFICER

Governance Coordinator - Emma Heys

AUTHORISING OFFICER

Director Finance and Corporate Services - Tony Nottle

NATURE OF DECISION

Executive: Substantial direction setting, including adopting budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Attachment a   Audit and Risk - Amended ToR

Attachment b    Finance - Amended ToR

Attachment c    Policy and Legislation - Amended ToR

Attachment d   Airport Advisory - Amended ToR

Attachment e    Bush Fire Advisory - Amended ToR

Attachment f    Local Emergency Management - Amended ToR

Attachment g   Meelup Regional Park - Amended ToR

Attachment h   Current ToR Combined  

 

OFFICER RECOMMENDATION ONE (ABSOLUTE MAJORITY)

That the Council, pursuant to s. 5.8 of the Local Government Act 1995:

1.         Retains the following Committees:

(a)       Audit  Committee, and endorses its change of name to Audit and Risk Committee;

(b)       Finance Committee;

(c)       Policy and Legislation Committee;

(d)       Airport Advisory Committee;

(e)       Bush Fires Advisory Committee;

(f)        Local Emergency Management Committee;

(g)       Meelup Regional Park Committee.

2.         Endorses the amended Committee Terms of Reference for the following Committees at Attachments A, B, C, D and E

(a)       Audit and Risk Committee (Attachment A);

(b)       Finance Committee (Attachment B);

(c)       Policy and Legislation Committee (Attachment C);

(d)       Airport Advisory Committee (Attachment D);

(e)       Bush Fires Advisory Committee (Attachment E);

(f)        Local Emergency Management Committee (Attachment F);

(g)       Meelup Regional Park Committee (Attachment G).

 

OFFICER RECOMMENDATION TWO (SIMPLE MAJORITY)

That the Council:

1.         Retains the following Reference/Working Groups/Panels of elected and non-elected members with elected membership as outlined in this report:

(a)       Sustainability and Energy Working Group

(b)       Economic Development Taskforce

(c)       Economic Development Working Group

(d)       Busselton Jetty Reference Group

(e)       Disability Access and Inclusion Plan Reference Group

(f)        Marketing and Events Reference Group

(g)       BPACC Councillor Working Group (renamed from ‘BEACH Working Group’)

(h)       Lower Vasse River Advisory Group

(i)        CEO Performance Review Panel

 

2.         Endorses the establishment of a Community Assistance Advisory Panel.

 

3.         Endorses the appointment of a Councillor as an ex-officio board member to the Busselton Jetty Inc. board upon invitation from Busselton Jetty Inc.

 

4.         Endorses the appointment of a Councillor as an ex-officio board member to the Busselton Senior Citizens Centre, as necessary by their constitution.

 

5.         Endorses the continued delegation of elected members to the following external groups:

(a)       Peron-Naturaliste Partnership

(b)       Busselton and Sugito Cities Association

(c)       Regional Roads Group and Convention

 

6.         Endorses the continued attendance of an elected member at the Australian Coastal Councils annual conference / Annual General Meeting.

 

7.         Endorses the continued appointment of the Mayor to the following external groups:

(a)       Regional Capitals Australia Alliance (subject to appointment by the Regional Capitals Australia Alliance Board)

(b)       Regional Capitals Western Australia Alliance

(c)       South West Zone Local Government Association

 

8.         Endorses the nomination of elected members as required to the following Ministerial Committees subject to approval of the relevant Minister:

(a)       Yallingup Land Conservation District Committee

(b)       Development Assessment Panel

(c)       Vasse Ministerial Taskforce

(d)       GeoCatch (the Mayor or delegate as appointed by the Minister)

 

 

 

9.         Agrees that the following Consultative/Working Groups are no longer required:

(a)       Busselton Margaret River Airport Consultative Group

(b)       Smart Cities Digital Strategies Working Group

(c)       Vasse Recreational Facilities Working Group

(d)       Geographe Bay Regional RoadWise Road Safety Working Group

 

EXECUTIVE SUMMARY

In the lead up to the next local government elections to be held on 16 October 2021, officers have undertaken a review of the various committees, panels, advisory and working groups that involve the participation of elected members. The purpose of the review is to identify the function of the committees and working groups, and provide recommendations to Council as to their ongoing purpose.

 

As part of this review, the Terms of Reference for the formal committees of Council have also been amended and are presented to Council for consideration and endorsement.

 

This report also proposes that Council endorse the establishment of a Community Assistance Advisory Panel; the appointment of an elected member to the board of Busselton Jetty Inc. as an ex-officio member, and the continuation of the newly formed CEO Performance Review Panel.

BACKGROUND

The Council currently has six Council committees established under the Local Government Act 1995 (the Act) and one established under the Bush Fires Act 1954. The Council has also over the years formed many working groups to assist with progressing various initiatives. In addition, the Council is represented on a number of external groups and committees and working groups.

It is appropriate to review on a regular basis whether or not these working groups and representations are still performing the function originally intended and / or are still warranted, noting the resource requirements associated and that travel allowances are payable for elected member attendance. It is also important that the Terms of References for the formal committees of Council are reviewed regularly to ensure they remain relevant with legislation and the City’s local laws.

OFFICER COMMENT

This review was conducted by assessing each committee, group and representation in the context of the following:

·        recent changes to the Local Government Act 1995 and associated Regulations;

·        statutory requirements;

·        its current and future function;

·        outcomes of the review conducted in 2019;

·        information gathered from committee members and senior management; and

·        the frequency of meetings and the actions arising from those meetings.

 

Officers considered the original purpose behind the establishment of the committee/group and if that purpose is still relevant and necessary. Officers also considered where there might be duplication between committees/groups or where the original purpose of the committee/group is now able to be effectively managed at an administrative level, with matters brought to Council as required. 

Officers have updated all the Terms of Reference into a new format and amended the delegated powers of the Audit and Risk Committee, Policy and Legislation Committee and Finance Committee to include the ability of the committees to set and endorse their own meeting dates and times; to return a policy to the CEO or their nominee for further consideration (Policy and Legislation Committee only); and to note items that do not require a recommendation to Council. These are attached for Councils consideration (Attachments A to G).

 

Due to the updated Terms of Reference having also been wholly transferred to a new template, no tracked changes versions have been included in this report. The current terms of reference have been provided as one combined attachment (Attachment H) for comparative purposes.

 

Council has recently endorsed the establishment of a CEO Performance Review Panel (C2108/168), in accordance with Council policy, ‘Chief Executive Officer Performance Review’. This panel is to continue and, following the 2021 local government election, Council will reappoint two elected members and the Mayor to the Panel.

 

Busselton Jetty Inc.

To further strengthen the important working relationship and increase communications between Busselton Jetty Inc. (BJI) and the City of Busselton, the BJI Chairperson has advised that the BJI Board have agreed to include a Councillor representative on the BJI Board, in an ex-officio capacity. This report seeks Council support for this new appointment, which will occur following the 2021 local government election.

 

Community Assistance Program

A Community Assistance Advisory Panel is recommended to be officially established to assess and make recommendations to Council on the applications received through the Community Assistance Program (CAP). The Community Assistance Program (CAP) is a funding program run by the City that consists of three funding streams; Assistance grants, Revitalisation Grants and Revitalisation Grants Plus. Previously titled Community Bids, the program was refocused in 2020, responding to the COVID-19 pandemic and its repercussions on the City of Busselton community. The CAP moving forward will support and facilitate programs, services and projects that contribute to the social, environmental and cultural development of the City.

 

To aid in the processing of applications received during the COVID period, two Councillors have been providing assistance on the assessment of CAP applications. It is recommended that this practice continue, through the establishment of the Community Assistance Advisory Panel.

 

Dunsborough Community Planning Reference Group

Informal discussions between staff and Councillors, as well as some members of the Dunsborough community, have identified that there may be benefits in the establishment of a ‘Dunsborough Community Planning Reference Group’. It is envisaged that the group would have a broad representation from the Dunsborough community, including from community organisations, but also from business and industry, sporting and recreation groups. The objective of the group would be to provide feedback to the City on community and recreational planning, strategic town planning matters and significant development and infrastructure projects. It is hoped the group would provide for two-way communication with the City, providing feedback to the City, but also assist with the task of keeping the broader community informed about City projects and planning.

Noting the importance of a clear Terms of Reference for this proposed new reference group, this report acknowledges the potential for its establishment but does not recommend its establishment.  Instead a report to consider the establishment of the Dunsborough Community Planning Reference Group, including terms of reference and appointment of elected members, will presented separately to Council prior to the 2021 elections.

The tables below summarise the proposals for ongoing Committees and working groups.

Formal Committees (elected members only)

Committee / Group

Function / Membership

2021 recommendations

Audit and Risk Committee

Established pursuant to statute to assist Council to fulfil its corporate governance, stewardship, leadership and control responsibilities relating to financial reporting, audit and risk. Meets as required.

·    4 elected members (incl. Mayor)

·    2 deputy members

Retain: statutory requirement

 

Title has been amended.

 

Terms of Reference have been amended: inclusion of explicit risk related requirements; amendments to delegated powers.

Finance Committee

Assists the Council to oversee the allocation and use of the local government’s finances and resources.  Meets monthly.

·    5 elected members (incl. Mayor)

·    4 deputy members

Retain

 

Terms of Reference have been amended: amendments to delegated powers (power to endorse dates, power to note an item).

Policy & Legislation Committee

Assists the Council to determine the local government’s policies and to carry out its legislative functions.  Meets monthly.

·    5 elected members (incl. Mayor)

·    4 deputy members

Retain

 

Terms of Reference have been amended: amendments to delegated powers (power to endorse dates, power to note an item, power to return a policy to CEO or CEO nominee).

Airport Advisory Committee

Assist Council with the development of the Airport with a critical role under the Noise Management Plan.  Meets as required.

·    4 elected members

·    2 deputy members

Retain

 

Terms of Reference have been amended: set a regular meeting frequency; amendments to delegated power; inclusion of additional objective (noting Airport Consultative Group is recommended to be disbanded).

 


 

Formal Committees (with elected and non-elected members)

Committee / Group

Function / Membership

2021 recommendations

Bush Fires Advisory Committee

Established pursuant to the Bushfires Act 1954 to provide advice to Council in regard to all matters relating to bush fire control, prevention and management.

·    1 elected member

·    1 deputy member

Retain

 

Terms of Reference have been amended: addition of members from the Bushfire Action Ready Group to the membership of the committee.

 

 

Local Emergency Management Committee

Established pursuant to the Local Emergency Management Act 2005 to assist Council and ensure local emergency management arrangements are established.

Meets at least bi-annually.

·    2 elected members (Mayor and Deputy Mayor)

·    1 deputy member

Retain

 

Terms of Reference have been amended: addition of a representative of Busselton Jetty Inc. to membership of the committee.

Meelup Regional Park Committee

Assists the Council in managing and promoting Meelup Regional Park.

Supported by a working group with the same membership.

·    2 elected members

·    1 deputy member

Retain

 

Terms of Reference have been amended: removal of delegated power to adopt plans / policies / document as this delegation has never been used and is no longer required.

External Groups / Committees with elected member delegations

Committee / Group

Function / Membership

2021 Recommendations

Peron-Naturaliste Partnership

One of 9 local governments on the Board. Works with State government to lobby Federal government about environmental issues.

·    1 elected member

·    1 deputy member

Retain

 

Busselton and Sugito Sister Cities Partnership

Manages the sister city relationship with Sugito, Japan and arranges adult and youth exchanges.

·    1 elected member

·    1 deputy member

Retain

 


 

Regional Roads Group and Convention

The group prioritises and resolves projects for the allocation of monies received from State and Federal government.

·    1 elected member

·    1 deputy member

Retain

Geographe Bay Regional Roadwise Road Safety Working Group

Reviews road safety issues.

·    1 elected member

·    1 deputy member

Discontinue Council’s participation due to inactivity.

 

Australian Coastal Councils Association

The City is a member of this group which is a lobby group to develop resources relating to climate change.

 

No set membership: elected member selected to attend conference and represent the City.

Retain City’s membership and selection of an elected member to attend conference / AGM.

 

Meelup Regional Park Working Group

Same membership as the Meelup Regional Park Committee.

·    2 elected members

·    1 deputy member

Retain

 

No Change

Mayor / Board Appointments

Board

Function / Membership

2021 Recommendations

Regional Capitals Australia

 

Brings Australia’s 51 regional capital cities together as one unified voice to provide an alliance that understands sand presents to the Federal Government the needs of combined regional communities.

·    Mayor (by appointment of the Board)

Retain

 

No change

Regional Capitals WA Alliance

Provides a WA alliance of regional capitals.

·    Mayor

Retain

 

No change

South West Zone Local Government Association

An association of 12 South West Local Governments that meets to consider WA Local Government Association initiatives.

·    Mayor

·    1 deputy member

Retain

 

No change

 


 

Ministerial Appointments

Committee / Group

Function / Membership

2021 Recommendations

Development Assessment Panel

Invite and appointment by relevant Minister.

·    2 elected members

·    1 deputy members

No change

 

Yallingup Land Conservation District Committee

Invite and appointment by relevant Minister.

·    1 elected member

·    0 deputy members

No change

Vasse Ministerial Taskforce

Invite and appointment by relevant Minister.

·    1 elected member

·    0 deputy members

No change

 

 

GeoCatch

Mayor or delegate noting that they are also appointed by the Minister for a 3 year term. 

·    Current appointment is Cr Paine

No change

City Formed Reference / Working Groups (elected members only)

Committee / Group

Function / Membership

2021 recommendations

Busselton Margaret River  Airport Consultation Group

Consults with community, aviation, tourism, business and government organisations about the BMRRA project, operations and potential impacts.

·    1 elected member (Busselton Airport Advisory Committee or delegate)

·    1 deputy member

Disband: no longer required.

 

Move the objectives of the noise management plan from the Group to the Airport Advisory Committee

BEACH Working Group

Consults with key stakeholders, seeks specialist advice and enables community participation in the development of initiatives aimed to attract tourism, business and events to the region.

·    3 elected members

·    1 deputy member

Change in title to ‘BPACC Councillor Working Group’

 

 


Council                                                                                      50                                                           8 September 2021

 

Sustainability and Energy Working Group

Considers the development and implementation of energy efficiency initiatives.

·    2 elected members

·    1 deputy member

Retain

 

No changes

City Formed Reference / Working Groups (elected and non-elected members)

Committee / Group

Function / Membership

2021 recommendations

Economic Development Taskforce

Provides advice and recommendations as to the Economic Development Strategy.

·    Mayor + 2 elected members

·    1 deputy member

Retain

 

Terms of Reference anticipated to be updated in October 2021.

Economic Development Working Group

Is a subsidiary working group of the Economic Development Taskforce

·    1 elected member

Retain

 

Smart Cities Digital Strategies Working Group

Is a subsidiary working group of the Economic Development Taskforce.

·    1 elected member

Discontinue – Economic Development Working Group will oversee the implementation of the Economic Development Strategy.

Busselton Jetty Reference Group

Provides a forum for discussion on Jetty-related matters with Busselton Jetty Inc. and Council.

·    1 elected member

·    1 deputy member

Retain

 

Disability Access and Inclusion Plan Reference Group

Assists with the implementation of initiatives identified in the Disability Access and Inclusion Plan.

·    1 elected member

·    1 deputy member

Retain

Marketing and Events Reference Group

Makes recommendations to Council on the allocation of marketing and events funding.

·    3 elected members

·    1 deputy member

Retain

 

 

Vasse Recreational Facilities Group

Assist with the development of recreational facilities at Vasse.

·    1 elected member

·    1 deputy member

Disband: no longer active.

Lower Vasse River Advisory Group

·    3 elected members

·    2 deputy members

Retain

 

 

CEO Performance Review Panel

Authorised to undertake the CEO Performance Review, in accordance with the objectives of Council Policy: Chief Executive Officer Performance Review.

·    Mayor

·    2 elected members

Retain

Community Assistance Advisory Panel

Assess and provide recommendation to Council on applications received through the Community Assistance Program (CAP).

·    Mayor

·    1 elected member

New

Statutory Environment

The review was conducted in accordance with the provisions of the following:

·        Local Government Act 1995 (the Act)

·        Local Government (Administration) Regulations 1996

·        Bushfires Act 1954 WA

·        Emergency Management Act WA 1995

Relevantly, under Section 5.8 of the Act, a local government may, by absolute majority, establish committees of three or more persons to assist the Council. 

Section 5.10 and 5.11A of the Act relates to the appointments of Committee members and Deputy Committee members. Appointments will be made at a special Council Meeting following the election. 

Relevant Plans and Policies

There are no relevant plans or policies to consider in relation to this matter.

Financial Implications

Elected members may claim an allowance for travel to and from committee and working group meetings, therefore any reduction in the number of working groups may result in minor financial benefit.

Stakeholder Consultation

No external stakeholder consultation was required or undertaken in relation to this matter.

Risk Assessment

An assessment of the potential implications of implementing the officer recommendation has been undertaken using the City’s risk management framework, with risks assessed taking into account any controls already in place. No risks of a medium or greater level have been identified.


 

Options

As an alternative to the proposed recommendation the Council could:

1.         Retain any Committees or Groups which have been recommended to discontinue;

2.         Discontinue any Committees or Groups which have been recommended to retain and establish; and

3.         Further amend the Terms of Reference of the Committees.

CONCLUSION

This report presents a review of committees, working groups, advisory groups and the appointment of elected members to various boards prior to the 2021 local government elections.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION

The recommendations will be implemented immediately upon Council endorsement.  


Council

54

8 September 2021

16.1

Attachment a

Audit and Risk - Amended ToR

 




Council

56

8 September 2021

16.1

Attachment b

Finance - Amended ToR

 



Council

58

8 September 2021

16.1

Attachment c

Policy and Legislation - Amended ToR

 



Council

60

8 September 2021

16.1

Attachment d

Airport Advisory - Amended ToR

 



Council

63

8 September 2021

16.1

Attachment e

Bush Fire Advisory - Amended ToR

 




Council

66

8 September 2021

16.1

Attachment f

Local Emergency Management - Amended ToR

 




Council

69

8 September 2021

16.1

Attachment g

Meelup Regional Park - Amended ToR

 




Council

87

8 September 2021

16.1

Attachment h

Current ToR Combined

 



















Council                                                                                      88                                                           8 September 2021

16.2           BUSSELTON PERFORMING ARTS AND CONVENTION CENTRE - CONSULTATION OUTCOMES

STRATEGIC THEME

LIFESTYLE - A place that is relaxed, safe and friendly with services and facilities that support healthy lifestyles and wellbeing

STRATEGIC PRIORITY

2.4 Establish a performing arts facility for the District.

SUBJECT INDEX

Busselton Performing Arts and Convention Centre

BUSINESS UNIT

Corporate Services

REPORTING OFFICER

Manager Governance and Corporate Services - Sarah Pierson

Director Finance and Corporate Services - Tony Nottle

Director, Community and Commercial Services - Naomi Searle

AUTHORISING OFFICER

Director, Community and Commercial Services - Naomi Searle

NATURE OF DECISION

Executive: Substantial direction setting, including adopting budgets, strategies, plans and policies (excluding local planning policies); funding, donations and sponsorships; reviewing committee recommendations

VOTING REQUIREMENT

Absolute Majority

ATTACHMENTS

Nil

 

A full report on this item will be published as a late item in a supplementary agenda.

 


Council                                                                                      90                                                           8 September 2021

17.             Chief Executive Officers Report

17.1           COUNCILLORS' INFORMATION BULLETIN

STRATEGIC THEME

LEADERSHIP - A Council that connects with the community and is accountable in its decision making.

STRATEGIC PRIORITY

4.2 Deliver governance systems that facilitate open, ethical and transparent decision making.

SUBJECT INDEX

Councillors' Information Bulletin

BUSINESS UNIT

Executive Services

REPORTING OFFICER

Reporting Officers - Various

AUTHORISING OFFICER

Chief Executive Officer - Mike Archer

NATURE OF DECISION

Noting: The item is simply for information purposes and noting

VOTING REQUIREMENT

Simple Majority

ATTACHMENTS

Attachment a   Current SAT Reviews

Attachment b    Letter from Hon Jackie Jarvis MLC on behalf of constituent Mr Clement Taylor

Attachment c    Letter from Department of Water and Environmental Regulation

Attachment d   Department of Water and Environmental Regulation Compliance Report

Attachment e    Mitigation Activity Fund Grants Program 2021/22 Round 1 - Funding Schedule  

 

OFFICER RECOMMENDATION

 

That the items from the Councillors’ Information Bulletin be noted:

17.1.1       State Administrative Tribunal Reviews

17.1.2       Correspondence from Hon Jackie Jarvis MLC regarding pedestrian crossing on Caves Road, Dunsborough

17.1.3       Letter from Department of Water and Environmental Regulation – Notice of Compliance Audit of Statement 1088

 

17.1.4      Mitigation Activity Fund Grants Program 2021/22 Round 1 - Successful Application and Next Steps - City of Busselton

 

EXECUTIVE SUMMARY

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

17.1.1       State Administrative Tribunal Reviews

A summary of the current State Administrative Tribunal Reviews is at Attachment A.

17.1.2       Correspondence from Hon Jackie Jarvis MLC regarding pedestrian crossing on Caves Road, Dunsborough

Correspondence has been received from Hon Jackie Jarvis MLC on behalf of her constituent Mr Clement Taylor addressed to the Minister for Transport, the Hon Rita Saffioti MLA regarding a petition for a pedestrian crossing on Caves Road, Dunsborough. Consideration from the State Government is required as Caves Road is under their control and management, not that of the City. A copy of the correspondence is provided at Attachment B.

17.1.3       Letter from Department of Water and Environmental Regulation – Notice of Compliance Audit of Statement 1088

A letter from the Department of Water and Environmental Regulation and the DWER Compliance Report are provided at Attachment C and Attachment D respectively.

 

17.1.4       Mitigation Activity Fund Grants Program 2021/22 Round 1 - Successful Application and Next Steps - City of Busselton

The City has recently been advised that it has been successful in securing $500,000 towards bushfire risk mitigation projects as part of the 2021/22 Mitigation Activity Fund (MAF) Grants Programme. $500,000 is the maximum funding that can be provided to an eligible local government per annum as part of the MAF Programme, and a similar amount was also secured last financial year.

 

The projects that have been funded this financial year, together with estimated costs, are set out in Attachment E.

 

The projects were prioritised based on the City’s Bushfire Risk Management Plan (BRMP), an understanding of the total quantum of funding that may be available, as well as an understanding of operational, environmental and land tenure constraints. As more detailed implementation planning occurs, the costs and priorities may require some adjustment, and City officers will need to use judgement and discretion as part of that process.

 

Together with the increase in funding for the City’s Bushfire Risk Planning Coordinator, half of which has come from the City’s own sources and half from the State, allowing an increase in resourcing levels from 0.2FTE to 0.5FTE for this financial year, there has been a substantial increase in resources allocated to bushfire risk mitigation over the last two financial years.

 

 


Council

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17.1

Attachment a

Current SAT Reviews

 

As at 23 August 2021

APPLICATION (Name, No. and City File Reference)

PROPERTY

DATE
COMMENCED

DECISION BEING REVIEWED

RESPONSIBLE OFFICER

 

STAGE COMPLETED

NEXT ACTION AND DATE OF ACTION AS PER SAT ORDERS

DATE COMPLETED / CLOSED

CITY OF BUSSELTON

 

Lindberg v City of Busselton

 

4822  Bussell Highway, Busselton                            

 

October 2019

 

Review of a decision to give a direction under s.214.

 

Ben Whitehill / Lee Reddell

 

●   Directions hearing on the 8 November 2019 against the decision of the City to give a direction under s.214.

●   The matter was adjourned to a further directions hearing on 29 November 2019 in order to determine whether the application is misconceived or lacking in substance pursuant to s.47 of the State Administrative Tribunal Act 2004

●   Directions hearing on the 29 November 2019 where it was resolved:

-      The application is amended by substituting Mr Doug Hugh Lindberg as applicant in place of Mr Johnson.

-      The matter is listed for an on-site mediation on 6

January 2020.

-      Mr Michael Johnson is invited to attend and participate in the mediation.

●   Mediation on 6 January 2020 where it was resolved that :

-   the applicant is to provide additional information to the   respondent by 3 February 2020;

-   The matter is listed for mediation on 13 February 2020.

●   Mediation on 13 February where, following further discussion with the landowners and Mr Johnson, it was resolved to adjourn the proceeding back to a further directions hearing on 17 April 2020.

●   Directions hearing on 17 April was vacated and listed for a directions hearing on 5 June 2020.

●   Directions hearing on 5 June was vacated and listed for a directions hearing on 7 August 2020.

●   Directions hearing on 7 August 2020 was vacated and listed for a directions hearing on 6 November 2020.

●   Directions hearing on 6 November 2020 was vacated and listed for a directions hearing on 5 February 2021.

●   Directions hearing on 5 February 2021 was vacated and listed for a directions hearing on 7 May 2021.

●   Directions hearing on 7 May 2021 was vacated and listed for a directions hearing on 2 July 2021.

●   Directions hearing on 2 July 2021 was vacated and listed for a directions hearing on 5 November 2021 whilst proceedings relating to the eviction of the tenant from the land continue in the Magistrates Court.

 

 

Directions Hearing 5 November 2021

 

 

 

JOINT DEVELOPMENT ASSESSMENT PANEL

 

NIL

 

WESTERN AUSTRALIAN PLANNING COMMISSION

 

NIL

 

 


Council

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8 September 2021

17.1

Attachment b

Letter from Hon Jackie Jarvis MLC on behalf of constituent Mr Clement Taylor

 



Council

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8 September 2021

17.1

Attachment c

Letter from Department of Water and Environmental Regulation

 


Council

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8 September 2021

17.1

Attachment d

Department of Water and Environmental Regulation Compliance Report

 







Council

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8 September 2021

17.1

Attachment e

Mitigation Activity Fund Grants Program 2021/22 Round 1 - Funding Schedule

 





 


Council                                                                                      106                                                         8 September 2021

18.             Motions of which Previous Notice has been Given

Nil

 

19.             urgent business

 

20.             Confidential Matters

Nil 

 

21.             Closure