Issuu on Google+

TRC TABLELANDS REGIONAL COUNCIL

Ordinary Meeting Council Chambers, Atherton Date: Thursday 20 June 2013 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 20 JUNE 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. IAN CHURCH CHIEF EXECUTIVE OFFICER


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

PRESENTATIONS - THURSDAY, 20 JUNE 2013 11.00am

Mark Matthews, CEO and Kellie Jordan Project Officer Advance Cains (in diary)

COUNCILLOR INFORMATION SESSION - THURSDAY, 27 JUNE 2013 9.00am to 10.00am Cemetery Policy - Amanda Riches (in diary)

ORDER OF BUSINESS MEMBERS IN ATTENDANCE........................................................................................................ 5 OFFICERS IN ATTENDANCE........................................................................................................ 5 BEREAVEMENTS/CONDOLENCES.............................................................................................. 5 DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 5 CONFIRMATION OF MINUTES ..................................................................................................... 5 BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS .......................................... 5 RECEIPT OF INWARD CORRESPONDENCE............................................................................... 5 RECEIPT OF MONTHLY FINANCIAL STATEMENTS ................................................................... 5 CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 5 PLANNING AND DEVELOPMENT................................................................................................. 7 Regional Planning & Development .............................................................................................. 7 Item-1 A Jaggard - Material Change of Use for Outdoor Entertainment and Recreation (Paintball Facility) Lot 1 NR800951 & Lot 857 NR4773 - 757 and 803 AthertonHerberton Road, Wongabel - DA/12/0030 (A) .......................................................... 7 Item-2 Development application complaint CONFIDENTIAL ............................................ 37 Regulatory Services .................................................................................................................. 39 Item-3 Pignat - removal of structures from property - Jacaranda Drive, Millstream. CONFIDENTIAL ..................................................................................................... 39 Item-4 Cowan - McDonnells Law - 2 Garnet Street, Mt Garnet CONFIDENTIAL .............. 40 Corporate Planning, Performance & Risk .................................................................................. 41 Item-5 Register of Roads Maintained Policy - Additional road for the Register of Roads to be Maintained - McHugh Lookout Road Millaa Millaa ......................................... 41 CORPORATE AND COMMUNITY SERVICES............................................................................. 49 Finance ..................................................................................................................................... 49 Item-6 Financial Report for the period ending 31 May 2013............................................... 49 Customer & Community Services .............................................................................................. 59 Item-7 Financial and In Kind Support Program Approvals - 20 June 2013 ......................... 59 Plant & Facilities........................................................................................................................ 67 Item-8 Kuranda Horse and Pony Club - Lease of Lot 251 NR5604.................................... 67 Item-9 Native Title and Cultural Heritage Compliance Update - June 2013 ....................... 72

Page 3


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Item-10 Western Yalanji People Native Title Claim #4 QUD6008/1999 and Western Yalanji People Native Title Claim #5 and #7 QUD6003/2001 - Consent To Determination And Indigenous Land Use Agreement CONFIDENTIAL ................. 97 Item-11 Fleet Sales - Tender T-TRC2013-14 CONFIDENTIAL............................................ 98 Item-12 Mareeba Industrial Estate - Offer to Purchase June 2013 CONFIDENTIAL........... 99 Corporate ................................................................................................................................ 101 Item-13 Local Government Act 2009 - Delegation of Statutory Powers ............................. 101 Item-14 Environmental Protection Regulation 2008 - Delegation of Statutory Powers ....... 117 INFRASTRUCTURE AND MAINTENANCE SERVICES ............................................................ 125 Construction & Maintenance.................................................................................................... 125 Item-15 River Road, Biboohra - Application for Permanent Road Closure ......................... 125 Item-16 Harding Road, Wondecla - Application for Permanent Road Closure ................... 133 Water & Sewerage .................................................................................................................. 141 Item-17 Proposed Schedule of Fees and Charges 2013/2014 for the Water and Waste Group ................................................................................................................... 141 Item-18 Malanda and Yungaburra Waste Transfer Stations - Variation to Operating Hours ................................................................................................................... 149 CHIEF EXECUTIVE OFFICER ................................................................................................... 153 Administration ......................................................................................................................... 153 Item-19 Anzac Centenary Grant and Committee Representation ...................................... 153 Item-21 De-amalgamation Project Manager Progress Report............................................ 173 Item-20 Noted Correspondence - 20 June 2013................................................................ 177

Page 4


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

MEMBERS IN ATTENDANCE OFFICERS IN ATTENDANCE BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE RECEIPT OF MONTHLY FINANCIAL STATEMENTS CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS

Page 5


TRC Tablelands Regional Council - Agenda

Page 6

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

PLANNING AND DEVELOPMENT REGIONAL PLANNING & DEVELOPMENT ITEM-1

A JAGGARD - MATERIAL CHANGE OF USE FOR OUTDOOR ENTERTAINMENT AND RECREATION (PAINTBALL FACILITY) LOT 1 NR800951 & LOT 857 NR4773 - 757 AND 803 ATHERTON-HERBERTON ROAD, WONGABEL - DA/12/0030 (A)

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Dan O'Connor, Planning Officer

DEPARTMENT:

Planning and Development APPLICATION DETAILS

FILE NO:

APPLICATION DA/12/0030

ADDRESS:

APPLICANT:

A. Jaggard

RPD:

LODGED BY:

A. Jaggard

AREA:

DATE LODGED: TYPE OF APPROVAL: PROPOSED DEVELOPMENT: PLANNING SCHEME: PLANNING AREA : LEVEL OF ASSESSMENT: SUBMISSIONS:

30 October 2012 Development Permit

OWNER :

ATTACHMENTS:

PREMISES 757 and 803 AthertonHerberton Road, Wongabel Lot 857 on NR4773 and Lot 1 on NR800951 Lot 857 - 1.887 ha; Lot 1 - 4.043 ha D.P. & B.L. Jaggard

MCU for Outdoor Entertainment and Recreation (Paintball Facility) Atherton Shire Planning Scheme 2002 (amended December 2004) Rural (Where not GQAL) Impact Nil

1. 2.

Approved Plans and Documents (DWS VS 3220028); DTMR Concurrence Agency Response, dated 19 November 2012 (DWS VS 3107406).

Page 7


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. It has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan and the Atherton Shire Planning Scheme (2002) and does not conflict with any relevant planning instrument. The key issues of the proposed development are noise impacts, amenities and public safety, all of which have been conditioned accordingly and are discussed in this report. Draft conditions of approval were provided to the applicant prior to this Council meeting. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION 1.

It is recommended that, in relation to the following development application:

APPLICANT:

APPLICATION A. Jaggard

DATE LODGED

30 October 2012

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development Permit

ADDRESS: RPD:

PREMISES 757 and 803 AthertonHerberton Road, Wongabel Lot 857 on NR4773 and Lot 1 on NR800951

MCU for Outdoor Entertainment and Recreation (Paintball Facility)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F) and further permits in (G). (A)

APPROVED DEVELOPMENT: MCU for Outdoor Entertainment and Recreation (Paintball Facility)

And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

Page 8


TRC Tablelands Regional Council - Agenda

(B)

Thursday 20 June 2013

APPROVED PLANS: Plan/Document Number

Plan/Document Title

Prepared by

N/A

Site Plan

A. Jaggard

N/A

Car Park Plan

A. Jaggard

N/A

Terms and Conditions and Rules

A. Jaggard

Dated Undated (Received 14/3/13) Undated (Received 14/3/13) Undated (Received 14/3/13)

DWVS# 3220028 3220028 3220028

(C)

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)

1.

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

2.

Timing of Effect

3.

2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

2.3

Prior to the commencement of use, the applicant must provide letters from the Department of Transport and Main Roads and the Queensland Police Service confirming that they are satisfied that their concurrence agency conditions/licensing requirements have been complied with and/or that they have no objections to the commencement of the use.

General 3.1

To the extent that any of these conditions of approval are inconsistent with Queensland Police Service licensing requirements, the Queensland Police Service licensing requirements prevail.

3.2

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.4

Permitted Visitor Numbers No more than ten (10) spectators and twenty (20) players are permitted on the premises at any one time. Page 9


TRC Tablelands Regional Council - Agenda

3.5

Thursday 20 June 2013

Operational Plan The approved activity shall be conducted generally in accordance with the approved "Terms and Conditions" and "Rules" attached to this approval except as varied to comply with the conditions of this approval and Queensland Police Service licensing requirements.

3.6

Noise Nuisance a)

The emission of noise from the premises must not result in offensive noise levels being emitted beyond the boundaries of the premises, as determined by Council's delegated officer.

b)

All noise from activities associated with the approved use must not exceed the levels specified in the Table below. Noise level Monday to Sunday dB(A) 7am - 6pm 6pm - 10pm 10pm - 7am measured Noise measured at a 'Noise sensitive as place'* Bkg + 5 Bkg + 0 LA10, adj, 10 mins Bkg + 5 LA1, adj, 10 mins

Bkg + 10

Bkg + 10

Bkg + 5

*For the purposes of this condition the meaning of 'Noise sensitive place' is as defined by Schedule 4 of the Environmental Protection (Noise) Policy 1997.

c) 3.7

The use of public amplification systems, air-horns, sirens and megaphones is not permitted other than in the event of an emergency.

Waste Management a) An on-site refuse storage area must be provided that is screened from view from adjoining properties and road reserve. b) A refuse bin must be located either within, or within close proximity to, the staging area for the use of patrons.

3.6

Hours of Operation The operating hours for patrons shall be between 9am and 6pm Monday to Sunday.

3.7

Protective Screening The approved staging area and playing fields are to be fully enclosed by shade cloth (standard knitted netting) or an alternative impenetrable material having a minimum height of 3.5m to the satisfaction of Council's delegated officer.

3.8

Restricted Areas No activities associated with the approved use are permitted outside of the approved playing fields, staging area or car park. Public access to the premises is restricted to the approved playing fields, staging area, car park and the designated walking tracks linking these areas. No weapons are to be discharged outside of the approved playing

Page 10


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

fields. Only appropriately trained staff who possess a current weapons licence are permitted to handle weapons outside of the approved playing fields and staging area. 3.9

Public Safety Measures a) Brightly coloured and durable warning tape must be installed for the full length of the common boundaries where the approved premises (Lot 857 on NR4773 and Lot 1 on NR800951) adjoin neighbouring properties (currently described as Lot 1 on NR8116 and Lot 2 on NR800951). b) Warning signs are to be installed along the common boundaries with adjoining lots and on the shade cloth barriers of the playing fields at 25m intervals and also at site access points. Signage must have a minimum rectangular dimension of 500mm and content should be red or black lettering on a white background, properly sign written or stencilled with the words “Paintball Shooting Range – Danger Keep Out� (or similar). Signs must be erected such that they are clearly visible to persons approaching the lot boundaries of the approved premises and the playing fields. c) Red warning flags on poles that are clearly visible from all likely approaches are to be installed on the premises. Flag poles must have a minimum height of 3.5m and be erected at the vehicle and pedestrian entrances to the premises. All active fields are to display a red flag. d) The above-described measures are to be installed and maintained for the life of the approved use to the satisfaction of Council's delegated officer.

3.10 Playing Field Separation Distances Should any habitable structure be constructed on an adjoining property within a 100m radius of the approved playing fields, the approved use shall be suspended until such time as the playing field configuration is revised to ensure that all playing fields achieve a minimum separation distance of 100m over clear or sparsely vegetation ground, or 50m over densely vegetated ground as measured from the outermost extent of private open space (excluding bushland) associated with any new habitable structure. Prior to the resumption of the approved use a revised site plan demonstrating compliance with this condition to the satisfaction of Council's delegated officer is to be submitted for endorsement. 3.11 Internal Pedestrian Routes All internal pedestrian routes, as identified on the approved site plan, must be clearly marked and sign posted to indicate the location of the staging area and the nearest emergency assembly point to the satisfaction of Council's delegated officer. 3.12 Playing Field Maintenance All playing fields must be maintained in a natural state free of debris that poses a risk to the safety of patrons (e.g. car bodies, scrap metal, broken glass, chemicals, barbed wire etc). Potentially injurious plant species (e.g. stinging trees, wait-a-while vines) should be removed from the playing fields. 3.13 Emergency Plan An Emergency Plan must be prepared for the premises meeting the standards identified by Queensland's Work Health and Safety Regulation 2011. The applicant/developer must provide Council's delegated officer with evidence that the Page 11


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Emergency Plan is to the satisfaction of the Department of Community Safety prior to the commencement of the use. A copy of the Emergency Plan must be kept at the premises for reference at all times. 4.

Infrastructure Services and Standards 4.1

Access At a minimum, a rural standard access crossover (minimum 4m wide) must be constructed (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed.

4.2

Car Parking/Internal Driveways Car parking facilities are to be located and constructed generally as per the approved plans save that a minimum setback of 3m must be provided between the car park and the road frontage of Lot 857 on NR4773. The Applicant/Developer must ensure that a minimum of 10 spaces for standard vehicles is provided on-site for the use of visitors. Parking spaces must be available solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be sealed with compacted gravel and appropriately drained to the satisfaction of Council's delegated officer prior to the commencement of the use.

4.3

Lighting Where outdoor lighting is required the developer shall locate, design and install lighting such that the potential for light spillage to cause nuisance to neighbours is minimised in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.4

Drinking Water The approved use must be provided with a reliable source of potable water at all times that is conveniently accessible to patrons and staff and that is free of charge (e.g. water tank, water dispenser, bottled water).

4.5

Amenities/On-Site Wastewater Management The facility must be provided with permanent toilet facilities prior to the commencement of the use. The developer must obtain the relevant building and plumbing and drainage permits for the new amenities block and associated on-site treatment system. In doing so the Applicant/Developer must submit an On-site Effluent Report including site and soil evaluation to the satisfaction of Council’s delegated officer. The report must nominate a location for effluent disposal and recommend the most appropriate system based on site characteristics in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547).

Page 12


TRC Tablelands Regional Council - Agenda

4.6

Thursday 20 June 2013

Setbacks from Watercourses No activities associated with the approved use (including permanent or temporary buildings or structures) are permitted within 10 metres of high bank of any permanent watercourse.

4.7

Vegetation Removal The removal of native vegetation is not permitted as part of this approval, the erection of buildings and structures (e.g. amenities block, shade cloth barriers, temporary shade structures etc) is to be carried out so as to avoid the need for further clearing.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

Any change in the use of the existing buildings at the premises may also require a change in building classification under the Building Act. You are advised to contact a Building Certifier to establish if a change in classification of the building is required.

(b)

Advertising signage for the proposed development may require a Development Permit for Operational Works. Please confirm with Council's Planning Officer prior to installing any advertising signage on the premises.

(c)

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(d)

Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(e)

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.deh.gov.au.

(f)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.derm.qld.gov.au.

(E)

CONCURRENCE AGENCY CONDITIONS Department of Transport and Main Roads conditions dated 19 November 2012.

Page 13


TRC Tablelands Regional Council - Agenda

(F)

Thursday 20 June 2013

RELEVANT PERIOD When approval lapses if development not started (s.341) •

(G)

Material Change of Use – four (4) years (starting the day the approval takes effect).

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS • •

Development Permit for Building Work (Amenities block) Compliance Permit for Plumbing and Drainage Work (Amenities block)

THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability,

Page 14


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The subject site comprises Lot 857 on NR4773 and Lot 1 on NR800951. The site is located approximately 7km south of Atherton on Atherton-Herberton Road. Lot 857 is accessed directly from Atherton-Herberton Road and Lot 1 is accessed by traversing the adjoining Lot 2 on NR800951 to the east. Both lots are improved by dwelling houses and a number of ancillary buildings (sheds and a greenhouse). The lots are not serviced by reticulated water supply or sewerage. An unnamed watercourse runs between the lots and traverses Lot 1. The bulk of the site hosts remnant vegetation identified as being "least concern" regional ecosystem for the purposes of the Vegetation Management Act.

DESCRIPTION OF PROPOSED DEVELOPMENT As shown by the proposal plans provided as Attachment 1, the applicant proposes to utilise the vegetated areas of the site for paintball combat games as a recreational pursuit/tourist attraction. Paintball (aka skirmish) is a game where participants split into teams to engage in simulated war games with the use of paintball rifles. The participants are provided with protective clothing and face masks to prevent injury and the paintball pellets are made from a gelatine-like substance that is non-toxic and biodegradable. Most paintball rifles emit a noise in the range of 90-120 decibels when fired, although the Applicant submits that the rifles he intends to use would be in the range of approximately 50-65 decibels. It is proposed that the number of participants on-site at any given time would be between 10 and 16 persons. The proposed facility comprises the following elements: Staging Area: This is basically a waiting area where the participants are briefed and issued with their equipment, when participants are eliminated from the game they must return to the staging area. No weapons are to be discharged in the staging area. The applicant does not propose that any permanent buildings or structures be erected in association with activity. A temporary shade structure is proposed to be erected on game days however when the facility is not operating the shade structure would be dismantled. Playing Fields: Three (3) playing fields are proposed as shown by the proposed site plan. The playing fields are nothing more than small areas of bushland where the games take place under the supervision of staff. The playing fields are proposed to be fully enclosed by shade cloth barriers (approximately 3.5m high) to prevent stray pellets from leaving the area of play. Although some paintball fields include obstacles for use as cover by the participants (e.g. car bodies, barrels, hay bales etc), the Applicant proposes to leave the nominated areas of bushland in their natural state. To the south-west of the site, the nearest dwelling on the adjoining Lot 1 on NR8116 is located approximately 100m from the proposed playing fields, separated by dense bushland. To the north-east of the site, the nearest dwelling on the adjoining Lot 2 on NR800951 is located approximately 180m from the proposed playing fields, separated by moderately vegetated bushland. Visitor Car Park: A visitor car park comprising 10 standard vehicles spaces is proposed as shown by the proposal plans. The Applicant proposes to construct the car parks and associated vehicle manoeuvring areas to a compacted gravel standard. Walking Tracks: The Applicant has nominated pedestrian routes through the site, connecting the car park, staging area and playing fields. It is not proposed that the pedestrian routes be sealed or constructed in any way. Participants would be guided through the site to the playing areas by staff. The Applicant does not propose to provide amenities for visitors and it is not proposed that food or beverages be sold or served at the premises, although participants would be free to bring their own food for consumption on-site. It is proposed that warning measures (signage, tape and flags) be Page 15


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

installed to alert persons approaching the site that they are entering a live fire area. The Applicant has provided an operational document outlining a number of "Terms and Conditions" and "Rules", being general matters related to health and safety and emergency procedures. The proposed operating hours are 9am to 6pm on weekends.

REGIONAL PLAN DESIGNATION The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. Regional Plan Map 3 - ‘Areas of Ecological Significance’ identifies the site as containing areas of General Ecological Significance and High Ecological Significance.

PLANNING SCHEME DESIGNATIONS

Structure Plan designation:

Rural

Planning Areas:

Rural (Where not GQAL)

Planning Scheme Definitions The proposed use is defined as:Outdoor Entertainment and Recreation: Any premises used primarily for entertainment, sporting and recreation purposes where such activities, by their nature, are provided outdoors. The term includes such activities as a racecourse, showground, theme park, bowling centre, pony club, and tennis courts and also includes a clubhouse and ancillary buildings associated with the activities.

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Rural (Where not GQAL) Planning Area specifies that the application is impact assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 314, 317, 324, and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:

The decision must be based on assessments made against the relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant DEOs (the relevant instruments) and a preliminary approval to which section 242 applies.



Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements, advice agency recommendations and submissions received as a result of public notification.



Council may give weight if it is satisfied it is appropriate to consider a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.

Page 16


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.



Chapters 2 to 4 of SPA sets out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:State Planning Instruments (a) (b) (c)

Regional Plan State Planning Policy Standard Planning Scheme Provisions

Local Planning Instruments (a) (b) (c)

Planning Scheme Temporary Local Planning Instrument Planning Scheme Policy

Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied.

DRO 1.1 Biodiversity Conservation Land Use Policy

Complies

Comments Conditioned to Comply. The current version of the Regional Plan's Ecological Significance mapping shows the riparian areas of the site as being HES, however previous versions of the mapping indicated that the site did not contain any areas of HES. The current mapping is considered inaccurate as it comprises large areas of cleared land including the entire house pad of Lot 857. A condition of approval requires the playing fields to be setback from the watercourse traversing the site and no vegetation clearing is permitted. Conditioned to Comply.

1.1.1

Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).



1.1.4

Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.



Page 17


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application: DRO 5.5 Tourist Development Land Use Policy 5.5.4

Tourist attractions (that do not include residential or tourist accommodation) may be developed in the regional landscape and rural production area where such development: (a) is of an appropriate scale for the locality (b) is a facility functionally dependant on being linked with the rural, ecological or resource values of the locality (c) where located in areas of high ecological significance, provides opportunities to present and interpret the ecological values of the area and is designed and operated to have no more than a minor or inconsequential impact on ecological values of the area and any impacts are offset (d) where located within a strategic rehabilitation area, increases ecological connectivity or habitat extent through rehabilitation of native vegetation cover.

Complies

Comments Complies



(b)

State Planning Policies

(i)

The following State Planning Policies have been appropriately reflected in the Planning Scheme. •

(ii)

State Planning Policy 1/92 – Development and Conservation of Agricultural Land

The following State Planning Polices are not reflected in the planning scheme and are relevant to the assessment of this application:

SPP SPP 1/03

SPP1/12

Mitigating the Adverse Impacts of Flood, Bushfire and Landslide Protection of Queensland’s Strategic Cropping Land (SCL)

State Planning Policies Complies N/A

N/A

Page 18

Comments

The subject site is not located within a ‘natural hazard management area’ for landslide, bushfire or flood, which is the trigger for assessment against this SPP. This SPP came into effect 30 January 2012 for the protection of SCL which is a finite resource that must be conserved and managed. The SPP generally aims to protect SCL from developments that lead to permanent impacts or diminished productivity. The site is not identified as SCL or potential SCL.


TRC Tablelands Regional Council - Agenda

Temp SPP2/12

(c)

Planning for Prosperity

Thursday 20 June 2013



This SPP came into effect on 24 August 2012 and is therefore applicable to the subject application given that it was lodged after the SPP was introduced. The SPP aims to facilitate economic growth in Queensland by promoting agriculture, tourism, the State’s mineral & extractive resource industries and construction activities. The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to: a) agricultural uses in areas zoned for agricultural uses; b) urban uses in areas zoned for urban uses; c) tourist development which can be shown to be complementary to an area’s environmental, scenic and cultural values; and d) mineral & extractive resources development which can be shown to be complementary to an area’s primary intended land use. This policy is only relevant to State referral agencies involved in the assessment and not Council as the assessment manager. In this instance, DTMR were the only referral agency and have provided conditions of approval (Attachment 2).

Atherton Shire Planning Scheme 2002 (amended December 2004)

Relevant Desired Environmental Outcomes Complies

DEO 1 – Economic Development A strong, diverse and sustainable economy is achieved through: (i) (ii) (iii) (iv) (v)

(vi)

(vii)

efficient and sustainable rural production in agriculture, horticulture, forestry, grazing, dairying and aquaculture; the conservation and sustainable use of Good Quality Agricultural Land, consistent with State Planning Policy 1/92; the growth of rural industries that support and add value to the primary products of the Shire; a hierarchy of business centres in which the Atherton Business District assumes an enhanced role as the regional centre for the Atherton Tablelands region; Atherton functioning as the regional centre for the Atherton Tablelands by providing a wide range of high order commercial, industrial, educational, professional and social facilities and services; diversified enterprises in commerce and industry, such as nature and recreation-based tourism, offering an increased range of employment prospects, particularly for the Shire’s youth; and the prudent use of extractive resources.

Page 19

Comments Complies




TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Complies

DEO 2 – Settlement Pattern An orderly, cohesive and legible pattern of development is established that: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)



is consistent with the FNQ Regional Plan; promotes and facilitates growth in urban areas to achieve an efficient use of land and infrastructure whilst maintaining a high standard of amenity; minimises the loss and prevents the fragmentation of Good Quality Agricultural Land; accommodates rural residential living in preferred locations; results in development being sympathetic to the physical, landscape and social settings; recognises the function of the town of Atherton as the regional centre of the Atherton Tablelands; reinforces the hierarchy of business centres in the Shire; and provides opportunities for industry to expand in appropriate locations to broaden the Shire’s economic base.

DEO 3 – Community Development and Quality of Life

Complies

Liveable communities with a strong identity recognising the past are achieved. In these communities: (i)

(ii)

(iii) (iv) (v) (vi)

Comments Complies

facilities and services such as health care and crisis care, recreation facilities and open space are made available in a timely, efficient and cost effective manner; the character and scale of the existing built environment in the towns and villages is protected and enhanced by sympathetic and complementary forms of new development; shopping, community, cultural, entertainment and recreation facilities are available to the majority of residents in accessible and convenient locations; a choice in affordable housing types is available in step with the changing demography of the Shire’s population; facilities are accessible to residents on an equitable basis; and evidence of past land use and activities is recognised and valued.

Page 20

Comments Complies




TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Complies

DEO 5 – Infrastructure Infrastructure is delivered and maintained in an efficient, cost effective and equitable manner through: (i) (ii)

(iii) (iv) (v) (vi) (vii) (viii)

(ix)



the coordination between infrastructure services, land use planning and economic development activities; the timely and efficient delivery of development infrastructure to urban and rural residential areas, so that the community is not subsidising development either directly or indirectly; encouraging consolidation of development in the existing urban areas and villages to make better use of existing physical and social infrastructure; consolidating the highest level of social infrastructure within Atherton as the regional centre for the Atherton Tablelands; identifying and realising opportunities for appropriate forms of public transport to service the community; encouraging the use of cycling and walking and providing cycleway and footpath networks; adopting efficient and sustainable systems for waste management and stormwater management; protecting major infrastructure items such as the water reticulation system from the Tinaroo Dam to the Mareeba-Dimbulah Irrigation Area and major transport facilities including roads and rail networks; and taking into account environmental, natural resource and social considerations in infrastructure planning, design, construction and operation.

Complies

DEO 4 – Natural and Cultural Resources The outstanding natural assets, environmental qualities and cultural resources are protected and enhanced by: (i) (ii)

(iii) (iv) (v) (vi) (vii)

(viii) (ix)

Comments Complies

ensuring development respects biodiversity values and is consistent with the principles of ecological sustainability; adopting a bio-regional approach to the sustainable use of natural resources that encompasses both protected and non-protected natural areas and environmental assets; protecting the areas of outstanding ecological value, air, water and land resources; protecting the ecological requirements of aquatic systems through the management of water quality on an integrated catchment management basis; protecting the resource of the Atherton Basalt Aquifer; identifying and protecting sites and features of outstanding natural and cultural heritage significance as well as the scenic values of the Shire; conserving World Heritage values within the Wet Tropics World Heritage Area through the recognition of the intentions of the Wet Tropics Management Plan and the objectives of the World Heritage Protection and Management Act 1993; ensuring development in or adjacent to areas of outstanding natural or cultural heritage significance is sympathetic to and compatible with those areas; and realising opportunities to achieve habitat protection and linked vegetation and wildlife corridors where practical.

Page 21



Comments Conditioned to comply


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part C Part C

4.7 Open Space and Recreation Codes 4.7.1 General Open Space and Recreation Code 4.12 Car Parking and Vehicular Movement Code

The application did not include an assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes General Open Space and Recreation Code Car Parking and Vehicular Movement Code

(e)

Comments Conditions will be required in relation to:  Refuse bin storage and screening.  Car park setback.  Nightlighting. Conditions will be required in relation to:  Car park design and construction;  Car park numbers.

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 – Road Construction Standards and Operational Works Development Standards No road construction works are required as a result of the proposed development, any operational works must be undertaken in accordance with the specifications of the FNQROC Development Manual. No. 2 – Roadworks External to a Site – Contributions Not applicable as the subject site abuts and would be accessed directly from the State Controlled Road. Atherton Shire Infrastructure Charges Plan The subject site is not serviced by Council's reticulated water supply and sewerage and it is not proposed to connect the development to such networks. No charges apply. REFERRALS Concurrence The application triggered referral to the Department of Transport and Main Roads (DTMR) as a Concurrence Agency for development related to State Controlled Road. That Department advised in a letter dated 19 November 2012 that they require the conditions to be attached to any approval (Attachment 2).

Page 22


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

PUBLIC NOTIFICATION The development proposal was placed on public notification from 26 March 2013 to 17 May 2013. The applicant submitted the notice of compliance on 23 May 2013 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Noise The Applicant has submitted information stating that the proposed activity would not generate noise levels likely to cause a nuisance to nearby residents. No detailed information has however been submitted by a qualified person. Regardless, Council's Planning officer does not believe that such an assessment is warranted in this instance as the proposed operation is of a minor nature and ample separation is proposed between the playing fields and nearby dwellings. Conditions of approval are recommended to ensure that noise impacts are managed appropriately. In particular, condition 3.6 specifies the noise emissions that are permitted above background levels when measured from any 'Noise Sensitive Place' (includes dwellings and other habitable buildings) and restricts the use of noise generating devices such as air-horns and public amplification systems to emergency situations. Condition 3.6 has been adapted from Council's standard ERA conditions for development located in close proximity to noise sensitive uses. Amenities The Applicant has not proposed to provide amenities on-site for patrons or staff sighting the associated costs as being prohibitive (approx. $10,000) and stating that the existing paintball facility at Kuranda does not have similar facilities. Firstly, with respect to the latter statement, Council's Planning Officer has visited the Kuranda facility, and the paintball operation is just one component of a larger tourist operation ("KangaVenture"). Although the paintball fields at the Kuranda facility do not have amenities located in the immediate vicinity of the playing fields, there are amenities located in the function centre, which is well within walking distance of the paintball fields. Furthermore, Council's Planning officer has discussed the matter thoroughly with the Manager Urban and Regional Planning, Council's Senior Planner (South) and officers from Council's Building and Plumbing Section, all of whom are of the opinion that such a facility should be provided with an amenities block designed and constructed to the relevant standards. While the relevant codes of the planning scheme do not specifically state that amenities must be provided, Council's Planning Officer strongly believes that the proposed condition withstands the test of what is "reasonable and relevant" for the purposes of the Sustainable Planning Act 2009. Public Safety The Queensland Police Weapons Licensing Branch requires that persons looking to set up a paintball firing range must obtain the relevant licences prior to commencement. The Applicant is aware of the licensing requirements and a condition of approval requires that the Applicant provide written evidence from the Queensland Police stating that they are satisfied that their requirements have been met and that they have no objections to the commencement of operations. The Weapons Licensing Branch has released guidelines for operators that cover a number of matters that would normally be conditioned by Council. Council's Planning Officer has attempted to ensure that the recommended conditions are consistent with the aforementioned guidelines, however a condition of approval is recommended clearly stating that the weapons licensing requirements override the conditions of the development permit to the extent that there is any conflict. The conditions in question largely relate to elements such as buffer distances, protective screening and warning measures (e.g. shade cloth barriers, warning signs and flags).

Page 23


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

The Operational Plan (refer to Attachment 1) provided by the Applicant is included in the list of approved plans and documents as its cover general matters related to the safe operation of the facility (e.g. safety equipment and procedures, acceptable conduct). By law the facility is required to have an Emergency Plan that satisfies the provisions under section 43 of the Work Health and Safety Regulation 2011 (Qld). Council's Planning Officer does not consider that the Operational Plan submitted adequately addresses the relevant criteria under the WH&S Regulation and therefore a condition of approval is recommended to ensure that an appropriate plan is in place prior to the commencement of the use (refer to condition 3.13). Date Prepared:

12 June 2013

Page 24


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 1 APPROVED PLANS & DOCUMENTS (DWS VS 3220028)

Page 25


TRC Tablelands Regional Council - Agenda

Page 26

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 27

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 28

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 2 DTMR CONCURRENCE AGENCY RESPONSE (DWS VS 3107406)

Page 29


TRC Tablelands Regional Council - Agenda

Page 30

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 31

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 32

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 33

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 34

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 35

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 36

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-2

Thursday 20 June 2013

DEVELOPMENT APPLICATION COMPLAINT CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (g)

any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.

Page 37


TRC Tablelands Regional Council - Agenda

Page 38

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

REGULATORY SERVICES ITEM-3

PIGNAT - REMOVAL OF STRUCTURES FROM PROPERTY JACARANDA DRIVE, MILLSTREAM. CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (f) starting/defending legal proceedings involving Council.

Page 39


TRC Tablelands Regional Council - Agenda

ITEM-4

Thursday 20 June 2013

COWAN - MCDONNELLS LAW - 2 GARNET STREET, MT GARNET CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (f) Status or defending legal proceedings involving Council.

Page 40


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

CORPORATE PLANNING, PERFORMANCE & RISK ITEM-5

REGISTER OF ROADS MAINTAINED POLICY - ADDITIONAL ROAD FOR THE REGISTER OF ROADS TO BE MAINTAINED MCHUGH LOOKOUT ROAD MILLAA MILLAA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

John Breen, Senior Advisor Infrastructure Planning

DEPARTMENT:

Planning and Development

EXECUTIVE SUMMARY The Department of Transport and Main Roads has recently provided a copy of the road gazettal plan for the East Evelyn Road. This excludes the 750m long section of former state-controlled road to the McHugh Lookout which now comes under the jurisdiction of the Tablelands Regional Council. One property, described as Lot 308 on NR1035, is accessed from this section of road and currently has an incorrect rural road address of 407 East Evelyn Road. To correct this anomaly it is prudent to rename this section of road. As the McHugh Lookout is visited by many tourists and locals alike it is considered appropriate to name this section of road "McHugh Lookout Road" OFFICER'S RECOMMENDATION "That Council resolve to: 1. Name the section of road between East Evelyn Road and McHugh Lookout, which also provides access to Lot 308 on NR1035, McHugh Lookout Road. 2. Advise the owners of Lot 308 on NR1035 that the section of road between East Evelyn Road and McHugh Lookout is accepted by Council on to the Road Register in accordance with its adopted policy 'Addition of Roads to the Register of Roads Maintained Policy'; and 3. Advise the relevant government agencies and correspondents to the matter confirming the road name." BACKGROUND The Department of Transport and Main Roads recently sent a copy of the road gazettal plan for the East Evelyn Road which does not include the 750m long section between the East Evelyn Road and McHugh Lookout. Accordingly this section of former state controlled road reverts to Tablelands Regional Council Jurisdiction. This sealed road provides practical and legal access to Lot 308 on NR1035. The subject road is shown on the map in Figure 1.

Page 41


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

A recent inspection confirms the road is contained within the road reserve and is in reasonable condition although in need of some pothole patching. The road is proposed to be included on to the Road Register as per the 'Addition of Roads to the Register of Roads Maintained Policy'. As per policy, this report is to provide Council with notice of proposed roads to be included onto the register.

Figure 1 - Location of the subject section of road in relation to the road network.

The costs to maintain this 750m section of road, in order to maintain the current level of service, is estimated at $3,000 per year. At present, Lot 308 on NR1035 has an incorrect rural road number which would pose a problem for emergency services if they were called out to this property. The renaming of this road will enable the correct rural road number to be issued. When considering names for roads, officers refer to the Road Naming Policy for guidance. The policy provides a list of available names for each locality derived from the following sources: • The names of fallen soldiers from the relevant district; • Aboriginal place names and language words within the relevant district; and/or • The names of historical or significant places, themes, families and individuals within the relevant district. For the Millaa Millaa and nearby localities, the list of available names is as follows: DISTRICT 14 Made up of the localities of Beatrice, Ellinjaa, Jaggan, Middlebrook, Millaa Millaa, Minbun, Moregatta, Mungalli, Tarzali

Page 42


TRC Tablelands Regional Council - Agenda

Name

Source

Arthur Ashford

Pioneer Family L.J. Ashford Killed in WWII Pioneer Family Pioneer Family Pioneer Family Pioneer Family Pioneer Family J.L. Boothman Killed in WWII Pioneer Family Pioneer Family J. Brownjohn Killed in WWII A. Brunning Killed in WWII R. T. Buckley Killed in WWII Pioneer Family C. Cockerill Killed in WWII Jack Dansie Killed in WWII Pioneer Family Pioneer Family H.H. & F.G. Farlow Killed in WWII

Attewell Bartlett Barton Bishop Bock Boothman Bramich Brotherton Brownjohn Brunning Buckley Carmichael Cockerill Dansie Donaghy Donoghue Farlow

Page 43

Thursday 20 June 2013

Geographical relevance Millaa Millaa

Millaa Millaa Tarzali Jaggan Minbun/Moregatta Millaa Millaa Tarzali Millaa Millaa Minbun

Jaggan Millaa Millaa Millaa Millaa Tarzali Tarzali Millaa Millaa


TRC Tablelands Regional Council - Agenda

Gaillard Gray Grebert Griffiths Hannah Hubner Jackerman Jenkins Judd Lawrence Makepeace Mansfield Mears Nagle Oliver Pakenham Portegys

Robertson Sackley Sanderson Sanderson Small Sneath Snell Steinhardt Swain Sweep Trantee Tranter Trevenen Weinert West

L.D. Gaillard Killed in WWII Pioneer Family Pioneer Family Pioneer Family R. Hannah Killed in WWII Pioneer Family G.E. Jackerman Killed in WWII Pioneer Family L. Judd Killed in WWII Pioneer Family E. Makepeace Killed in WWII Pioneer Family Pioneer Family J. Nagle Killed in WWII Pioneer Family A. Pakenham Dairy farmer in Millaa Millaa area from mid 20th century, prominent member in Atherton Tablelands Trial Horse Riding Club. R.Mc.K Robertson Killed in WWII Pioneer Family L.P. Sanderson Killed in WWII L. Sanderson Killed in WWII B. S. Small Killed in WWII Pioneer Family Pioneer Family Pioneer Family F.C. Swain Killed in WWII Pioneer Family Long term residents Elaine & Henry Both active in dairy industry and horse trial riding. Pioneer Family Pioneer Family Pioneer Family

Page 44

Thursday 20 June 2013

Millaa Millaa Millaa Millaa Minbun/Moregatta Millaa Millaa Millaa Millaa Millaa Millaa Minbun/Millaa Millaa Millaa Millaa Minbun/ Millaa Millaa Millaa Millaa Millaa Millaa Millaa Millaa Jaggan Tarzali

Tarzali Millaa Millaa Millaa Millaa Millaa Millaa Tarzali Millaa Millaa Tarzali Tarzali Millaa Millaa

Tarzali Tarzali Millaa Millaa


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

The theme of tree names is established in the original town of Millaa Millaa. The continuation of this theme in this area is supported by Council. The owners of Lot 308 on NR1035, and the Millaa Millaa Chamber of Commerce were advised in writing of the intention to rename this section of road. The Millaa Millaa Chamber of Commerce has advised that they support the proposal. No response was received from the owners of Lot 308. Given that this road provides sole access to the lookout it is recommended that this road be named McHugh Lookout Road rather than one of the names on the above list of available road names. When roads are renamed those property owners affected and the following authorities are notified by Council: • • • • • • • • •

Department of Emergency Services Queensland Fire and Rescue Service Queensland Ambulance Service Queensland Police Service Department of Environment and Resource Management Australian Electoral Commission Australia Post, Ergon Energy Telstra

LINK TO CORPORATE PLAN Outcome – Connecting our Region Well connected and integrated systems and networks to support the Region’s economic base as well as provide greater mobility and improved accessibility options for the community. STRATEGY Traffic Management

Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.

Outcome – Regional Infrastructure Regional infrastructure networks designed, implemented and maintained to meet the Region’s current and future needs. STRATEGY Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal General Manager Planning and Development - Steve Ripper General Manager Infrastructure and Maintenance - Trevor Adil External Tone and Lee Frayne & Louise Haworth, owners of Lot 308 on NR1035. Millaa Millaa Chamber of Commerce

Page 45


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) The road provides legal and practical access to Lot 308 on NR1035. Council has legal responsibility for constructed roads contained within the gazetted road reserve. POLICY IMPLICATIONS In preparing this report, due consideration was given to the following: • 'Addition of Roads to the Register of Roads to be Maintained Policy'; • 'Road Naming Policy' and the • The Australian Standard (AS/NZS 4819: 2011) for Rural and Urban Addressing. FINANCIAL & RESOURCE IMPLICATIONS Capital No capital expenditure is required to maintain the current level of service. Operating The estimated cost to maintain the road is estimated at $3,000 per annum which includes general roadside vegetation management and carriageway maintenance as required. Is the expenditure noted above included in the 2012/2013 budget? NIL. If not you must recommend how the budget can be amended to accommodate the expenditure No work is expected to be needed in the current financial year however the above amount will need to be accommodated in the 2013/14 year operating budget. IMPLEMENTATION/COMMUNICATION Should Council adopt the recommendation, the following will be actioned: 1. 2. 3. 4.

Internal systems updated to reflect the existence and naming of the road reserve; Council's road register updated; Relevant government agencies informed of Council's decision; and The owners of Lot 308 on NR1035 be notified of the new road name and new rural road number.

ATTACHMENTS 1.

Letter from Millaa Millaa Chamber of Commerce in support of the proposal. DW# 2754646

Date Prepared:

11/6/2013

Page 46


TRC Tablelands Regional Council - Agenda

Page 47

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 48

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

CORPORATE AND COMMUNITY SERVICES FINANCE ITEM-6

FINANCIAL REPORT FOR THE PERIOD ENDING 31 MAY 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

19 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Jennifer McCarthy, Manager Finance

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2012 to 31 May 2013. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 May 2013 and that there was no emergency procurement transaction during this month". BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 May 2013, Council shows an operational deficit of $14,675,242 compared to budgeted YTD deficit of $7,527,669. May 2013 - Snapshot Total Operating Income Total Operating Expenditure Operating Surplus/(Deficit) Total Capital Income (grants, developer contributions) Net Result - Deficit

$ $ $ $ $

90,711,111 105,386,353 (14,675,242) 7,986,340 (6,688,902)

The operational deficit is covered by NDRRA prepayments which are held in reserves. The transfer of reserve funds for Council Flood Damage to offset part of the deficit shown above will be provided for in the year end accounts (there is currently $13.2M in operational grants reserves for Council Flood Damage works that have been received in advance of works being undertaken).

Page 49


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Capital Expenditure Total capital expenditure (excluding commitments) of $29,922,086 has been spent against the $60,817,389 budgeted for the period ending 31 May 2013. The graph below illustrates actual YTD expenditure and annual budget. Capital Actual v Budget Wastewater Water Waste Devel & Planning

Actual Commitments

Parks

Remaining spend

Constr & Maint Plant & Facilities Corp & Comm Serv Govern & Exec -

2

4

6

8

10

12

14

16

18 20 Millions

Income Analysis Total income (including capital income) for the period ending 31 May 2013 is $98,697,451 compared to the YTD budget of $126,758,637. The graph below shows May 2013 income compared to the same period last year (actuals and budget). May-12

Actual Income V Budget Income

May-13 Budget 12/13

$60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $Net Rates & Utility Charges

Fees & Charges

Operating Grants, Subsidies & Contributions

Interest Revenue

Page 50

Works for Third Parties

Other Revenue

Capital Income


TRC Tablelands Regional Council - Agenda

Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Received Works for Third Parties Other Revenue Capital Income

Thursday 20 June 2013

Actual YTD

Budget YTD

Note

50,407,773 2,120,108

49,734,825 1,826,076

1

14,403,889 3,082,738 14,593,958 6,102,645

24,628,103 4,863,319 25,927,204 6,011,369

2 3 4

7,986,340

13,767,741

5

Variances to note are: 1.

Two (2) old DA applications have lapsed and a budget has been set of $75K in case IPA08/45, IPA08/46 & IPA08/47 need to be refunded. 26 cemetery reserves have been paid in advance for Atherton & Mareeba Cemeteries this year due to new mausoleum walls being completed; hence, income has substantially exceeded the budget. Mareeba Septic waste income is also higher than anticipated showing a 71% increase to date. Food licences have been issues for the 2013/14 year of $101K which currently sit in this financial year, however, will be adjusted at year end.

2.

A 2012/13 Prepayment for FAG was received in June 2012 of $5.09M which made up a large percentage of the total annual allocation. Council has received all FAG payments for 2012/13; a prepayment for the 2013/14 financial year has already been received in early June of $4.7M. No additional income will be received for the 2010 Council Flood projects, due to income exceeding expenditure to date, the current budget deficit will be offset by transferring reserve funds at year end. There has been no funding approved for 2011 Council floods due to TRC not spending more than the prepayment amount at this stage. 2012 Council flood has preapproved funding of $623K, no submissions have been lodged as yet.

3.

Budget for Interest apportioned monthly. Interest income is lower than anticipated due to a reduction in interest rates.

4.

MRD Flood Damage for 2010 & 2011 years below budget by $9.6M, majority ($7.5M) of this relating to the 2010 flood. Council have almost completed 5 Main Roads Flood damage jobs, with progressive claims lodged, however due to lack of State Government funding, projects requested by Main Roads for flood damage and/or minor projects have stalled. The May RMPC claim has not yet been lodged expected to be approx $460K.

5.

Capital Developer Contributions are below budget at the end of May; $2.7M for Roads & Bridges and $1.1M for Sewerage. Income of $731K from DEEDI for the Mareeba Airport has been reversed in 12/13 but raised in 11/12 year as progress payments do not form part of the Financial Incentive Agreement. New Invoices will be issued to respective contractors for each milestone. 2 TID claims have been submitted so far, more claims will be submitted before year end, and expected to recoup $500k in expenditure.

Expenditure Analysis Total expenses for the period ending 31 May 2013 are $105,386,353 which is lower than the YTD budget of $120,518,565. The graph below shows May 2013 expenditure compared to the same period last year (actuals and budget).

Page 51


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013 May-12

Actual Expenditure V Budget Expenditure

May-13 Budget 12/13

$80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000

`

$30,000,000 $20,000,000 $10,000,000 $Employee Expenses

Description Employee expenses Materials & Services Depreciation expenses Finance & Borrowing costs

Materials and Services

Depreciation expenses

Finance and Borrowing costs

Actual YTD

Budget YTD

Note

28,788,164 60,991,811 15,009,415

29,711,335 75,637,576 14,643,770

1

596,963

525,884

Variances to note are: 1.

Repairs & Maint, goods/materials/services etc, predominately for flood damage not yet expensed.

Loan Borrowings Council's loan balances as at 31 May 2013 is as follows: QTC Loans $8,364,785 DLGP Loan $ 305,250 Finance Lease $ 259,661 $8,929,696

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 31 May 2013 is $2,885,235 which includes six monthly rates that were due on 21 March 2013. As compared with the same time last year, which was $2,412,720, the result is less favourable.

Page 52


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Sundry Debtors The total outstanding for Sundry Debtors as at 31 May 2013 is $1,815,664.41 which is made up of the following: Current

30 days

60 days

90 + days

$889,940.93 49.0%

$178,401.21 9.8%

$72,003.67 4.0%

$675,318.60 37.2%

$386,303 or 41.7% of outstanding debtors 30 days or greater relate to government departments. Council's debt collection agency, Collection House, has collected $185,384 for the month of May and $961,970 since the commencement of their contract in December 2012. Procurement Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. There were no transactions classified as an 'Emergency' purchase during the month of May 2013. LINK TO CORPORATE PLAN

Knowledge Management

Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION Internal Financial Accountant Management Accountant External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government‌if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

Page 53


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil ATTACHMENTS 1.

Financial Statements - May 2013 (DWS# 2771763)

Date Prepared:

12 June 2013

Page 54


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENTS

TABLELANDS REGIONAL COUNCIL

Balance Sheet For the period ended 31st May 2013 2012/13

2011/12

Current Assets Cash and cash equivalents Trade and other receivables Inventories Total Current Assets

68,441,722 9,131,729 5,585,886

89,384,869 14,233,092 5,466,578

83,159,337

109,084,539

Non-Current Assets Receivables Property, plant and equipment Capital works in progress Intangible assets Total Non-Current Assets

21,000 681,819,718 44,439,697 2,877,828

1,000 690,791,061 22,566,048 1,895,257

729,158,243

715,253,366

Total Assets

812,317,580

824,337,905

6,855,960 376,601 308,923

11,156,846 566,361 193,004

7,541,484

11,916,211

1,496,394 8,553,095 13,422,974

1,496,394 8,812,756 13,422,971

Total Non-Current Liabilities

23,472,463

23,732,121

Total Liabilities

31,013,947

35,648,332

781,303,633

788,689,573

633,509,527 66,982,148 19,819,566 60,992,392

635,918,339 67,380,127 24,398,714 60,992,393

781,303,633

788,689,573

Current Liabilities Trade and other payables Borrowings Provisions Total Current Liabilities

Non-Current Liabilities Trade and other payables Borrowings Provisions

NET COMMUNITY ASSETS Community Equity Shire Capital Asset revaluation reserve Retained surplus/(deficiency) Other reserves

TOTAL COMMUNITY EQUITY

Page 55


TRC Tablelands Regional Council - Agenda

ATTACH AS A3 PAGES

Page 56

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 57

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 58

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

CUSTOMER & COMMUNITY SERVICES ITEM-7

FINANCIAL AND IN KIND SUPPORT PROGRAM APPROVALS - 20 JUNE 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Amanda Riches, Manager Customer and Community Services

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Council received sixteen applications totalling $7,188 for financial and in-kind support requiring consideration. These have been assessed in accordance with the Financial and In-Kind Support Program policy. • • •

Ten applications with a value of $2,484 have been processed through staff delegation. Two applications with a value of $1,204 are recommended for not approval. Four applications with a value of $3,500 for approval.

OFFICER'S RECOMMENDATION "That Council: 1.

Approve: a. b. c. d.

2.

Fiks1333 Atherton Hockey Association Fiks1342 Atherton Hockey Association Fiks1348 Atherton Hockey Association Fiks1355 Malanda Horse & Pony Club

Youth Achievement Youth Achievement Youth Achievement Cash Donation

$500 One off $500 One off $500 One off $2,000 One off

Not Approve: a. Fiks1334 Paul Turner b. Fiks1354 Grief line Community Services

Remittance of Fees Cash Donation

$1,104 One off $100 One off

BACKGROUND CASH DONATION

$3,500

FIKS1333, 1342 & 1348 ATHERTON HOCKEY ASSOCIATION Youth Achievement – One off

$1,500

Fiks1333 Atherton Hockey Association is sending an U15 girls hockey team to the U15 Girls State Championships in Ipswich 1-5 July 2013.

Page 59


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Fiks1342 Atherton Hockey Association is also sending an U13 girls team to compete in the U13 Girls State Championships in Mackay 24-28 June 2013. Fiks1348 Atherton Hockey Association is also sending an U13 boys team to compete in the U13 Boys State Championships at the Sunshine Coast 24-28 June 2013. The Atherton Hockey Club has already received a $2,000 refund on building and plumbing fees for its new clubhouse this financial year. Section 4.1 of Council’s Financial and In Kind Support Program policy states that: The total amount of assistance provided to a future applicant or a specific project or event in each financial year is to be a maximum of $2,000……. ……The $2,000 cap does not apply to individual young people applying for assistance to achieve excellence in academic, sporting, cultural and community activities as set amounts are specified below at Section 6.8 (Youth Achievement Assistance). Section 6.8 caps staff delegation for individual youth achievement to $300 per applicant per year, after which applications should be presented to Council for consideration. Section 6.8 of the policy provides for: $50 per individual team member, with a maximum of $500 per team, selected to represent North Queensland to compete against other regions/districts at a State level $300 for team or $75 per individual team member or whichever is lesser amount, selected to represent Queensland against others states at a National competition level. There is no provision within the policy that guides approval of team applications; these have therefore been provided for Council’s consideration. History – Remittance of Fees $2,000 One off November 2012. FIKS1355 MALANDA HORSE & PONY CLUB Cash Donation – One off Note: This application will be processed in the 2013-2014 financial year.

$2,000

Malanda Horse & Pony club has applied for a cash donation of $2,000 towards the cost of purchasing sand for their arena project. Total cost for the new sanded equestrian area will be $5,000 with the club paying the excavation cost of $3,000. Given the high level of wet weather in Malanda this new sanded arena will offer an additional undercover activity space at the club. History – Remittance of Fees $2,000 One off October 2012 NOT APPROVE

$1,204

Recommend not approve as Mr Turner does not hold public liability insurance. FIKS1334 PAUL TURNER Cash Donation - $240 One off Remittance of Fees – $864 One off

$1,104

Mr Turner is seeking to re-establish his Tai Chi classes at various locations around the Southern Tablelands. Targeted at the elderly, classes aim to slow down the onset of arthritis, osteoporosis and asthma. The younger generation can also benefit with Tai Chi assisting growth of personal confidence and reducing stress. Mr Turner encourages children to attend with their parents. Page 60


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Mr Turner originally applied to Council for a remittance of hall hire fees at the following locations: • • •

Herberton Shire Hall; Malanda Show Pavillion; and Atherton Merrilands Hall.

However, as classes are already conducted at these locations, Council officers requested that Mr Turner contact Queensland Health to coordinate his classes and avoid conflicts with existing providers. Mr Turner is now planning to run classes at the following locations: • • •

Herberton Shire Hall – 40 sessions @ $8 per session = $320 Kairi – 40 sessions @ $8 per session = $320 Jaggan Hall – 40 sessions @ $20 per session = $800

As class attendance is often low and it is difficult to cover costs, Mr Turner is requesting a paper donation (minimum $5) for participation in classes this year, rather than the gold coin donation previously requested. It should be noted that existing classes in Atherton, Malanda, Yungaburra and Ravenshoe are based on a gold coin (or $2) donation. Mr Turner is offering these classes without public liability insurance and with no association with a club or group that can provide the necessary cover. Council’s hall hire policy requires regular users of Council halls and facilities (those people hiring a facility more than 10 times in any 12 month period) to hold their own public liability insurance. From a risk management perspective it is recommended that Council, therefore, not approve this application. History – Nil Recommend not approve as it is not a local organisation. Financial and In-Kind Support Program is not the vehicle to introduce a new counselling service. Council has it’s own Community Services through which grief counselling is provided to the community. FIKS1354 GRIEFLINE COMMUNITY & FAMILY SERVICES Cash Donation – One off

$100

Grief Line Community & Family Services has written to Council seeking cash donation. This Australia wide organisation provides opportunity for people experiencing grief to share their story with someone who will listen, care and support. The organisation receives referrals from Lifeline, Beyondblue and the Cancer Council. Local community groups were not aware of this service. History – Nil STAFF APPROVED

$2,484

FIKS1343 MARK WILCOX Youth Achievement – One off

$100

Mark has been chosen to compete with the U19 Peninsula Boys Hockey team competing in School State Carnival Townsville 23-26 May 2013. From the Townsville competition teams will be chosen to represent Queensland. History – Cash $200 One off – Cricket Championships January 2013 Page 61


TRC Tablelands Regional Council - Agenda

FIKS1344 NORTH QUEENSLAND MINERS ASSN In-Kind Assistance – One off

Thursday 20 June 2013

$300

North Queensland Miners Association is hosting its annual gold panning championships at the Mareeba Heritage Centre on Saturday 10 August 2013. This event has been held at the Heritage Centre for the last 6 years. The association has applied for in-kind assistance with 70 chairs, 25 tables and 6 rubbish bins. Delivery and collection of the items and emptying of bins $300. There will also be people camping on site and they have requested the sprinklers be turned off, this will be done at no cost. History – Nil FIKS1345 KARLI RIESEN Youth Achievement – One off

$100

Karli has been chosen as goalkeeper for the U19 Peninsula Girls Hockey team competing in School State Carnival Townsville 23-26 May 2013. From the Townsville competition teams will be chosen to represent Queensland. History – Nil FIKS 1346 SING AUSTRALIA – MAREEBA GROUP Cash Donation – One Off

$835

Sing Australia Mareeba Group has applied for cash assistance in the purchase of sound equipment. The use of this equipment will enable the singing group to be heard much clearer at functions. The quote for the equipment is $834.84. The Mareeba Group is made of mainly pensioners from the local community. They offer their services at no cost to sing at community functions and cover their own travel costs. Some venues they have previously performed at are Taste of the Tablelands, Herberton Pioneer Day, and Anzac Day in Mareeba and Mt Molloy, Mareeba Multicultural Festival. In 2012 they attended the Ingham Italian Festival and have been invited back in 2013. History – 2010/2011 Cash $1,000 One off FIKS1347 MARIO RASO Remittance of Fees – One off

$463

Mr Raso offers a display of farming heritage at his property 490 willows Road Tolga which is called Tableland Heritage Centre. This display can be viewed by making a voluntary donation. Mr Raso has applied to Council for a refund of fees $463 paid on receipt 449389 for advertising signage approval. Entry to this display of tablelands agriculture history is by a gold coin donation. History – Nil FIKS1349 ATHERTON MAIZE FESTIVAL COMMITTEE Remittance of Fees – One off

$86

Atherton Maize Festival Committee is holding their Maize Festival Cabaret 24 August 2013 at Merriland Hall and has applied to Council for remittance of the hall hire fees.

Page 62


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

The committee is made up of volunteers who will organise the event and cover associated cost with catering and decorations. This event provides a fun night out for the Tableland community and money is raised for local charities. 2012 donations went to the local ambulance. This will come from the 2013/2014 budget History – 2012 Maize Festival Cash $200, In-Kind $933, Remittance of Fees $165 FIKS1350 JOHNSON MAKOTI Youth Achievement – One off

$100

Johnson is representing the Peninsula region at the U19 Cross Country State Championships in East Bundaberg 21/22 July 2013. Johnson will be competing in the 6 km race. History – Nil FIKS1351 BREANNE WADLEY Cash Donation – One off

$100

Breanne (7 years) competed in the Easter Open Bic Australian National Titles in Perth at Easter 2013. Breanne has already competed in the Queensland and NSW State Titles. History – Nil FIKS1352 TRAVIS WADLEY Youth Achievement – One off

$200

Travis (9) competed in the Easter Open Bic Australian National Titles in Perth at Easter 2013 and the Victoria State Titles in Melbourne April 2013. Travis has competed in numerous regattas across the state and came second in the Tinaroo Sailing Championships in 2012. History – Nil FIKS1353 KRISTEN WADLEY Youth Achievement – One off

$200

Kristen (11) competed in the Easter Open Bic Australian National Titles in Perth at Easter 2013 and the Victoria State Titles in Melbourne April 2013. Kristen is currently holds the U13 Girls World Title, Queensland and NSW titles. Kristen has been awards the Junior Sport Star Award and Council nominated Kristen for the North Queensland Junior Sportstar Award. History – Cash $200 One off – November 2012 – World Open Cup THANK YOU LETTERS RECEIVED Christina Johnson • Thank You to Council for the Veterinary Student Bursary. Christina was previously a student of St Teresa’s Ravenshoe and Mt St Bernard College Herberton. Now attending James Cook University Townsville. Torimba Festival Committee • Thank You to Council for their generous donation in their support of the Annual Torimba Festival.

Page 63


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

SUMMARY OF APPLICATIONS Type of Assistance

Amount ($s)

Approve

3,500

Staff Approve Sub Total

2,484 5,984

Not Approve Total Applications

1,204 7,188

2012/2013 Financial & In-Kind Support Budget

350,000

Funds Committed as Ongoing Applications

175,784

Funds Approved to date 2012/2013 One off • Includes staff approvals • Special project $50,000 • Avenue of Honour $20,000

164,349

Balance Available for Distribution 2012/2013

8,367

Recommended Approvals this round

3,500

Funds Available for Allocation if Recommendations are Approved

4,867

LINK TO CORPORATE PLAN A Vibrant and Healthy Community: A community that proudly supports a sense of place and identity within the region and contributes towards an enjoyable, active, healthy and safe living environment. A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations.

CONSULTATION Internal Matthew Hyde, General Manager Corporate & Community Services Amanda Riches, Manager Customers & Community Services Group. Tony Alston, Co-ordinator Stores External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS In accordance with the Financial and In-Kind Support Program Policy and Guidelines Page 64


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2012/2013 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil Date Prepared:

12 June 2013

Page 65


TRC Tablelands Regional Council - Agenda

Page 66

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

PLANT & FACILITIES ITEM-8

KURANDA HORSE AND PONY CLUB - LEASE OF LOT 251 NR5604

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Matt Smith, Sport and Recreation Coordinator

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Lot 251NR5604 is a special lease for recreation purposes for the Tablelands Regional Council. The Kuranda Horse and Pony Club has a sub lease over the whole area. The lot in question also contains a care takers residence and tennis court. There is no tenure over the tennis court and any use other than for a horse and pony club is considered a breach of the lease conditions. OFFICER'S RECOMMENDATION "That Council write to the Department of Natural Resources and Mines and advise that Council: 1.

agrees to the surrendering of Special Lease 52024 on Lot 251 NR5604;

2.

endorses that Lot 251 NR5604 becomes a sport and recreation reserve with Council as the trustees;

3.

will amend the Land Management Plan in accordance with the resolved changes; and

4.

endorses a Trustee lease agreement with the Kuranda Horse and Pony Club according to the proposed new lease policy with new boundaries excluding the existing tennis court and entrance points to the Lot."

BACKGROUND Lot 251 on NR5604 is a Special Lease (SL52024) for Recreation (Pony Club) purposes to the Tablelands Regional Council with a sublease over the whole of the lot to the Kuranda Horse and Pony Club. The use of the lease for any other purpose, other than a Pony Club is considered to be in breach of the lease conditions: Condition M76 states “that the lessee shall use the leased land for Recreation (Pony Club) purposes, for purposes incidental thereto and for no other purpose whatsoever”. (Special Lease Kuranda Horse and Pony Club) The land subject to Special Lease 52024 was previously held as Special Lease 36127 held by the Kuranda Horse and Pony Club. At that time the former Mareeba Shire Council approached the Department of Natural Resources and Mines (DNRM) with a view to Lot 251 on NR5604 being

Page 67


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

dedicated as a Reserve for Recreation purposes under the control of the council as trustee. The council’s intention at the time was to then enter into a trustee lease with the club. In accordance with departmental policy at that time, it was considered that use of the whole of the proposed recreation reserve by the club under a trustee lease could not be supported on the grounds the use would essentially be exclusive. Therefore a new lease was issued with Council as the lessee and a sub-lease over the whole of Lot 251 to the Kuranda Horse and Pony Club was registered.

Page 68


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

In 2010 Council was advised that rent on the lease was currently set at $100 per annum and that under the Land Act 1994 and the Land Regulation 1995 no provision exists for the lease to remain at a ‘concessional’ rent of $100 per annum. Section 183A of the Land Act 1994 stipulates that a rent may be set only for specific criteria. Special Lease 52024 does not meet these criteria due to changes made to the Land Act in 2010 which state that: "Effective from 1/7/2010 the rental categories related to leases used for sporting and recreation purposes should be held directly by the charities, sporting or recreational clubs." (2010 Amendment to the Land Act 1995) Therefore in line with current DNRM legislation applying to rental for a lease for recreation purpose, the rent would be calculated by multiplying the valuation for rental purposes by the rate prescribed under a regulation (section 183 of the Land Act 1994). Should Council remain as the lessee, the lease is required to be a Category 13 lease (business and government core business) and rent would be calculated at 6% of the unimproved value, which according to DNRM advice would increase the annual rent to $20,700 per annum. Council are advised that Special Lease 52024 could be surrendered in terms of section 327 of the Land Act 1994 and the land be created as a Reserve for Sport and Recreation under the control of the Tablelands Regional Council as trustee. The Minister can reserve land for public use which is then placed in the control of a trustee (Council) who can then operate as the legal owners of the land and lease to outside organisations provided the intended use meets that of the reserve. Under DNRM policy for secondary uses on trust land, a trustee lease for the pony club would be supported; it would remove the issue of tenure over the tennis court as a reserve can have multiple uses. DNRM have requested that Council indicate if it agrees to the land becoming a Sport and Recreation Reserve. While Council was informed of this process in 2010 it was requested by DNRM that a Land Management Plan for the Lot first be completed. The Land Management Plan is currently in progress so the timing is now appropriate to proceed with the relinquishing of the Special Lease.

Page 69


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

It is estimated that the entire process of relinquishing the current lease, creating a new designated Sport and Recreation Reserve and the issuing of a new Trustee Lease to the Kuranda Horse and Pony Club could take up to six months. Currently the Mantaka Tennis Court is available for public use and is regularly used by the Steiner School. The courts surface is in fair condition; however the nets and poles require replacing. The Kuranda Horse and Pony Club have installed a live in caretaker on site; however the caretaker is only ever present intermittently. Due to the confusion around the lease the Kuranda Horse and Pony Club are concerned about potential liability due to non-club members using the tennis court. By redrawing the lease with amended boundaries excluding the tennis court from the leased area will alleviate the concerns of the Kuranda Horse and Pony Club. By relinquishing the lease and having the land reclassified as a Sport and Recreation Reserve, Council will maintain the original use of the land while ensuring the viability of the Kuranda Horse and Pony Club as well as allow for smoother relationship between the users of the site. Council may wish to consider relinquishing the lease over Lot 251 NR5604, therefore having that area reclassified as a Sport and Recreation Reserve and re-leasing the lot to the Kuranda Horse and Pony club excluding the entrance and tennis courts which will remain open for public use. LINK TO CORPORATE PLAN

Leisure Opportunities

Provide a range of recreation and leisure opportunities for the community’s relaxation and enjoyment.

Active Lifestyles

Provide a diverse range of enjoyable recreation, sport and physical activity opportunities to meet the needs of an active and healthy community.

CONSULTATION Internal Matt Hyde- General Manager Corporate and Community Services Dean Davidson- Manager Plants and facilities John Thurlow- Senior Land and Lease Management Officer Dane Craze- Engineering Surveyor External Leah Slade- Department of Natural Resources and Mines Kuranda Horse and Pony Club LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil

Page 70


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating $2000 to be covered in the 2013/14 operational budget. Is the expenditure noted above included in the 2012/2013 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure NIL IMPLEMENTATION/COMMUNICATION 1. 2.

Inform the Department of Natural Resources and Mines that the lease over Lot 251 NR5604 is to be relinquished. Inform the Kuranda Horse and Pony Club of Council's decision, relinquish the current lease and re-issue a new lease with amended boundaries excluding the tennis court and entry to the facility

ATTACHMENTS Nil Date Prepared:

6 June 2013

Page 71


TRC Tablelands Regional Council - Agenda

ITEM-9

Thursday 20 June 2013

NATIVE TITLE AND CULTURAL HERITAGE COMPLIANCE UPDATE - JUNE 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Margo Watkins, Native Title & Cultural Heritage Officer

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY This report details progress made on Native Title and Cultural Heritage compliance since the appointment of a Native Title & Cultural Heritage Officer in November 2011. OFFICER'S RECOMMENDATION "That Council: 1.

Note the work undertaken by the Native Title and Cultural Heritage Officer.

2.

Note the draft Native Title and Cultural Heritage Handbook being developed for internal staff.

3.

Endorse the following funding opportunities: a. Tableland Yidinji People project that will include indigenous stories with the existing settler stories on the Sundial structure on the Tinaroo Dam foreshore; b. Application to the RADF funding for the Douglas Grant WW1 indigenous war veteran story.

4.

Provide "in principle" approval for access improvements and interpretative signage for the Aboriginal graves section of the Herberton Cemetery. Once suitable external funding is identified for the costs of the signage and access infrastructure, a report to be presented back to Council with final designs and costings.

5.

Provide “in principle” approval for Aboriginal country signage across the Tableland Regional Council region once consultation has been undertaken with all the Tableland Regional Council Aboriginal groups and with the Department of Main Roads to finalise design and suitable locations, and further that a report be presented back to Council with final designs, locations and a suitable external funding source to manufacture and implement the signs.

6.

Note the support letter sent to the Girringun Corporation from Cardwell for the proposed IPA."

BACKGROUND This report seeks to update Council on the work undertaken in the Native Title and Cultural Heritage Section of the Plant & Facilities Management Group.

Page 72


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Since the amalgamation of the four previous shires, a number of ILUAs have been negotiated under the current Tablelands Regional Council. As part of the de-amalgamation process there will be a minimal impact on both new entities as the agreements currently entered into are inherited by the two new entities. Further to this, the majority of all the ILUA’s agreed to are similar in content and follow the same processes and procedures in regards to meetings and dealing with Native Title and Cultural Heritage Compliance. Under the new Tablelands Regional Council the following will apply: • Seven ILUAs o Combined Dulabed Malanbarra Yidinji People; o Gugu Badhun People; o Mamu People; o Jirrbal People; o Warrungu People, o Tableland Yidinji People; and o Bar Barrum People. • One relationship with a claim group with no claim over lands controlled by new Tableland Regional Council (Ngadjon Jii People in Malanda). Under the new Mareeba Shire Council the following will apply: • Four ILUAs o Tableland Yidinji People; o Bar Barrum People; o Muluridji People; and o Djungan People. • One relationship with a claim group with no claim over lands controlled by the new MSC (Djabugay People in Kuranda). • One further ILUA (Western Yalanji People) in the process of being finalised; • A further three claims are within the Mareeba Shire Council (Olkola People, Kowanyama People and Ewamian People) however legal advice has been to not seek an ILUA with these groups, due to the minimal impact on proposed new MSC assets. Note - Two ILUAs affect both Councils (Tableland Yidinji #3 People and Bar Barrum #2-7 People) Whilst Council has negotiated the above mentioned ILUA’s and consented to their determination, there are a number yet to be determined by the Federal Court (Mamu, Bar Barrum, Warrungu, Olkola, Ewamian and Western Yalanji #4, 5 and 7). The reasons these claims have not been determined as of yet by the Court include, but are not limited to: • •

• •

Mamu People - Federal Court case management of disputed claim areas and associated connection report; Bar Barrum People - Special Hearing on possible extinguishment of Native Title where Defence Force declarations have been made within the #4 claim boundaries - this is delaying the remaining claims, as the outcome will have an effect on other claims; Warrungu People - Other parties are still negotiating (Protected Areas and Pastoralists) and finalising agreement on terms of consent determination; Olkola People - Other parties are still reviewing connection report and negotiating with interested parties (Protected Areas and Pastoralists) to finalise agreement on terms of ILUA and consent determination; Western Yalanji #4, #5 and #7 - proposed TRC ILUA requires Council resolution before the claim can progress towards determination. The Court will hear the Western Yalanji #6 claim and the associated Muluridji people disputed claim areas, in a separate hearing.

Page 73


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

As part of the ILUA agreements, Consultative Committee and Capital Works Program meetings are held during the course of the year, and these have been held twice annually as per the ILUA commitments. These meetings are used to improve communication flows between Council Officers and the claimant groups, and to ensure capital works projects downtime is minimised by obtaining Native Title and Cultural Heritage consent prior to the projects commencing. Through the ILUA meetings, relationships between key Tableland Regional Council staff and our indigenous partners is continuing to grow into mature relationships with mutually beneficial results. Part 5 of the ILUA agreements states "Other Parts of this Agreement contain outcomes on technical aspects of Native Title and Aboriginal Cultural Heritage. However the Parties believe that, by working together, they can achieve additional, practical outcomes on issues which affect the lives and values of the <Native Title Party Name> People and local communities. In negotiating agreed outcomes to the Native Title Claim, the Native Title Act recognises that this Agreement "may involve matters other than Native Title" (see Section 86F(i) of the Native Title Act). Part 5 sets out the agreed commitment of the Parties to develop and implement policies and programs relating both to the <Native Title Party> People and local communities in the Tablelands Regional Council’s local government area. It also contains arrangements for ongoing communication between the <Native Title Party> People and the Local Government. Under Part 5 of the ILUAs, the following has been undertaken with the above mentioned claimant groups (to different extents and based on how active each group is): •

Cultural Site data: o QLD Government (DATSIMA) data on Cultural Heritage places have been added to the Tableland Regional Council internal Mapping system to enable simpler in house checks of known Cultural Heritage places. This is scheduled for updates twice yearly; o Requests have been made to all the currently active ILUA partners to provide verification of known sites and add any additional Cultural Heritage site data to the Tableland Regional Council system - the groups are currently seeking external funding sources to enable them to gather the necessary data; Cultural Training: o The first of several planned Cultural Heritage Awareness sessions run by the indigenous groups was held in 2012 with the Tableland Yidinji People at Tolga Depot; o Further sessions with other groups will be held across the Council depots when the groups have finalised their presentation programs. The proposed Jirrbal People awareness session has been included into the P& F budget for 2013-14 and will be held at Atherton Council Chambers for managers and supervisors. Road Sign Policy o Indigenous street names - Tableland Regional Council has a Street Naming Policy that requires Developers to seek indigenous names from local ILUA representatives. A full list from all ILUA partners has not yet been competed, but a new street in the Amaroo Park development in Mareeba has recently had an indigenous name provided by Muluridji People representatives; Place names o External funding for a proposed indigenous country signage program is currently being explored (refer to section below on Other Initiatives); Information, Events & Invitations o A Welcome to Country Policy has been finalised and adopted by Council;

Page 74


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Council is continuing to work with the groups in correcting and expanding interpretative signage across the region which provides information about the indigenous people of the Tablelands (see Opportunities/Projects section below); o Council provides in kind support (FIKS) for numerous indigenous groups across the Tablelands for NAIDOC Week events each year; and o Council actively encourages and assist indigenous artists to create and display their art within its facilities. Publications o Tableland Regional Council has acknowledged the regions traditional owners with its recent Community Plans and other publications. Aboriginal Liaison Officer o While there has not been an appointment of an indigenous Aboriginal Liaison officer, a Native Title & Cultural Heritage Officer has been employed on a part time basis to assist Council in implementing its Indigenous Land Use Agreements, including liaison with indigenous groups. Employment and training o While Tableland Regional Council does not have any identified positions as such, Council does provide a range of employment opportunities for indigenous members of the Tablelands community. o A review of indigenous employment since 2010 has identified at least 25 such opportunities which have been made available or will be available through the Tableland Regional Council normal staffing processes. o

These included the following;  Community Services x 6  Labourers x 7  Transfer Station Operators x 2  Indigenous Trainee x 1  Heavy Plant Operator x 1  Cleaner x 1  Green Army: (2012) x 4  Traineeships x 2  Apprenticeship x 1 This exceeds Councils commitments under the Employment Covenant (now known as 'GenerationOne') which was 12 positions. CULTURAL HERITAGE MANAGEMENT SYSTEM A suite of procedures, training and assessment documents have been created by the Native Title and Cultural Heritage Officer to ensure Tableland Regional Council staff have an awareness of Native Title and Cultural Heritage issues, and have the tools to assist them in dealing with the subject. This includes the following: •

A Native Title and Cultural Heritage Handbook which will enable Tableland Regional Council staff to better understand and identify where Native Title or Cultural Heritage may be at risk, and therefore know what they must do to comply with Native Title and Cultural Heritage legislation (yet to be published but draft attached); An Indigenous Interests Risk Assessment Process and Flowchart has been developed and training on its use has been delivered to Tableland Regional Council Design officers, Project Managers and key Supervisory staff; Indigenous Awareness and Identification guide has been provided through training – i.e. what Cultural Heritage may look like and where it may be found (interim until the Handbook is published);

Page 75


TRC Tablelands Regional Council - Agenda

• •

Thursday 20 June 2013

A concise overview of Native Title and Cultural Heritage has been created and included within the HR General Induction presentation; Various other forms and templates have been developed to assist with an efficient compliance program.

Funding initiatives Further to the agreement under Part 5 of the negotiated ILUAs, there is opportunity for Tableland Regional Council to assist the ILUA partners in achieving their goals of broadening community knowledge of traditional people and their connection to country. Listed below are some of the projects that have been applied for and projects to be considered: •

A successful funding grant has been secured through the 'Your Community Heritage' grant for a Tableland Yidinji People project to include indigenous stories with the existing settler stories on the Sundial structure on the Tinaroo Dam foreshore. The Tableland Yidinji people are now researching suitable images and text to create their indigenous story plaques. Once that information is gathered and plaque design is completed, the Native Title and Cultural Heritage Officer will commission the manufacture of the plaques for installation by Tableland Regional Council Parks and Garden staff. This project will be completed by November 2013. Cost - External funding $3,750 and TRC co contribution component $1,250; Other proposed projects that Tableland Regional Council aims to seek external funding sources for include; o Access improvements and interpretative signage for the aboriginal graves section of the Herberton cemetery. Estimated cost is $20,000. External funding is likely to be sought through the 2014 Federal Government Indigenous Heritage Program; o Aboriginal country signage across Tableland Regional Council region (all indigenous groups). Consultation is ongoing with all the Tableland Regional Council Aboriginal groups and with Department of Main Roads to finalise design and suitable locations. A suitable external funding source to manufacture the signs, has not yet been secured, however once suitable locations have been identified these will be presented to Council. Estimated cost of manufacture is $12-15,000. External funding will be sourced for this project; o Douglas Grant WW1 indigenous war veteran story. This involves research and collation of material about his origins and connection to Ngadjon Jii country and his achievements, for future public information (Tableland Regional Council library's and new Malanda Visitors Centre). It is anticipated that Tableland Regional Council will seek a $5,000 RADF funding opportunity for this project in the 2nd round of 2013. It is likely that the Eacham Historical Society, the Ngadjon Jii People and the Malanda RSL will all be closely involved with Tableland Regional Council in the project.

Other partnership opportunities The Girringun Corporation from Cardwell who represent a number of indigenous organisations (one of which is the Jirrbal People) have sought a letter of support from Tableland Regional Council on their submission to the Federal Government to have an area of country (including some minor areas within Tableland Regional Council region) declared as an Indigenous Protected Area (IPA). This is a Federal mechanism which aims to promote biodiversity and cultural resource conservation at the broad landscape scale. While Tableland Regional Council already has a working relationship with the Jirrbal People through our ILUA, developing relationships with neighboring groups (especially for dealing with landscape scale issues, such as weed and fire management issues) may lead to more efficient opportunities for land management activities. While at this stage Tableland Regional Council has only provided a letter of support, there is a desire by the Girringun Corporation to enter into a non-legally binding MOU with Tableland Regional Council, so that the parties can work together on a region wide collaborative basis towards achieving the goals of the IPA. The MOU proposal will be presented to Council in the future once the IPA is declared. Page 76


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

DE-AMALGAMATION ISSUES Nil LINK TO CORPORATE PLAN

Sustainable Development

Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION Internal Matthew Hyde - General Manager Community Services Dean Davidson – Manager Plant & Facilities External NIL LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS Welcome to Country Policy Street Naming Policy FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating Training - $4,000 Printing of Handbook - $2,500 Sundial co contribution - $1,250 Is the expenditure noted above included in the 2012/2013 budget? Yes - The Tinaroo Sundial co contribution requirement of $1,250 which can be met through savings made on initial funding allocated for ATGIS mapping work. This has not been fully utilised by ATGIS and $1,250 can be re allocated for the co contribution component of the Tinaroo Sundial project. If not you must recommend how the budget can be amended to accommodate the expenditure N/A

Page 77


TRC Tablelands Regional Council - Agenda

IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1.

Draft Handbook – DWS # 3322388

Date Prepared:

11 June 2013

Page 78

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT

Page 79


TRC Tablelands Regional Council - Agenda

Page 80

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 81

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 82

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 83

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 84

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 85

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 86

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 87

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 88

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 89

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 90

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 91

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 92

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 93

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 94

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 95

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 96

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-10

Thursday 20 June 2013

WESTERN YALANJI PEOPLE NATIVE TITLE CLAIM #4 QUD6008/1999 AND WESTERN YALANJI PEOPLE NATIVE TITLE CLAIM #5 AND #7 QUD6003/2001 - CONSENT TO DETERMINATION AND INDIGENOUS LAND USE AGREEMENT CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(f) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (f)

starting or defending legal proceedings involving Council.

Page 97


TRC Tablelands Regional Council - Agenda

ITEM-11

Thursday 20 June 2013

FLEET SALES - TENDER T-TRC2013-14 CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (e)

contracts proposed to be made by Council.

Page 98


TRC Tablelands Regional Council - Agenda

ITEM-12

Thursday 20 June 2013

MAREEBA INDUSTRIAL ESTATE - OFFER TO PURCHASE JUNE 2013 CONFIDENTIAL

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (e)

contracts proposed to be made by Council.

Page 99


TRC Tablelands Regional Council - Agenda

Page 100

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

CORPORATE ITEM-13

LOCAL GOVERNMENT STATUTORY POWERS

ACT

2009

-

DELEGATION

OF

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Marj Nix, PA to General Manager Corporate and Community Services Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to inform Council of amendments to the delegable powers under the Local Government Act 2009. The report sets out the powers that have been identified to be delegated to the Chief Executive Officer and also informs Council of the sub-delegations proposed. OFFICER'S RECOMMENDATION "That Council: 1.

under Section 257 of the Local Government Act 2009, delegate the exercise of the powers contained in Schedule 1 of the Instrument of Delegation (attached to these Minutes) to the Chief Executive Officer. These powers must be exercised subject to any limitations contained in Schedule 2 of the attached Instruments of Delegation; and

2.

adopt the Signing of Correspondence Policy (attached to these Minutes)."

BACKGROUND MacDonnells Law has revised the tables of delegable powers under the Local Government Act (the Act). As a result of the review, they have updated the Table of Delegable Powers to include the power to sign documents and have provided advice regarding section 236 of the Act which deals with who is authorised to sign local government documents. Section 236 of the Act states: 236 Who is authorised to sign local government documents (1) The following persons may sign a document on behalf of a local government— (a) the head of the local government; (b) a delegate of the local government; (c) a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents. (2)

The head of the local government is— (a) the mayor; or

Page 101


TRC Tablelands Regional Council - Agenda

(b) (c)

Thursday 20 June 2013

if all of the councillors have been dismissed under section 123 and an interim administrator is appointed â&#x20AC;&#x201D; the interim administrator; or if there are no councillors for any other reason and an interim administrator has not been appointed - the chief executive officer."

MacDonnells advice concludes that a 'document' is a contract, agreement or written document intended to give legal effect and the CEO should have delegated authority pursuant to section 236(1)(b) or authorisation in writing by the mayor to sign the document pursuant to section 236(1)(c). Sections 236(1)(b) and 236(1)(c) were not included in the delegable powers which MacDonnells provided previously. MacDonnells are of the view that documents which fall outside the scope of the definition (such as general correspondence and emails) are administrative in nature and unless they are intended to give legal effect, the CEO does not need specific delegated power or authority to sign them. They further advise that Council could allay any risk by broadly authorising the CEO to sign all documents under section 236(1). Although MacDonnells are of the view that section 236 is intended to be used on an 'as needed' or case by case basis, it is recommended that Council delegate the power to the CEO to sign all documents and this power be sub-delegated in accordance with the Signing of Correspondence Policy. Amendments to Council's existing Policy are required and are shown in Attachment 1. LINK TO CORPORATE PLAN

Transparent Practices

Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

Knowledge Management

Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION Internal General Manager Corporate and Community Services External MacDonnells Law LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) These powers, depending on the administrative and operational objectives of Council, are delegated with the aim of optimising the relevant and appropriate application of the legislation, Council's policies, organisational efficiency and turnaround times. The statutory powers of employees, where sub-delegated to their position by the Chief Executive Officer will be invalid if they cannot be supported by an instrument documenting the particulars.

Page 102


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION The specified position will receive a copy of the executed Instrument of Sub-Delegation and the Signing of Correspondence Policy will be published on the intranet. ATTACHMENTS 1. 2.

Signing of Correspondence Policy. Instrument of Delegation.

Date Prepared:

3 June 2013.

Page 103


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 1

Page 104


TRC Tablelands Regional Council - Agenda

Page 105

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 106

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 107

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 108

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 109

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 110

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 2

Page 111


TRC Tablelands Regional Council - Agenda

Page 112

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 113

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 114

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 115

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 116

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-14

Thursday 20 June 2013

ENVIRONMENTAL PROTECTION REGULATION DELEGATION OF STATUTORY POWERS

2008

-

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2012

REPORT AUTHOR/ OFFICER’S TITLE: DEPARTMENT:

Marj Nix, PA to General Manager Corporate and Community Services Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is to inform Council of changes to Council's current powers under the Environmental Protection Regulation 2008. The report sets out the powers that have been identified to be delegated to the Chief Executive Officer and also informs Council of the subdelegations proposed. OFFICER'S RECOMMENDATION "That, under Section 518(1)(b) of the Environmental Protection Act 1994, Council delegate the exercise of the powers contained in Schedule 1 of the Instrument of Delegation (attached to these Minutes), to the Chief Executive Officer. These powers must be exercised subject to any limitations contained in Schedule 2 of the attached Instrument of Delegation." BACKGROUND MacDonnells Law have advised that the Environmental Protection Regulation 2008 (the Regulation) has been amended by the Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2013 ('EPOLAR'). The EPOLAR introduces further initiatives to reduce 'green tape' for business by removing the requirements for an environmental licence for low risk activities (such as motor vehicle workshops, cabinet makers and printers), reducing annual fees for small sewage treatment plants, and separating the considerations to be made for environmental authority decisions, and the considerations for making a development permit decisions. As a result of the above, there have been a number of changes to Councils' delegable powers under the EPR, namely: •

The insertion of section 19C which describes the matters that must be considered by the assessment manager or concurrence agency in making a code assessment decision.

The omission and replacement of section 51. The amendments to section 51 removed several requirements which will now be part of the assessment against the environmental objectives in the new Schedule 5, or will be specified in guidance material where appropriate.

Amendment of section 52 to ensure that the administering authority considers whether to impose conditions about achieving the environmental objectives. Page 117


TRC Tablelands Regional Council - Agenda

â&#x20AC;˘

Thursday 20 June 2013

The omission of sections 55, 56, 57, 59, 60, 61, 62, 64, 64A, 64B and 64C as the considerations specified in these sections will now be contained in new Schedule 5 and in supporting guidelines where appropriate.

The amendments to Council's powers are marked up on the attached Instrument of Delegation. It is recommended that these powers be delegated to the CEO. It is further recommended that certain these powers are sub-delegated to the General Manager Planning & Development, Manager Regulatory Services, Supervisor Environmental Health and Environmental Health Officers. LINK TO CORPORATE PLAN

Transparent Practices

Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

Knowledge Management

Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION Internal General Manager Planning and Development Manager Regulatory Services Supervisor Environmental Health External MacDonnells Law LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) There are definitely legal implications for local government if management is not aware of the delegated powers and powers of authorised persons that are required for their divisions and departments to operate efficiently. These powers, depending on the administrative and operational objectives of Council, are delegated with the aim of optimising the relevant and appropriate application of the legislation, Council's organisational efficiency and turnaround times. Any significant issues with respect to the issue of legal correspondence rests with the Manager of the department whilst more regulatory functions, e.g. entry for investigative purposes, rests with the field officer. The statutory powers of employees, where delegated to their position by the Chief Executive Officer will be invalid if they can not be supported by an instrument documenting the particulars. In the case where Council is challenged on an action taken or a decision made by its employees, there needs to be proof that the employee held the powers required to do so. Such documentation is known as the instrument and is required for delegations and sub delegations.

Page 118


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating If the delegations as proposed are accepted the financial implications will be negligible. If, however, the delegations are significantly reduced or not accepted the subsequent financial implications would be significant due to the increased administrative costs of processing applications and other matters through Council meetings. Is the expenditure noted above included in the 2012/2013 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION The specified position will receive a copy of the executed Instrument of Sub-Delegation and their Manager or direct supervisor will make them aware of the applicable delegations and authorisations. ATTACHMENTS 1.

Instrument of Delegation.

Date Prepared:

7 June 2013.

Page 119


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 1

Page 120


TRC Tablelands Regional Council - Agenda

Page 121

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 122

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 123

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 124

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

INFRASTRUCTURE AND MAINTENANCE SERVICES CONSTRUCTION & MAINTENANCE ITEM-15

RIVER ROAD, BIBOOHRA - APPLICATION FOR PERMANENT ROAD CLOSURE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE: DEPARTMENT:

Trevor Adil, General Manager Infrastructure and Maintenance Services Infrastructure and Maintenance Services

EXECUTIVE SUMMARY The Department of Natural Resources and Mines (DNRM) seeks Council's views in relation to an application for a permanent road closure over an area of unnamed and unformed road described as Lot A on Drawing CNS10/058, abutting Lot 1 MPH34719, Parish of Formartine, locality of Biboohra (unnamed road off River Road). OFFICER'S RECOMMENDATION "That Council resolves to advise the Department of Natural Resources and Mines that: 1. Council objects to the permanent closure of an area of unnamed and unformed road described as Lot A on Drawing CNS10/058A, abutting Lot 1 MPH34719, Parish of Formartine, Locality of Biboohra on the basis that Council requires that the land be retained for its gazetted purpose of road; And further that: 2. Council would not object to the issue of a road licence for temporary road closure being granted over the subject land." BACKGROUND Council at its Ordinary Meeting held on 4 August 2010 considered a previous application submitted by the owners of Lot 1 MPH34719 for permanent road closure over the entire extent of the road abutting their southern property boundary. Council objected to that application primarily on the grounds that it required the road to be retained for its intended purpose as well as other related issues including requirement for access to Barron River and also it would impede legal access to an existing Permit to Occupy for a neighbouring property owner. This amended application is for an area of approximately 8,800m2. The width of the road reserve is 80m and this application extends 30m from the applicant's southern property boundary, leaving a

Page 125


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

remnant width of approximately 50m of road. Consultation with the DNRM officer managing this application has revealed that the purpose of the application is for residential use to enable control of pests, weeds, fire hazard reduction and to address erosion of an active scour. The road is not currently used for its gazetted purpose, however, the reasons submitted for requesting permanent road closure can be addressed with a less permanent form of tenure such as temporary road closure in the form of a road licence. A road licence, if granted, allows the holder exclusive use of that section of the road, subject to conditions, but also means that Council can, if future circumstances warrant, exercise the right to again use the road for its intended purpose. The treatment of this application is consistent with the significant number of applications for Permanent Road Closures received by Council. If Council is of the view that the application has merit and noting that it does not materially affect future use of the road reserve for its intended purpose due to the remnant road reserve width being >50m, then the following alternate resolution is proposed, “That Council resolves to advise the Department of Natural Resources and Mines that Council does not object to the permanent closure of an area of unnamed and unformed road described as Lot A on Drawing CNS10/058A, abutting Lot 1 MPH34719, Parish of Formartine, Locality of Biboohra provided the area of road to be closed does not impede access to Lot 214 NR4063 and that the balance area of road reserve is not less than 50metres width.” LINK TO CORPORATE PLAN

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

Asset Management

Ensure a structured management approach is applied to the region’s assets through a proper regime of investment, maintenance, renewal and disposal.

CONSULTATION Internal Brian Millard – Senior Planner External Madonna Reid – Land Officer, Department of Natural Resources and Mines LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil

Page 126


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Following publication of Council's meeting minutes, advise the Department of Natural Resources and Mines of Council's decision. ATTACHMENTS 1. 2. 3.

Correspondence from Department of Natural resources and Mines dated 15 April 2013 (DWs # 2721230) Plan of Lot A on Drawing CNS10/058 Council's Resolution of 4 August 2010 objecting to the permanent road closure of 25,600m2 (DWs # 1919574)

Date Prepared:

4 June 2013

Page 127


TRC Tablelands Regional Council - Agenda

Page 128

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 129

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 130

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 131

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 132

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-16

HARDING ROAD, WONDECLA PERMANENT ROAD CLOSURE

Thursday 20 June 2013

-

APPLICATION

FOR

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE: DEPARTMENT:

Trevor Adil, General Manager Infrastructure and Maintenance Services Infrastructure and Maintenance Services

EXECUTIVE SUMMARY The Department of Natural Resources and Mines (DNRM) seeks Council's views in relation to an application for a permanent road closure over an area of unnamed, unformed road described as between Lot 9 MPH14281 and Lot 1 SP257022 Parish of Herberton, locality of Wondecla (unnamed road off Harding Road). The proposed use of the subject area is for grazing purposes. OFFICER'S RECOMMENDATION "That Council resolves to advise the Department of Natural Resources and Mines that: 1. Council objects to the permanent road closure of the land between Lot 9 MPH14281 and Lot 1 SP257022, Parish of Herberton, Locality of Wondecla on the basis that Council requires that the land be retained for its gazetted purpose of road reserve to ensure the connectivity of future road networks; and That 2. Council further advises that it would not object to the issue of a road licence being granted over the subject land." BACKGROUND The application for tenure involves a 20 metre wide, unformed and unnamed road reserve off Harding Road, Wondecla which traverses generally in a South West direction for a distance of approximately 200 metres. It separates Lot 9 MPH14281 and Lot 1 SP257022. The subject road reserve connects to another unnamed and unformed road which traverses generally north-west from the unformed section of Bajema Road and dissects three neighbouring properties (including the property owned by the applicant). This road provides a further point of access to a watercourse and if the permanent road closure of the subject road reserve was approved, it would impact on the future effectiveness of the connectivity of the road network in this area. The applicant has indicated the permanent road closure is for 'grazing purposes'. It is the reporting officerâ&#x20AC;&#x2122;s opinion that grazing rights to the subject road reserve can be achieved with a less permanent tenure such as a road licence (temporary road closure). Revocation of a road licence to

Page 133


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

return the land to its gazetted purpose requires twelve (12) month notice of Council’s intentions be provided to the road license holder. Council has been granted an extension of time to provide its views to DNRM until 17 July 2013. LINK TO CORPORATE PLAN

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

Asset Management

Ensure a structured management approach is applied to the region’s assets through a proper regime of investment, maintenance, renewal and disposal.

CONSULTATION Internal: Nil External: Katie Akacich, Land Officer, Department of Natural Resources and Mines LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION Following publication of Council's meeting minutes, advise the Department of Natural Resources and Mines of Council's decision.

Page 134


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENTS 1. 2. 3.

Correspondence from the Department of Natural resources and Mines dated 22 March 2013 (DWs #2705613) Government Gazette published 3 April 2013 Locality Map

Date Prepared:

6 June 2013

Page 135


TRC Tablelands Regional Council - Agenda

Page 136

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 137

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 138

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 139

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 140

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

WATER & SEWERAGE ITEM-17

PROPOSED SCHEDULE OF FEES AND CHARGES 2013/2014 FOR THE WATER AND WASTE GROUP

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Bill Cuthbertson, Manager Water & Waste

DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY The setting of the Fees and Charges for the 2013/2014 financial year is developed by the Water & Waste Group and has been based on cost recovery of actual activity costing and the Local Government cost price index increase. The schedule is presented for Council's adoption as part of the 2013/14 budget process. OFFICER'S RECOMMENDATION "That Council resolves to adopt the 2013/2014 Financial Year Fees and Charges Schedule for the Water and Waste Group as presented in the attached report." BACKGROUND Council, as part of its budgetary process and under the Local Government Act is required to adopt a Schedule of Fees and Charges. The process of calculating the fees is based on an assessment of the cost for each activity and includes on-costs, plant hire and corporate overheads as well as third party charges where applicable. Of the fees and charges included in the 2013/2014 schedule there has been no change to 38% of those fees and charges from the previous year. The Consumer Price Index increase has been applied to 50% of the previous years scheduled fees and charges. One significant change has been identified with regard to sorting waste and it is expected that users of the various waste facilities will separate and sort their waste prior to delivery to a facility. Cost recovery has been applied to this activity to determine the proposed rate. The liability for payment of carbon tax related fees has been incorporated into the fees payable at the various sites in accordance with the current legislative requirements. Council is subject to a fee for a carbon tax liability at private facilities and cost recovery is required to meet this impost. E-Waste has been identified as an ever increasing waste stream and Council staff are discussing opportunities to enter into arrangements with a Federal Government accredited provider to provide a recovery service to a number of central facilities.

Page 141


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

It should be noted that the two Tables (1&2) from Schedule 6 of the Waste Reduction and Recycling Regulation 2011 are to be included with the fees and charges as there will potentially be a need to determine capacity of vehicles at a waste site that does not have a weighbridge available or in operation. DE-AMALGAMATION ISSUES There will be a need to review the carbon tax liability as it relates to the Mareeba Landfill after 1 January 2013. LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the regionâ&#x20AC;&#x2122;s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the regionâ&#x20AC;&#x2122;s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Water & Waste staff Finance staff External Recycling contractors LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Local Government Act 2009 Local Government Regulation 2012 Waste Reduction and Recycling Regulation 2011 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating The recommended fees and charges are based on recovery of the Council's cost for each activity.

Page 142


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Is the expenditure noted above included in the 2012/2013 budget? N/A If not you must recommend how the budget can be amended to accommodate the expenditure N/A IMPLEMENTATION/COMMUNICATION On adoption the Finance Section will update information contained on the Tablelands Regional Council website. ATTACHMENTS 1. 2.

Fees and Charges Schedule 2013/2014 for Water & Waste Group (DWs # 2770487) Waste Reduction and Recycling Regulation 2011, Schedule 6, Tables 1 and 2 (DWs #2770503)

Date Prepared:

7 June 2013

Page 143


TRC Tablelands Regional Council - Agenda

Page 144

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 145

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 146

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 147

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 148

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-18

Thursday 20 June 2013

MALANDA AND YUNGABURRA WASTE TRANSFER STATIONS - VARIATION TO OPERATING HOURS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Bill Cuthbertson, Manager Water & Waste

DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY Operating hours at many of the waste transfer stations and landfill sites across the Tablelands Region have been amended to provide better quality service to the ratepayers and general public who access these facilities. OFFICER'S RECOMMENDATION "That Council receives this report and notes the hours of operation at Yungaburra and Malanda waste transfer stations are to be amended to include a 30 minute closure between 12.30pm and 1.00pm daily to allow staff an uninterrupted meal break." BACKGROUND There have been a range of improvements undertaken over the last few years with regards to provision of plant and also the operating hours at waste facilities across the region. The Malanda and Yungaburra waste facilities now offer full day opening hours for 7 days per week (4 days in Malanda and 3 days in Yungaburra) which is in response to demands from the community as well as improving the staffing levels and conditions associated with the operations of each facility. Operationally it has become obvious that the staff manning these two facilities have been unable to regularly achieve the 30 minute meal break due to the increased patronage and usage of the facilities. It is therefore recommended that the facility be closed for 30 minutes at 12.30pm to allow the staff an opportunity to have an uninterrupted meal break. These changes can be scheduled to take effect from Monday 1 July 2013. The timing of these changes will allow sufficient time for the public and ratepayers to be notified through advertising at both waste facilities, with the local media and also on the Tablelands Regional Council website. DE-AMALGAMATION ISSUES Nil

Page 149


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

LINK TO CORPORATE PLAN

Infrastructure Design

Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.

CONSULTATION Internal Water & Waste staff HR staff External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Compliance with Local Government Employees Award 2003 and the TRC Certified EB 2011-2014 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION On adoption the Water & Waste Section and the Media and Communications Officer will provide updates for the Tablelands Regional Council website and other advertising as required.

Page 150


TRC Tablelands Regional Council - Agenda

ATTACHMENTS Nil Date Prepared:

7 June 2013

Page 151

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 152

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

CHIEF EXECUTIVE OFFICER ADMINISTRATION ITEM-19

ANZAC CENTENARY REPRESENTATION

GRANT

AND

COMMITTEE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Stacey Maisel, Events Coordinator

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Under the Department of Veteran's Affairs ANZAC Centenary Grants, a total of $100,000 for the electorate of Kennedy is available to fund projects and events that are commemorative of the involvement, service and sacrifice of Australia’s servicemen and women in the First World War. The Hon Bob Katter MP has asked Council to nominate a representative to the Local Government Area Committee which will review and decide the final submissions that best serve our Local Government Area. The document also asks for proposals from the community for funding consideration. OFFICER'S RECOMMENDATION "That Council nominate a Councillor to act as a representative on the Local Government Area Committee and seek further proposals and endorsement from the wider community on suitable projects or events for funding under the ANZAC Centenary Grants program." "That Council endorse the project recommendations for funding by the Committee representative based on community feedback and Council recommendations. " BACKGROUND On 20 March 2013, a funding alert was sent to all Councillors and nominated Officers advising of the ANZAC Centenary Grant opportunity and guidelines. The types of projects eligible under this program include: • public commemorative events, including the commemoration of important military anniversaries, enlistments and other First World War events that have had a significant impact on the local community; • new First World War memorials or honour boards; • the restoration of existing First World War memorials or honour boards; • the preservation, interpretation and display of First World War wartime and military memorabilia and artefacts; and

Page 153


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

relevant school projects, such as research with a focus on military involvement and social impacts, and the products of research, e.g. written material, documentaries etc.

Council has identified the following projects so far; the need for funding to construct memorial gates and a fence at Anzac Park, Mareeba, to replace the Victory in the Pacific Memorial previously removed, as well as restoration to the canon and installation of lights for the Atherton Cenotaph. It has also been suggested a lunch be provided at Rocky Creek after the Anzac Day ceremony that takes place at the Atherton Cenotaph. Details for this can be worked through with the committee and Council in due course. John Hardy (Rocky Creek War Memorial Committee) has suggested the erection of a Tableland WWI Memorial Wall at either Rocky Creek or Tinaburra near the Avenue of Honor, and the production of a booklet profiling each Tableland WWI soldier by Tableland schools, as projects suitable for funding. The Hon Bob Katter MP, has requested that Council advertise the grant opportunities to the wider community through newsletters, website and emails with applications open from 31 May 2013 until 28 February 2014, with funding available from 1 July 2013. In the first instance, submissions should be received by Council and then referred to the Committee representative for review, with final applications that meet the selection criteria forwarded to the Innisfail electorate office. Either Stacey Maisel or the nominated Council representative should be the contact point for collating submissions for the ANZAC Centenary Grant. LINK TO CORPORATE PLAN EVENTS CP Strategy: 1.2.1 – Community Celebration Events and Festivals OP29 – Continue to directly organise or support community events and festivals utilising the services of Council’s Events Officer and by financial and in-kind contributions CP Strategy: 4.2.4 – People Management Corporate Health and Wellbeing OP184 – Comply with legislative and award requirements in relation to all types of leave entitlements and maintain other existing employee benefits

CONSULTATION Internal Nicole Van Beuningen Councillors Ian Church, CEO External John Hardy LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) NIL POLICY IMPLICATIONS NIL

Page 154


TRC Tablelands Regional Council - Agenda

FINANCIAL & RESOURCE IMPLICATIONS Capital NIL Operating NIL IMPLEMENTATION/COMMUNICATION Media release prepared by Media and Communications Officer ATTACHMENTS Letter ANZAC Centenary Local Grant Program ANZAC Centenary guidelines Funding alert ANZAC Centenary Date Prepared:

4 June 2013

Page 155

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 156

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 157

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 158

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 159

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 160

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 161

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 162

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 163

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 164

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 165

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 166

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 167

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 168

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 169

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 170

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 171

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Page 172

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

ITEM-21

DE-AMALGAMATION REPORT

Thursday 20 June 2013

PROJECT

MANAGER

PROGRESS

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICER’S TITLE:

Brett de Chastel, De-Amalgamation Project Manager

DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY The main focus of the De-amalgamation process is currently on the organisation structures. The population of the TRC structure is commencing and the Transfer Manager has almost finalised the interim MSC structure. Over the next two weeks, the CEO, Transfer Manager and DA Project Manager will be undertaking a series of face to face information sessions across the whole Council to keep staff informed about the de-amalgamation process and specifically, about the process being used to allocate staff between the two future Councils. Other issues being advanced include the split of plant/equipment and debt/cash. OFFICER'S RECOMMENDATION "That Council note the fortnightly update report from the De-Amalgamation Project Manager." BACKGROUND This is the regular fortnightly report of the Project Manager providing Council with an update on progress with the de-amalgamation. This report will focus on a diverse range of issues for the information of Council. Potential legal challenge by the Kuranda Community As the Council would be aware, the Kuranda community is looking to seek redress via the Courts in an endeavour to exclude them from the de-amalgamation process. They are currently undertaking fundraising in relation to the potential court action. At this stage, there is a significant degree of uncertainty about whether or not such an action will ultimately proceed or be successful. Any court action would be taken against the State government in relation to their decision to implement the results of the poll. Tablelands Regional Council would not be a party to that court action (although it may have the option of electing to join any court proceedings if it so desires). Essentially, this is an argument between the Kuranda community and the State Government in relation to the de-amalgamation process. As such, the best course of action for Tablelands Regional Council is to maintain a “watching brief” as ultimately, any successful court action would obviously alter the current process in relation to the de-amalgamation.

Page 173


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Transfer Action Plan One of the requirements of the Transfer Methodology is the development of a Transfer Action Plan. Advice has previously been provided to Council that has now been completed. This is a highly technical document setting out the list of issues to be addressed as part of the de-amalgamation process. As there is not a lot of precedent for a de-amalgamation, it is also likely that the transfer action plan will be a â&#x20AC;&#x153;living documentâ&#x20AC;? which is regularly updated and amended as new issues emerge. In the interests of openness and accountability, the transfer action plan will be updated on a monthly basis and provided for the information of the community on Council's website. It will show the magnitude of the task to separate the two Councils. Update on changes to the Local Government Act The Department of Cabinet has confirmed that they are proposing to introduce amendments to the Local Government Act in the September sittings of Parliament to enable de-amalgamating Councils to propose amendments to rates and budget resolutions if they chose to do so. In other words, it is enabling legislation giving the new Councils an option to review their rates and charges if they choose rather than a mandatory requirement that forces the new Councils to adopt new rates and charges. While this has been described as the intent of the proposed amendments to the Local Government Act, until they are published, no further certainty can be provided. De-amalgamation costs The first de-amalgamation cost statement as required under section 5.4 of the De-Amalgamation Transfer Methodology has been completed and provided to the Director-General of the Department of Local Government. At the end of every month, the Transfer Committee must review costs and agree on which of those costs are de-amalgamation costs under the methodology. We currently have in place a relatively smooth process where, at an officer level, potential deamalgamation costs are reviewed on a fortnightly basis and reported through to the Transfer Committee at the end of the month. A copy of the de-amalgamation cost statement is also now published on the TRC website at the end of each month. Consultancies to provide independent advice to the Transfer Manager The Transfer Manager has engaged a number of independent experts to provide him with advice in relation to the de-amalgamation process. Specifically, the Transfer Manager has engaged: Orion Consulting (David Spearritt) to provide advice across a range of financial issues including the breakup of the balance sheet (cash reserves/debt etc), reviewing the draft MSC budget to apply from 1 January 2014 and to provide financial forecast for the new MSC.  Simpson Advisory Services (Bill Simpson) to provide specific ICT advice in relation to the best ICT solution for MSC including the best option for ICT hardware and software. These consultants were engaged by the Transfer Manager via a quotation process. These engagements will assist with the finalisation of these two key areas. The cost of these consultants is a de-amalgamation cost. Staff Engagement Now that the Council has adopted the TRC organisational structure, it is timely to ensure that there is a high level of engagement with staff about the de-amalgamation process. In the week beginning 17 June 2013, the CEO, Transfer Manager and Project Manager will undertake a series of face-toface information sessions for all staff across the entire organisation. Page 174


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

Obviously, the de-amalgamation process has caused considerable unease with staff with uncertainty for some staff about which organisation they will be working for and in what role. Now that the organisational structure for TRC has been adopted, the process to fill those positions and to allocate remaining staff to MSC can begin in earnest. The Transfer Manager is also in the process of completing his high level structure for MSC. There are significant benefits in resolving the staff issues early in the process. The removal of uncertainty for staff is critical. Over the coming weeks, there should be a lot more clarity for staff in relation to which Council they will be working for, in what role etc. The challenge will be to make sure that all staff continue to work regionally and co-operatively until 31 December 2013 as employees of TRC. This will be emphasised during the upcoming face-to-face information sessions. Shared Services While the De-amalgamation Transfer Methodology encourages the development of shared services between the remaining Council and new Council, it is in fact only something that can occur by agreement between the two parties. Despite the desire of the State Government, the early indications at the other three de-amalgamating Councils is that there are unlikely to be any significant shared services although that is not yet certain. More work is currently being done to advance consideration of this issue. Plant, Vehicles and Equipment The De-amalgamation Project Team has been examining the current lists of plant and equipment held by Tablelands Regional Council to determine the most appropriate split of plant, vehicles and equipment. Contrary to original perceptions, this process should be simpler than originally anticipated simply because there has not been significant rationalisation or movement of plant and equipment since March 2008. The methodology to split the plant and equipment is being documented for audit and probity purposes and a number key staff involved to ensure that the process is perceived as being fair.

LINK TO CORPORATE PLAN A Well Managed Region â&#x20AC;˘ Outcome - Accountable Leadership - A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement. Strategy - Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes. â&#x20AC;˘ Outcome - Quality Management - Quality service to all customers by ensuring that the region's assets and the organisation's workforce and knowledge are appropriately managed. Strategy - Knowledge Management - Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business. CONSULTATION Internal Nil External Nil Page 175


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2012/2013 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Nil

Date Prepared:

29 May 2013

Page 176


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

APPENDIX - NOTED CORRESPONDENCE ITEM-20

NOTED CORRESPONDENCE - 20 JUNE 2013

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

20 June 2013

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Ian Church, Chief Executive Officer

DEPARTMENT:

Office of the Chief Executive Officer

OFFICER'S RECOMMENDATION Resolved "That the following correspondence be noted: 1.

David Crisafulli MP responds to Council letter of 20/05/2013 concerning councillor representation ratios following de-amalgamation post January 2014

2.

Premier of Queensland submits letter to the Mayor thanking Rosa for participating in The Queensland Plan Mackay Summit on Friday 10th May 2013.

3.

Tim Mander MP forwards response to Council letter of 23/04/2013 concerning Tenant Advice for Advocacy Services (TAAS) for Mr Robert Wiseman.

4.

Hon Jeff Seeney MP for State Development, Infrastructure & Planning encloses information regarding arrangements to enable de-amalgamating Councils to continue the preparation of their planning schemes, following the de-amalgamation vote in March 2013.

5.

David Crisafulli MP writes to the Mayor announcing the release of the 2013-14 Local Government Grants and Subsidies Program Infrastructure subsidy (LGGSP IS) to assist Council in delivering priority community infrastructure - closing 28/06/2013

6.

Dept of Energy and Water Supply Reponse to TRC Correspondence dated 12/04/2013 regarding opening Crooks and Wyndham dams to the public - Dept does not plan to provide public access to these dams

ATTACHMENTS Date Prepared: 12 June 2013

Page 177


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 1

Page 178


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 2

Page 179


TRC Tablelands Regional Council - Agenda

Page 180

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 3

Page 181


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 4

Page 182


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 5

Page 183


TRC Tablelands Regional Council - Agenda

Page 184

Thursday 20 June 2013


TRC Tablelands Regional Council - Agenda

Thursday 20 June 2013

ATTACHMENT 6

Page 185


Agenda Atherton 20 June 2013