20160607 S&O Agenda - Noosa Shire Council · Joel Harris, Jane Rivers, and Ulrike Sturm. Arts...

AGENDA

Services & Organisation Committee Meeting

Tuesday, 7 June 2016

commencing at 1.30pm

Committee Room, 9 Pelican Street, Tewantin

Committee: Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie

“Engagement with our community to protect and enhance our lifestyle”

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 7 JUNE 2016

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TABLE OF CONTENTS

ITEM PAGE

ATTENDANCE & APOLOGIES -

PRESENTATIONS -

REPORTS FOR CONSIDERATION OF THE COMMITTEE 3

1 2016-17 COMMUNITY GRANTS FUNDING - FESTIVE, ALLIANCE, PROJECT AND REGIONAL ARTS DEVELOPMENT FUND (RADF) 3

2 LIBRARY SERVICE REVIEW 15

3 HERITAGE LEVY POLICY 19

4 WASTE REDUCTION & RECYCLING PLAN 2016-2024 25

5 NOOSA RIVER HOLIDAY PARK PROPOSED EXTENSION AGREEMENT 37

6 PROPOSED TRANSFER OF SHOP 6 LEASE SUNRISE NEIGHBOURHOOD SHOPPING CENTRE 2 GRASSTREE CRT, SUNRISE BEACH 39

7 UPDATED DELEGATIONS OF AUTHORITY 41

CONFIDENTIAL SESSION -


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REPORTS FOR CONSIDERATION OF THE COMMITTEE

1 2016-17 COMMUNITY GRANTS FUNDING - FESTIVE, ALLIANCE, PROJECT AND REGIONAL ARTS DEVELOPMENT FUND (RADF)

DOCUMENT INFORM ATION

Author Community Development Coordinator, Alison Hamblin

Community Services Department

Index ECM/Subject/69.2 Community Services Section Attachments 1. 2016/2017 Community Alliance Grant recommendations – 3 years 2. 2016/2017 Festive Event Grant recommendations – 3 years

3. 2016/2017 Signature Event Grant recommendations – 3 years 4. 2016/2017 Community Grant Projects first round recommendations 5. 2015/2016 RADF second round recommendations

EXECUTIVE SUMMARY

Not applicable

RECOMMENDATION

That Council note the report by the Community Development Coordinator to the Services & Organisation Committee Meeting dated 7 June 2016 and

A) Authorise the Chief Executive Officer to amend the Community Grants Policy to include a 3 year Signature Event Category for which Service Clubs are eligible; and

B) Approve the following grant funding recommendations:

1. 2016/2017 Community Alliance Grant recommendations as set out in Attachment 1 to the Report;

2. 2016/2017 Festive Season Grant recommendations as set out in Attachment 2 to the Report;

3. 2016/2017 Signature Event Grant recommendations as set out in Attachment 3 to the Report;

4. 2016/17 Community Grant Projects first round recommendations as set out in Attachment 4 to the Report; and

5. 2015/16 Regional Arts Development Fund (RADF) second round recommendations as set out in Attachment 5 to the Report.

REPORT

Purpose The purpose of this report is for Council to consider and adopt the Community Alliance, Festive Season, Community Projects, 3 year Event Grant and RADF grant funding recommendations as set out in Attachments 1 through to 5 of this report.


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Background The annual review of the 2015/16 Community Grants recommended a number of changes to the Community Grants policy. These included:

the establishment of a new 3 year Community Alliance category to replace the previous Operational Grants category;

a new system of water rebates for community organisations; and

Council covering the cost of building insurance for eligible community organisations who have facilities on Council owned land.

These recommendations were endorsed by Council in February 2016 and a new Community Grants policy agreed on 8 February 2016. Following the adoption of the new policy, the first round of the 2016/2017 Community Grants and the second round of the 2015/2016 RADF grants program was advertised and assessed as follows:

• This grant round opened on 22 February 2016 and was advertised in local media and through community networks with a closing date of 8 April 2016.

• A number of free information sessions were held across the Shire for eligible not for profit community organisations to learn about the Council community grants program prior to the closing date.

• Organisations were encouraged to discuss their application with a relevant Council Officer.

• Following the closure of the grant round, applications were then checked for eligibility against the Noosa Council Community Grants policy and guidelines.

• Applications were then reviewed and commented on by specialist staff with appropriate expertise (except RADF).

• All applications and staff comments were then discussed and assessed by the grants assessment panel (except RADF).

• RADF applications were assessed by an external RADF committee made up of one Councillor and five external professional arts industry representatives.

• The assessment panels are recommending the following grants: - 15 applications receive $133,500 funding from the Community Alliance Program; - 7 applications receive $35,400 funding from the Festive Season Event Program; - 5 signature event grant applications to receive $47,500; - 18 applications receive $93,775 funding from the Community Projects Program; - 4 applications and 1 Council initiated project receive $30,176 funding from the RADF

Program.

The assessment panel is recommending that all successful Community Alliance, Festive Season and Signature Event grant applicants be allocated three year funding. Creation of a 3 year Signature Events Category In this grant round some signature community events applied for 3 year Community Alliance funding while others were not eligible to apply as service clubs are specifically excluded from receiving 3 year funding under the Community Alliance category. To address this inequity the assessment committee is recommending a new category of three year funding for signature community events be created.


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This new category will allow service clubs to be eligible for 3 year signature event funding and provide all of the organisations responsible for coordinating signature events greater funding certainty. The assessment committee further recommended that the Community Grants Policy be amended accordingly. Implementation Following endorsement of this report, grant applicants will be notified of the outcomes. Funding to successful applicants will be distributed in July 2016 providing they have no outstanding debt to Council. Previous Council Consideration Ordinary Meeting Minutes, 11 February 2016, Item 1, Page 8

COMMUNITY GRANTS POLICY 2016/17

That Council note the report by the Community Development Coordinator to the General Committee Meeting dated 8 February 2016 and

A. Adopt the updated Community Grants Policy provided at Attachment 1 to the Report;

B. Allocate unspent water and sewerage funds from 2015/2016 to pay outstanding water bills from previous years and implement recommendations from recent hydrology reports undertaken for eligible not for profit community organisations; and

C. Repeal the current Festive Season Event Grants Policy. Finance & Risk The RADF program is jointly funded on a 50:50 basis by the State Government (Arts Qld) and Noosa Council. Traditionally, two funding rounds for RADF and Projects are run each financial year. The 2016/2017 budget has funds allocated for two RADF and two Projects grant rounds. Funds for this round of RADF grants will come from the 2015/2016 budget. One funding round is made available for Community Alliance and Festive Season grants in 2016/2017. There will be a second round of Community Grant project funding opening 31 August and closing 14 October 2016. Water Rebates and Building Insurance grants do not require eligible organisations to make an application but are assessed according to eligibility and established criteria. Consultation External Consultation - Community & Stakeholder

The RADF Committee - made up of Cr Jess Glasgow, Janet Brimson, Rosie Lloyd-Gibblet, Joel Harris, Jane Rivers, and Ulrike Sturm.

Arts Queensland.

Free information sessions were held across the Shire for eligible not for profit community organisation to learn about the Council community grants program.


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Internal Consultation Applications for Projects and Festive Season were initially assessed by Specialist Officers and these assessments were then moderated by a panel comprising the Director of Community Services, the Coordinator of Community Development and the Financial Services Manager. This report has been developed in consultation with staff from across Council including representatives of the following areas: • Community Development team • Executive Office • Financial Services • Environmental Services As per the Noosa Council Community Grants Policy, assessment panel members recognised and declared any actual or potential conflicts of interest and did not debate and were not involved in any discussions on matters relating to that particular application. Departments/Sections Consulted: Chief Executive Officer x Community Services X Corporate Services

Executive Officer to the Mayor & CEO Community Facilities x Financial Services Executive Support x Community Development ICT Libraries & Galleries Procurement & Fleet Local Laws x Property & Facilities Waste & Environmental Health Revenue Services

X Executive Office x Planning & Infrastructure

x Community Engagement Building & Plumbing Services Customer Service Civil Operations Economic Development Infrastructure Planning & Design Governance x Planning & Environment Human Resources Strategic Land Use Planning Sustainability


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2 LIBRARY SERVICE REVIEW OCUMENT INFORM ATION

Author Libraries & Galleries Manager, Kerri Contini

Community Services Department Index ECM/ Subject/ Libraries/ Library Management Attachments Nil

EXECUTIVE SUMMARY

Not applicable.

RECOMMENDATION

That Council note the report by the Libraries & Galleries Manager to the Services & Organisation Committee Meeting dated 7 June 2016 and:-

A. Note the review recommendations outlined in section 3 of this report and consider these in the development of the 2016/17 budget;

B. Authorise the Chief Executive Officer to implement a new organisational structure for the Libraries and Galleries branch; and

C. Adopt the following library opening hours from 1 July 2016:

Noosaville Library Monday – Friday 9:00am – 5:30pm Saturday 9:00am – 3:00pm Sunday 10:00am – 2:00pm

Cooroy Library

Monday – Friday 9:00am – 5:30pm Saturday 9:00am – 1:00pm

REPORT

The purpose of this report is to inform Council of the outcome of the Library Service Review and propose a range of recommendations. 1. Background In 2014, the Council commenced a program of service reviews. The Libraries team was one of the first to be reviewed. The aims of the service review were to: • consider service operations in context of the de-amalgamated Council; • develop a staffing structure; • identify priorities going forward; and • identify potential savings.


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The Libraries review was conducted in two phases. The following outcomes were achieved in the first phase:

A 5% budget reduction was made across the 2014/15 financial year which has been sustained.

A transitional libraries organisational structure was implemented, with an FTE of 28.5, which included the management and support functions working across libraries and galleries.

A new Service Level Agreement was finalised with State Library of Queensland. 2. Phase 2 Review A second phase of the service review was undertaken in 2015/16 to more thoroughly consider operational arrangements such as staffing and opening hours and to establish the foundation for the development of a new Library strategic plan. The review was undertaken by a Service Review Team incorporating the Director Corporate Services, the Director Community Services and the Libraries and Galleries Manager. An external local government analyst also assisted with this phase. The review considered current operations, usage levels, community expectations, income and expenditure and relevant strategic plans. Phase two of the review highlighted that:

The library service is highly used and valued by the community.

Library staff are highly skilled and dedicated.

The collection is heavily utilised and unable to meet current and future usage demands, particularly in digital resources.

Noosaville Library, at 23 years old, is unable to meet current community needs and requires either refurbishment or relocation.

The Mobile Library has a lifespan of 5 to 7 years and its future should be considered within the next 3-5 years.

Customer usage patterns have changed and opening hours should be adjusted to respond appropriately.

Radio Frequency Identification (RFID) tagging of collections should be considered to enable future efficiency gains.

Two and half years after de-amalgamation, the transitional library organisation structure could be revamped to better suit operational requirements.

Savings made in the libraries’ budget should be re-directed into collections, new technology and refurbishment.

3. Review Recommendations The Review Team recommends the following changes: In 2016/17: (a) Remove the equivalent of two full-time staffing positions from the Libraries team, consisting

of one vacant Level 5 role and one full-time equivalent of casual staffing, resulting in a $161,374 saving.


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(b) Use the Employee Costs savings to fund the following new initiatives: i) Undertake design stage of Noosaville Library refurbishment ii) Planning for the introduction of Radio Frequency Identification Technology (RFID) to

better manage the library collection iii) Invest additional resources into the Library collection to meet usage demands,

particularly in the area of eResources (c) Review the Libraries & Galleries branch organisational structure to flatten management

levels and address gaps. (d) Fill the remaining vacant library assistant roles. (e) Adjust library opening hours to reflect current customer usage patterns as follows:

Noosaville Library Current Hours New Hours Mon – Fri 9:30am – 6:00pm Mon – Fri 9:00am – 5:30pm Sat 9:30am – 3:00pm Sat 9:00am – 3:00pm Sun 9:30am – 3:00pm Sun 10:00am – 2:00pm

Cooroy Library Current Hours New Hours Mon – Fri 9:00am – 5:30pm Mon – Fri 9:00am – 5:30pm Sat 9:00am – 12:00pm Sat 9:00am – 1:00pm

Beyond 2016/17: (a) Continue to reinvest the savings identified in the review into collections and technology. (b) Undertake refurbishment of Noosaville Library pending recommendations from the design

phase. (c) Develop a 5 year strategic plan for the Library Service. (d) Implement RFID following consideration of the planning phase. (e) Consider the future of the Mobile Library Service. (f) Consider the longer term future of Noosaville Library. (g) Trial the implementation of library kiosks at a range of locations. Potential locations include

the Peregian Digital Hub, Pomona Community House and Noosa Civic. (h) Consider the staffing implications of these changes. Previous Council Consideration A Councillor workshop was held on 29 April, 2016 to provide an overview of the review process and recommendations.


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Finance & Risk Employee Costs Reduction of 1 FTE in Cost Centre 2501 (Vacant Level 5 Branch Librarian Position 10307) - Total employee cost = $84,476 Reduction of 1 FTE Level 2 Casual Library Assistant - Total employee cost = $76,898 Materials & Services Distribute the $161,374 savings from Employee Costs as follows:

$50,000 - Phase 1 (Design) for Noosaville Library Refurbishment

$9,500 - Phase 1 (Planning) for RFID new initiative

$101,874 – Materials and Services - collections and technology investment in cost centres 2705 and 2706

This distribution will be reviewed for 2017/18. Consultation External Consultation - Community & Stakeholder State Library of Queensland Orion Consulting Network Internal Consultation Chief Executive Officer Director Community Services Director Corporate Services Manager Financial Services Departments/Sections Consulted: x Chief Executive Officer x Community Services x Corporate Services

Executive Officer to the Mayor & CEO Community Facilities x Financial Services Executive Support Community Development ICT x Libraries & Galleries Procurement & Fleet Local Laws Property & Facilities Waste & Environmental Health Revenue Services

Executive Office Planning & Infrastructure

Community Engagement Building & Plumbing Services Customer Service Civil Operations Economic Development Infrastructure Planning & Design Governance Planning & Environment Human Resources Strategic Land Use Planning Sustainability


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3 HERITAGE LEVY POLICY DOCUMENT INFORM ATION

Author Director Community Services, Alan Rogers

Community Services Department Index ECM/Subject/ 69.2 Community Services Section Attachments 1. Draft Heritage Levy Policy

EXECUTIVE SUMMARY

Not applicable.

RECOMMENDATION

That Council note the report by the Director Community Services to the Services & Organisation Committee Meeting dated 7 June 2016 and:

A. Rescind the existing Heritage Levy Policy that transferred to Noosa Council from the Sunshine Coast Regional Council under the Local Government (De-amalgamation Implementation) Regulation 2013; and

B. Adopt the Heritage Levy Policy provided at Attachment 1 to the Report.

REPORT

1. Background Council charges ratepayers an annual Heritage Levy. The purpose of the Heritage Levy (“the Levy”) is to raise funds to preserve and promote the history and cultural heritage of Noosa Shire. This policy outlines the heritage and administrative principles that will provide direction for the allocation of Heritage Levy funds by Council. The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council can only use funds raised via a separate charge for the specific purpose identified in the Revenue Statement adopted each year as part of Council’s annual budget process. In that context, this policy provides guidance and further details about how the Council will manage the Levy and its implementation. This Levy policy updates and replaces the previous Heritage Levy policy which Noosa Council inherited from the Sunshine Coast Regional Council following de amalgamation Previous Council Consideration Nil Finance & Risk Adoption of this levy policy will ensure compliance with Section 94 of the Local Government Act 2009


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Consultation External Consultation - Community & Stakeholder Nil Internal Consultation Libraries and Galleries Manager Financial Services Manager Planning Scheme Project Manager Principal Strategic Planner Heritage Librarian Governance Advisor Departments/Sections Consulted: Chief Executive Officer x Community Services x Corporate Services

Executive Officer to the Mayor & CEO Community Facilities x Financial Services Executive Support Community Development ICT x Libraries & Galleries Procurement & Fleet Local Laws Property & Facilities Waste & Environmental Health Revenue Services

x Executive Office x Planning & Infrastructure

Community Engagement Building & Plumbing Services Customer Service Civil Operations Economic Development Infrastructure Planning & Design x Governance Planning & Environment Human Resources x Strategic Land Use Planning Sustainability


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Council Policy

HERITAGE LEVY

Corporate Plan Reference: Looking after community assets

Endorsed by Council: <Insert Date of Council Meeting >

Policy Author: Libraries & Galleries, Manager

POLICY PURPOSE The purpose of the Heritage Levy (“the Levy”) is to raise funds to preserve and promote the history and cultural heritage of Noosa Shire. This policy outlines the heritage and administrative principles that will provide direction for the allocation of Heritage Levy funds by Council. The head of power for the Levy comes from Section 94 of the Local Government Act 2009 that gives Council the ability to impose a separate charge on all rateable land in the shire. In doing so, Council can only use funds raised via a separate charge for the specific purpose identified in the Revenue Statement adopted each year as part of Council’s annual budget process. In that context, this policy provides guidance and further details about how the Council will manage the Levy and its implementation. Key aims of the Levy are to:

preserve and protect the tangible and intangible cultural heritage of the Shire

implement heritage programs and projects across the Shire;

identify, document, and record the history and cultural heritage of the Shire including our Indigenous heritage, oral history, social history, built heritage, natural heritage, landscape heritage, and historical collections;

increase community awareness of, and access to, the Shire’s heritage;

establish and foster partnerships that have the capacity to enhance the preservation of heritage facilities and resources; and

promote heritage values and strategies across the Shire.

POLICY SCOPE

This policy guides programs, activities or incentives that are eligible to be funded or supported, wholly or partly, by the Levy. Council will review the amount of the Levy each year as part of the preparation of the annual budget and adoption of the annual revenue statement. The Levy will be supported by a Heritage Levy Guideline* to guide staff in operational matters relating to the implementation of the Heritage Levy Policy.

* Yet to be developed


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POLICY STATEMENT

Revenue from the Levy will be expended on a range of emerging priorities and projects which meet the aims of the Levy as decided by Council, with advice from relevant stakeholders. The allocation of Levy revenue will be applied to the following categories:

1. Council Heritage Assets: the maintenance and preservation of Council-owned built heritage infrastructure, sites or collections.

2. Heritage Projects and Initiatives: to fund new and ongoing cultural heritage projects and acquisitions by Council or in partnership with the community.

3. Heritage Consultancy: to engage heritage architects, advisors or similar to provide advice to Council and property owners in relation to cultural heritage matters.

4. Heritage Sector Development: to undertake networking and professional development activities for the local heritage sector and to facilitate the Noosa Heritage Reference Group.

USE OF LEVY REVENUE

The apportionment of Heritage Levy funds across the four categories outlined above will be subject to Council’s annual budget process and program priorities. The Heritage Levy Reference Group will provide a program of recommended priorities and projects as part of the budget development process for Council’s consideration.

All revenue including any revenue raised through approved Levy business activities is to be accounted for separately from Council’s general revenue and shall not at any time be available for expenditure as general revenue.

The Levy can be used for leveraging grants and partnership opportunities from the state and federal governments and other agencies, provided there is no impediment to achieving the agreed outcomes of Levy funding.

Financial management of Levy revenue must be in accordance with relevant legislation and Council policies, including Council’s Revenue Policy.

Heritage consultancy advice provided to property owners will be of an initial consultation only.

Recurrent operational costs should not be funded from the Levy.

Any major acquisitions under Category 2 will be subject to a separate business case and conditions outlined in the Heritage Levy Guidelines.

Unspent levy funds from any specific year will be recognised as restricted cash within Council’s financial statements to be expended in future years.

HERITAGE LEVY GUIDELINES Specific provisions for implementing the Heritage Levy Policy will be detailed in the Heritage Levy Guidelines. ROLES AND RESPONSIBILITIES It is the responsibility of Council to determine the amount of the Levy each year as part of the budget process and to determine the projects which will be funded from the Levy. It is the responsibility of Council officers to ensure that the Heritage Levy program is:

Administered transparently and accountably

Aligned with Council’s objectives, goals and priorities.

Communicated effectively to the community


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Noosa Heritage Reference Group A Noosa Heritage Reference Group will be formed to provide input and advice to Council on Heritage related matters. The Reference Group will consist of:

One Councillor appointed by Council (Chairperson)

Heritage Librarian (Secretary)

3 x Community representatives

1 x Representative of local traditional owners

1 x Architect or town planner with significant heritage experience

1 x Representative of the Department of Environment and Heritage

2 x Council staff appointed by Council

The Reference Group will:

1. Attend scheduled meetings of the Noosa Heritage Reference Group

2. Provide input and suggestions regarding heritage priorities and potential heritage projects in the Noosa Council area

3. Assist in identifying opportunities for partnerships that will enhance cultural heritage activities in the Noosa Council area

4. Provide expert or professional advice on particular aspects of cultural heritage or on specific projects in line with the Reference Group member’s individual qualifications and experience.

The Reference group will be an advisory body without decision-making capacity. DEFINITIONS Built heritage: Buildings or structures and their environments valued by a community because of their historic, scientific, aesthetic, social or architectural significance to that community and which, because of their heritage significance, may appear on the Register of the National Estate, the register of the National Trust of Australia and/or state, territory or local government heritage registers or studies. Cultural heritage: is the legacy of physical (tangible) artefacts and intangible attributes of a group or society that is inherited from past generations, maintained in the present, and bestowed for the benefit of future generations. It presents evidence of past human activity and associations and includes places, objects, customs, traditions and artistic expression. Culture: The identity and values that a community develops over time which defines them as a distinctive group and which are to be remembered, celebrated and preserved for future generations. Indigenous people: Persons of Aboriginal or Torres Strait Islander descent who identify as an Aboriginal or Torres Strait Islander and who are accepted as such by the community in which they live. Intangible cultural heritage: includes the customs, languages, beliefs, oral traditions, knowledge, rituals, skills, stories and histories associated with a particular community or place, created over time and transmitted (generally orally) from generation to generation within the community and contribute to a sense of community identity and continuity.


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Natural heritage: includes cultural landscapes and sites which demonstrate natural significance such as physical, biological or geological formations, precisely delineated areas that constitute habitat of indigenous species of plants or animals, or other natural sites of significance from the point of view of science, conservation or natural beauty. Landscape heritage: Areas of the land, and natural and semi-natural elements, that are prominent, dominant or the only ones, which may include man-made components, and are the product of the appearance, uses and perceptions of places that are part of the outdoor environment and have significance or meaning locally or nationally. Tangible cultural heritage: includes physical artefacts that can be movable (eg paintings, sculptures, coins, manuscripts), or immovable (monuments, buildings, archaeological sites). RELEVANT REFERENCES Aboriginal Cultural Heritage Act 2003 Australian Natural Heritage Charter, Second edition The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013 Local Government Act 2009 National Trust of Queensland Act 1963 The Noosa Plan (16 September 2013) Queensland Heritage Act (1992) Queensland Planning Provisions version 3.0 25 October 2013 Register of National Estate (non-statutory archive) South East Queensland Regional Plan 2009-2031 Sustainable Planning Act 2009 Version control:

Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date

1.0 New Policy Manager Libraries & Galleries 17/5/16

Eg. Review


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4 WASTE REDUCTION & RECYCLING PLAN 2016-2024 DOCUMENT INFORM ATION

Author Acting Manager Waste & Environmental Health, Ian Florence

Community Services Department Index ECM/Subject/Waste – Management Strategy and Policy Attachments 1. Draft Noosa Council Waste Reduction and Recycling Plan

2016 – 2024 (30 pages – supplied separately to this agenda – 2 hard copies available

in the Councillors’ room)

2. Submissions and Responses to Noosa Council Waste Reduction and Recycling Plan 2016 - 2024

EXECUTIVE SUMMARY

The draft Noosa Council Waste Reduction and Recycling Plan 2016 – 2024 (the Plan) has now been through its mandatory public consultation phase. Submissions have been reviewed and some amendments made to the Plan as a result. The Plan is now presented to Council for endorsement.

RECOMMENDATION

That Council note the report by the Acting Manager of Waste and Environmental Health to the Services & Organisation Committee Meeting dated 7 June 2016 and approve the Noosa Council Waste Reduction and Recycling Plan 2016 – 2024 provided at Attachment 1 to the Report.

REPORT

Every local government is required to develop a Waste Reduction and Recycling Plan to comply with State Government requirements under the Waste Reduction and Recycling Act 2011. In March 2016 the Waste Section drafted the Noosa Waste Reduction and Recycling Plan 2016 – 2024 to comply with these requirements. The 27 page document outlines Noosa Council’s strategy for waste management over the next eight years. It includes Noosa’s first Community Jury’s recommendations for reducing organic waste sent to landfill. These recommendations – including a future mandatory green waste bin service – are an important part of our long-term “Towards Zero Waste” strategy. The first draft was referred to the General Committee on 7 March 2016 for review and approval for mandatory public consultation purposes granted by Council on 10 March. The Plan went out for public consultation from 29 March to 3 May 2016. It was publicly advertised in local media and made available on Your Say Noosa. Copies were also available at Council facilities. Council staff and Councillors were available to discuss the Plan with the community at Noosaville Library on 12 & 19 April and Cooroy Library on 15 & 22 April. 36 submissions were received; these included written and verbal submissions at community sessions. Noosa Community Biosphere Association submitted a comprehensive 19 page submission that took into account their own survey of local residents and businesses. Key issues brought up by The Biosphere Association included: general support for the Plan; improvements in public place recycling; community education/engagement to improve behaviour of residents and industry; and ideas on how Council could facilitate improved rates of recycling.


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In general the feedback from the community was very positive with most submitters supportive of the Plan. The main subjects raised in submissions from the community were: • 10 submissions opposed to a compulsory third green waste bin. • 7 submissions requesting more public place recycling bins, particularly in country areas. • 4 submissions requesting improved recycling of e-waste. • 3 submissions requesting clarification of areas/properties that will receive a compulsory

third bin. • 3 submissions requesting better control over unsolicited deliveries of newspapers/

advertising. • 3 submissions requesting better policing of contaminated recycling bins.

All submissions have been reviewed and a table of responses has been developed to provide feedback to submitters (refer Attachment 2).

Proposed amendments to the initial draft Plan following the consultation include the following actions:

1) An increase in the number of public place recycle bins over the next three years, including in Hastings Street and rural townships.

2) Noosa Council to advocate to the State Government for the introduction of a Container Deposit Scheme that will add a value to recyclable material collected by Council and improve state recycling rates.

3) The Waste Section to review any new Container Deposit Scheme put forward by State Government and provide a report to Council on its consequences for Noosa Council and residents.

4) The Waste Section to draft and implement a Litter and Dumping Management Plan in the next 6 - 12 months, this will include a compliance strategy to work with newspapers, advertisers and mail distributors to prevent unsolicited mail ending up in the environment.

5) Clubs operating on Council land will be encouraged to improve recycling and waste minimisation.

Previous Council Consideration

Ordinary Meeting Minutes, 27 August 2015, Item 1, Page 8

That Council note the report by the Manager Waste and Environmental Health to the GeneralCommittee dated 24 August 2015 and Attachment 1, “Noosa Community Jury’s Verdict –Findings and Recommendations on the Best Way to Minimise Organic Waste to Landfill”, and:

A. Thank the Community Jury members for participating in the Community Jury Process, for their dedication and time attending meetings, researching material and finalising their Report and Recommendations to Council;

B. Agree in principle to the introduction of a mandated Garden Organics Waste CollectionService to urban areas of Noosa Shire and refer the proposal to a Council workshop to determine details of who would receive the service, how the service would be implemented and timing for its introduction;

C. Agree in principle to the introduction of a future Food and Garden Organic waste collection service to sections of the Noosa Community and refer the proposal to a Council Workshop to consider who would receive the service, how it would be implemented and timing for its introduction;

D. Agree in principle to a ban on single use non-biodegradable plastic bags in Noosa and refer the proposal to a Council Workshop to determine how this might be implemented; and

E. Agree with the Jury recommendations regarding the need for a comprehensive community education and information campaign to accompany the introduction of any significant changes to the waste collection services currently provided by Council.


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Ordinary Meeting, 10 March 2016, Item 1, Page 9

That Council note the report by the Manager Waste and Environmental Health to the General Committee Meeting dated 7 March 2016, and:

A. Approve the Draft Noosa Council Waste Reduction and Recycling Plan 2016 – 2024 (as provided at Attachment 1 to the report) for the purpose of public consultation, and

B. Advertise the Plan in local media immediately after Easter as being available for public comment with the consultation period to close on 3 May 2016.

Finance & Risk Endorsement of this Plan will ensure Council meets one of its legislative obligations under the Waste Reduction and Recycling Act 2011. The Plan commits Council to a range of activities and initiatives to reduce waste to landfill over the next eight years. The commitment to increasing the number of public place recycling bins will require expenditure of up to approximately $100,000 over the next three to five years. Consultation External Consultation - Community & Stakeholder The Plan went out for public consultation from 29 March to 3 May 2016. Internal Consultation Departments/Sections Consulted: Chief Executive Officer X Community Services Corporate Services

Executive Officer to the Mayor & CEO Community Facilities Financial Services Executive Support Community Development ICT Libraries & Galleries Procurement & Fleet Local Laws Property & Facilities Waste & Environmental Health Revenue Services




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Attachment 2 Submissions and responses to draft Noosa Council Waste Reduction and Recycling Plan 2016-2024

Submission subject Number of submissions relating to subject

Response

More public place recycling bins.

7 Agree. Already addressed on page 10 of the Plan. Action Plan updated to ensure an increased number of public place recycling bins in the future. Plan to be rolled out over the next 3 years.

Public place recycling bins on Hastings Street 1 Agree Hastings street to be included in above plan. A trial has commenced to collect recycling bins on Hastings Street daily.

Bulk kerbside collection needs to recycle a lot more than it did last year

1 Agree. Already addressed on page 12 of the Plan and Point 2.3 of the Action Plan. The future potential options for providing a more environmentally sustainable bulk kerbside collection to be analysed by Waste Section and a report provided to Council for their consideration.

Investigate the feasibility of recycling in Noosa – I.e. Noosa Council construct and operate a Material Recovery facility

1 Disagree Cost of building and operating a Material Recovery Facility for just Noosa Shire is not economically feasible.

Council should adopt a harder line on those caught littering and dumping

1 Noted This compliance strategy is to be considered in the drafting of a forthcoming Litter and Dumping Management Plan. This is now included in Point 4.14 of the Plan.

Council should collect e-waste

4 Noted. Addressed in Point 3.2 of the Action Plan. Noosa Council will once again facilitate the collection of e-waste at its facilities when an option to recycle it becomes available. At present there are no recycling agents accepting e-waste in the region and so it is not economically viable.


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Promote national recycling schemes on the council website

1 Agreed This is currently happening.

Council should NOT introduce a compulsory garden waste bin service

10 Disagree A compulsory third bin in townships to remove a significant amount of organic waste from landfill was a main recommendation of the Noosa Community Jury and has received widespread support from the community. This initiative will result in a significant portion of the community’s organic waste being removed from landfill and recycled into a useful product. Increasing diversion of waste from landfill is required by the Queensland Government’s waste reduction policy that Noosa Council is obliged to meet.

Clarify areas to receive compulsory green bin service

3 Noted. This has now been clarified for the new contract. All residents affected will be notified. The areas to be included are all townships excluding Kin Kin, Teewah and North Shore. Those within a 5km radius of this area have the option to opt in. Unit complexes will not be required to receive a service.

I don’t need a green bin as I currently use a green waste bagging company.

1 Noted. Owners of houses using a green waste bagging company may be given an exemption where they can demonstrate that they use that service and the green waste is diverted from landfill.

Would like 2 green bins, but don’t want to pay the extra fee.

1 Disagree. Extra bins will be charged in accordance with user pays principle.

Council should take steps to deal with littering and environmental issues associated with the distribution of newspapers and advertising.

3 Agree. The Waste Section to explore a compliance procedure as part of the Litter and Dumping Management Plan to address problems with unsolicited mail left on footpaths and in stormwater drains.


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Council should take action to incentivise the use of the right bin to avoid contamination of recyclables/green waste.

3 Agree. Policing of contamination in recycle bins to be considered where necessary and resources allow. It should be noted that recent waste audits and feedback from recycling agents show that the Noosa Community already produces recyclables and green waste with a very low level of contamination.

Council should consider digestion (gas capture) from green waste

1 Disagree This is not economically feasible at this time.

Three 240 litre bins do not provide any incentive for waste reduction. Council should provide the option of smaller 140 litre general waste bins to reduce costs to the ratepayer.

3 Noted, but disagree. 140litre bins are collected at the same cost as 240litre bins. Therefore there is no cost saving. Council would run the risk of additional contamination of the recycle bin if general waste bin was of a limited size. It is worth noting that when 140litre bins were an option in Noosa only 60 bins were taken up.

Compliance officer needed to police use of bins and encourage waste reduction in residential, commercial and industrial users. This person could be used to monitor and provide advice on waste reduction plans.

1 Agreed. Dependant on resources.

Reinstate free voucher system 1 Noted Council currently offers a bulk kerbside collection service to all residents instead. A voucher system will be one of the options considered in the bulk kerbside review. Free dumping of unsorted waste is not in accordance with users pays principle.

Recycle bins are not needed or wanted by me or my neigbours.

1 Disagree Does not reflect the feeling of the wider community and removing recyclable material and green waste from landfill is critical for the environmental sustainability of Noosa.


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20 years ago people could take recycling to the landfill station where they sorted it themselves and put it into the skips provided

1 Noted This is still the case.

Encourage commercial food waste composting 1 Noted. Already included in Plan.

If people can’t get the use of normal recycling bin right, then why would council assume that they will use the 3 bins correctly.

1 Noted Community engagement and education is critical to the success of the Plan and it is included.

Council has not consulted enough. The invitations for the Community Jury that considered the waste issue should have been sent to all Shire residents not just a random sample of 3000.

1 Disagree The initial 3000 addresses were selected via a computerised, random sampling process. Council could not send out more than 3000 invitations out via post because it would have been too expensive. In addition, all responses were received by new Democracy Foundation that had the responsibility of processing the responses and ultimately, selecting a jury. This entailed matching people against demographic segments of Noosa Shire, calling them and making sure that they are available for all the session times and willing to take on the role. The time, effort and cost required to carry out this process precluded sending out invitations to the entire Shire which may have resulted in thousands of positive responses to process.

Encourage waste avoidance and reduced consumption within the community.

1 Agree Towards Zero Waste education strategy has a specific focus on shopping smart and reducing consumption.

Incentivise waste reduction in commercial businesses (i.e. lower fees for less waste)

1 Noted Commercial and industrial users have the option of paying a minimum charge for the basic waste collection service. Anything above this is strictly on a user pays basis for the amount of waste produced. Therefore if less waste is produced, less collections, cheaper fees.

Council provide optional composting bin/kitchen caddy

1 Noted. Currently not economically feasible, but may be considered in the future.


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Re-affirm ban on plastic bags 1 Noted This is already included in the Plan and was a Council endorsed recommendation of the Community Jury.

Provide 360l recycling bins at no extra charge on request.

1 Noted. 360 litre recycling bins are to be to be made available from August 2017 in the next waste contract. There will though be a small extra charge to cover collection costs in accordance with user pays principle.

Expand recycling into currently un-serviced areas 1 Agree. Suitable trucks to service currently inaccessible areas are to be requested in new contract.

Implement a service to include a central 24-hour community drop off collection point for recycling for residential areas not included in kerbside recycling collection under the new commercial contract or make available one optional annual voucher free of charge for general waste or a bulk item disposal at a Noosa landfill.

1 Noted Bulk kerbside options are currently being explored (see above). An unmanned 24 hour drop off point is not being considered due to user pays principle and likelihood that it will be abused and lead to safety, environmental and amenity problems.

Conduct audits of multi-unit complexes to ascertain the need for additional recycling bins to improve recycling. A goal of at least 50/50 general waste bins to recycling bins should be the desired outcome. Encourage property managers to promote and include recycling bins in units.

1 Agree Subject to resources.

Make available upon request additional recycling bins to a maximum 3:2 scale for multi-unit complexes at no extra charge (subject to demand and space).

1 Noted Additional recycling services may be requested, however service will need to be funded by user.


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Place separate 'No Plastic Bags' stickers on new recycling bins.

1 Noted Bins are already stamped with information.

Continue to supply educational information that promotes recycling, improves recycling habits and reduces landfill contamination rates.

1 Agree Already included in Plan.

Extend the introduced three-bin system to include a full organics waste collection service by 2025.

1 Noted In accordance with Council endorsed Community Jury recommendations this matter will be investigated again prior to 2025.

Implement composting and worm farming workshops over a three-year period and provide at a discounted price a pre-determined number of kitchen caddies, composting bins and/or worm farms available to attendees at each workshop.

1 Noted Workshops to be conducted as part of the Towards Zero Waste education strategy. Provision of free items will be subject to resources.

Continue to provide support and appropriate council land for existing and proposed community veggie villages for the diversion of organic waste to landfill.

1 Noted Recommendation referred to Community Development for consideration.

Council to formally endorse the Container Deposit Scheme

1 Noted Waste Section supports the scheme in principal, however the details of how it will operate and how this may impact Council and ratepayers are not yet known. A report to Council will be prepared when details of a CDS are released.

Investigate alternatives to dog waste plastic bags 1 Agree Currently underway.

Ensure organisers and managers of special events, markets and sports facilities on Council land have proper recycling policies and procedures are in place.

1 Agree Included in the Plan. Council also currently has a sustainable events guide.


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Develop programs that give ownership to sustainable practices for sports club and other groups using Council land.

1 Agree Now added to Action Plan Point 2.6

Encourage shopping centres to make recycling bins readily available for customers.

1 Agree

Distribute waste reduction and recycling information and educational brochures to the Noosaville Industrial Precinct.

1 Noted Subject to resources.

Is a resource recovery drop off point for the local businesses at the Eumundi-Noosa Rd depot near the industrial precinct a cost-effective alternative to improve recycling and assist in landfill diversion (e.g. scrap metal, wiring, plastics).

1 Disagree Does not reflect user pays principle. Pre-sorted recyclable waste can already be dropped off for free at the Eumundi Road Resource Recovery Facility. An unmanned drop off point would be difficult to regulate and manage.

Employ a full time education and compliance officer to monitor the segregation of waste streams.

1 Agree Subject to resources.

Replace existing commercial 240L recycling bins for each business with a larger 360L recycling bin wherever possible or as needed with no impact to kerbside collection frequency.

1 Agree Larger recycling bins to be optional to commercial operators from August 2017 under the new contract.

Provide a minimum fortnightly recycling collection of 1 x 360L bin or similar capacity or increase collection frequency to a minimum weekly recycling collection of 1 x 240L bin for hinterland businesses.

1 Agree Additional recycling options provided for in new contract.

Provide a minimum weekly recycling collection of a 360L or similar capacity for coastal businesses.

1 Agree Additional recycling options provided for in new contract.


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Supply, as needed, an additional 240L recycling bin for those businesses requiring 240L bins under special circumstances (e.g. access, limited space) at little or no extra charge.

1 Agree Additional bins will incur an extra service charge.

Promote the use of can and plastic bottle crushers to reduce volumes in bins and increase recycling efficiently.

1 Agree Subject to resources

Investigate the possibility of creating or identifying a simple online platform via social media to share and allow residents to easily donate items to other residents or NFPs on a daily basis (an example could be a 'Pay It Forward' Facebook page).

1 Noted Potential for partnerships with community groups to develop this resource.

Consider waiving fees for self-hauled items such as green waste, mattresses and general household goods- refrigerators.

1 Noted Sorted recyclable items are already free. Waste items at user pays.

Legislate a ban on the intentional release of helium filled balloons similar to Sunshine Coast.

1 Agree Will be addressed in the Litter Management Plan.

Support a coin deposit for shopping trolleys supermarkets and shopping centres.

1 Noted

Trial or investigate extending the hours and/or days of transfer stations to better accommodate the needs of the hinterland communities.

1 Disagree The two rural facilities are not used extensively enough to warrant extra resources required to extend hours.

Allocate funds received from the commercial arrangements with LMS for the 'Towards Zero Waste' initiative.

1 Noted Revenue received from methane extraction already used for waste initiatives.


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Actively support an increase to state landfill levies and lobby support through the LGAQ.

1 Noted Council would need to have the details of the proposal before being in a position to comment.

Investigate the viability of entering into a commercial contract, similar to LMS contract arrangements, for the collection of organic waste and installation of a commercial composting facility at the Eumundi Rd landfill.

1 Noted Potential to act on future viability of composting facility to be included in the next contract.

Investigate a cooperative opportunity between Council and the business and agricultural sectors to install a commercial composting unit(s) in the Hastings St precinct for diversion of organic waste to landfill and use in soil reconditioning for farms and planting projects.

1 Noted Potential for partnership arrangements with businesses will be explored.

Seek support from the wider community including local residential and community associations, business and environmental organisations, social groups and sporting clubs.

1 Agree Opportunities for partnerships will be explored.

Promote the practice of refusing excess packaging, recycling and re-using products.

1 Agree Will form part of the Towards Zero Waste education strategy.


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5 NOOSA RIVER HOLIDAY PARK PROPOSED EXTENSION AGREEMENT DOCUMENT INFORM ATION

Author Property and Facilities Manager, Clint Irwin

Corporate Services Department Index ECM/ Subject/ 8.13 – Noosa River Holiday Park / Property: 4 Russell St,

Noosaville Attachments Nil

EXECUTIVE SUMMARY

Not applicable.

RECOMMENDATION

That Council note the report by the Property and Facilities Manager to the Services & Organisation Committee Meeting dated 7 June 2016 and authorise the CEO to enter into an extension to the current interim management agreement for the Noosa River Holiday Park with Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd for 7 months commencing 1 August 2016.

REPORT

Council operates one holiday park and two campgrounds which offer a wide variety of unique experiences for visitors. All holiday parks operate under a management agreement with varying terms to suite the scale of the operation. The current managers of the Noosa River Holiday Park are Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd (the Manager) have been managing the Noosa River Holiday Park since 1 September 2010. The previous management agreement was for a four year term with a one year option. The option was accepted by the Manager in 2014 and expired 30 August 2015. Two interim agreements have been offered to the Manager, with the last 5 month extension granted at the Ordinary Meeting dated 12 November 2015. This extension expires on 31 July 2016. The agreement extensions were required to allow a review of the current management agreement documentation with a view to clarifying responsibilities and simplifying the overall terms of the agreement. This review is well underway but has taken longer than first envisaged due to Council undertaking a strategic review of responsibilities and terms of all holiday park agreements. Moreover, noting the timeframes required to complete the tendering process there is not sufficient time to ensure a new agreement is in place and operational by 1 August 2016. Accordingly the purpose of this report is to seek Council approval to extend the current management agreement up to 28 February 2017 to allow Council sufficient time to complete the review of the responsibilities and terms of the agreement and undertake the associated tender process for management of the Noosa River Holiday Park. The incumbent has discharged its obligations in relation to the interim agreement to date.


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Previous Council Consideration Ordinary Meeting, 19 November 2015, Item 15, Page 12 That Council note the report by the Property and Facilities Manager to the Planning & Organisation Committee Meeting dated 10 November 2015 and authorise the CEO to enter into an extension to the current interim management agreement with Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd for 5 months commencing 1 March 2016. Ordinary Meeting, 4 June 2015, Item 11, Page 18 That Council note the report by the Property and Facilities Manager to the General Committee Meeting dated 1 June 2015 and authorise the CEO to enter into an interim management agreement for the Noosa River Holiday Park with Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd for 6 months commencing on 1 September 2015. Finance & Risk Nil Consultation External Consultation - Community & Stakeholder Anvera Pty Ltd trading as Dineen Tourism Management Park Pty Ltd Internal Consultation Director Corporate Services Manager Procurement and Fleet Property Officer Departments/Sections Consulted: X Chief Executive Officer Community Services X Corporate Services

Executive Officer to the Mayor & CEO Community Facilities Financial Services Executive Support Community Development ICT Libraries & Galleries X Procurement & Fleet Local Laws X Property & Facilities Waste & Environmental Health Revenue Services




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6 PROPOSED TRANSFER OF SHOP 6 LEASE SUNRISE NEIGHBOURHOOD SHOPPING CENTRE 2 GRASSTREE CRT, SUNRISE BEACH

DOCUMENT INFORM ATION

Author Property and Facilities Property Officer, Michelle Stirling

Corporate Services Department Index ECM/ Subject: 46.01 Lease / Application No: LEAS13/0017 Attachments Nil

EXECUTIVE SUMMARY

Not applicable

RECOMMENDATION

That Council note the report by the Property and Facilities Property Officer to the Services & Organisation Committee Meeting dated 7 June 2016 and approve the proposed transfer of the lease for Sunrise Neighbourhood Shopping Centre, Shop 6 – Bakery, from St Barbs Pty Ltd to Cartor Pty Ltd.

REPORT

St Barbs Pty Ltd (the Lessee) has held the lease for Shop 6 at the Sunrise Neighbourhood Shopping Centre since early 2003. The current lease expires 27 April 2019, with a 5 year option. The Lessee has a contract of sale for the business. The sale is conditional on the lease transferring to the proposed new business owner. Accordingly, the purpose of this report is to seek Council approval to transfer the Shop 6 lease to Cartor Pty Ltd. The proposed business owner has many years of experience as a baker, and in fact has been operating the existing bakery at shop 6 since 2011 (they are a direct relative of the existing lease holder). The proposed new business owner has provided Council with documentation to support the lease transfer request including references and financial information to allow an evaluation of their suitably to enter into the lease. The documentation has been assessed and it has been deemed appropriate to transfer the lease to the new business. Subsequent to formal Council resolution a deed of assignment is to be executed by the current lessee, the proposed new business owner and Council. Previous Council Consideration Nil Finance & Risk Nil


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Consultation External Consultation - Community & Stakeholder Nil Internal Consultation Director Corporate Services Manager Property & Facilities Departments/Sections Consulted: Chief Executive Officer Community Services X Corporate Services

Executive Officer to the Mayor & CEO Community Facilities Financial Services Executive Support Community Development ICT Libraries & Galleries Procurement & Fleet Local Laws X Property & Facilities Waste & Environmental Health Revenue Services




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7 UPDATED DELEGATIONS OF AUTHORITY DOCUMENT INFORM ATION

Author Governance Advisor, Paul Bright

Executive Office Index ECM/Delegations of Authority Attachments 1. Updated Delegation of Authority (Public Health Act): Council to

Chief Executive Officer 2. New Delegation of Authority (Biosecurity Act): Council to Chief

Executive Officer

EXECUTIVE SUMMARY

Not applicable.

RECOMMENDATION

That Council note the report by the Governance Advisor to the Services and Organisation Committee Meeting dated 7 June 2016 and pursuant to section 257 of the Local Government Act 2009:

A. Adopt the updated the Delegation of Authority by the Council to the Chief Executive Officer (CEO) relating to Public Health as detailed in Table 1 of this report and provided at Attachment 1; and

B. Adopt the new Delegation of Authority relating to Biosecurity powers of Council under the Biosecurity Act 2014 as provided at Attachment 2.

BACKGROUND This report provides a brief background surrounding Council’s Delegations of Authority, and seeks Council approval to: 1. Adopt a new delegation relating to powers under the new Biosecurity Act 2014, which will commence operation from 1 July 2016.

2. Update Council’s current Public Health delegation to incorporate recent changes to the

Public Health Act 2005 relating to Asbestos Management by a local government. Delegations in Local Government Local Governments are required to make numerous decisions every day in order to properly discharge their statutory powers and responsibilities for the communities they serve. To streamline operations, in accordance with section 257 of the Local Government Act 2009 (LGA), a Local Government may, by resolution, delegate a power of the Local Government under the LGA or another Act to:

The Mayor; or

The Chief Executive Officer (CEO). Pursuant to section 259 of the LGA, a CEO may delegate the CEO’s direct powers to an appropriately qualified employee or contractor of the Local Government. The CEO is also able to on-delegate powers that have been delegated to CEO from Council.


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As a general guide, where a legislative instrument refers to a particular power of a ‘Local Government’ this is a power of Council and therefore, that power is only able to be exercised by Council unless that power has been appropriately delegated. In some instances, the CEO will have particular powers provided by legislation by virtue of holding the position of CEO within the Local Government. Such powers can be identified where the legislative instrument refers to a particular power of a “chief executive officer’ as opposed to a ‘Local Government’. It is important to note that if the CEO or Local Government delegates a particular power, they can still utilise this power and if required, retract a delegated power from a person to whom they have delegated the power to, or amend or condition the delegation as desired. Council’s Delegations Register In accordance with the LGA, Council has in place a Register of Delegations recording all delegations made by the Council to the CEO, and delegations, which the CEO has on delegated to various employees and contractors. The Register of Delegations must be made available to the public for review upon request. Pending adoption by Council, the updated Delegation of Authority relating to Asbestos Management and new Delegation relating to environmental biosecurity (provided at Attachments 1 and 2) will be entered into Council’s Delegations Register. The CEO will then where appropriate, on-delegate various powers to relevant positions within the organisation to ensure efficient operations. Delegations Review Process Pursuant to section 257(4) of the LGA, Delegations to the CEO by Council must be reviewed by the local government annually. This ensures that the Delegations align with any relevant legislative changes and new legislation enacted during the previous year. LGAQ provides local governments with a ‘Delegations Register Service’. This service outlines all possible delegations within the list of local government related legislation in the following two documents: 1. The Register of Delegations – Council to CEO; and 2. The Register of Delegations – CEO to Employee or Contractor. The Governance Branch uses the content of the registers provided by LGAQ to review Council’s Delegation of Authority documents and put forward changes to current delegations and new delegations to Council to consider for adoption. LGAQ engages King & Company Solicitors to provide assurance that its Delegations Register Service are up to date and can be relied upon by local governments. The LGAQ will update this register in July 2016 after which the Governance Team will undertake the comprehensive annual delegations review. In the meantime, as a result of recent legislative changes, the Governance Officer has identified that the two delegations subject of this report require approval prior to the annual delegations review.


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Public Health Act 2005 Pursuant to Section 13 of the Public Health Act 2005, a local government now has the responsibility to manage and administer the powers of the Public Health Act in relation to domestic public health risks relating to asbestos in the local government area. The responsibility for the regulation of public health risks relating to asbestos in a non-workplace (domestic) settings was devolved to local government in September 2015 via amendments to the Public Health Act 2005 following an agreement brokered through the Local Government Association Queensland (LGAQ) that any liability arising from any Local Government Public Health actions would be indemnified by the State subject to specific conditions outlined in the Act. A summary of the new powers required to be delegated relating to Asbestos Management under Public Health Act are outlined in Table 1 below and have been incorporated into the updated Delegation provided at Attachment 1. To support the exercise of the new powers under the Public Health Delegation, Council’s Environmental Health Team have developed new policies and processes, which were recently approved by the Leadership Team. Table 1: Public Health (Asbestos Management) updated Council to CEO Delegations Public Health Act Delegation under the Public Health Act 2005

New powers

Section 454B (3) Power to recover contribution from a prescribed person. Section 454C (2) Power to comply with the indemnity conditions in relation to each asbestos-related event to which the official conduct relates. Section 454CA (2) Power to give notice of the proceeding to the State. Section 454G Power to ensure each authorised person who exercises powers under the Act in relation to an asbestos-related event has satisfactorily completed the training prescribed by regulation. Section 454I Power to keep the records prescribed in subsections 454I(1), (2) for each asbestos-related event.

Biosecurity Act 2014 The Biosecurity Act 2014 will come into effect on 1 July 2016. The new Act provides a consistent, modern, risk based and less prescriptive approach to biosecurity in Queensland and deals with the following: 1. Pests (such as wild dogs and weeds); 2. Diseases (such as foot and mouth disease); and 3. Contaminants (such as lead on gazing land). The new Delegation provided at Attachment 2 contains all the new powers under the Biosecurity Act, which Council’s Environmental Health Coordinator has advised may be required for Noosa Council operations.


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Previous Council Consideration The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting held on the Ordinary Meeting 27 August 2015 with the exception of the Delegation of Authority: Procurement & Contracting and Delegation of Authority: Local Laws, which were updated and adopted in May 2015. Finance & Risk Operationally, if delegations are not current or officers operate outside of their delegated authority, relevant decisions made and action taken may be considered unauthorised and subject to legal challenge. This may expose Council to the risk of unnecessary and expensive legal action by third parties and reputational damage. All of Council’s delegations contain the following conditions to manage the risk of Officers acting beyond the appropriate delegated authority: “1. The delegated officer must exercise this delegation in accordance with Council resolutions, policies, guidelines, procedures, industrial instruments and agreements. 2. If the CEO on delegates any of these powers the delegated officer must exercise any delegated power in accordance with the scope and limitations of the subject officer’s letter of appointment and/or, position description, qualifications, technical knowledge and legislative requirements.” Consultation External Consultation - Community & Stakeholder The Governance Branch consults with the Principal Advisor of LGAQ in relation to delegation matters as required. Internal Consultation The Governance Branch has consulted with the Director of Community Services and Environmental Health Coordinator in relation to the delegations subject of this report to ensure that only powers which are required for operational purposes are identified and delegated where appropriate. Departments/Sections Consulted: Chief Executive Officer X Community Services Corporate Services

Executive Officer to the Mayor & CEO Community Facilities Financial Services Executive Support Community Development ICT Libraries & Galleries Procurement & Fleet Local Laws Property & Facilities X Waste & Environmental Health Revenue Services




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Attachment 1

DELEGATION OF AUTHORITY

TITLE: PUBLIC HEALTH

Delegation by the Council to: Date: Chief Executive Officer

Source of Authority: Local Government Act 2009 Section 257 Public Health Act 2005 Public Health Regulation 2005

Delegated Power: 1. To exercise powers of the council pursuant to the Public Health Act 2005.

DESCRIPTION OF POWER DELEGATED LEGISLATION

Power to administer and enforce the Act regarding local government public health risks and a regulation made under section 61 stating that the regulation is to be administered and enforced by local governments only.

Section 13

Power, as an issuing authority, to apply to a magistrate for an order enforcing a public health order (an enforcement order).

Section 24(2)

Power, as an issuing authority, to enter a place to take steps to remove or reduce the risk to public health from the public health risk or prevent the risk to public health from recurring, if ordered by a magistrate.

Section 27(2)(b)

Power, as an issuing authority, to recover the amount, plus interest, a person has been ordered to pay under an enforcement order as an overdue rate payable to Council under the Local Government Act 2009.

Section 31

Power to lodge a request to register with the registrar of titles, in the appropriate form over the land, an unpaid amount, including interest, that is payable to Council under an enforcement order relating to a public health risk on land owned by a person as a charge on the land.

Section 32

Power to consult with the chief executive before the chief executive authorises a prevention and control program which relates to Council’s local government area.

Section 36(5)

Power, as a water service provider1, to inform the authorised person that Council believes that it has complied with an improvement notice issued under this division.

Section 57B

1 Excludes SE Qld Councils


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Power to enter into an agreement with the chief executive for the disclosure of confidential information.

Sections 84(1)(b)(i) and (2)(a), 226(1)(b)(i) and (2)(a), 244(1)(b)(i) and (2)(a), and 269(1)(b)(i) and (2)(a)

Power, as an issuing authority, to enter the place, at reasonable times, to take the steps stated in a public health order where the person has failed to comply the order.

Section 388(2)

Power, as an issuing authority, to give the occupier and owner of a place a notice required under the section, where an authorised person intends to enter the place to take steps required under a public health order.

Section 393(2)

Power, as an issuing authority, to recover the amount payable, including interest, of the reasonable costs and expenses incurred by Council in exercising powers under section 388 or 405 as an overdue rate payable to Council under the Local Government Act 2009.

Section 406

Power, as an issuing authority, to lodge with the registrar of titles, in the appropriate form over the land, a request to register an unpaid amount, including interest, that is payable to Council for steps taken by it on land owned by a person as a charge on the land.

Section 407

Power, as an owner of a thing seized by an authorised person, to inspect the thing and, it if is a document, to copy it.

Section 415

Power to apply to the court for an order against a person convicted of an offence against the Act for the payment of the costs Council has incurred in taking a thing or doing something else during the investigation of the offence.

Section 443(1)(b)

Power to deal with a thing forfeited as Council considers appropriate, including destroying the thing.

Section 446

Power, as an owner of a thing forfeited to a relevant entity under section 413(1), to appeal against a decision resulting in the forfeiture of the thing.

Section 450

Power to recover contribution from a prescribed person. Section 454B(3) Public Health Act 2005

Power to comply with the indemnity conditions in relation to each asbestos-related event to which the official conduct relates.

Section 454C(2) Public Health Act 2005

Power to give notice of the proceeding to the State. Section 454CA(2) Public Health Act 2005

Power to ensure each authorised person who exercises powers under the Act in relation to an asbestos-related event has satisfactorily completed the training prescribed by regulation.

Section 454G Public Health Act 2005


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Power to keep the records prescribed in subsections 454I(1), (2) for each asbestos-related event.

Section 454I Public Health Act 2005

2. To exercise powers of the council pursuant to the Public Health Regulations 2005.


Power to administer and enforce Part 1A, Divisions 1, 2 and 3. Sections 2C, 2M, and 2T

Power to approve a site for the disposal of asbestos waste. Section 2I(2)(c)

Conditions of Delegation:

1. The delegated officer must exercise this delegation in accordance with council; resolutions, policies, guidelines, procedures, industrial instruments and agreements.

2. If the Chief Executive Officer on delegates any of these powers the delegated officer must

exercise any delegated power in accordance with the scope and limitations of the subject officer’s letter of appointment and/or, position description, qualifications, technical knowledge and legislative requirements.


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Attachment 2

DELEGATION OF AUTHORITY

TITLE: BIOSECURITY ACT

Delegation by the Council to: Date: Chief Executive Officer

Source of Authority: Local Government Act 2009 Section 257 Biosecurity Act 2014

Delegated Power: 1. To exercise powers of the council pursuant to the Biosecurity Act 2014.


Power, in a circumstance listed in subsection (1), to advise an inspector of the presence of the biosecurity matter.

Section 36(2)

Power, in a circumstance listed in subsection (1), to advise an appropriate authorised officer of the presence of the biosecurity matter that is a relevant restricted matter.

Section 42(2)

Power to carry out the main function of a local government under the Act. Section 48

Power to consult with the Minister. Section 50(3)

Power to comply with a notice issued by the Minister pursuant to subsection (4). Section 50(5)

Power to agree with the chief executive that Council cannot achieve substantial compliance with the notice.

Section 51(2)

Power to comply with a request from the Minister for a written report made pursuant to subsection (1).

Section 52(2)

Power to prepare and approve a biosecurity plan for invasive biosecurity matter for Council’s area.

Section 53

Power to keep a copy of the biosecurity plan available for inspection. Section 54

Power to consult with the chief executive about the suitability and priority of the activities.

Section 59

Power to pay the amount required by a notice issued by the Minister pursuant to this section.

Section 60(5)

Power, as a relevant entity, to consult with the chief executive about a proposed making of a code of practice.

Section 105

Power to make written submissions on a proposed guideline. Section 107

Power to apply to an inspector for a biosecurity emergency order permit. Section 121

Power to apply to an inspector for a biosecurity instrument permit. Section 132

Power as a registrable biosecurity entity to apply for registration. Sections 145 and 147

Power as a registrable biosecurity entity to apply for a registration exemption. Section 146

Power to make written submissions in response to a notice from the chief executive.

Section 150(3)(b)

Power, in the circumstances, referred to in subsection (1) to apply for deregistration as a biosecurity entity.

Section 152


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Power to comply with a requirement of the chief executive made under subsection (2) or (3).

Section 156(2)

Power as a registered biosecurity entity, owner or occupier to give the chief executive a restricted place notice.

Section 160(2)

Power to apply to the chief executive for the removal of the entry for a restricted place from the biosecurity register.

Section 164

Power to give the chief executive further information or a document about the application.

Section 165

Power as a biosecurity entity to give the chief executive a change notice. Section 170(2)

Power to apply to the chief executive for a travel approval for the movement of a special designated animal.

Section 181

Power, as a receiver of a special designated animal at a saleyard, to take the action referred to in subsections (a) and (b).

Section 187

Power, as a receiver of a special designated animal at a restricted agricultural show, to take the action referred to in subsection (2).

Section 188

Power, as a receiver of a special designated animal at a place, to take the action referred to in subsection (2).

Section 190

Power, in the circumstances referred to in subsection (1), as a receiver of a special designated animal to advise an inspector of the circumstances in subsection (1).

Section 193(2)

Power, to comply with all reasonable directions the inspector gives. Section 193(3)

Power, as a relevant person, to create a movement record for a designated animal.

Section 194(2)

Power, as a relevant person, to keep and produce a movement record for a designated animal in accordance with the requirements of this section.

Section 197

Power, as person who receives a copy of a movement record, to keep and produce the copy of the movement record for in accordance with the requirements of this section.

Section 198(2) and (7)

Power, in the circumstances referred to in subsection (4) and as a person who accepts delivery of the animal at the end of the movement, to create, keep and produce a record complying with subsection (6).

Section 198(5) and (7)

Power, as a person having responsibility for the organisation and operation of an agricultural show, to keep a record in the appropriate form for the designated animal.

Section 199

Power to apply for a prohibited matter permit or a restricted matter permit and to take all steps required to bring the application to finalisation and obtain a decision on the application.

Sections 214 and 215

Power to apply for the renewal of a prohibited matter permit or a restricted matter permit and to take all steps required to bring the application to finalisation and obtain a decision on the application.


Power to comply with a direction of the chief executive issued pursuant to subsection (2).

Section 229

Power to apply for the transfer of a prohibited matter permit or a restricted matter permit.

Section 230

Power to consult with an interested entity about a proposed biosecurity program. Section 235(3)(d)

Power to consult with the chief executive about a proposed biosecurity program. Section 239(1)

Power to consult with the chief executive and an invasive animal board before authorising a biosecurity program.

Section 239(2)

Power to give make copies of a biosecurity program authorisation available for inspection and purchase at Council’s public office.

Section 241


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Power to apply to the court for an order against the person convicted of an offence against the Act to pay the costs Council has incurred in taking a thing or doing something else during the investigation of the offence.

Section 358

Power, as a relevant body, to stay the original decision, fix conditions on the stay, fix the period of a stay and revoke a stay.

Section 364

Power, as the issuing authority, after receiving an internal review application to conduct an internal review and make a decision.

Section 365

Power, as the issuing authority, to give notice of an internal review decision. Section 366

Power, as the issuing authority, to make a new decision following the receipt of directions from the court.

Section 372(1)

Power, as the issuing authority, to give effect to a decision of the court to substitute the internal review decision with a new decision.

Section 372(2)

Power, as the issuing authority for a biosecurity order, to give notice of the amount of the debt.

Section 380(2)

Power to register a charge over the land for an unpaid amount and to release the charge once the unpaid amount has been paid.

Section 381

Power, as a third party, to appear at the hearing of an application for a cost recovery order.

Section 383

Power to enter into a government and industry agreement with the Minister or the chief executive.

Section 391

Power to enter into a compliance agreement with the chief executive. Section 393

Power to apply to the chief executive to enter into a compliance agreement with the State.

Section 396

Power to give the chief executive further information or a document required to decide the application.

Section 399(1)(b)

Power, as the other party to a compliance agreement, to make written representations to the chief executive following receipt of a show cause notice.

Section 405

Power, as the holder for a relevant authority, to apply to the chief executive to amend the conditions of the authority and to take all steps necessary to obtain a decision on the application.


Power, as the holder for a relevant authority, to make written representations about the show cause notice to the chief executive.

Section 485

Power, as the holder for a relevant authority, to ask the chief executive to cancel the authority.

Section 490

Power, as the holder for a relevant authority, to comply with a notice requiring the return of the document evidencing the authority.

Section 491(3)

Conditions of Delegation:

1. The delegated officer must exercise this delegation in accordance with council; resolutions, policies, guidelines, procedures, industrial instruments and agreements.

2. If the Chief Executive Officer on delegates any of these powers, the delegated officer must exercise any delegated power in accordance with the scope and limitations of the subject officer’s letter of appointment and/or, position description, qualifications, technical knowledge and legislative requirements.

20160607 S&O Agenda - Noosa Shire Council · Joel Harris, Jane Rivers, and Ulrike Sturm. Arts...

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Transcript of 20160607 S&O Agenda - Noosa Shire Council · Joel Harris, Jane Rivers, and Ulrike Sturm. Arts...