AGENDA FOR ORDINARY MEETING TO BE HELD IN COUNCIL CHAMBERS

Contents

AGENDA FOR ORDINARY MEETING TO BE HELD IN COUNCIL CHAMBERS, BUNDABERG

ON WEDNESDAY 12 OCTOBER 2011, COMMENCING AT 10.00 AM

Apologies 2 Invocation 3 Confirmation of Minutes

B1 Ordinary Meeting of Council - 20/09/11

4 Councillors C1 Plant & Fleet 3 5 Finance F1 Establishing Reserves 4 6 Governance G1 Election Cost - 2012 Council Election 7 7 Health & Environmental Services I1 Coastal Risk and Safety Signage Audit Report 11 I2 Amendment of reserve - Sharon Gorge 13 I3 16 Branyan Street, Bundaberg West - Request to establish

regulated parking 18 I4 Trusteeship of Reserve - Lot 18 on Crown Plan BN3724 21

- 1 -

- 2 -

8 Water & Wastewater L1 Amendment to Delegation Register - Authorisation to determine

building of Sewers 26 L2 Thabeban and Gin Gin Wastewater Treatment Plant Upgrades -

Detailed Design and Documentation 28 9 Planning M1 Elliott Heads Foreshore Parklands and Kiosk 30 10 Confidential O1 Illegal Building Works 11 Meeting Close C1 Plant & Fleet Councillors

Agenda for Ordinary Meeting of Council

Item 12 October 2011

Item Number:

C1

File Number:

GV/018

Part:

Councillors

Portfolio:

Councillors

Notice of Motion:

Cr Greg Barnes - Plant & Fleet

Background:

Since amalgamation, Council has strived to identify efficiencies as it merges various sectors and operations of the organisation. Ratepayers hold an expectation that these efficiencies will ultimately be found to fulfil the aims and goals of the amalgamation process.

On a number of occasions, Councillors have discussed the distribution and utilisation of the extensive range of vehicles and items of plant and machinery that have been amassed from the four former Councils.

Now that efficiencies have been identified in the flexible deployment of various work crews across the region, together with the streamlining of depot efficiencies, it is fitting for Council to now establish a committee with a mandate to review the best use of these major items of equipment.

Attachments:

Nil

Recommendation

Motion:

That:-

1. Council resolve to establish a Plant & Fleet Overview Committee; and

2. a report be provided to a future meeting of Council with recommended terms of reference and a suggested structure of the committee.

F1 EstabFinance

lishing Reserves

Meeting held: 12 October 2011



Item Number:

F1

File Number:

FM*

Part:

FINANCE

Portfolio:

Finance

Subject:

Establishing Reserves

Report Author:

Anthony Keleher, Manager Financial Accounting

Authorised by:

Allan Shorter, Director Finance

Link to Corporate Plan:

Governance - 4.4.5 Responsible financial management and efficient operations

Background:

In 2008 Council created an Unspent Funded Depreciation Reserve for restricting cash for capital purposes (future renewals, upgrades and loan redemption). This was to compliment the accounting treatment of Depreciation expected in Local Government at the time and was disclosed in the Capital note to the Annual Financial Statements. The reserve held $26,911,037 at 30 June 2011. The department has since changed its view on Depreciation as a capital funding source, now focusing on Asset Management and Whole of Life Costs. Accordingly Council is not required to disclose Funded Depreciation carried forward in the Capital note for 2011. Council has two options:

1. Close the reserve and transfer the funds back to general revenue. This will free up the cash for Council to utilise as it deems appropriate.

2. Transfer the funds to a new capital reserve. It is recommended that Council creates a new reserve that is aligned with the Asset Management process and promotes sustainability. In determining the amount to transfer to or from this reserve each year, Council should consider the funding requirements for the Renewal and Upgrade Programs over the next 10 years as determined by the Long Term Asset Management Plan. The funding requirements of the renewal and upgrades programs may vary significantly from year to year or over time. Averaging the funding requirements over 10 years enables Council to smooth the peaks and troughs by transferring funds to or from that reserve as required.




Council may establish reserves in accordance with the Local Government (Finance, Plans and Reporting) Regulation 2010. Council’s Revenue Policy must state the amount of each reserve to be kept in the operating fund and the way in which Council intends to ensure funding is available to support the purpose of each reserve. In accordance with section 148 of the Regulation, Council may create a reserve by including the reserve and its purpose in the budget or by a resolution.

Associated Person/Organization:

Department of Local Government & Planning legislation

Consultation:

N/A

Legal Implications:

There appear to be no legal implications.

Policy Implications:

There appear to be no policy implications.

Financial and Resource Implications:

There appear to be no financial or resource implications.

Attachments:

Nil Recommendation

Recommendation: That a “Future Capital Works Reserve” be created, with the purpose and nature as detailed hereunder:- Purpose This reserve represents Council’s general operating cash set aside to provide

funds for future renewal and upgrades of Council infrastructure assets. Funds in this reserve will be identified by Council’s significant business units

(Sewerage, Water and Waste) and General Fund. In determining the amount to transfer to or from this reserve each year, Council

will consider:-

1. the funding requirements for the Renewal and Upgrade Programs in the current budget and the Long Term Financial Forecasts as informed by the Long Term Asset Management Plan over the next 10 years;

2. alternative funding sources including Infrastructure Charges, Grants & Subsidies and Loans where appropriate.


The actual amount transferred to or from this Reserve will be calculated at year

end and depend on the available operating surplus and capital funding sources utilised.

Nature Capital funds will be transferred to the Capital Account when utilised; Cash representing this reserve will be held in Council’s operating bank account

or authorised investment; Interest earned on this reserve will be transferred to this reserve;

Establishment Value: $26,911,037

Establishment Date: 30 June 2011 G1 Election Cost - 2012 Council Election Governance




Item Number:

G1

File Number:

GV/0023

Part:

GOVERNANCE

Portfolio:

Governance

Subject:

Election Cost - 2012 Council Election

Report Author:

Glenn Hart, Director Governance

Authorised by:

Glenn Hart, Director Governance


Governance - 4.4.2 Open and transparent leadership

Background:

The Electoral Commission Queensland (the Commission) has advised Council of the estimated cost of conducting the next quadrennial elections in March 2012. The Commission has received advanced funding from the State Treasury and is expected to return this advanced funding by way of charging Councils on a full cost recovery basis. The responsibility for conducting Local Government elections, by-elections or fresh elections rests with the Electoral Commission Queensland. This authority has been given by way of the Local Government Electoral Act 2011. Further to this, Section 202 also provides for the Commission to recover the costs of conducting the election from the Local Government.

Section 202 - Local governments responsible for expenditure for conducting local government elections: (1) A local government must pay the costs incurred by the electoral commission

for conducting an election in its local government area, including the remuneration, allowances and reasonable expenses paid to members or staff of the electoral commission.

The estimated costs of the quadrennial election cost is $404,943 (GST excluded) and covers all direct costs attributable to conducting the election and include venue hire, polling booth staff, printing of ballot papers, office accommodation for returning officers and travel. As well indirect costs which will be apportioned across all Councils on a per elector basis.




The Commission has further advised that it will establish a Local Government Elections Branch which will be required to plan the quadrennial elections and coordinate by-elections that occur on a regular basis. The Commission estimates that the annual cost, linked to CPI, will be $1.28 million per annual. The estimated establishment and ongoing cost to Council for the 2011-2012 financial year will be $33,260 (GST excluded). Further to this an additional one off set up cost for the establishment of the unit will be $16,630 (GST excluded). Council has budgeted $400,000 (GST excluded) in this year’s budget for the cost of conducting the 2012 elections. Based on the estimated costs advised by the Electoral Commission Queensland the total cost for the 2011-2012 will be $454,833. Actual costs will be advised to Council as soon as possible after the elections in March 2012 with payment being due in June 2012.


Nil

Consultation:

Councillors, Local Government Association of Queensland (LGAQ)

Legal Implications:





Budget amendment to $455,000

Attachments:

1 ECQ - 2012 Bi-election Costs

Recommendation

Recommendation: That the report be received and noted and that the election budget amount be increased to $455,000 be approved.

Attachment 1

ECQ - 2012 Bi-election Costs

Attachment 1 - ECQ - 2012 Bi-election Costs

Attachment 1

I1 Coastal Risk and Safety Signage AHealth & Environmental Services

udit Report

Attachment 1 - ECQ - 2012 Bi-election Costs



Item Number:

I1

File Number:

RC/0011

Part:

HEALTH & ENVIRONMENTAL SERVICES

Portfolio:

Health & Environmental Services

Subject:

Coastal Risk and Safety Signage Audit Report

Report Author:

Geordie Lascelles, Manager Environmental Services

Authorised by:

Greg Savage, Director Health & Environmental Services


Community - 4.1.1 A safe, active and healthy community

Background:

Nationally, there is increasing pressure of risk management and safety issues associated with coastal locations and recreational water bodies. In response to this increased pressure, it has become necessary for coastal management authorities to take preventative actions in an attempt to avoid foreseeable loss of life and injury to members of the public visiting the coastal locations they manage.

Surf Life Saving Queensland was engaged to conduct a Coastal Risk and Safety Signage Audit and has now supplied its report. The document provides recommendations about how to improve risk and safety management in line with the current risk management and Australian signage standards and best practices, and includes:

Access and car park signage requirements;

Individual hazard signs for high risk areas;

Siting locations and production specifications;

Removal of existing signage; and

Existing maintained and informal access tracks (where appropriate).

The report has been provided as version 1 for Council’s initial consideration and feedback. A copy of the report is located in the reference documents on the Intranet.

The former Burnett Shire Council commissioned a similar report approximately 4 years ago for the coastal areas (Moore Park to Elliott Heads) and signage was erected accordingly.




The following beaches and foreshores fall within the scope of this report:

Monduran Dam

Smiths Crossing

Bucca Crossing

Burnett Downs/Sharon Boat Ramp

Sandy Hook

Woodgate

Theodolite Creek

Walkers Point

Buxton


Surf Life Saving Queensland

Consultation:

Consultation was entered into with Surf Life Saving Queensland.

Legal Implications:

Implementation of the recommendations contained in the report may reduce Council’s liability.




There will be financial or resource implications associated with installation and replacement of signage, and addressing issues with access tracks. It is anticipated that the cost of signage would be approximately $25,000 and a budget allocation will need to be made in the 2012/2013 financial year.

Attachments:

Nil Recommendation

Recommendation: That the Coastal Risk and Safety Signage Audit Report from Surf Life Saving Queensland be received; and provision be made in the 2012/2013 Budget for the implementation of the recommendations contained within the report. I2 Amendment of reserve - Sharon Gorge



Item Number:

I2

File Number:

PR/0004

Part:


Portfolio:


Subject:

Amendment of reserve - Sharon Gorge

Report Author:


Authorised by:



Environment - 4.2.1 A natural environment that is valued and sustainable

Background:

A request has been received from the Department of Environment and Resource Management (DERM) requesting Council to advise if it has any objections to an amendment being made to Reserve 1358 (Lot 79) on Crown Plan CK3699 to include Lot 7 on SP243393 (Lot 7).

Lot 7 was created following a reconfiguration of lots in the adjoining property and a development approval was to provide an area of public use land. As there is no access to Lot 7, this has been surrendered to the State and is now Unallocated State Land.

It is recommended that Lot 79 be amended to include Lot 7 to provide access to the landlocked block. The purpose of this lot is designated as Park and Recreation.

DERM has also noted that there are two lots abutting Lot 79:

(a) Lot 1 on RP811346 – purpose of recreation and public gardens;

(b) Lot 53 on Crown Plan CK1776 – purpose of sport and recreation.

Advice is further sought from Council as to whether all three reserves should be amended to reflect a single purpose. This would allow Council to have consistent management and allow the development of a future management plan for this area.

In reviewing the Community Purposes Land Use Schedule in the Land Act it is considered that the most appropriate reserve purpose would be “Park, Recreation and Environmental Purposes”. It is not considered that land would be appropriate for sport due to steep slopes and vegetation coverage and the land is well known and used for environmental purposes and has an existing nature walk and viewing




platforms. It is expected that DERM would require a management plan to be submitted at some stage in the future.

A designation of the Park and Recreation purpose allows continuation of the actively maintained park, toilet facilities, overnight stay camping and barbecue and picnic facilities, as well as playgrounds.


Department of Environment and Resource Management – State Land Asset Management

Consultation:

Consultation has been held with Anne-Maree Munt and Megan Amies from DERM, Adam Johnson – Senior Sustainable Development Engineer and Nick Maclean – Manager Natural Resources.

Legal Implications:





There will be financial and resource implications associated with the future development of a Management Plan and future management of the additional Lot 7. This is natural bushland and maintenance costs are not expected to be significant if it is retained in its current state.

Attachments:

1 Letter of request

Recommendation

Recommendation: That Council:

(a) offer no objection to Reserve 1358 (Lot 79) on Crown Plan CK3699 being altered to include Lot 7 on SP243393, off Ushers Road and Gin Gin Road, Sharon Gorge;

(b) request that the amended Reserve 1358 (Lot 79) on Crown Plan CK3699,

Lot 1 on RP811346 and Lot 53 on Crown Plan CK1776 being designated as Reserve for Park, Recreation and Environmental Purposes.

Attachment 1 Page 17

I3 16 Branyan Street, Bundaberg West - Request to establish regulated parking

Attachment 1 - Letter of request

Agenda for Ordinary Meeting of Council Page 18


Item Number:

I3

File Number:

TT/0013

Part:


Portfolio:


Subject:

16 Branyan Street, Bundaberg West - Request to establish regulated parking

Report Author:

John Duffield, Manager Health & Regulatory Services

Authorised by:



Community - 4.1.2 Equitable access to adequate services and well maintained facilities

Background:

A request was received from Malcolm Nesbitt, the owner of Bros Bakery, to install 10 minute time regulated parking bays in front of his business located at 16 Branyan Street, Bundaberg West. Mr Nesbitt is concerned about the impact the new medical centre will have on the existing on-street parking.


Mr M Nesbitt, Bros Bakery

Consultation:

An onsite meeting was held with Mr Nesbitt. There are 4 existing All Day angle parking bays which could be altered to short term parking and Mr Nesbitt was happy for them to be altered to 30 minute Regulated Parking Bays. Consultation was also held with Mr Lyall Shearsmith, owner of the Branyan Street Convenience Store who was also in favour of the proposed change.

Legal Implications:





There would be minor financial and resource implications associated with line marking and signage.




Attachments:

1 Photograph

Recommendation

Recommendation: That the 4 All Day angle parking bays in front of 16 Branyan Street, West Bundaberg be altered to 30 minute Regulated Parking bays, with such parking to be regulated between the hours of 8.45 am and 5.00 pm Monday to Friday, and 8.45 am to 11.30 am Saturday.


Photograph

I4 Trusteeship of Reserve - Lot 18 on Crown Plan BN3724

Attachment 1 - Photograph



Item Number:

I4

File Number:

PR/0004

Part:


Portfolio:


Subject:

Trusteeship of Reserve - Lot 18 on Crown Plan BN3724

Report Author:


Authorised by:



Environment - 4.2.1 A natural environment that is valued and sustainable

Background:

The Department of Environment and Resource Management (DERM) has advised that Reserve R10 (Lot 18 on Crown Plan BN3724) as indicated on the attached map has no trustees appointed.

It is noted that there is a Term Lease TL 0/220679 (Lot A on Crown Plan BON1479) for grazing purposes over the reserve. This lease commenced on 20 March 2003 for a period of 20 years, expiring on 19 March 2024.

DERM is requesting that Council consider accepting trusteeship of this reserve.


Department of Environment and Resource Management – State Land Asset Management

Consultation:

Consultation has been held with Anne-Maree Munt and Megan Amies from DERM.

There does not appear to be any community benefit for Council in accepting trusteeship of this reserve due to the grazing Term Lease. The location of the block is isolated and not in an area where it is likely to be utilised by the community. Further, there do not appear to be any assets or attributes that would be of community benefit.

Legal Implications:








There may be financial and resource implications for Council by way of maintenance if Council were to accept trusteeship of the reserve and dependent on the conditions of the grazing Term Lease.

Attachments:

1 Letter and map from DERM

Recommendation

Recommendation: That the Department of Environment and Resource Management be advised Council does not wish to accept trusteeship of Reserve R10 (Lot 18 on Crown Plan BN3724) situated at Old Mt Perry Road and Plumtree Creek Road, Wonbah.


Attachment 1 - Letter and map from DERM


L1 Amendment to DeWater & Wastewater

legation Register - Authorisation to determine building of Sewers

Attachment 1 - Letter and map from DERM



Item Number:

L1

File Number:

SD/0107

Part:

WATER & WASTEWATER

Portfolio:

Infrastructure Services

Subject:

Amendment to Delegation Register - Authorisation to determine building of Sewers

Report Author:

Tom McLaughlin, Group Manager Water and Wastewater

Authorised by:

Andrew Fulton, Director Infrastructure & Planning Services


Environment - 4.2.2 A quality, aesthetically pleasing built environment that meets basic community needs

Background:

On 9 August and 30 August 2011 Council adopted a Building over Sewers Policy authorising a Council Officer to restrict building activity over sewer infrastructure and should construction be required within close proximity to sewer infrastructure, authorising a Council Officer to assess what construction is allowable.

This authorisation is given to the Chief Executive Officer (as the service provider) pursuant to Section 192(2) of the Water Supply (Safety & Reliability) Act 2008.

It is the view of the Water & Wastewater Group that the most suitable Council Officer to assess building activity affecting sewer infrastructure is the Group Manager Water & Wastewater.


Nil

Consultation:

Nil

Legal Implications:

There appears to be no legal implications.


There appears to be no policy implications.


There appears to be no financial or resource implications.




Attachments:

Nil Recommendation

Recommendation: That the Delegation Register be amended to include the following new delegation:

Chief Executive Officer

Power, as a service provider, to give or refuse written consent for a person to:

(a) build over;

(b) interfere with access to;

(c) increase or reduce the cover over; or

(d) change the surface of land in a way causing ponding of water over an access chamber for;

Council’s infrastructure.

Section 192(2) Water Supply (Safety and Reliability) Act 2008

L2 Thabeban and Gin Gin Wastewater Treatment Plant Upgrades - Detailed Design and Documentation

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterSupSRA08.pdf







Item Number:

L2

File Number:

SD/0119

Part:

WATER & WASTEWATER

Portfolio:

Infrastructure Services

Subject:

Thabeban and Gin Gin Wastewater Treatment Plant Upgrades - Detailed Design and Documentation

Report Author:

David Gill, Project Manager - Water & Wastewater Projects

Authorised by:

Tom McLaughlin, Group Manager Water and Wastewater


Environment - 4.2.3 The provision of quality infrastructure that meets the region’s current and future needs

Background:

Council, at its Ordinary Meeting dated 30 August 2011, adopted the Procurement Plan and Program for delivering the proposed upgrades to Gin Gin and Thabeban Wastewater Treatment Plants as submitted by Water Strategies Pty Ltd. Part of this plan requires the appointment of a Design Consultant. Tenders were invited for the Detailed Design and Documentation of the Thabeban and Gin Gin Wastewater Treatment Plant Upgrades. The tender closed on 20 September 2011 at 2.00 pm.

The following tenders were received:

Tenderer Amount (Including GST) Hunter Water Australia Pty Ltd $1,409,000 Worley Parsons Services Pty Ltd $1,590,033 GHD Pty Ltd $2,187,680 Tenix Australia Pty Ltd $3,049,792

The tender selection process involves a selection panel of three Council Officers and a Consultant. The selection process will be as follows:

Individual panel members score written submissions based on selection criteria;

The selection panel meet on 23 September 2011 to short list tenderers based on the scoring;

Interviews will be held with the short listed tenderers on 28 September 2011;




Tender selection report will be prepared following the interviews.


Water Strategies Pty Ltd

Consultation:

Water Strategies Pty Ltd

Legal Implications:

There appears to be no legal implications.


There appears to be no policy implications.


Funds are available in the 2011/12 Budget under the Capital Works Program.

Attachments:

1 Thabeban and Gin Gin Assessment Report - Confidential

Recommendation

Recommendation: That the tender of Hunter Water Australia, dated 16 September 2011, for the sum of $1,409,000 (including GST) to prepare detailed design and documentation in accordance with Contract SD/0119 for the Upgrades to Thabeban and Gin Gin Wastewater Treatment Plants – be accepted. M1 Elliott Heads Foreshore Parklands and Kiosk Planning



Item Number:

M1

File Number:

-

Part:

PLANNING

Portfolio:

Planning & Development Services

Subject:

Elliott Heads Foreshore Parklands and Kiosk

Report Author:

Matthew Dagan, Project Manager - Strategic Projects

Authorised by:

Matthew Dagan, Project Manager - Strategic Projects


Environment - 4.2.2 A quality, aesthetically pleasing built environment that meets basic community needs

Background:

Situated on reserve R803 at Elliott Heads is the Elliott Heads Kiosk. This building is over 60 years old and is Council owned but operated under a management contract. The state of the building is quite poor with an independent engineering and building inspection of the structure recommending that a new purpose built kiosk is the preferred solution to on-going repairs and maintenance. This recommendation triggers the need to examine where best to place a replacement kiosk relative modern day legislative requirements. The replacement location also warrants further investigation to other layout changes to the reserve land that may improve functionality, accessibility and safety for both vehicles and pedestrians as well as connectivity to other locations. As such a Masterplan that highlights the ultimate layout is required before a replacement kiosk can be constructed. A replacement kiosk is a substantial investment for Council to undertake however it is considered an important activity due to the following points:

Historically the site has provided the services offered by a kiosk for what is believed to be over 80 years;

As a destination parkland for the region, other comparable locations have kiosk services and products available for both residents and tourists;

A kiosk greatly complements the activities of the reserve and its intended purpose of park and recreation at a coastal and river location;

It is currently one of only two ‘shops’ for the residents of the Elliott Heads township; and

Maintaining a kiosk service is necessary to ensure the nearby Elliott Heads Holiday Park maintains its star rating (Council owned facility).



Reserve 803 is situated in a highly visual location when entering the township of Elliott Heads. As a ‘destination’ parkland, the reserve is utilised by local residents and visitors alike, acting as the focal point for persons:

utilising the open parkland space and amenities; enjoying the natural beauty and views offered; accessing the bathing reserve and patrolled beach; accessing the Elliott Heads River; accessing the Elliott Heads Holiday Park; accessing the Elliott Heads Surf Life Saving clubhouse; utilising the Elliott Heads community hall; and obtaining services and products from the kiosk.

A draft Masterplan and draft Land Management Plan have been developed through consultation with a variety of internal and external stakeholders. These draft documents have been created to identify the preferred layout of Reserve 803 based on stakeholder input and statutory requirements to achieve improvements in functionality, accessibility, connectivity and safety. Key items that have been identified for the draft Masterplan to address include:

- location of replacement kiosk that functions and meets statutory requirements; - formalised car parking; - encouraging greater use of patrolled bathing reserve to reduce safety risks of

river mouth swimming; - replacement of aged amenities with modern day environmentally friendly

systems; - expanding pathways for connectivity; - addressing pedestrian and vehicle safety interactions; - maximising the ability of users to enjoy the natural amenity; - providing additional recreational facilities; - maintaining open space for ‘kick about’ recreational activities; - ensuring access to river mouth is maintained; - managing site drainage improvements; and - ensuring natural environment is maintained and not adversely impacted.

Although situated on adjoining land parcels, the draft Masterplan and Land Management Plan also seek to ensure the established interactions with neighbouring uses (including the Holiday Park, Community Hall and Bathing Reserve) are maintained and strengthened through an improved layout with supporting infrastructure. The draft Land Management Plan and Masterplan facilitate an enhancement of current uses (deliverable of a period of time) and proposes no significant alternate uses from current activities. To progress this project wider community consultation is required through the release of draft documents for comment. Details from public consultation will be used to refine the draft Masterplan and draft Land Management Plan before submitting to the Department of Environment and Resource Management for approval. Construction of Masterplan elements will then be dependant on Council’s financial priorities and partnership funding availability.



Progressing the project to ‘investment’ or ‘shovel’ ready status will improve opportunities of obtaining partnership funding in the future. The draft Masterplan has been developed to allow for staged implementation as funding becomes available.


Divisional Councillor, portfolio Councillor, Manager of Venues and Facilities, Manager Environmental Services, Manger Natural Resource Management, Tourism Coordinator, Senior Planner, Project Manager Strategic Projects, Project Manager Building Projects and Department of Environment and Resource Management.

Consultation:

In addition to the internal consultation with Councillors and officers, external stakeholder input has also been sourced from: Representatives of the Elliott Heads and District Ratepayers and Residents

Association; Operators of the existing kiosk; Operators of the Elliott Heads Holiday Park; Representatives of the Elliott Heads Surf Live Saving Club; Operators of the Elliott Heads General Store; Developers of proposed residential estates; and Department of Environment and Resource Management.

Wider community consultation is now proposed with the release of the draft documents for review and comment.

Legal Implications:



The project links with the Bundaberg Regional Council Community Plan 2031 by contributing to the identified goals of: A safe, active and healthy community; Equitable access to adequate services and well maintained facilities; A natural environment that is valued and sustainable; A quality, aesthetically pleasing built environment that meets basic

community needs; The provision of infrastructure fit for purpose that meets the region’s current

and future needs; and A common sense approach to planning, coordination and consultation.


Funding for the Masterplan development and design of a replacement kiosk building is included within the 2010-11 and 2011-12 budgets. No funding has yet been committed to construction activities by Council or possible funding partners. Costing estimates for constructing the Masterplan, including the replacement kiosk, will be developed once the Masterplan has been finalised post community consultation. Cost efficient and economical solutions have been an integral part in developing the draft plans to date.




Attachments:

1 Draft Masterplan 2 Updated draft LMP - Elliott Heads Foreshore Parklands3 Appendix A - Locality Plan 4 Appendix B - Site Map 5 Appendix C - Assets Footprint 6 Draft Kiosk Floor Plan landscape 7 Draft Kiosk Elevation Plan landscape

Recommendation

Recommendation: That a community consultation program be developed and implemented for comment on the draft Masterplan and draft Land Management Plan for the Elliott Heads Foreshore Parklands and Kiosk. Further, that Council use feedback from community consultation to refine the draft documents before seeking statutory approvals.


Draft Masterplan

Attachment 1 - Draft Masterplan


Updated draft LMP - Elliott Heads Foreshore Parklands

Trust Land Management Plan Land Management Plan applies to: A specific parcel of trust land detailed in 3 below; or

A class of trust land, being (Insert relevant class eg: school reserves); or

Trust land within a specific locality or regional area, being the Bundaberg Region.

Land Management Plan Duration: For 30 years from the date of approval or until superseded

1. COMPLIANCE WITH LEGISLATION, PLANNING SCHEMES, etc

Bundaberg Regional Council is the trustee of the reserve land parcel (Reserve R.803) operated under this Land Management Plan. The current reserve purpose is for ‘Park and Recreation’ with existing and proposed uses consistent with these purposes. This draft Land Management Plan seeks to contribute towards the site’s progressive development in conjunction with the attached draft Masterplan. Any necessary permission under the Sustainability Planning Act 2009 will be obtained if required. The land use is zoned ‘community zone’ within the Burnett Shire Town Plan. Environmental considerations consistent with coastal development and proximity to marine parks have been included in the development of these documents. Once approved, this Land Management Plan supersedes and replaces any former plans that existed for the reserve.

2. TRUSTEE DETAILS

Trustee’s Name/s Trustee’s Address/s Bundaberg Regional Council 190 Bourbong Street PO Box 3130 Bundaberg Regional Council QLD 4670

3. EXISTING TENURE OF THE SUBJECT LAND (Only complete this section when the ‘Land Management Plan’ is for a specific parcel of trust land. Otherwise a schedule of land comprising the plan should be attached). Lot 251 on CK2903, reserve R803. Referred to as the “Elliott Heads Foreshore Parklands”.

Attachment 2 - Updated draft LMP - Elliott Heads Foreshore Parklands


4. EXISTING DESCRIPTION OF THE SUBJECT LAND

History of the Subject Land

The land contained within this reserve was originally part of the much larger Springfield Town Reserve [R223], gazetted in 1873. R803 was created by Order in Council date 3 November 1932 under the trusteeship of Woongarra Shire Council, and the notification was published in the Government Gazette on 5 November 1932, page 1491. Since that time the reserve has been amended as follows:

By Order in Council dated 18/8/1966 – area reduced from about 30 acres to about 28 acres. 1 rood and 20 perches [plan CK1907]

By Order in Council dated 16/7/1970 – area increased to about 28 acres. [about 11.63 ha] [plan CK2218].

By Order in Council dated 12/5/1977 – area reduced to about 8.48 ha [plan CK2861]

By Order in Council dated 16/3/1978 – area reduced to about 6.15 ha [plan CK2903]

By Replacement of Trustees Notice [No.11] 1998 dated 24/4/1998 – Council of the Shire of Burnett, as legal successor to the title of Woongarra Shire, appointed trustee.

2008 Queensland Local Government Amalgamations, legal successor Bundaberg Regional Council of Burnett Shire Council.

The reserve has been and continues to be a well utilised community resource. In addition to acting as open space and providing river/beach access, the site has had a ‘kiosk’ dating back to 1929. The current kiosk is believed to be an old dance hall that was constructed over 60 years ago from huts at the RAAF Bundaberg Airport. The reserve historically hosts a surf life saving club that provides an invaluable community service with patrols of the adjoining bathing reserve (LG140 Elliott Heads Bathing Reserve).

Local Area Description Reserve R803 is bounded by the Elliott River, the Pacific Ocean, Lihs Street and adjoining reserves which include R947 (Reserve for Public Hall purposes), R1067 (Reserve for Local Government [Caravan Park] Purposes) and LG140 Elliott Heads Bathing Reserve. There are historical interactions and functionalities between R803 and these adjoining uses that continue to this day. Upon entering the township of Elliott Heads and travelling towards the ocean and river mouth this reserve is truly a gateway site. It is highly visual to all residents and visitors. The site is ‘community zone’ under the Burnett Shire Town Plan. In close proximity is the Elliott Heads Holiday Park and residential housing. The site has power, communications and water supplies. Sewerage is via individual septic systems (no connection to a reticulated network).

Existing ‘Uses’ (Primary and Secondary):

The majority of the allotment is open park land used for passive recreation with grassed areas, planted trees, shelters, picnic tables and chairs, vehicle parking, pedestrian paths, amenities and playgrounds. A kiosk building functions from the site under a management contract with the trustee. A



secondary use operates under a trustee lease that has historically existed with the Elliott Heads Surf Life Saving Club. While this draft Land Management Plan applies to reserve R803, the draft Masterplan acknowledges the interaction it has with adjoining uses. This includes the Elliott Heads Holiday Park, bathing reserve, Elliott River, Elliott Heads Community Hall and disused boat ramp.

Existing Interests: Trustee Leases for portions of land parcel: Elliott Heads Surf Life Saving Club (at time of preparing this draft Land

Management Plan a new lease to replace the expiring lease was being negotiated).

Exclusivity & Restrictions of Existing Interests:

The land parcel has no total exclusion fencing, however some log rails are in place for vehicle and pedestrian safety. Buildings and structures are secured when not in use but generally facilities are open to the entire community.

Existing Infrastructure: A variety of infrastructure and facilities exist that are either operated by the Trustee or through a management contract or with the trustee lessee secondary user. A building / structure footprint map is provided in attachment ‘C’. The infrastructure includes: 2 equipped playgrounds 2 public amenities 5 picnic shelters 4 BBQs 1 clubhouse buildings 1 kiosk building Sealed roadways Sealed pathways Power, communications and water Limited fencing and gates Driveway access

Detailed Site Description:

The site is situated in a highly visual location when entering the township of Elliott Heads. As a ‘destination’ parkland, the reserve is utilised by local residents and visitors alike. It acts as the focal point for persons:

o accessing the bathing reserve and patrolled beach; o accessing the Elliott River; o accessing the Elliott Heads Holiday Park; o accessing the Elliott Heads Surf Life Saving clubhouse; o utilising the open parkland space and picnic amenities; o enjoying the natural beauty and views offered; and o obtaining services and products from the kiosk.

Overall the site is in generally good condition with daily and weekly usage

by the general public and secondary users. Specific assets and infrastructure are in various conditions, ranging from brand new to aged in need replacement. The draft Land Management Plan and Masterplan have been created to facilitate some of the core infrastructure replacements, primarily the kiosk building.



The allotment is an undulating low level open “L” shaped area in the

south east of Elliott Heads. One leg is bounded between the Elliott Heads Holiday Park and the Pacific Ocean while the other leg is located between Liths Street and the Elliott River. The reserve provides the catchment area outlet for stormwater runoff from the higher residential areas to the south, west and northern boundaries. It features an un-named watercourse draining to the ocean.

The majority of the land has historically been cleared with formalised

replanting of selected vegetation for shade and visual barriers. This excludes the dune areas which maintain their natural vegetative coverage. Various statutory legislation exists to protect the environmental aspect of the site itself and adjoining interactions. Specifically Queensland Costal Plans, Vegetation Management, Marine Parks and protected flora and fauna. These aspects have all been considered in the development of the draft Masterplan for this reserve. Based on the Queensland Wader Study Group (QWSG) information on migratory shorebird species nesting and roosting sites, including buffers, the nearest mapped location is 300metres away from the reserve.

DERM’s Regional Ecosystem and Vegetation mapping database shows

the reserve as ‘Non-remnant’. The site is listed as ‘Areas of High Ecological Significance’ and adjoins both a ‘Conservation Park Marine Park Zone’ and a ‘Fish Habitat Area’ under DERM’s Areas of Ecological Significance mapping. Some sections of the land parcel are impacted by both the current and the proposed Coastal Management mapping relating to erosion prone areas. However infrastructure in these sections of erosion risk are believed to be coastal-dependent development that is relocatable in nature and provide community service safety and recreation capacities that can not be located elsewhere. Outcomes on searches for the reserve’s listing on either the Cultural Heritage Register or the Contaminated Lands Register are pending. The results will be updated into the draft Land Management Plan before seeking formal approvals.

Native Title Status: The site in question is situated within the Native Title Claim area of the Port

Curtis Coral Coast People (PCCCP). This Native Title Claim is not unique to just the site of this Land Management Plan with the PCCCP Native Title Claim covering over 95% of the Bundaberg Regional Council Local Government Area. Bundaberg Regional Council is only the trustee of the land covered by this Land Management Plan. Ownership of the reserve rests with the State Government, who is represented by the Department of Environment and Resource Management. The Commonwealth Native Title Act 1993 provides for the protection of native title rights and interests. Where native title still exists, dealings can only validly proceed in accordance with the regime established under the Commonwealth Native Title Act 1993. Normal maintenance of existing valid improvements on a reserve can proceed because such activities would have no greater affect on native title. In accordance with Departmental procedures, only those activities that are



necessary, consistent and incidental with the gazetted purpose of this reserve, namely Park and Recreation, shall be permitted. A valid reserve can be developed provided that:

- the development of the reserve is done in good faith under or in accordance with the reservation: and

- any new development of the reserve will require notification to the potential native titleholders.

The key components of the Masterplan are:

- replacement of existing Kiosk building in poor state - replacement of aged toilet facilities - sealing of existing car park areas - pathway connectivity - recreational facility enhancement (play equipment) - formalising viewing areas

If it is determined that these activities constitute ‘future acts’, Council will adhere to the requirements under the Native Title Act for notifications.

5. PROPOSED USE/S OF THE SUBJECT LAND

Proposed ‘Use/s’ of the subject land:

The reserve purpose of ‘Park and Recreation’ is to be maintained by this draft Land Management Plan. The draft Masterplan seeks to support park and recreational activities by:

- the replacement of an aged kiosk building - continuation of pathways - formalised parking areas to improve safety - layout encouragement to use patrolled beach areas and gazetted

bathing reserve instead of less safe river mouth - improved amenities - enhanced visual aspects of the natural environment - improved recreational facilities

Although situated on adjoining land parcels, the draft Masterplan seeks to ensure the established interactions with neighbouring uses (including the Holiday Park, Community Hall and bathing reserve) are maintained and strengthened through an improved layout with supporting infrastructure. The draft Land Management Plan and Masterplan facilitate an enhancement of current uses (delivered over a period of time) and proposes no additional or significant alternate uses from current activities.

Secondary Use Land Management Plans Only

Q: Is the proposed or existing secondary use consistent with the primary use of the trust land? (Tick which is appropriate)

Yes

No



Constraints and Opportunities Of the proposed use/s: (existing & future)

Adjoining land interactions need to be maintained to ensure the overall community resources are accessible and utilised. The Community Hall, Holiday Park, bathing reserve and Elliott River Mouth are all integral links to this reserve. Managing and enhancing the interactions through a well designed layout is an essential part of this draft Land Management Plan. The river mouth issues regarding sand build up and ocean access represents both a constraint and an opportunity to the activities able to be accommodated on this reserve. Depending on what action is taken on this issue in the short, medium or long term may require revisions to both the draft Land Management Plan and draft Masterplan at a future date. The variety of uses on this site necessitates a good mixture of infrastructure. Local residents, regional residents, domestic and international tourists all access the reserve for a variety of purposes. Potential expansion of the residential and commercial land of the Elliott Heads Township will only further warrant the on-going investment into the park and recreational uses of this site.

Development intended: The existing Elliott Heads Kiosk building is over 60 years old and is in poor

condition. The building is Council owned but operated under a management contract with the trustee. An independent engineering and building inspection of the existing kiosk structure recommends that a new purpose built kiosk is the preferred solution to on-going repairs and maintenance. This recommendation triggers the need to examine where best to place a replacement kiosk relative modern day legislative requirements. The replacement location also triggers the need to consider any other layout changes that may improve functionality, accessibility and safety for both vehicles and pedestrians as well as connectivity to other locations. As such a Masterplan that highlights the ultimate layout is required before a replacement kiosk can be constructed. A replacement kiosk is a substantial investment for Council to undertake however it is considered an important activity for the following reasons:

- historically the site has provided the services offered by a kiosk for over 80 years.

- as a destination parkland for the region, other comparable locations have kiosk services and products available for both residents and tourists

- a kiosk greatly complements the activities of the reserve and its intended purpose of park and recreation.

- it is currently one of only two ‘shops’ for the residents of the Elliott Heads township

The object of this draft Land Management Plan and draft Masterplan for the Elliott Heads Foreshore parklands is to identify the preferred layout based on stakeholder input and statutory requirements to achieve improvements in functionality, accessibility, connectivity and safety. By creating a Masterplan it will allow for a replacement kiosk to be constructed with confidence that the location will meet the needs of residents and visitors. A staged implementation of auxiliary works to achieve the ultimate Masterplan layout will also be possible through budgeting and funding applications.




Creating the Masterplan has been done through extensive consultation with a variety of stakeholders including:

- A variety of Council departments, units and officers with historical and current operational knowledge of the site and its uses.

- Representatives of the Elliott Heads and District Ratepayers and Residents Association

- Operators of the existing kiosk - Operators of the Elliott Heads Holiday Park - Representatives of the Elliott Heads Surf Live Saving Club - Operators of the Elliott Heads General Store - Developers of proposed Elliott Heads residential estates - Department of Environment and Resource Management

Key items that have been identified for the draft Masterplan to address include:

- Location of replacement kiosk that functions and meets the statutory requirements

- Formalised car parking - Encourage greater use of patrolled bathing reserve to reduce safety

risks of river mouth swimming - Replacement of aged amenities with modern day environmentally

friendly systems - Expand pathways for connectivity - Address pedestrian and vehicle safety interactions - Maximise the ability of users to enjoy the natural amenity - Provide additional recreational facilities - Maintain open space for ‘kick about’ recreational activities. - Ensure access to river mouth is maintained - Manage site drainage improvements - Ensure natural environment is maintained and not adversely

impacted

Exclusivity & Restrictions of proposed use and associated development:

Existing trustee leases will continue and there are no proposed additional leases however these may be considered through out the life of the draft Land Management Plan through detailed investigations, providing they are consistent with the intended purpose of the reserve. Under current arrangements the secondary user has a legal tenure over a portion of the land to carry out their specified activities. The user group is a not-for-profit community club providing recreation / sporting opportunities to the community. Membership and usage of the club’s facilities is at their discretion however the services they provide are complementary to the reserve purpose and integral to the operation of the adjoining bathing reserve. The land occupied under the existing trustee lease is quite small relative to the overall reserve land parcel. The balance of the site is open to the general public with existing and intended facilities available to all uses on a continual basis. The proposed replacement kiosk will be operated by a management contract for the trustee to provide services and products to the general public during operating hours. However behind the counter and after hours access will be restricted to authorised persons only.

Commerciality: The existing lease generates non-commercial revenue to Council with low



peppercorn charges. Within the trustee lease between Council and the secondary use there are suitable clauses that restrict the commerciality of operations. Any surplus revenue from kiosk operations will be returned to the site through on-going maintenance, replacement and enhancement of facilities and infrastructure.

6. COMMUNITY CONSULTATION

MM

Fucomment via; public displainformation flyer; public information sessconsultation will be used to refine the draft su

eetings have been held with a variety of community stakeholders in developing this Draft Land anagement Plan and Masterplan including:

- A variety of Council departments, units and officers with historical and current operational knowledge of the site and its uses

- Representatives of the Elliott Heads and District Ratepayers and Residents Association - Operators of the existing kiosk - Operators of the Elliott Heads Holiday Park - Representatives of the Elliott Heads Surf Live Saving Club - Operators of the Elliott Heads General Store - Developers of proposed residential estates - Department of Environment and Resource Management

rther wider community consultation is scheduled through the release of draft documents for ys and stalls; advertisement / public notification; web-site; media release;

ion and feedback mechanisms. Details from public Masterplan and draft Land Management Plan before

bmitting to the Department of Environment and Resource Management for approval.



7. GOALS OF THE LAND MANAGEMENT PLAN

Goal Statement Issue/s Goal is to solve or manage

Relevant Actions Key Performance

Indicators

Completed By (Date)

Who is responsible for

the action Maintain the site and its facilities in good condition to ensure reserve is considered a valuable community resource that is utilised frequently

Prevent site falling into a state of despair, attracting anti-social behaviour and vandalism. As ‘gateway’ site ensure visually creates a positive impression. As ‘destination’ park ensure it provides facilities and services pursuant to its classification.

Carry out regular and routine maintenance activities while also scheduling for asset replacements and enhancements. Staged implement of the Masterplan development.

Site is used frequently by user groups and wider community. Legitimate complaints about appearance are minimal.

Monitor annually

Bundaberg Regional Council, Manager Environmental Services, Manager Venue and Facilities.

Achieve a functioning layout that can be delivered over a period of time in incremental stages.

Address safety concerns between vehicles and pedestrians. Encourage greater use of patrolled bathing reserve. Ensure compliance with appropriate legislation and natural environment is not adversely effected.

Create a Masterplan that can be delivered in incremental stages and is based on community consultation, statutory requirements and safety improvements

User groups and general community believe safety improvements are achieved. Statutory approvals granted

Masterplan design completed 2011-12

Bundaberg Regional Council, Project Manager Strategic Projects

Minimise the impacts on non-reserve users such as nearby residential

Avoid noise, visual, traffic, waste and other potential off-site impacts.

Enforce trustee lease and Management Contract conditions. Ensure maintenance programs are linked to events and periods of heavy usage.

Legitimate complaints are minimal.

Monitor annually

Bundaberg Regional Council, Manager Environmental Services, Manager Venue and Facilities.


8. BUDGET STATEMENT

Actions (detailed in 7 above) Budget Allocated ($) Relevant Financial Year Carry out regular and routine maintenance activities while also scheduling for asset replacements and enhancements.

Part of Council wide parks, venues and facilities operational and maintenance budgets determine annually through Council budgetary process.

Annual

Staged implement of the Masterplan.

To be developed once Masterplan finalised and designs are created. Initially the replacement Kiosk is the priority investment.

Delivered over a number of years with partnership funding sought.

9. MONITORING AND REVISION

Intended Monitoring and Revision Timetable:

Inspection of the trust land will be carried out: - as part of annual asset inspections - after any major events or periods of heavy usage - when legitimate complainants are received about specific issues.

The staged implement of the Masterplan development will be considered annually as part of Council’s Capital Works Program until it has been fully implemented.

The Land Management Plan will be reviewed ever 5 years for possible amendments.

Techniques to be used to assess the quality of management and condition of the Trust land:

Assessment of any legitimate complaints will be used to determine any short-term maintenance or minor capital works

Implementation of Council’s "Assetic" Asset Management System which documents asset lives, deterioration models, service levels and condition assessment criteria. Assetic's MyPredictor module will be used to determine the required level of renewal expenditure for all infrastructure asset classes.

Timetable and methods to be used to obtain community feedback on the Trust land management:

As part of 5 year Land Management Plan review, input will be sought via communication to the stakeholders and wider community that comments, issues and suggestions on the management and use of the trust land are being sought via a formal feedback process.



10. SUMMARY AND RECOMMENDATIONS

This draft Land Management Plan applies to reserve R803, referred to as the Elliott Heads Foreshore Parklands. Its purpose is to facilitate the staged implementation of a draft Masterplan that will replace the existing kiosk building and facilitate staged improvements in the overall layout to address functionality and safety for users, both pedestrians and vehicles. Existing uses will continue to function with established infrastructure enhanced, improved and formalised. Significant consultation with stakeholder groups has been undertaken in developing the draft Masterplan and draft Land Management Plan with wider community engagement scheduled to occur via the release of these documents for comment. Based on community feedback and investigations the documents will be refined and Council will seek formal adoption of the Land Management Plan and Masterplan by the Department of Environment and Resource Management. The staged delivery of the Masterplan will then commence with suitable planning and statutory approvals, detailed design and construction programs. It is expected that implementing the full Masterplan will take numerous years and will be dependant on obtaining partnership funding for construction costs.

11. APPENDICES

Number the following Appendices as applicable:

A Locality Map; Site Map; B Building and Structure Map; and C Proposed Masterplan for development. D



Appendix A - Locality Plan

Attachment 3 - Appendix A - Locality Plan


Attachment 4 - Appendix B - Site Map


Attachment 5 - Appendix C - Assets Footprint


Attachment 6 - Draft Kiosk Floor Plan landscape


Attachment 7 - Draft Kiosk Elevation Plan landscape

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LATE AGENDA FOR ORDINARY MEETING TO BE HELD IN COUNCIL CHAMBERS, BUNDABERG

ON WEDNESDAY 12 OCTOBER 2011, COMMENCING AT 10.00 AM

Page Councillors C2 Public Transport between Gin Gin and Bundaberg 56




Item Number:

C2

File Number:

GV/018

Part:

Councillors

Portfolio:

Councillors

Notice of Motion:

Cr Wayne Honor - Public Transport between Gin Gin and Bundaberg

Background:

The community has expressed their concern about the cessation of Gin Gin Mini Coaches’ daily Gin Gin to Bundaberg bus service. I have received a letter to request whether a bus service could be provided as quite a few residents are unable to access government agencies in Bundaberg as they don’t have transport. Also, another great concern to the residents in the Gin Gin area is that the hospital hasn’t yet filled the position of a dental surgeon.

Consultation:

Nil

Legal Implications:





Unknown at this time

Attachments:

Nil

Motion:

That:-

1. Council officers investigate and report back to Council on any possible opportunities for a regular passenger service between Gin Gin and Bundaberg to replace the service that has ceased; and

2. Council write to Queensland Health informing them of the increased urgency for a dental service at the Gin Gin Hospital in light of public transport to Bundaberg not being available.

AGENDA FOR ORDINARY MEETING TO BE HELD IN COUNCIL CHAMBERS

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