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17 Agenda – Sports, Arts, Culture & Community Services Committee 10/2/2010 - #2449720 SPORTS, ARTS, CULTURE & COMMUNITY SERVICES COMMITTEE 10 FEBRUARY 2010 3 IMPLEMENTATION OF COASTAL RISK AND BEACH SAFETY SIGNAGE AUDIT Tim Dendle TJD: 19/15/9-02: #2403142 RECOMMENDATION: That Council: 1. Notes the safety and risk management measures comprising improved signage, vinegar stations, first aid instructions and education that have been implemented within the region in accordance with the Coastal Risk and Safety Signage Audit; 2. Acknowledges amendments to audit recommendations concerning access closures that have arisen from consideration of community engagement responses presented in the body of this report; 3. Approves revised access closures in compliance with Australian Standards and best practice for foreshore risk management and public safety; and 4. Delegates authority to the Mayor and Chief Executive Officer pursuant to section 472 of the Local Government Act 1993 to finalise any and all matters in relation to the implementation of the audit recommendations. INTRODUCTION: Cairns Regional Council is responsible for the management of the majority of the regions foreshores and waterways. The unique and complex nature of these locations present a number of risk management and safety considerations for the community. It is therefore the responsibility of Council, to implement control measures in an attempt to avoid foreseeable loss of life and/or injury to the public. The importance of this obligation was recently highlighted in an incident which occurred outside our local government area during marine stinger season. On this occasion, a lack of information and awareness resulted in confusion over whether a beach was “open” or “closed” for public swimming which may have contributed to the death of a young child (Attachment 1). In light of these considerations, the aim of this report is to inform Council of: - Its responsibilities relating to Coastal Risk Management and Safety; - The recommendations presented in the ‘Coastal Risk and Beach Safety Signage Audit (‘the audit); and

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SPORTS, ARTS, CULTURE & COMMUNITY SERVICES COMMITTEE

10 FEBRUARY 2010

3 IMPLEMENTATION OF COASTAL RISK AND BEACH SAFETY SIGNAGE AUDIT Tim Dendle TJD: 19/15/9-02: #2403142

RECOMMENDATION: That Council:

1. Notes the safety and risk management measures comprising improved signage, vinegar stations, first aid instructions and education that have been implemented within the region in accordance with the Coastal Risk and Safety Signage Audit;

2. Acknowledges amendments to audit recommendations concerning access closures that have arisen from consideration of community engagement responses presented in the body of this report;

3. Approves revised access closures in compliance with Australian Standards and best practice for foreshore risk management and public safety; and

4. Delegates authority to the Mayor and Chief Executive Officer pursuant to section 472 of the Local Government Act 1993 to finalise any and all matters in relation to the implementation of the audit recommendations.

INTRODUCTION: Cairns Regional Council is responsible for the management of the majority of the regions foreshores and waterways. The unique and complex nature of these locations present a number of risk management and safety considerations for the community. It is therefore the responsibility of Council, to implement control measures in an attempt to avoid foreseeable loss of life and/or injury to the public. The importance of this obligation was recently highlighted in an incident which occurred outside our local government area during marine stinger season. On this occasion, a lack of information and awareness resulted in confusion over whether a beach was “open” or “closed” for public swimming which may have contributed to the death of a young child (Attachment 1). In light of these considerations, the aim of this report is to inform Council of:

- Its responsibilities relating to Coastal Risk Management and Safety; - The recommendations presented in the ‘Coastal Risk and Beach Safety Signage

Audit (‘the audit); and

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- To seek Council’s approval to implement a number of initiatives that ensure people who enter a foreshore area are adequately informed of risks and hazards.

Recommendations have been made after consideration of community feedback through a comprehensive engagement exercise into the practical and localised implications of implementing the audit, without compromising Council’s duty of care. Further detail on the nature and extent of this exercise is addressed in the body of the report and in associated attachments.

BACKGROUND: Coastal Risk and Beach Safety Signage Audit (‘the audit’): In early August 2007 Cairns City Council engaged the services of Surf Life Saving Queensland (SLSQ) to undertake a risk assessment and safety signage audit of the major beaches and foreshores within the local government area. Following amalgamation the scope of this audit was extended to include Four Mile Beach, Port Douglas. SLSQ and its peak body Surf Life Saving Australia have taken a proactive approach to reducing risk (and liability) by working closely with a variety of coastal management bodies including State and Local Governments to develop a standardised signage and risk management system for all aquatic environments to promote improved safety within the community. This system has been developed using Australian Standards, National Coastal Risk Management Guidelines and Health and Safety Best Practice. Recommendations from these audits have been implemented by local governments along the east coast of Australia including Cassowary Coast, Frazer Coast and Mackay Regional Councils as well as the Townsville City Council. Access to the audit and information concerning the project has previously been provided to Councillors through internal memo, fact sheet and email correspondence. Implementation: At this point in time, the following safety and risk management measures have been implemented in accordance with the audit:

− Printing and installation of new signage − Removal of old signage − Improvements to vinegar stations and stinger first aid instructions − Integration of local laws signage and dog litter bags to decrease sign pollution

A resolution of Council is required to approve the following initiatives:

− Closure of some beach access points (Refer Table 1); and − Associated revegetation/maintenance.

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Community Engagement: A comprehensive community engagement exercise was undertaken to reinforce and inform the implementation of this project. The goals of this exercise were: Increase public awareness of beach safety and the need to implement control

measures for managing risk; Gauge public sentiment on proposed beach access closures; and Improve understanding of the practical and localised implications of implementing

the audit. The techniques used to achieve these outcomes were: Media releases; Article in Council’s e-newsletter, the Council Corner of the Cairns Sun and Port

Douglas Gazette; A letterbox drop (flyer); Onsite signage at proposed access closures; and Background information and a copy of the audit on Council’s website.

The community were given the opportunity to provide feedback over a period of 2 months. These responses were captured in a comprehensive ‘comments register’. A summary of this document has been provided for Council’s consideration in Attachment 2.

COMMENT: Coastal Risk Management and Safety is a product of a number of counter measures:

Education and information Management of access and/or provision of warnings Supervision Acquisition of survival skills

Council will achieve these measures by implementing the recommendations of the audit and continued provision of professional lifeguard services within the region as evidenced by the following: Signage: Signage is the most cost effective method that Council can employ to address risk management and public safety issues associated with unsupervised and remote locations. Legally the benefit of a sign is that is brings the foreseeable risk to the attention of people visiting a beach. It is supposed to add to the knowledge of the person in that situation to make a decision about entering the foreshore area. All recommendations with respect to signage that have been presented in the audit have been implemented in full. In addition to the safety aspect addressed by the new signs, Council has also achieved a number of other desired outcomes: Addressing signage pollution which has emerged over time; Coordination of local laws information points;

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Emergency services reference points; Improved aesthetics; and Improved compliance to criteria prescribed by the ‘clean beach and ‘tidy towns’

awards. An example of new signage has been presented in Attachment 3. Access Management: Management of access is a key consideration for Council to safeguard its duty of care and to ensure that people who enter a foreshore area are adequately informed of the risks. By having a coordinated approach to access we can also achieve a number of desired outcomes:

Decrease sign pollution; Channel public access; Provide reference points for emergency services (all signs have a GPS

coordinate to allow for faster emergence response); Increase amenity; Better address erosion and vegetation (the more accesses the more erosion we

have); and Provide first aid support/instructions including vinegar stations.

The community has been informed of these considerations and been given the opportunity to provide their feedback on any specific impacts that may emerge from the proposed measures outlined in the audit. A summary of the comments provided by the community in response to the engagement program is included as Attachment 2. Based on this feedback, the following changes to the audit are being raised for Council’s consideration: Table 1: Summary of revised access closures arising from community consultation

Beach Number of Closures

recommended by the audit

Number of comments logged

by the community in response to

recommended closures

Revised access closures in response to community feedback

Bramston Beach 0 1 0 Ellis Beach 3 0 3 Buchans Point 0 0 0 Machans Beach 0 0 0 Holloways Beach 1 0 1 Yorkeys Knob 9 28 4 Trinity Beach 3 0 3 Kewarra Beach 0 0 0 Clifton Beach 6 1 6 Palm Cove 5 2 3 Four Mile Beach 0 0 0

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It should be noted that all revisions to the audit must comply with relevant legislative requirements, Australian standards, coastal management guidelines and best practice. The revised closures at Yorkeys Knob, Clifton Beach and Palm Cove adhere to this requirement. A visual summary of the recommended closures and revised closures for the beaches where there was community feedback is shown in Attachment 4. Supervision Council provides a full time professional lifeguard service at the regions beaches through its contract with Surf Life Saving Queensland at the following locations. Year round (365 days per year):

Palm Cove Trinity Beach Yorkeys Knob Esplanade Lagoon Four Mile Beach Port Douglas Green Island (Funded by the QLD Government, administered by Council)

‘Peak stinger season’ (generally November to May):

Roving Patrol Holloways Beach Ellis Beach Clifton Beach Kewarra Beach

Major Holiday periods (nine days over Easter and Christmas only)

Bramston Beach  Acquisition of Survival Skills Surf Life Saving Queensland are continually involved in developing innovative programs and resources with the aim of delivering vital surf safety messages to the community. Partnering with various organisations such as the North Queensland Sports Foundation, Queensland Health, Tourism Queensland and local surf life saving clubs has allowed SLSQ to deliver vital surf/beach safety messages and training to the region, as well as domestic and international tourists and visitors.

CONSIDERATIONS: Corporate and Operational Plans: Corporate Plan 2009-2014

1.9 Implement relevant legislation and local laws 2.1 Implement a more comprehensive and coordinated approach to community

health and safety. 4.4 Deliver effective long-term maintenance and renewal of existing infrastructure

and community assets.

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Operational Plan 2009-2010 Sport and Recreation Mission: To foster, support and develop sport and recreational opportunities and facilities in accordance with the needs of the community including providing safe and clean beaches within the Cairns Regional Council. Statutory: Section 30 (1) of the Local Government Act 1993 states: ‘A local government must, when identifying the local and regional issues affecting its area, have regard to its role in relation to the following:

(f) public health management.’ Policy: Risk Management Policy No. 1:02:38 provides a set of guidelines for implementing consistent risk management processes throughout Cairns Regional Council. These processes are consistent with the Australia Standard for Risk Management AS – 4360 and include risks arising from delivering services and infrastructure. Financial and Risk: Failure to provide appropriate risk management control measures by coastal management authorities has been viewed unfavourably in previous liability cases arising from injury or death within a foreshore area. Signage and access management initiatives work concurrently to bring the ‘foreseeable risks to the attention of the people visiting a beach.’ (Signs as Remote Supervision, Best Practice Manual – Statewide, January 1999) Sustainability: The provision of safe beaches is a key consideration for Council in providing unstructured recreational activities for the community. The implementation of a coordinated approach to coastal risk issues will address Council’s duty of care by bringing the foreseeable health and safety risks to the attention of beach users. This will enhance Cairns Regional Council’s reputation as a provider of safe places for people to enjoy recreational pursuits in a variety of locations, furthering the economic and social prosperity of the region.

CONSULTATION: A comprehensive community engagement program (see Attachment 5, Community Engagement Techniques) has been undertaken as part of this project. Consultation regarding the formulation of the recommendation has occurred with representatives of SLSQ, Workplace Health and Safety Queensland and local surf lifesaving clubs: Cairns, Ellis and Port Douglas. Furthermore the comment in this report is the result of collaboration between officers within Council including Local Laws, Sport Recreation and Community Development, Cairns Works (Stratford Depot) and Inner City Facilities (Esplanade Lagoon).

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OPTIONS: Option 1: That Council: 1. Notes the safety and risk management measures comprising improved signage,

vinegar stations, first aid instructions and education that have been implemented within the region in accordance with the Coastal Risk and Safety Signage Audit;

2. Acknowledges amendments to audit recommendations concerning access closures that have arisen from consideration of community engagement responses presented in the body of this report;

3. Approves revised access closures in compliance with Australian Standards and best practice for foreshore risk management and public safety; and

4. Delegates authority to the Mayor and Chief Executive Officer pursuant to section 472 of the Local Government Act 1993 to finalise any and all matters in relation to the implementation of the audit recommendations.

Option 2: That Council does not approve revised access closures and implement all closures as prescribed by the audit. Option 3: That Council approves access closures as submitted but with amendments proposed by Councillors inline with all Australian Standards and Best Practices for Coastal Risk and Beach Safety.

CONCLUSION: By investing in and advocating for beach safety Council will increase the public’s access and exposure to some of our most important natural assets whilst insuring that safety and risk management remains a priority. It is therefore recommended: That Council: 1. Notes the safety and risk management measures comprising improved signage,

vinegar stations, first aid instructions and education that have been implemented within the region in accordance with the Coastal Risk and Safety Signage Audit;

2. Acknowledges amendments to audit recommendations concerning access closures that have arisen from consideration of community engagement responses presented in the body of this report;

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3. Approves revised access closures in compliance with Australian Standards and best practice for foreshore risk management and public safety; and

4. Delegates authority to the Mayor and Chief Executive Officer pursuant to section 472 of the Local Government Act 1993 to finalise any and all matters in relation to the implementation of the audit recommendations.

ATTACHMENTS: Attachment 1: Cairns Post Article: Box Jellyfish Sting Attachment 2: Community Comments Register Attachment 3: Example of New Signage Attachment 4: Aerial Photographs indicating revised access closures from community consultation Attachment 5: Community Engagement Techniques Tim Dendle Sport and Recreation Development Officer Jennifer Hunter Manager Sport, Recreation and Community Development Ian Lowth General Manager Community and Cultural Services

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Attachment 1: Cairns Post Article, Box Jellyfish Sting

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Attachment 2 – Community Comments Register

Date Name Beach Comments

16/11/2009

John Chapple (47 Sims Esplanade Yorkeys Knob)

Yorkeys Knob Concerns & CRC Response #2414673

29/11/2009 Jim Willoughby Yorkeys Knob CRC Response #2410295

3/11/2009 John Chapple (Yorkeys Knob)

Yorkeys Knob

I'm not happy. They are a pie in the sky. There is no safety risk. I totally object as it is a waste of money. Slap in the face for the ratepayers of the city. Agree access points that aren't being used should be closed. By closing the access at Yorkeys there will be increased pressures on parking opposite the accesses that remain being open. Parking is already at a premium residents are already under pressure. this is a safety risk from a traffic management point of view. Closure of access points that are earmarked for closure will not make beaches safer.

3/11/2009

Jane Greig Secretary, Yorkeys Knob Residents Association

Yorkeys Knob Concerns & CRC Response #2414659

3/11/2009

Haven't noticed any beach erosion since moving to Yorkeys 1996. No maintenance performed on the access points, maintenance stops at the access. Car Parking is an issue at Yorkeys Knob, less accesses makes a higher concentration of parking at existing access.

7/12/2009

Paul Aubery Yorkeys Knob

No problems with the news being displayed at other access points

4/11/2009 Glenn Rawcliffe

Yorkeys Knob Concerns & CRC Response #2018296

3/11/2009 Martin Comensoli

Yorkeys Knob

Terrible idea. By closing access points there will be potential backlash from residents wishing to secure their beach sight. Don't understand SLSQ credentials. If access were to be closed heavily used accesses should be rejuvenated?

4/11/2009 Bobbie Bognuda Babinda New signs are great! Good to see the Council

spending money down south!

7/12/2009 Ilona Snell Yorkeys Knob

Voice my objections to the closure of beach access point. Erosion is not an issue at Yorkeys Knob.

7/12/2009 Regan Oneill Yorkeys Knob

Concerned about access point closures and future access to the beach. Kite Boarders use YOR 12 and Sail Boarders use access recommended for closure on page 175 of audit.

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Date Name Beach Comments

7/12/2009

Personally access block off between Kempten Street and Wattle Street is the only access point the his operation uses, this is a designated kite surf and wind surf rigging area. Simms Esplanade and Wattle Street would be a better closure alternative

10/12/2009

Chris Rose Yorkeys Knob

CRC Response #2425003

7/12/2009 Darren Quinn Yorkeys Knob

One end of the beach at Yorkeys is the swimming and the other is sailing kiting boarding. Yorkeys is one of the top destinations it the country to kite. Congestion is a problem. Would like the access opposite 31/33 to remain open between Kempton and Wattle St. Convenience is consideration for the public. Yorkeys is a wonderful beach and accommodates all use.

7/12/2009 Craig Haffner Yorkeys Knob

Kite surfer at Yorkeys, one of the accesses that has been recommended to be closed is unnecessary. Vegetation has since previous works to vegetate the area.

7/12/2009 Rob Yorkeys Concerns & CRC Response #2418742

8/12/2009 Paul Rosevear Yorkeys Knob Concerns & CRC Response #2418813

6/12/2009 Trish Cowin Yorkeys Knob Concerns & CRC Response #2418854

4/12/2009 Garth Pernase & Susan Botica

Yorkeys Knob Concerns & CRC Response #2419146

3/12/2009

YORKEYS KNOB RESIDENTS ASSOCIATION

Yorkeys Knob

#2419214 (Letter to CEO re Community Consultation)CRC Response #2419174

9/12/2009 Malcolm Quin Yorkeys Knob Concerns & CRC Response #2420444

8/12/2009 Andrew and Vicki Hughes

Yorkeys Knob Concerns & CRC Response #2420456

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Date Name Beach Comments

8/12/2009 Bob Vaillant Yorkeys Knob Concerns & CRC Response #2420470

8/12/2009 Adam Fletcher Yorkeys Knob Concerns & Concerns & CRC Response #2420660

10/12*/09 Gary Green Yorkeys Knob

I'm a windsurfer. I also know a lot of kite surfers who use the access points at the southern end of Yorkeys Knob. There are two access points used by our sports; one entry to the beach to south and one north. A sign has been displayed at the on the south. Closure will cause a bottleneck on the one the remains open. Additionally there will be issues with parking at the one that remains open. Club members have been undertaking improvements to the foreshore to help erosion.

11/12/2009 Ross Unsworth Yorkeys Knob CRC Response #2424227

10/12/2009 Sheila Farrelly Yorkeys CRC Response #2424244

11/12/2009 Carol Farley Palm Cove

Palm Cove PAL 09 needs to remain accessible to the playground Caravan Park Entrance needs to have one maintained access point

11/12/2009 Rob Newson Yorkeys Knob CRC Response #2424986

11/12/2009 John Henderson

Yorkeys Knob

Rutherford Street access (opposite tree with plaque) this access is the most use of all as compared to others either side of it… Because it is at the end of the street most tourists tend to use this access.

14/12/2009 Serge Vatovey Yorkeys Knob Concerns & CRC Response #2425879

14/12/2009 Dana Heptinstall

Yorkeys Knob

Has been using beach access for past 5 years. Feels that if all the kite surfers are using 1 access point it will lead to erosion. Also like to note that he agrees with all other points made by Bob Vaillant (in email to council).

26/11/2009 Stefano Ponzi Clifton Beach

Would like to see the access at Deadmans Gully remain open as it is across from his property and would like to maintain beach front access from this point. Understands the recommendations about protection of the environment, and risk management. Pays rates for beach access

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Attachment 3: Example of New Signage

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Attachment 4: Aerial photographs indicating revised access closures from Community Consultation

Palm Cove Access Closed – As a control measure for beach

access and to steer users to the lifeguard service.

Access Open Revised after Community

Consultation

Access Open Revised after Community

Consultation

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3 Access Closures – There is three access points over the space of 60 metres, closed

as a control measure for beach access and to steer users to the lifeguard service. Also closing this access will assist with the prevention of erosion, vegetation control and will ensure long term protection of the foreshore.

Clifton Beach

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Attachment 5 Community Engagement Techniques

Technique Level of Engagement

Description Key Messages Stakeholder / audience

Timeframe

Website Inform / educate

Display the audit document on Council’s Website

Awareness and physical access to the audit

External stakeholders

From April 2009

Press Release

Inform / educate

Information statement to Media Networks

Update on project status & current activities

External stakeholders

Prior to implementation (April 2009)

Article in e-newsletter the Council Corner of the Cairns Sun and Port Douglas Gazette

Inform / educate

Print media article Update on project status & current activities

External stakeholders

Prior to implementation: April 09 e-newsletter, 2/4/09 Port Douglas & Mossman Gazette, 8/4/09 Cairns Sun

Letterbox drop

Inform / educate

Information flyer mailed to residents of the beaches

Information on nature, scope and key recommendations of the audit

Immediately effected residents living at audited beaches

Prior to implementation: November 2009

Onsite Signage

Consult Notification Signage at all recommended beach access closure points calling for public feedback

To identify access points that have been recommended for closure to the public and provide contact information for community to register their feedback

External Stakeholders

- Prior to any decision being made on beach access closures: - Placed at all access points recommended for closure November 2009 – Jan 2010

Comments Register

Consult - Comments register to capture all external stakeholder feedback - Comments register to be maintained by the action officer responsible for implementing the audit - All written correspondence to be sent acknowledgement email/letter

To give the public the opportunity to discuss the recommendations to the officer who will be ‘actioning’ the audit

External Stakeholders

Prior to decisions being made on beach access closures

Councillor Email

Inform / educate

Project brief emailed to Councillors

Update of project activities and prospective actions

Divisional Councillors

Prior to implementation/after completing the audit

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Technique Level of Engagement

Description Key Messages Stakeholder / audience

Timeframe

Councillor Fact Sheet

Inform / educate

Fact sheet to provide information on project activities, marine stinger dangers, and council’s responsibilities regarding the implementation of control measures

To educate/inform the elected members of importance of the project

Divisional Councillors

Prior to implementation

External Stakeholder Meetings – Uninet Enclosure Systems

Consult Meetings/Discussions with stinger net provider

To understand consider any considerations from a related service provider

Service Provider

Prior to implementation

Internal Stakeholder Meetings – Local Laws

Consult Meetings/Discussions with Local Laws unit of Council regarding directives on new signs

To confirm all information presented on the signs are correct and accurate

Internal Stakeholders

Prior to implementation

Internal Stakeholder Meetings – Cairns Works

Consult Meetings/Discussions with Cairns Works (Sign shop and Stratford Depot) regarding logistical/operative considerations of implementing the audit

To address all implementation actions and prospective issues

Internal Stakeholders

Prior to implementation

Council Report

Consult Report to February 2010 Sports Arts Community and Cultural Services Committee Meeting

To gain Council resolution and endorsement

Divisional Councillors

Prior to implementation

Media Release

Inform/Educate Statement to media networks

To inform of Councils resolution

External Stakeholders

After Council consideration