March 2003 - Shire of Kellerberrin · 7.1 Minutes of the Ordinary Council Meeting, 23rd July, 2019...

A G E N D A

C O U N C I L

M E E T I N G

20th August 2019

2:00 pm

1:00 pm Briefing Session 2:00 pm Commence Council Meeting 2:15 pm Public Question Time 3:00 pm Afternoon Tea 5:00 pm Completion of Council Meeting

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Shire of Kellerberrin

Ordinary Council Meeting 20th August 2019

NOTICE OF MEETING

Dear Elected Member The next ordinary meeting of the Shire of Kellerberrin will be held on Tuesday, 20th August 2019 in the Council Chambers, 110 Massingham Street, Kellerberrin commencing at 2.00 pm. Raymond Griffiths Chief Executive Officer 13th August 2019

Agenda

TABLE OF CONTENTS 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4. PUBLIC QUESTION TIME Council conducts open Council meetings. Members of the public are asked that if they wish

to address the Council that they state their name and put the question as precisely as possible. A maximum of 15 minutes is allocated for public question time. The length of time an individual can speak will be determined at the President’s discretion.

5. APPLICATIONS FOR LEAVE OF ABSENCE 6. DECLARATION OF INTEREST

Note: Under Section 5.60 – 5.62 of the Local Government Act 1995, care should be exercised by all Councillors to ensure that a “financial interest” is declared and that they refrain from voting on any matters which are considered may come within the ambit of the Act.

A Member declaring a financial interest must leave the meeting prior to the matter being discussed or voted on (unless the members entitled to vote resolved to allow the member to be present). The member is not to take part whatsoever in the proceedings if allowed to stay.

7. CONFIRMATION OF PREVIOUS MEETINGS MINUTES Pages 7.1 Minutes of the Ordinary Council Meeting, 23rd July, 2019 7.1 – 7.89 7.2 Minutes of the Roadworks Advisory Committee, 5th August, 2019 7.2 – 7.13

8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 9. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS 10. REPORTS OF COMMITTEES/COUNCILLORS

10.1 President’s Report 8

11. AGENDA ITEMS

11.1 CORPORATE SERVICES 11.1.1 Community Requests and Discussion Items 9 – 16 11.1.2 Status Report Update 17 – 23.11 11.1.3 CEACA Committee Meeting Minutes and Resolutions 24 – 25.8 11.1.4 Expression of Interest for Sale of Items 26 – 29.2

11.1.5 Membership of the Roadworks Advisory Committee 30 – 31 11.1.6 Animals, Environment and Nuisance Local Law 32 – 38.35 11.1.7 Council Policy Manual Review 39 – 46 11.1.8 Legislative Council of WA Select Committee into

Local Government Submission 47 – 49.5 11.1.9 Direct Debit List and Visa Card Transactions for the

month July 2019 50 – 52 11.1.10 Cheque List Payment July 2019 53 – 56.4 11.1.11 Financial Management Report for July 2019 57 – 58.26 11.2 DEVELOPMENT SERVICES

11.2.1 Building Returns July 2019 59 – 60.2 11.2.2 ACTIV Foundation - ‘Change of use class’ 61 – 66

11.3 WORKS & SERVICES NIL

12. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN 13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING

14. CLOSURE OF MEETING

• Next Ordinary Meeting Date is Tuesday, 17th September, 2019


Disclaimer

No responsibility whatsoever is implied or accepted by the Shire of Kellerberrin for any action, omission or statement or intimation occurring during Council or committee meetings. The Shire of Kellerberrin disclaims any liability for any loss whatsoever and however caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the Shire of Kellerberrin during the course of any meeting is not intended to be and is not taken a notice of approval from the Shire of Kellerberrin. The Shire of Kellerberrin warns that anyone who has any application lodged with the Shire of Kellerberrin must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Kellerberrin in respect of the application. Signed: ____________________

Chief Executive Officer

DECLARATION OF FINANCIAL INTEREST, PROXIMITY INTEREST AND/OR INTEREST AFFECTING IMPARTIALITY

Chief Executive Officer, Shire of Kellerberrin In accordance with Section 5.60-5.65 of the Local Government Act and Regulation 34(B) and 34(C) of the Local Government (Administration) Regulations, I advise you that I declare a ( appropriate box): financial interest (Section 5.60A) A person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person. proximity interest (Section 5.60B) A person has a proximity interest in a matter if the matter concerns a proposed — (a) change to a planning scheme affecting land that adjoins the person’s land; (b) change to the zoning or use of land that adjoins the person’s land; or (c) development (as defined in section 5.63(5)) of land that adjoins the person’s land. interest affecting impartiality/closely associated persons (Regulation 24C). I disclose

that I have an association with the applicant. As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.

An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected but does not include a financial or proximity interest as referred to in section 5.60. in the following Council / Committee Meetings to be held on ____________________ in Item number/s ______________________________________________________ the nature of the interest being ___________________________________________ Further, that I wish to remain in the Chamber to participate in proceedings. As such,

I declare the extent of my interest as being: Yours faithfully (Councillor’s signature) Councillor’s Name The Local Government Act provides that it is the member’s obligation to declare the Nature of an interest if they believe that they have a financial interest, proximity interest, closely associated persons or an interest affecting impartiality in a matter being discussed by Council. The Act provides that the Nature of the interest may be declared in writing to the Chief Executive Officer prior to the meeting or declared prior to discussion of the Agenda Item at the meeting. The Act further provides that the Extent of the interest needs to be declared if the member seeks to remain in the Chamber during the discussion, debate or voting on the item. A Councillor declaring a financial or proximity interest must leave the meeting prior to the matter being discussed or voted on (including the question as to whether they are permitted to remain in the Chamber). Councillors remaining in the Chamber may resolve to allow the member to return to the meeting to participate in the proceedings. The decision of whether to disclose a financial interest is yours and yours alone. Nobody can disclose for you and you cannot be forced to make a disclosure.

This form is provided for your assistance

Ordinary Council Meeting – 20th August 2019

7.1 Shire of Kellerberrin Ordinary Council Meeting Minutes, 23rd July, 2019

Tabled in a Separate Attachment 7.2 Roadworks Advisory Committee Meeting Minutes, 5th August, 2019 Tabled in a Separate Attachment

Ordinary Council Meeting – 20th August, 2019

10.1 President’s Report – July 2019 Not a lot happening at the moment in the shire. Couple of Councillors and our CEO attended the WALGA AGM and Local Government Conference last week. Usually a good networking opportunity. Hopefully the rain forecast over the next few days eventuates to get the season back on track, feed and crops are suffering from the dry at the moment. I had an opportunity to inspect the CEACA independent living units and was impressed, I think they will be a real asset to our community. Kind regards Rod Forsyth President Shire of Kellerberrin


11.1 CORPORATE SERVICES – AGENDA ITEM Agenda Reference: 11.1.1 Subject: Community Requests and Discussion Items Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Council File Ref: Various Disclosure of Interest: N/A Date: 1st August 2019 Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council during the Performance Appraisal process for the Chief Executive Officer requested time during the meeting to bring forward ideas, thoughts and points raised by the community. July 2019 Council Meeting MIN118/19 MOTION - Moved Cr.Reid 2nd Cr. McNeil That Council;

1. Submit the Shackleton Road Petition to the Minister for Transport with a “cc” to Hon. Darren West and Mia Davies; and

2. Investigate and install roadside convex mirrors within car parks, subject to Main Roads approval.

June 2019 Council Meeting MIN 097/19 MOTION - Moved Cr. Reid 2nd Cr. Steber That Council;

1. Provides $550.00 financial support for Wheatbelt Ag Care Community Support Services Inc.; and

2. endorse the grant application to Landcorp for further release of industrial land blocks. May 2019 Council Meeting MIN 073/19 MOTION - Moved Cr.McNeil 2nd Cr. Steber That Council review the Leake Street footpath near Dryandra for a pothole. July MIN 118/19

1. Petitions were collected from Kellerberrin Townsite and submitted to the Minister for Transport and “cc’ to Hon. Rita Saffioti and Mia Davies on 5th August 2019.

2. Mirror isn’t supported by Main Roads. Council to have lines painted on the parking area to see if this assists.

June MIN 097/19

1. Letter issued to Wheatbelt Ag Care, 24th June 2019. Invoice being paid 30th July 2019. 2. Landcorp applications are not open at this stage.


May MIN 073/19

1. MWS inspected the footpath but noted that it was in the Dryandra Carpark.

FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Implications will be applicable depending on requests and decision of Council. POLICY IMPLICATIONS Policy Implications will depend on items brought forward by Council. During discussions the Policy Manual will be referred to prior to decision being finalised. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council

(1) The council — (a) Directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies. Section 2.8. The role of the mayor or president

(1) The mayor or president — (a) presides at meetings in accordance with this Act; (b) provides leadership and guidance to the community in the district; (c) carries out civic and ceremonial duties on behalf of the local government; (d) speaks on behalf of the local government; (e) performs such other functions as are given to the mayor or president by this Act or

any other written law; and (f) liaises with the CEO on the local government’s affairs and the performance of its

functions.

(2) Section 2.10 applies to a councillor who is also the mayor or president and extends to a mayor or president who is not a councillor.

Section 2.9. The role of the deputy mayor or deputy president

The deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section 5.34.

Section 2.10. The role of councillors

A councillor —

(a) represents the interests of electors, ratepayers and residents of the district;

(b) provides leadership and guidance to the community in the district;

(c) facilitates communication between the community and the council;

(d) participates in the local government’s decision-making processes at council and committee meetings; and


(e) performs such other functions as are given to a councillor by this Act or any other written law.

5.60. When person has an interest For the purposes of this Subdivision, a relevant person has an interest in a matter if either — (a) the relevant person; or (b) a person with whom the relevant person is closely associated,

has — (c) a direct or indirect financial interest in the matter; or (d) a proximity interest in the matter.

[Section 5.60 inserted by No. 64 of 1998 s. 30.]

5.60A. Financial interest For the purposes of this Subdivision, a person has a financial interest in a matter if it is

reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.

[Section 5.60A inserted by No. 64 of 1998 s. 30; amended by No. 49 of 2004 s. 50.]

5.60B. Proximity interest

(1) For the purposes of this Subdivision, a person has a proximity interest in a matter if the matter concerns —

(a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

(b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.

(2) In this section, land (the proposal land) adjoins a person’s land if — (a) the proposal land, not being a thoroughfare, has a common boundary with the

person’s land; (b) the proposal land, or any part of it, is directly across a thoroughfare from, the

person’s land; or (c) the proposal land is that part of a thoroughfare that has a common boundary with the

person’s land.

(3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

[Section 5.60B inserted by No. 64 of 1998 s. 30.] 5.61. Indirect financial interests

A reference in this Subdivision to an indirect financial interest of a person in a matter includes a reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter.

5.62. Closely associated persons

(1) For the purposes of this Subdivision a person is to be treated as being closely associated with a relevant person if —

(a) the person is in partnership with the relevant person; or (b) the person is an employer of the relevant person; or


(c) the person is a beneficiary under a trust, or an object of a discretionary trust, of which the relevant person is a trustee; or

(ca) the person belongs to a class of persons that is prescribed; or (d) the person is a body corporate — (i) of which the relevant person is a director, secretary or executive officer; or (ii) in which the relevant person holds shares having a total value exceeding — (I) the prescribed amount; or (II) the prescribed percentage of the total value of the issued share

capital of the company, whichever is less; or (e) the person is the spouse, de facto partner or child of the relevant person and is living

with the relevant person; or (ea) the relevant person is a council member and the person — (i) gave a notifiable gift to the relevant person in relation to the election at which

the relevant person was last elected; or (ii) has given a notifiable gift to the relevant person since the relevant person was

last elected; or (eb) the relevant person is a council member and since the relevant person was last

elected the person — (i) gave to the relevant person a gift that section 5.82 requires the relevant

person to disclose; or (ii) made a contribution to travel undertaken by the relevant person that

section 5.83 requires the relevant person to disclose; or (f) the person has a relationship specified in any of paragraphs (a) to (d) in respect of

the relevant person’s spouse or de facto partner if the spouse or de facto partner is living with the relevant person.

(2) In subsection (1) — notifiable gift means a gift about which the relevant person was or is required by

regulations under section 4.59(a) to provide information in relation to an election; value, in relation to shares, means the value of the shares calculated in the prescribed

manner or using the prescribed method. [Section 5.62 amended by No. 64 of 1998 s. 31; No. 28 of 2003 s. 110; No. 49 of 2004 s. 51;

No. 17 of 2009 s. 26.] 5.63. Some interests need not be disclosed

(1) Sections 5.65, 5.70 and 5.71 do not apply to a relevant person who has any of the following interests in a matter —

(a) an interest common to a significant number of electors or ratepayers; (b) an interest in the imposition of any rate, charge or fee by the local government; (c) an interest relating to a fee, reimbursement of an expense or an allowance to which

section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; (d) an interest relating to the pay, terms or conditions of an employee unless — (i) the relevant person is the employee; or (ii) either the relevant person’s spouse, de facto partner or child is the employee

if the spouse, de facto partner or child is living with the relevant person; [(e) deleted]


(f) an interest arising only because the relevant person is, or intends to become, a member or office bearer of a body with non-profit making objects;

(g) an interest arising only because the relevant person is, or intends to become, a member, office bearer, officer or employee of a department of the Public Service of the State or Commonwealth or a body established under this Act or any other written law; or

(h) a prescribed interest.

(2) If a relevant person has a financial interest because the valuation of land in which the person has an interest may be affected by —

(a) any proposed change to a planning scheme for any area in the district; (b) any proposed change to the zoning or use of land in the district; or (c) the proposed development of land in the district,

then, subject to subsection (3) and (4), the person is not to be treated as having an interest in a matter for the purposes of sections 5.65, 5.70 and 5.71.


(a) any proposed change to a planning scheme for that land or any land adjacent to that land;

(b) any proposed change to the zoning or use of that land or any land adjacent to that land; or

(c) the proposed development of that land or any land adjacent to that land,

then nothing in this section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant person.

(4) If a relevant person has a financial interest because any land in which the person has any interest other than an interest relating to the valuation of that land or any land adjacent to that land may be affected by —



(5) A reference in subsection (2), (3) or (4) to the development of land is a reference to the development, maintenance or management of the land or of services or facilities on the land.

[Section 5.63 amended by No. 1 of 1998 s. 15; No. 64 of 1998 s. 32; No. 28 of 2003 s. 111; No. 49 of 2004 s. 52; No. 17 of 2009 s. 27.]

[5.64. Deleted by No. 28 of 2003 s. 112.] 5.65. Members’ interests in matters to be discussed at meetings to be disclosed

(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. Penalty: $10 000 or imprisonment for 2 years.

(2) It is a defence to a prosecution under this section if the member proves that he or she did not know —

(a) that he or she had an interest in the matter; or (b) that the matter in which he or she had an interest would be discussed at the meeting.


(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.66. Meeting to be informed of disclosures If a member has disclosed an interest in a written notice given to the CEO before a meeting

then — (a) before the meeting the CEO is to cause the notice to be given to the person who is to

preside at the meeting; and (b) at the meeting the person presiding is to bring the notice and its contents to the

attention of the persons present immediately before the matters to which the disclosure relates are discussed.

[Section 5.66 amended by No. 1 of 1998 s. 16; No. 64 of 1998 s. 33.]

5.67. Disclosing members not to participate in meetings A member who makes a disclosure under section 5.65 must not — (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision making procedure

relating to the matter,

unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years. 5.68. Councils and committees may allow members disclosing interests to participate etc. in

meetings (1) If a member has disclosed, under section 5.65, an interest in a matter, the members present

at the meeting who are entitled to vote on the matter — (a) may allow the disclosing member to be present during any discussion or decision

making procedure relating to the matter; and (b) may allow, to the extent decided by those members, the disclosing member to

preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —

(i) the disclosing member also discloses the extent of the interest; and (ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the disclosing

member’s conduct in relation to the matter; or (II) is common to a significant number of electors or ratepayers.

(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.

(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

5.69. Minister may allow members disclosing interests to participate etc. in meetings

(1) If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.

(2) An application made under subsection (1) is to include — (a) details of the nature of the interest disclosed and the extent of the interest; and (b) any other information required by the Minister for the purposes of the application.

(3) On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent


meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —

(a) there would not otherwise be a sufficient number of members to deal with the matter; or

(b) the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.

(4) A person must not contravene a condition imposed by the Minister under this section. Penalty: $10 000 or imprisonment for 2 years.

[Section 5.69 amended by No. 49 of 2004 s. 53.] 5.69A. Minister may exempt committee members from disclosure requirements

(1) A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.

(2) An application under subsection (1) is to include — (a) the name of the committee, details of the function of the committee and the reasons

why the exemption is sought; and (b) any other information required by the Minister for the purposes of the application.

(3) On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.


[Section 5.69A inserted by No. 64 of 1998 s. 34(1).] 5.70. Employees to disclose interests relating to advice or reports

(1) In this section — employee includes a person who, under a contract for services with the local government,

provides advice or a report on a matter.

(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years.

5.71. Employees to disclose interests relating to delegated functions If, under Division 4, an employee has been delegated a power or duty relating to a matter

and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and —

(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and

(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter.

Penalty: $10 000 or imprisonment for 2 years. STRATEGIC PLAN IMPLICATIONS:


The Strategic Plan will be the driver and provide Guidance for Council in their decision making process for the community requests. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Council Community Members STAFF RECOMMENDATION That Council note any requests or ideas to be actioned. COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.2 Subject: Status Report of Action Sheet Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin - Council File Ref: Various Disclosure of Interest: N/A Date: 1st August 2019 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council at its March 2017 Ordinary Meeting of Council discussed the use of Council’s status report and its reporting mechanisms. Council therefore after discussing this matter agreed to have a monthly item presented to Council regarding the Status Report which provides Council with monthly updates on officers’ actions regarding decisions made at Council. It can also be utilised as a tool to track progress on Capital projects. COMMENT This report has been presented to provide an additional measure for Council to be kept up to date with progress on items presented to Council or that affect Council. Council can add extra items to this report as they wish. The concept of the report will be that every action from Council’s Ordinary and Special Council Meetings will be placed into the Status Report and only when the action is fully complete can the item be removed from the register. However the item is to be presented to the next Council Meeting shading the item prior to its removal. This provides Council with an explanation on what has occurred to complete the item and ensure they are happy prior to this being removed from the report. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Implications will be applicable depending on the decision of Council. However this will be duly noted in the Agenda Item prepared for this specific action. POLICY IMPLICATIONS Policy Implications will be applicable depending on the decision of Council. However this will be duly noted in the Agenda Item prepared for this specific action. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council

(1) The council — (a) Directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.





functions.





A councillor —










reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.

[Section 5.60A inserted by No. 64 of 1998 s. 30; amended by No. 49 of 2004 s. 50.] 5.60B. Proximity interest





person’s land.




person’s land.






(a) the person is in partnership with the relevant person; or (b) the person is an employer of the relevant person; or (c) the person is a beneficiary under a trust, or an object of a discretionary trust, of which

the relevant person is a trustee; or (ca) the person belongs to a class of persons that is prescribed; or (d) the person is a body corporate — (i) of which the relevant person is a director, secretary or executive officer; or (ii) in which the relevant person holds shares having a total value exceeding — (I) the prescribed amount; or (II) the prescribed percentage of the total value of the issued share




last elected; or (eb) the relevant person is a council member and since the relevant person was last


person to disclose; or


(ii) made a contribution to travel undertaken by the relevant person that section 5.83 requires the relevant person to disclose;

or (f) the person has a relationship specified in any of paragraphs (a) to (d) in respect of









if the spouse, de facto partner or child is living with the relevant person; [(e) deleted] (f) an interest arising only because the relevant person is, or intends to become, a

member or office bearer of a body with non-profit making objects; (g) an interest arising only because the relevant person is, or intends to become, a

member, office bearer, officer or employee of a department of the Public Service of the State or Commonwealth or a body established under this Act or any other written law; or
































at the meeting who are entitled to vote on the matter —


(a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —








(3) On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —










[Section 5.69A inserted by No. 64 of 1998 s. 34(1).]


5.70. Employees to disclose interests relating to advice or reports










Penalty: $10 000 or imprisonment for 2 years. STRATEGIC PLAN IMPLICATIONS: The Strategic Plan will be the driver and provide Guidance for Council in their decision making process for the community requests. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Chief Executive Officer Deputy Chief Executive Officer Manager Works and Services Manager Development Services Council Staff Council Community Members. STAFF RECOMMENDATION That Council receives the Status Report. COUNCIL RESOULTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /

ACTION SHEET – July 2019 COUNCIL MEETING

October 2018

MINUTE NO.

DESCRIPTION ACTION OFFICER RESPONSIBLE

MIN 182/18

Annual Policy Manual Review That Council: • The recent new Policy Inclusions; and • Requests management to have a full review of the Policy

Manual by March 2019.

DCEO/PA

ACTION: Codi & Natasha are currently reviewing layout of Manual on behalf of Raymond, Management Staff will review entire manual. Kate has transformed a new layout for Council Polices and has reviewed policies and is presenting to Raymond for review DATE ACTION TAKEN: 08/11/2018, 16/07/2019

pa

Typewritten Text

23.1

November 2018

MINUTE

NO. DESCRIPTION ACTION OFFICER

RESPONSIBLE MIN 205/18 Outstanding Rates – Recoverable

on Sale

That Council: 1. Agrees to sell Number 14 (Lot 56) Mitchell Street, Kellerberrin,

under section 6.64 of the Local Government Act 1995. 2. Gives notice, in the form of Form 2, advising that the local

government has taken possession of the land, to the owner(s) of the land (s.6.64(2); FMRr.72 and Form 2), by certified mail.

3. Gives notice, in the form of Form 3, advising that the local government has taken possession of the land, and affix Form 3 to a conspicuous part of the land (s.6.64(2); FMR r.73 and Form 3).

4. Completes Form 4 – Local Government Act 1995, Local Government (Financial Management) Amendment Regulations (No 2) 2005 (reg. 74) giving three (3) months public notice for sale by public auction, to be served by certified mail to the addresses appearing in the rate record or a register kept under the Transfer of Land Act 1893 or in a memorial or record kept by the Registrar of Deeds (s.6.68(3); Sch. 6.3 cl.1.(1)(a); FMR r.74, Form 4)

5. Completes Form 5 - Local Government Act 1995, Local Government (Financial Management) Amendment Regulations (No 2) 2005 (reg. 75) advising the property is to offer for sale by public auction at _____________________ on the ______________ .

6. Delegates authority to the Chief Executive Officer to appoint a professional auctioneer for the above land auction.

* Absolute majority required

CEO/SFO

ACTION: Form 2 completed by registered mail, Form 3 fixed to a star picket, Form 4 advertised on Councils Public Notice Board, Form 5 – auction to be held at The Kellerberrin Town Hall on Friday 8th February 2019 at 2:00pm. Auction carried out 8th February 2019 with no offers made. Matter will lay on the table for a further 12 months wherein Council can have land transferred into its name. DATE ACTION TAKEN: 22/11/2018, 08/02/2019

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MINUTE NO.


MIN 206/18 Transfer of land from Non-payment of Rates

That Council delegates authority to the CEO, subject to the expiration of the twelve month waiting period on 27th October 2018; 1. Approves the transfer to the Shire of Kellerberrin under section 6.64

of the Local Government Act 1995 for the following 103 (Lot 16) Forrest Street after 27th October 2018.

2. Authorises the Chief Executive Officer and President to execute the transfer of land documents for all above land transfers.

3. Writes off all outstanding rate balances on the properties and assessment in question

i. 103 (Lot 16) Forrest Street, A360, $9,064.61 plus additional interest calculated.

CEO/SFO

ACTION: Transfer is with WA Property Lawyers. Letter sent 26th November 2018 Transfer of land documentation signed. Contact has been made with WA Property Lawyers and they are still progressing the matter though they have advised that this is a lengthy process. Emailed WA Property Lawyers for an update on 29th April 2019. SFO has been emailing WA Property Lawyers fortnight at a maximum for updates. Last email was issued 27/05/2019 and CEO issued one 06/06/2019 seeking update. WA Property Lawyers has spoken to SFO regarding an issue which has been rectified and are now waiting for a response. Paperwork has been sent to Council for signing, signed and issued back to WA Property Lawyers for lodgement DATE ACTION TAKEN: 26/11/2018, 02/01/2019, 29/04/2019, 27/05/2019, 06/06/2019, 11/07/2019

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March 2019 MINUTE


RESPONSIBLE MIN024/19 Community Requests and

Discussion Items That Council:

1. Investigate advice of the Catholic Church requirements for ablution facilities.

2. Endorse the request for the official opening of the Patterson Hall of Fame at the recreation centre to be on show day and contact the Ag Society;

3. Adopt that the Seniors request for the Laptop & Printer allocation of funds be redistributed to Bus Hire charges;

4. Council to write to Department of Planning Land and Heritage seeking the transfer of Crown Land to Freehold title on Reserve 37171 (Dryandra Land) and Council to endorse Dryandra’s actions in seeking the transfer of Crown Land to Freehold title to ensure the longevity of Aged Care services within the region.

CEO

ACTION: 1. Inspection carried out by the Shire’s EHO on March 28th 2019, letter issued. Spoke to Church, items raised at Council regarding toilets wasn’t from Council it was a church decision. 2. Emailed Ag Society & Bruce about the opening and Brett to arrange plaque. 3. Letter issued to Seniors on 21st March 2019 and Debtor Officer notified. 4. Letter issued to Dryandra on 25th March 2019, an application has been made to Dept. for Green Title. Mia Davies has also provided a letter of support. Follow up email issued to the Dept. for update on Dryandra’s land request. Sent another email for updated with no response 10/06/2019. Met with Mia Davies 5th July 2019, Mia is going to follow this up. DATE ACTION TAKEN: 21/03/2019, 25/03/2019, 28/03/2019, 29/04/2019, 10/06/2019, 05/07/2019

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April 2019

MINUTE NO.


MIN 059/19 Sale of Industrial Land, Part Lot 309 Tiller Drive

That Council approve the part sale of Council owned Lot 309 (being 23,669.81m2), Tiller Drive Kellerberrin Deposited Plan 75882, to Premium Grain Handlers Pty Ltd of 10-14 Sultan Way, Rous Head, Industrial Park, North Fremantle WA 6159, as per Deposited Plan by private agreement for the sum of $20,546.81 subject to:

1. Premium Grains undertaking and paying for: Sub-dividing of Lot 309 Tiller Drive including clearing of all

conditions issued by Western Australian Planning Commission;

Surveying and ground works; Any increases to cost associated with final dimensions of

land as confirmed via survey; Provision of utility services being phone, NBN, water and

power to the new sub-divided property including headworks and

Any upgrades or additional headworks fees to the remaining Lot 309 owned by Council required by utility suppliers due to sub-division.

2. Council advertising the disposition of property for a period of 14 days as per section 3.58 Local Government Act 1995, in a local newsletter and/or newspaper circulating in the District and/or Council Public Notice Board.

3. No submissions being received, Council authorises the Chief Executive Officer and Shire President to execute required Land Transfer documentation for Sale of Property.

4. Council grants permission for access to the specified area listed above to stockpile materials for proposed development on adjacent lot owned by Premium Grains.

CEO / PA

ACTION: Letter issued to Premium Grains on 23rd April 2019. Advert placed in the Pipeline 1st May 2019. No submission received and Premium Grains have engaged Land Surveyor to survey off the land. Application to WA Planning Commission for approval. Council advised no issues this end. DATE ACTION TAKEN: 23/04/2019, 01/05/2019, 10/06/2019, 03/07/2019

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May 2019

MINUTE NO.


MIN 079/19 Delegated Authority – Electronic Lodgement Network Operator (PEXA) & Verification of Identity.

That Council; 1. Authorises McLeods with Standing Authority (Option 1 –

permitting McLeods to sign all marked documents in future on the Shire’s behalf); and

2. Adds to the Delegated Authority Register – 1.1.14 - Electronic Lodgement Network Operator as presented.

CEO / PA

ACTION: Raymond sent an email to Fiona Grgich on 29th May 2019. Waiting response. 1.1.14 Electronic Lodgement Network Operator has been added to the Delegation Register June 2019. DATE ACTION TAKEN: 29/05/2019

MINUTE NO.


MIN 081/19 Proposed sale of 8 Ripper Street, Kellerberrin

That Council: 1. Appoints Livestock and Land as the Real Estate agent for the

proposed sale of 8 Ripper Street, Kellerberrin on the basis: a. Property Listing Price as per Residential Property

Appraisal prepared 7th May 2019 b. 4% Commission Rate.

CEO / PA

ACTION: Property have been listed with Livestock and Land on the internet. Issued order for $300 to have yard cleared for Sale. Council has received an offer, which is being presented to Council. Notices is given for submissions for the property disposition which close on 14th August 2019 DATE ACTION TAKEN: 10/06/2019, 12/07/2019, 14/08/2019

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June 2019

MINUTE NO.


MIN 101/19 CBH Doodlakine That Council; Approves the application for development and endorse the attached approved development plans; including:

• 36 m long weighbridge; and • hut

With the following conditions;

a) the endorsed approved plans shall not be altered without the prior written approval of the shire; and

b) Development approval will expire if the development is not substantially commenced within two years of the approval date.

c) The provision of planning approval is not considered Building approval and such works should be accompanied with a building permit.

GENERAL CONDITIONS

a) Planning approval is not considered Building approval, this must be obtained separately through a building permit.

CEO / TP

ACTION: Letter sent to Bernard Lim via email and post on 23rd July 2019 DATE ACTION TAKEN: 23/07/2019

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July 2019

MINUTE NO.


MIN 118/19 Community Requests and Discussion Items

That Council 1. Submit the Shackleton Road Petition to the Minister for

Transport with a “cc” to Hon. Darren West and Mia Davies; and 2. Investigate and install roadside convex mirrors within car parks,

subject to Main Roads approval.

CEO / DCEO

ACTION: 1. Petitions were collected from Kellerberrin Townsite and submitted to the Minister for Transport and “cc’ to Hon. Rita Saffioti and Mia

Davies on 5th August 2019. 2. Mirror isn’t supported by Main Roads. Council to have lines painted on the parking area to see if this assists.

DATE ACTION TAKEN: 05/08/2019

MINUTE


RESPONSIBLE MIN 125/19 Establishment of Roadworks

Advisory Committee That Council;

1. establish the Roadworks Advisory Committee as per the terms of reference (with an amendment to the number of committee members)

2. elect the following members to the Roadworks Advisory Committee:

• Cr Rod Forsyth • Cr Matt Steber • Chief Executive Officer • Manager of Works Services • Mr Ric Newman • Mr Grant Gardiner

CEO / DCEO

ACTION: Committee was established. First meeting held 5th August 2019 DATE ACTION TAKEN: 05/08/2019

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MINUTE


RESPONSIBLE MIN 127/19 Proposed sale of 8 Ripper Street,

Kellerberrin That Council approve the sale of Council owned 8 Ripper Street, Kellerberrin to Shane Douglas Bubb and Madelaine Regina Bubb of Lot 100 Great Eastern Highway, Kellerberrin, WA, 6410, by private agreement for the sum of $85,000 subject to:

1. Council advertising the disposition of property for a

period of 14 days as per section 3.58 Local Government Act 1995, in a local newsletter and/or newspaper circulating in the District and/or Council Public Notice Board.

2. No submissions being received, Council authorises the Chief Executive Officer and Shire President to execute required Land Transfer documentation for Sale of Property.

CEO / PA

ACTION: Advertised 7th August 2019. Invites for submission are received up to 14th August 2019. DATE ACTION TAKEN: 07/08/2019

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MINUTE


RESPONSIBLE MIN 129/19 CBH Worker Accommodation That Council;

Approve the attached modified plans No. 2019-404-006 for worker accommodation to be located at 33 Bedford Street, Kellerberrin, with the following conditions; GENERAL CONDITIONS

1. Development may be carried out only in accordance with the details of the application as approved herein and any approved plan;

2. Development Approval will expire if the development is not substantially commenced within two years of the approval date; and

3. The East side of the worker accommodation shall be adequately screened with vegetation, to the desire of the Shire.

CEO / TP

ACTION: Letter issued 23rd July 2019 DATE ACTION TAKEN: 23/07/2019

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MINUTE


RESPONSIBLE MIN 130/19 Development Application: Shed That Council grants conditional development approval for the

construction of a shed that will exceed the following prescriptions in Residential Codes, State Planning Policy 3.1 by:

a) Boundary Setback: 1.5m (proposed 1.1m)

GENERAL CONDITIONS: i. Planning approval will expire if the

development is not substantially commenced within two years of this approval;

ii. The endorsed approved plans shall not be altered without prior written approval of the Shire;

iii. Use of the building shall be for domestic purposes only; and

iv. The outbuilding shall not be used for human habitation at any given time.

Advice Note: Planning approval is not considered building approval. A building permit shall also be obtained.

CEO / PA

ACTION: Letter issued 23rd July 2019. Planning application fee paid 29th July 2019 DATE ACTION TAKEN: 23/07/2019, 29/07/2019

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Ordinary Council Meeting – 20th August, 2019 Page 24

Agenda Reference: 11.1.3 Subject: CEACA Special General Committee Meeting Location: Kellerberrin Recreation Centre Applicant: CEACA Council File Ref: AGE - 03 Disclosure of Interest: Nil Date: 1st August, 2019 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________ Signature of CEO: BACKGROUND The Minutes of the recent Council Meeting of the Central East Aged Care Alliance of Councils (CEACA) held on Wednesday, 3rd July, 2019 held at the Kellerberrin Recreation Centre, are provided to Council formally, with the aim of providing a stronger link and partnership development between member Councils and CEACA to keep this Council abreast of forward/strategic planning initiatives of the Council Group and to consider outcomes from the CEACA Council Meetings. COMMENT Attached to this agenda item is a copy of the last CEACA Council Meeting Minutes held on Wednesday, 3rd July, 2019 held at the Kellerberrin Recreation Centre. The intent is to list minutes of each Council Meeting formally as compared to listing these minutes in the Information Bulletin section of Council’s monthly Agenda, ensures that Council is; a) aware of decision making and proposals submitted b) opportunity to prepare agenda items c) forward planning to commitments made by the full Council Group and; d) return the formality by Member Councils involved in the organization and provision of

Executive Support Services of CEACA. Resolutions arising out of the Wednesday, 3rd July, 2019 CEACA Council Meeting summarised hereunder, RESOLUTION: Moved: Quentin Davies Seconded: Darren Mollenoyux That the proposed Central East Aged Care Alliance Inc Constitution be amended as follows:

a) That Rule 2.2 in line 1 the word “papers” be amended to read “appears”; and b) That Rule 14.4(h) be amended to read:

“All Members, or other guests, may attend Management Committee Meetings if invited by the Management Committee but the person shall not have any right to comment without invitation, or any right to vote.”

CARRIED


SPECIAL RESOLUTION: Moved: Eileen O’Connell Seconded: Rachel Kirby That Central East Aged Care Alliance Inc adopt by Special Resolution the Constitution of the Association (new Constitution) as detailed in the attached Central East Aged Care Alliance Inc Constitution in substitution for the existing constitution.

CARRIED (10/0) FINANCIAL IMPLICATIONS (ANNUAL BUDGET) POLICY IMPLICATIONS STATUTORY IMPLICATIONS: Nil (not directly in regards to formalisation of the Group other following good administration practices in terms of researching and conducting the business requirements of the Group benchmarked against Minutes, Agenda and Meeting procedure standards- voluntary membership). STRATEGIC COMMUNITY PLAN IMPLICATIONS Participation in CEACA provides the Council the opportunity to develop and strengthen partnerships with neighbouring local governments to deliver identified local government services in a more cost effective and substantial manner for the benefit of each Council Member of CEACA. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLCATIONS COMMUNITY CONSULTATION Council and Councillors of the Shire of Kellerberrin CEACA Member Councils Staff Information re Minutes and Agendas of CEACA ABSOLUTE MAJOURITY REQUIRED No STAFF RECOMMENDATION That Council receive the Minutes of the Council Meeting of the Central East Aged Care Alliance of Councils (CEACA) held on Wednesday, 3rd July, 2019 COUNCIL RESOULTION MIN /19 MOTION - Moved Cr. 2nd Cr. CARRIED /

CENTRAL EAST AGED CARE ALLIANCE INC (CEACA) SPECIAL GENERAL

COMMITTEE MEETING

WEDNESDAY 3 JULY 2019, COMMENCING AT 12.04PM

MINUTES

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Central East Aged Care Alliance Inc Special General Committee Meeting 3 July 2019 2

CONTENTS

1. OPENING AND ANNOUNCEMENTS ........................................................................................ 3

2. RECORD OF ATTENDANCE AND APOLOGIES ..................................................................... 3

2.1 Attendance - Members ............................................................................................... 3

2.2 Attendance - Observers ............................................................................................. 4

2.3 Attendance - Guests ................................................................................................... 4

2.4 Apologies .................................................................................................................... 4

3. DECLARATION OF INTEREST ................................................................................................. 4

4. BUSINESS OF THE MEETING .................................................................................................. 5

4.1 Adoption of a New Constitution for the Central East Aged Care Alliance Inc (CEACA) (Attachments) ............................................................................................................. 5

5. FUTURE MEETINGS .................................................................................................................. 8

5.1 Meetings of the CEACA Committee ........................................................................... 8

5.2 Meetings of CEACA Executive Committee ................................................................ 8

6. CLOSE OF MEETING ................................................................................................................ 8

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Minutes

Central East Aged Care Alliance Inc (CEACA)

Special General Committee Meeting

The meeting commenced at 12.04pm

1. OPENING AND ANNOUNCEMENTS In accordance with the current Constitution (Clause 19.16), a Special General Meeting of the CEACA Committee has been called. The purpose of the meeting is to approve the new CEACA constitution. Chair Terry Waldron opened the meeting at 12.04pm welcoming all in attendance. In opening the meeting he took the opportunity to formally introduce the new Executive Officer Nicholas Hopkin. He also thanked Bruce Wittber for his work in the Executive Officer role during Helen Westcott’s absence.

2. RECORD OF ATTENDANCE AND APOLOGIES

2.1 Attendance - Members Hon Terry Waldron JP, Chair Mr Ken Hooper, Secretary Ms Rachel Kirby, Treasurer Mr Quentin Davies, Member Mr Wayne Della Bosca, Member Mr Rod Forsyth, Member Mr Louis Geier, Member Ms Eileen O’Connell, Member Ms Freda Tarr, Member Mr Peter Clarke, Deputy Member Ms Kerry Dayman, Deputy Member Ms Taryn Dayman, Deputy Member Mr Raymond Griffiths, Deputy Member Mr Darren Mollenoyux, Deputy Member (voting Member for the meeting) Mr Tony Sachse, Deputy Member Mr George Storer, Deputy Member (voting Member for the meeting) Mr Bruce Wittber, Joint Executive Officer

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2.2 Attendance - Observers Ms Kellie Bartley, A/CEO Shire of Merredin Mr Adam Majid, CEO Shire of Nungarin Mr John Nuttall, CEO Shire of Mt Marshall Mr Darren Simmons, CEO Shire of Koorda Mr Nicholas Hopkin, Incoming CEACA Executive Officer

2.3 Attendance - Guests Nil

2.4 Apologies Mr Gary Shadbolt, Member Mr Ricky Storer, Member Mr Stephen Strange, Member Mr Greg Powell, CEO Shire of Merredin Mr Dirk Sellenger, CEO Shire of Mukinbudin Mr Brian Jones, CEO Shire of Trayning Mr Jamie Criddle, CEO Shire of Westonia Ms Helen Westcott, Joint Executive Officer

3. DECLARATION OF INTEREST Pursuant to Clause 21 of the Central East Aged Care Alliance Inc Constitution, Members must declare to the Chair any potential conflict of interest they may have in a matter before the meeting as soon as they become aware of it. Members and Deputies may be directly or indirectly associated with some recommendations of Central East Aged Care Alliance Inc. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations. This is in accordance with Clause 21.4 of the Constitution which states: 21.4 When a member or employee discloses a pecuniary interest he or she may neither

participate in discussions nor take any part in the decision making process in respect to

that matter nor be present when the matter is being discussed or voted upon.

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4. BUSINESS OF THE MEETING

4.1 Adoption of a New Constitution for the Central East Aged Care Alliance Inc (CEACA) (Attachments)

Author: Helen Westcott, Executive Officer Disclosure of Interest: No interest to disclose Date: 31 May 2019 Attachments: Final Draft of New CEACA Constitution (as at 29 May 2019) New CEACA Constitution – Summary of Changes (as at 29 May 2019) Deloitte’s Memo – Constitution review for the purposes of CEACA’s

Application to the Australian Charities and Not-for-Profits Commission Application for Registration as a Charitable Organisation

Background: At a Special General Meeting on 7 March 2018 the matter of the adoption of a new CEACA Constitution was considered when the motion was lost 4/7. Since that time, efforts have been ongoing to rewrite the CEACA Constitution. A working group was established to oversee the work associated with the redrafting of the CEACA Constitution, with the legal firm Kott Gunning available to assist in this process. A draft of the proposed Constitution was developed by Kott Gunning and sent to the working group who expressed some concern with the wording around Foundation Members. On 3 May 2019 Kott Gunning Lawyers (Greg Mohen and Phillip Mavor) met with CEACA Executive Officer (Helen Westcott and Bruce Wittber) and John Nuttall representing the working group. Recognising that the CEACA Constitution needed to contain appropriate wording to apply for registration as a charity by the Australian Charities and Not for Profit Commission (ACNC) it was agreed that Kott Gunning word prepare two versions (A and B) of the CEACA Constitution. Kott Gunning advised in respect to each version as follows:

Version A is the version previously submitted to CEACA which has Reserve Powers set out in rule 30 to be exercised by the Foundation General Members, but still only guarantees that at least 1 Foundation General Member is on the Executive Committee. The reality of the membership is that it is unlikely that there will be any change to the membership group in the next 2 to 3 years in any event which will mean that all of the Executive Committee will be made up during that time of persons nominated by Foundation General Members. It has been slightly revised to make it clear that at the end of the Reserve Power Period of 3 years the veto of levies and the minimum membership of the Executive Committee provisions cease. Version B has a substantially different rule 30. In this version the Reserve Power Period is 2 years. For a 2 year period the members nominate a Foundation Member Committee. That Committee comprises 1 representative from each Foundation General Member, and that Committee will appoint an Executive Committee from the members of the Foundation Member Committee for the term of 2 years. The Foundation Member Committee then

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meets 4 times a year and exercises the wider Reserve Powers requested by John Nutall which includes the approval of the annual budget of CEACA.

It was agreed at the meeting on 3 May 2019 that both versions would be provided to Deloitte’s, who has been advising CEACA in relation to the application to the ACNC, to seek their opinion on which version has the better chance of being accepted by the ACNC and achieving the registration. This resulted in Deloitte’s advising that Version A has the better chance of getting through the ACNC and achieving the registration of the Association. The opinion provided forms an attachment to the meeting agenda. Executive Officer Comment: Kott Gunning Lawyers has now prepared a final draft of a new CEACA Constitution for CEACA’s consideration. A copy of this draft, together with a document outlining a Summary of Changes prepared by Kott Gunning, forms an attachment to the meeting agenda. As outlined above, two version of the proposed CEACA Constitution was referred to Deloitte’s for comment. Deloitte’s review supported the draft Constitution that is being submitted to CEACA Members subject to one minor change to the Rules. Details of the advice are outlined in Deloitte’s Memo – Constitution review for the purposes of ACNC application which is also attached. The Chair and former A/Chair have been briefed by Deloitte’s on the proposed Constitution. In adopting its new constitution CEACA needs also to be aware of its responsibilities under the Association Incorporations Act 2015 (the Act). S30 of the Act outlines the process for alteration of the rules (Constitution).

S33 of the Act outlines the process for alteration of the objects or purpose of the Association.

The Act also outlines how a resolution can be passed.

S51 of the Act outlines that a Special Resolution is as follows:

For the purposes of this Act, a resolution is a special resolution if it is passed — (a) at a general meeting of an incorporated association; and (b) by the votes of not less than three-fourths of the members of the association who cast a

vote at the meeting. RECOMMENDATION (SPECIAL RESOLUTION): That Central East Aged Care Alliance Inc adopt by Special Resolution the Constitution of the Association (new Constitution) as detailed in the attached Central East Aged Care Alliance Inc Constitution in substitution for the existing constitution.

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RESOLUTION: Moved: Quentin Davies Seconded: Darren Mollenoyux

That the proposed Central East Aged Care Alliance Inc Constitution be amended as follows:

a) That Rule 2.2 in line 1 the word “papers” be amended to read “appears”; and

b) That Rule 14.4(h) be amended to read:

“All Members, or other guests, may attend Management Committee Meetings if invited by the Management Committee but the person shall not have any right to comment without invitation, or any right to vote.”

CARRIED

SPECIAL RESOLUTION: Moved: Eileen O’Connell Seconded: Rachel Kirby

That Central East Aged Care Alliance Inc adopt by Special Resolution the Constitution of the Association (new Constitution) as detailed in the attached Central East Aged Care Alliance Inc Constitution in substitution for the existing constitution.

CARRIED (10/0)

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5. FUTURE MEETINGS

5.1 Meetings of the CEACA Committee Wednesday 4 September 2019 Ordinary Committee Meeting (Venue to be determined) Wednesday 6 November 2019 AGM and Ordinary Committee Meeting

5.2 Meetings of CEACA Executive Committee Wednesday 14 August 2019 Wednesday 16 October 2019 Meetings will either be via teleconference or in-person, with the venue being Perth or Kellerberrin.

6. CLOSE OF MEETING

There being no further business the meeting was declared closed at 12.28pm.

DECLARATION

These minutes were confirmed by the Central East Aged Care Alliance Inc Committee at the meeting held

Signed _______________________________ Person presiding at the meeting at which these minutes were confirmed

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Agenda Reference: 11.1.4 Subject: Expression of Interest for Sale of Items Location: Shire of Kellerberrin Applicant: File Ref: ENG31 Record Ref: ICR192131 Disclosure of Interest: Mr Raymond Griffiths Date: 12 August 2019 Author: Ms Kate Dudley, Deputy Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO:

BACKGROUND The Council invited expression of interest for the purchase of the following Machinery/Equipment pursuant to the Local Government Act 1995 (Section 3.58 (1))

• 2000 White Mitsubishi Magna • Tri-axle Water Tanker Trailer • Glass Doors

1x ex-hardware wooden frame 1x steel frame, sliding door

The expression of interest was advertised over a period of two weeks through the Pipeline, the Shire of Kellerberrin Facebook page and webpage, with a closing date of Friday, 9 August at 12.00pm. COMMENT In this period there were two expressions of interest received;

• Ms Jasmin Griffiths made an offer of $500.00 for the 2000 Mitsubishi Magna

• Mr Josh Nicholls on behalf of JFH Nicholls and Son made an offer of $3500.00 for the Tri-axle Water Tanker

On Friday 9 August the Deputy Chief Executive Officer and Manager of Works Services reviewed and discussed the two expressions of interest that were received. After comparing market prices, officers are of the view that the offer of $500.00 for the 2000 Mitsubishi Magna be approved and the offer of $3500.00 for the Tri-axle Water Tanker not be approved. FINANCIAL IMPLICATIONS Shire of Kellerberrin 2019/20 Budget – Council has no funds allocated for proceeds on sale of these assets. POLICY IMPLICATIONS Nil STATUTORY IMPLICATIONS Local Government Act 1995 – Part 3, Division 3 Section 3.58

(2) Except as stated in this section, a local government can only dispose of property to;


a. the highest bidder at public auction; or b. the person who at public tender called by he local government makes what is, in the

opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property; gives local public notice of the proposed disposition

i. describing the property concerned; ii. giving details of the proposed disposition; and iii. inviting submissions to be made to the local government before a date to be

specified in the notice, being a date not less than 2 weeks after the date specified in the notice is first given;

and

b. it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include; a. the names of all other parties concerned; b. the consideration to be received by the local government for the disposition; and c. the market value of the disposition as ascertained by a valuation carried out not more

than 6 months before the proposed disposition.

3.59. Commercial enterprises by local governments

(1) In this section — acquire has a meaning that accords with the meaning of “dispose”; dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not; land transaction means an agreement, or several agreements for a common purpose,

under which a local government is to — (a) acquire or dispose of an interest in land; or (b) develop land; major land transaction means a land transaction other than an exempt land transaction if

the total value of — (a) the consideration under the transaction; and (b) anything done by the local government for achieving the purpose of the

transaction, is more, or is worth more, than the amount prescribed for the purposes of this definition; major trading undertaking means a trading undertaking that — (a) in the last completed financial year, involved; or (b) in the current financial year or the financial year after the current financial year, is

likely to involve, expenditure by the local government of more than the amount prescribed for the purposes of

this definition, except an exempt trading undertaking; trading undertaking means an activity carried on by a local government with a view to

producing profit to it, or any other activity carried on by it that is of a kind prescribed for the purposes of this definition, but does not include anything referred to in paragraph (a) or (b) of the definition of “land transaction”.

(2) Before it — (a) commences a major trading undertaking; (b) enters into a major land transaction; or (c) enters into a land transaction that is preparatory to entry into a major land

transaction,


a local government is to prepare a business plan.

(3) The business plan is to include an overall assessment of the major trading undertaking or major land transaction and is to include details of —

(a) its expected effect on the provision of facilities and services by the local government; (b) its expected effect on other persons providing facilities and services in the district; (c) its expected financial effect on the local government; (d) its expected effect on matters referred to in the local government’s current plan

prepared under section 5.56; (e) the ability of the local government to manage the undertaking or the performance of

the transaction; and (f) any other matter prescribed for the purposes of this subsection.

(4) The local government is to — (a) give Statewide public notice stating that — (i) the local government proposes to commence the major trading undertaking or

enter into the major land transaction described in the notice or into a land transaction that is preparatory to that major land transaction;

(ii) a copy of the business plan may be inspected or obtained at any place specified in the notice; and

(iii) submissions about the proposed undertaking or transaction may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

and (b) make a copy of the business plan available for public inspection in accordance with

the notice.

(5) After the last day for submissions, the local government is to consider any submissions made and may decide* to proceed with the undertaking or transaction as proposed or so that it is not significantly different from what was proposed.

* Absolute majority required.

(5a) A notice under subsection (4) is also to be published and exhibited as if it were a local public notice.

(6) If the local government wishes to commence an undertaking or transaction that is significantly different from what was proposed it can only do so after it has complied with this section in respect of its new proposal.

(7) The local government can only commence the undertaking or enter into the transaction with the approval of the Minister if it is of a kind for which the regulations require the Minister’s approval.

(8) A local government can only continue carrying on a trading undertaking after it has become a major trading undertaking if it has complied with the requirements of this section that apply to commencing a major trading undertaking, and for the purpose of applying this section in that case a reference in it to commencing the undertaking includes a reference to continuing the undertaking.

(9) A local government can only enter into an agreement, or do anything else, as a result of which a land transaction would become a major land transaction if it has complied with the requirements of this section that apply to entering into a major land transaction, and for the purpose of applying this section in that case a reference in it to entering into the transaction includes a reference to doing anything that would result in the transaction becoming a major land transaction.

(10) For the purposes of this section, regulations may —


(a) prescribe any land transaction to be an exempt land transaction; (b) prescribe any trading undertaking to be an exempt trading undertaking.

[Section 3.59 amended by No. 1 of 1998 s. 12; No. 64 of 1998 s. 18(1) and (2).] STRATEGIC COMMUNITY PLAN IMPLICATIONS CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) Nil TEN YEAR FINANCIAL PLAN IMPLICATIONS Nil COMMUNITY CONSULTATION The Expression of Interest was advertised for a period of two weeks through the Pipeline, Shire of Kellerberrin Facebook page and webpage. ABSOLUTE MAJORITY REQUIRED Yes STAFF RECOMMENDATION That Council:

1. approves the sale of the 2000, Mitsubishi Magna by private agreement, to Ms Jasmin Griffiths for the sum of $500.00 including GST and authorises for the Deputy Chief Executive Officer and Shire President to execute the transfer of registration documentation.

2. delegates authority to the Chief Executive Officer to enter into further negotiations for the sale of the Tri-axle Water Tanker and glass doors.

COUNCIL RESOULTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /

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Agenda Reference: 11.1.5 Subject: Membership on the Roadworks Advisory Committee Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: ENG45.1 Record No.: Disclosure of Interest: Date: 12 August 2019 Author: Kate Dudley, Deputy Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council’s July Ordinary Meeting of Council – 23rd July 2019 MIN125/19 MOTION - Moved Cr. Leake 2nd Cr. O’Neill That Council;

1. establish the Roadworks Advisory Committee as per the terms of reference (with an amendment to the number of committee members)

2. elect the following members to the Roadworks Advisory Committee: • Cr Rod Forsyth • Cr Matt Steber • Chief Executive Officer • Manager of Works Services • Mr Ric Newman • Mr Grant Gardiner

CARRIED 6/0 BY ABSOLUTE MAJORITY

In accordance with the Local Government Act 1995 and section 5.8. Establishment of Committees. A local government may establish committees of three or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees. COMMENT Council after the establishment of the abovementioned committee received interest from Mr Mark Ryan and Mr Kelvin Tiller, both parties where requested to attend the first Roadworks Advisory Committee held on Tuesday, 6 August, as observers. Mr Tiller and Mr Ryan expressed interest in becoming members on the Roadworks Advisory Committee. Officers are of the view that additional members will be beneficial to committee. FINANCIAL IMPLICATIONS Nil POLICY IMPLICATIONS Nil


STATUTORY IMPLICATIONS Section 5.10(4) of the Act provides that the Council must appoint the President to each Committee if the President informs the Shire of their wish to be a member of a particular Committee. The Committee, once appointed, must select a Presiding Member at its first meeting. Section 5.10 (5) of the Act provides for the CEO or their delegate to be appointed to a Committee that has or will have an employee if the CEO so wishes. STRATEGIC COMMUNITY PLAN IMPLICATIONS This matter aligns with Goal 13 “Council leads the organisation and engages with the community in an accountable and professional manner” and particularly 13.1 Develop and maintain our integrated planning documents. CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) Nil LONG TERM FINANCIAL PLAN IMPLICATIONS Nil ABSOLUTE MAJORITY REQUIRED Yes STAFF RECOMMENDATION That the Council elect to add the following community members to the Roadworks Advisory Committee;

• Mr Kelvin Tiller • Mr Mark Ryan


CARRIED / BY ABSOLUTE MAJORITY


Agenda Reference: 11.1.6 Subject: Procedure for making local laws – Animals, Environment and

Nuisance Local Law 2019 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: LLAW-08 Record Number Disclosure of Interest: N/A Date: 12th August 2019 Author: Mr Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND The Local Government Act 1995 (the Act), requires that the Council must every eight (8) years after adoption of any Local Law, or the last review, conduct a review of the Local Law to ensure that is still retains currency. Generally and specifically the first part of the review was to establish whether there were any Local Laws that were considered obsolete and consequently requiring repeal without being replaced. The Department of Local Government Local Laws Register has been referred to. There are two situations that may lead to the repeal of a Local Law;

1. Repealing a local law with the intent of making a new Local Law for substantially the same purpose, but reflecting contemporary practices ie new Standing Orders Local Law that reflects contemporary meeting procedure practices; or

2. A Local Law is deemed to be no longer necessary, has a defunct purpose or has been superseded by other legislation.

It is appropriate to point out that any outcomes from a review that result in amendments to a Local Law must then be processed as though it was a change to the Local Law and the amendments formally adopted using S3.12 of the Act. Council’s February 2019 Ordinary Meeting of Council – 12th February 2019

MIN 011/19 MOTION - Moved Cr. Reid 2nd Cr. Steber That Council:

1. Proceed with the procedure for making the following Local Law as per the Department of Local Government Laws Register in accordance with section 3.12 of the Local Government Act 1995; • Animal, Environment and Nuisance Local Law

2. Provide state wide public notice for the purpose and effect of the proposed Animal,

Environment and Nuisance Local Law in accordance with section 3.12 (3a) of the Local Government Act 1995:

CARRIED 6/0

BY ABSOLUTE MAJORITY COMMENT

Council after adopting its draft local law in February 2019 followed the due process for making the local law, however the template in which Council used required amendments. The amendments were


deemed to be amending the Local Law significantly therefore recommended to recommence the process. Council at this point didn’t understand why an adopted previous local law template all of the sudden isn’t applicable. Therefore Council has found a new template from the Shire of Cunderdin which was adopted and received in 2019. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Council believes the cost of advertising the initial stage could be up to $2,000.

G/L Number Description Budget Actual Available Funds

042001 Advertising $5,000 $138 $4,862 POLICY IMPLICATIONS – Nil STATUTORY IMPLICATIONS Local Government Act 1995 (as amended)

2.7. Role of council

(1) The council — (a) governs the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies.

[Section 2.7 amended by No. 17 of 2009 s. 4.]

3.1. General function

(1) The general function of a local government is to provide for the good government of persons in its district.

(2) The scope of the general function of a local government is to be construed in the context of its other functions under this Act or any other written law and any constraints imposed by this Act or any other written law on the performance of its functions.

(3) A liberal approach is to be taken to the construction of the scope of the general function of a local government.

3.12. Procedure for making local laws

(1) In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

(2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

(3) The local government is to — (a) give Statewide public notice stating that — (i) the local government proposes to make a local law the purpose and effect of

which is summarized in the notice;


(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.


(4) After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

* Absolute majority required.

(5) After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

(6) After the local law has been published in the Gazette the local government is to give local public notice —

(a) stating the title of the local law; (b) summarizing the purpose and effect of the local law (specifying the day on which it

comes into operation); and (c) advising that copies of the local law may be inspected or obtained from the local

government’s office.

(7) The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

(8) In this section — making in relation to a local law, includes making a local law to amend the text of, or repeal,

a local law.

[Section 3.12 amended by No. 1 of 1998 s. 8; No. 64 of 1998 s. 6; No. 49 of 2004 s. 16(4) and 23.]

3.16. Periodic review of local laws

(1) Within a period of 8 years from the day when a local law commenced or a report of a review of the local law was accepted under this section, as the case requires, a local government is to carry out a review of the local law to determine whether or not it considers that it should be repealed or amended.

(2) The local government is to give Statewide public notice stating that — (a) the local government proposes to review the local law; (b) a copy of the local law may be inspected or obtained at any place specified in the

notice; and (c) submissions about the local law may be made to the local government before a day

to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.



(3) After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.

(4) When its council has considered the report, the local government may determine* whether or not it considers that the local law should be repealed or amended.

* Absolute majority required. [Section 3.16 amended by No. 64 of 1998 s. 7; No. 49 of 2004 s. 24.]

3.17. Governor may amend or repeal local laws

(1) The Governor may make local laws to amend the text of, or repeal, a local law.

(2) Subsection (1) does not include the power to amend a local law to include in it any provision that bears no reasonable relationship to the local law as in force before the amendment.

(3) The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.

(4) Section 5.94 applies as if a local law made under this section by the Governor were a local law made by the local government in accordance with section 3.12.

Local Government (Functions and General) Regulations 1996.

Part 1A — Local laws [Heading inserted in Gazette 11 Sep 1998 p. 4927.]

2A. Matters about which local laws are not to be made (Act s. 3.5)

Local laws are not to be made — (a) requiring the payment of fees or charges for the parking of vehicles on any land

under the care, control or management of a local government in any part of the district of Cottesloe west of Broome Street; or

(b) enabling such a requirement to be imposed.

[Regulation 2A inserted in Gazette 11 Sep 1998 p. 4927.] 3. Prescribed manner of giving notice of purpose and effect of proposed local law

(Act s. 3.12(2))

For the purpose of section 3.12 of the Act, the person presiding at a council meeting is to give notice of the purpose and effect of a local law by ensuring that —

(a) the purpose and effect of the proposed local law is included in the agenda for that meeting; and

(b) the minutes of the meeting of the council include the purpose and effect of the proposed local law.

[Regulation 3 inserted in Gazette 31 Mar 2005 p. 1057; amended in Gazette 27 Sep 2011 p. 3846.]

Interpretation Act 1984 Section 43(4) describes the requirements to amend subsidiary legislation S3.16 of the Act requires the Council to carry out a formal review of its Local Laws every 8 years. Following the review of the Local Laws any amendments will be processed in accordance with S3.12 of the Act STRATEGIC COMMUNITY PLAN IMPLICATIONS


3 Governance

Refers to the organisational leadership and the way we aspire to be led

To have community leaders and elected community representatives that protect and promote the interests, aspirations and desires of our community.

We acknowledge that Council’s operations could improve by enhancing our planning capabilities and fostering an open, transparent and honest relationship between Council representatives and our community members.

We understand there is a concern that our present community is fragmented and we aspire to create a stronger and more unified community spirit.

Our Strategic Priorities and Goals In recognition of our community’s aspirations, we have identified seven key strategic priorities. These strategic priorities represent our ultimate community aspirations and, with Council’s assistance, will strive to achieve to become a Shire that displays strength, unity, leadership and diversity.

Theme 3: Leadership To be led by an open, honest and transparent government. 3.1 Our Elected

Representatives provide effective, respected and progressive leadership.

3.1.1 To lead and govern in a fair, transparent, ethical and responsive manner.

3.1.2 To inform the community of activities and events that may have an impact on the way they live and/or where they live.

3.1.3 To actively engage and consult with the community to ensure they have the opportunity to have a say and be heard.

3.1.4 To actively pursue a positive community spirit and support.

Our Stakeholders and Partners The community recognises that whilst Council can lead and facilitate the delivery of many of these strategies and goals, the successful implementation of these initiatives will also be largely dependent on participation by other external parties, such as community groups, and State and Federal Government agencies. Listed below are the key stakeholders who may influence the successful delivery of each of Council’s goals.

Theme 3: Leadership 3.1.1 To lead and govern in a fair, transparent, ethical and responsive

manner.





An Overview

Our community has identified a desire to have a Council that is honest, transparent and open. An effective Council should:

Encourage and be open to community consultation;

Encourage community participation and community involvement;

Provide greater opportunities for community participation in activities and events;

Actively pursue opportunities that will unify the community and develop a stronger community spirit.

Our Objective

To provide the community with a strong and trusted Council, with members and representatives listening and responding to the needs of the community.

Our Desired Outcomes

A strong and progressive and community focused government leading the community

Our Goals

3.1.1 To lead and govern in a fair, transparent, ethical and responsive manner.




CORPORATE BUSINESS PLAN IMPLCATIONS Nil (Including Workforce Plan and Asset Management Plan Implications) LONG TERM FINANCIAL PLAN IMPLCATIONS Nil COMMUNITY CONSULTATION Chief Executive Officer Deputy Chief Executive Officer ABSOLUTE MAJORITY REQUIRED Yes STAFF RECOMMENDATION That Council:

1. Proceed with the procedure for making the following Local Law as per the Department of Local Government Laws Register in accordance with section 3.12 of the Local Government Act 1995; • Animal, Environment and Nuisance Local Law

2. Provide state wide public notice for the purpose and effect of the proposed Animal,

Environment and Nuisance Local Law in accordance with section 3.12 (3a) of the Local Government Act 1995:

BY ABSOLUTE MAJORITY



CARRIED /

SHIRE OF KELLERBERRIN

ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2019

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Shire of Kellerberrin Animals, Environment and Nuisance Local Law 2019 i


Animals, Environment and Nuisance Local Law 2019

CONTENTS

Part 1 — Preliminary

1.1 Citation 1.2 Commencement 1.3 Application 1.4 Interpretation

Part 2 — Keeping of animals

Division 1 — Animals 2.1 Interpretation 2.2 Cleanliness 2.3 Animal enclosures

Division 2 — Keeping of birds 2.4 Keeping of poultry and pigeons in a residential zone 2.5 Application for approval to keep poultry and pigeons in a residential zone 2.6 Conditions for keeping of poultry 2.7 Roosters, geese, turkeys and peafowl 2.8 Conditions for keeping of pigeons 2.9 Termination of approval to keep poultry or pigeons 2.10 Restrictions on pigeon nesting and perching 2.11 Conditions of keeping aviary birds 2.12 Nuisance caused by birds

Division 3 — Keeping of bees 2.13 Permit required to keep bees 2.14 Application for a permit 2.15 Determination of application 2.16 Conditions of approval 2.17 Variation or cancellation of permit and conditions 2.18 Permit holder to notify cessation of registration or keeping of bees 2.19 Permit not transferable 2.20 Nuisance 2.21 Notice to remove bees

Division 4 — Keeping of farm animals 2.22 Permit required to keep farm animals 2.23 Application for a permit to keep farm animals 2.24 Determination of application to keep farm animals 2.25 Conditions of approval to keep farm animals 2.26 Variation or cancellation of permit to keep farm animals and conditions of permit 2.27 Conditions for keeping farm animals 2.28 Keeping a miniature horse 2.29 Keeping a miniature pig 2.30 Requirements for farm animal shelters

Division 5 — Livestock 2.31 Livestock not to stray

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Shire of Kellerberrin Animals, Environment and Nuisance Local Law 2019 ii

2.32 Property to be fenced

Part 3 — Building, development and land care

Division 1 — Litter and refuse on building sites 3.1 Provision of refuse receptacles 3.2 Control of refuse 3.3 Unauthorised storage of materials

Division 2 — Prevention of dust and liquid waste 3.4 Prohibited activities 3.5 Dust management

Division 3 — Smoke 3.6 Burning of cleared vegetation prohibited

Division 4 — Unsightly land and disused materials 3.7 Removal of refuse and disused materials 3.8 Removal of unsightly overgrowth of vegetation 3.9 Storage of vehicles, vessels and machinery 3.10 Disposing of disused refrigerators or similar containers

Division 5 — Hazardous materials 3.11 Hazardous trees

Part 4 — Nuisances and dangerous things

Division 1 — Light 4.1 Use of exterior lights 4.2 Emission or reflection of light 4.3 Notice may require specified action to prevent emission or reflection of light

Division 2 — Smoke, fumes, odours and other emissions 4.4 Burning rubbish, refuse or other material 4.5 Escape of smoke, fumes, odours and other emissions

Division 3 — Trucks 4.6 Livestock vehicles 4.7 Truck noise from residential land

Division 4 — Swimming pool backwash management 4.8 Disposal of swimming pool backwash

Division 5 — Stormwater management 4.9 Containment of stormwater

Division 6 — Amusement activities 4.10 Nuisance

Division 7 — Advertising, bill posting and junk mail 4.11 Exemptions

Division 8 — Bird nuisance 4.12 Restrictions on feeding of birds

Part 5 — Objections and appeals

5.1 Objections and appeals

Part 6 — Enforcement

Division 1 — Notice of breach 6.1 Notice of breach 6.2 Form of notices 6.3 When local government may undertake work required by notice

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Shire of Kellerberrin Animals, Environment and Nuisance Local Law 2019 iii

Division 2 — Offences and penalties Subdivision 1 — General

6.4 Offences and penalties Subdivision 2 — Infringement notices and modified penalties

6.5 Prescribed offences 6.6 Form of infringement notices 6.7 Entry into private land

Schedule 1 — Prescribed offences

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Shire of Kellerberrin Animals, Environment and Nuisance Local Law 2019 1

LOCAL GOVERNMENT ACT 1995


ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2019

Under the powers conferred by subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Kellerberrin resolved on the ----------- 2019 to make the following local law.

Part 1 — Preliminary

1.1 Citation

This local law may be cited as the Shire of Kellerberrin Animals, Environment and Nuisance Local Law 2019.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Application

This local law applies throughout the district.

1.4 Interpretation

(1) In this local law, unless the context specifies otherwise —

Act means the Local Government Act 1995;

affiliated person means a person who is a member of a poultry or pigeon club incorporated under the Associations Incorporation Act 2015;

amusement means anything usually conducted for amusement at a fair, a carnival or a show, whether conducted at a fair, a carnival or a show or elsewhere;

approved animal means any farm animal which is the subject of a permit;

AS/NZS 3500 means the standard called “Plumbing and Drainage” published by the Standard Association of Australia;

authorised person means a person appointed by the local government, under section 9.10 of the Act to perform all or any of the functions conferred on an authorised person under this local law;

aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an aviary or cage;

birds includes poultry;

builder means the holder of a building permit issued in respect of building works on a building site or a person in control of a building site;

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Building Code means the latest edition of the Building Code of Australia published by, or on behalf of, the Australian Building Codes Board, as amended from time to time, but not including explanatory information published with the Building Code;

building permit has the meaning given to it by the Building Act 2011;

building site means any lot for which a building permit is current;

Class 6 building means any Class 6 building as defined by the Building Code;

Class 9 building means any Class 9 building as defined by the Building Code;

Code of Practice – Pigeon Keeping means the document entitled A Code of Practice –May 1994 – Pigeon Keeping and Pigeon Racing published in May 1994 by the Pigeon Racing Federation of WA (Incorporated) and the Independent Racing Pigeon Federation (Incorporated), as amended from time to time;

cow includes an ox, calf or bull;

development has the meaning given to it in the Planning and Development Act 2005;

development approval means a development approval under a local planning scheme;

development site includes any lot or lots for which there is currently a development or subdivision approval, and any lot or lots upon which construction work, earthworks, clearing of scrub, trees or overgrowth or any other site works are taking or have taken place;

district means the district of the local government;

disused means, in relation to any thing whatsoever, that the thing: (a) is not in use for the purpose for which it was designed or appears to have been

designed or intended; or (b) has been stored or left stationary on land in the district for more than 1 month;

dust means any visible granular or particulate material which has or has the potential to become airborne and includes organic and non-organic matter and sand, but does not include smoke;

EHO means an Environmental Health Officer appointed by the local government under the Act and includes any acting or Assistant Environmental Health Officer;

equipment means equipment, machinery or vehicles used for, or in connection with, the development of land;

farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer, alpaca, pig (excluding a miniature pig) or any other animal so classified by the local government;

food premises includes the meaning of “food” as given under section 9 of the Food Act 2008 and the meaning of “food business”, as given under section 10 of the Food Act 2008;

garden refuse means clippings or pruning’s from trees or shrubs or lawn clippings or a combination thereof;

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horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes an ass, mule, donkey and any beast of whatever description used for burden or draught or for carrying persons;

land includes any building or structure on the land;

liquid waste means waste from any process or activity that is in liquid form and includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal waste, food waste, effluent and all discharges of liquid to land, air or water that are not otherwise authorised by a written law but does not include uncontaminated stormwater;

livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or alpaca;

livestock vehicle means a vehicle that contains livestock or previously has been used for the carriage of livestock;

local government means the Shire of Kellerberrin;

local planning scheme has the meaning given to it by the Planning and Development Act 2005;

lot has the meaning given to it by the Planning and Development Act 2005;

manure receptacle means a receptacle of sufficient capacity to receive all manure produced in one week on premises upon which a farm animal or farm animals are kept, constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged cover and with no part of the floor lower than the adjoining ground;

miniature horse means a horse which meets the standard and height for a miniature horse as described by the Miniature Horse Association of Australia Inc;

miniature pig means a pig that does not exceed 650 millimetres in height as an adult and weighs less than 55 kilograms;

nuisance means — (a) an activity or condition which is harmful or annoying and which gives rise to

legal liability in the tort of public or private nuisance at law; (b) an unreasonable interference with the use and enjoyment of a person of his or

her ownership or occupation of land; or (c) interference which causes material damage to land or other property on the

land affected by the interference;

occupier means any person who is in control of any land or part of any land or authorised by the owner, lessee, licensee or any other person empowered to exercise control in relation to land to perform any work in relation to any land and includes a builder or contractor;

permit means a permit issued under this local law;

permit holder means a person who holds a valid permit;

pigeon includes homing pigeons and other domesticated breeds of the species Columba livia, but does not include native pigeons or doves whether or not the keeping of such birds is subject to the approval of the Department of Biodiversity, Conservation and Attractions;

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poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls, pheasants and other birds commonly kept for the production of eggs or meat for domestic consumption;

refuse means any waste material including bricks, lime, cement, concrete, rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood or metal shavings, sawdust, and waste food, and includes any broken, used, derelict or discarded matter;

Regulations means the Local Government (Functions and General) Regulations 1996;

residential building has the meaning given to it in the Residential Design Codes of Western Australia as amended;

residential zone includes any area zoned “Residential” and “Urban Development” under a local planning scheme;

rural zone means any area zoned “Rural” or “Rural Residential” under a local planning scheme;

sand means granules or particles of rock, earth, clay, loam, silt and any other granular, particulate or like material including dust and gravel;

stormwater means any naturally occurring water that results from rainfall on or around a site, or water flowing onto the site;

street means any highway or thoroughfare which the public is entitled to use, including the verge and other things including bridges and culverts appurtenant to it;

subdivision approval means a subdivision approval under the Planning and Development Act 2005;

townsite includes the townsites of Kellerberrin, Doodlakine and Baandee which are — (a) constituted under section 26(2) of the Land Administration Act 1997; or (b) referred to in clause 37 of Schedule 9.3 of the Act;

truck means a motor vehicle having a tare weight in excess of 3,000 kilograms;

unreasonable noise has the meaning given to it by the Environmental Protection Act 1986; and

vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other animal, whether vertebrate or invertebrate, which is known to be a vector of disease or likely to cause damage to human food, habitation or possessions.

(2) Any other expression used in this local law and not defined herein shall have the meaning given to it in the Act.

(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or occupier” the duty shall be deemed to be imposed jointly and severally on each owner and occupier.

(4) Where, under this local law, the local government is authorised to carry out actions, or cause to be undertaken works, as a consequence of the failure of any person to comply with the terms of a notice or other conduct, the right to enter land is at all times subject to the provisions of Part 3, Division 3, subdivision 3 of the Act.

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Part 2 — Keeping of animals

Division 1 — Animals

2.1 Interpretation

In this Division, unless the context otherwise requires —

animal includes cats, dogs, rabbits and ferrets or the like;

catteries are premises registered for the breeding or caring of cats;

manure bin means a receptacle constructed of smooth, impervious material and in such a manner as to be easily cleaned, which has a tight fitting lid or cover to prevent the release of odours and prevent the entry of flies;

2.2 Cleanliness

An owner or occupier of premises in or on which a dog, cat or other animal is kept shall —

(a) keep the premises free from excrement, filth, food waste and all other matter which is or is likely to become offensive or injurious to health, or to attract rats or other vectors of disease;

(b) when so directed by an EHO, clean and disinfect the premises; and (c) keep the premises, so far as possible, free from flies or other vectors of

disease, by spraying with a residual insecticide or other effective means.

2.3 Animal enclosures

(1) A person shall not keep or cause, or permit to be kept, any animals on premises which are not effectively drained or of which the drainage flows to the walls or foundations of any building.

(2) The owner or occupier of premises where animals are kept shall, when directed by an EHO, pave, grade and drain the floors of all structures and the surface of the ground of all enclosures used for the keeping of animals.

Division 2 — Keeping of birds

2.4 Keeping of poultry and pigeons in a residential zone

(1) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises any poultry or pigeons —

(a) unless approved by the local government in accordance with clause 2.6; and (b) otherwise than in accordance with subclause (2).

(2) An owner or occupier of premises in a residential zone shall not keep or permit to be kept on the premises —

(a) more than 12 poultry; and (b) more than 12 pigeons unless the owner or occupier is an affiliated person in

which case the maximum number of pigeons may be increased to 100.

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2.5 Application for approval to keep poultry and pigeons in a residential zone

(1) Subject to compliance with subclause 2.5(2), the local government may approve the keeping of poultry or pigeons in accordance with these local laws by an owner or occupier of premises within a residential zone subject to the following—

(a) the owner or occupier submitting an application to the local government, which application shall— (i) specify the number of poultry or pigeons proposed to be kept; and

(ii) include a site plan showing lot size, location of enclosure, distance from boundaries and buildings and proximity to houses on adjoining land.

(2) The local government may, at its discretion, conduct public consultation with all owners/occupiers whose property abuts the applicant’s property prior to the application being determined.

(3) The local government may approve, with or without conditions, or refuse to approve an application received under this clause.

(4) Where an approval for the keeping of poultry or pigeons is issued subject to conditions, the holder of the approval shall comply or cause compliance with those conditions.

2.6 Conditions for keeping of poultry

A person who keeps poultry or permits poultry to be kept shall ensure that — (a) no poultry shall be kept less than 9 metres from any residential building; (b) no poultry is able to approach within 15 metres of a public street, public

building, commercial premises or food premises; (c) all poultry is kept in a properly constructed and securely fastened structure; (d) the structure has an impervious floor laid with a fall to the front of at least

1 in 50; (e) all structures or enclosures within which poultry are kept are maintained at all

times in a clean condition; and (f) all poultry is kept continually confined.

2.7 Roosters, geese, turkeys and peafowl

Except on land in a rural or rural residential zone, or with the prior written permission of the local government, an owner or occupier of premises shall not keep any of the following —

(a) roosters; (b) geese; (c) turkeys; or (d) peafowls.

2.8 Conditions for keeping of pigeons

(1) A person who keeps pigeons, or permits pigeons to be kept, shall ensure that — (a) all pigeons are kept in a properly constructed pigeon loft, except where

registered homing pigeons are freed for exercise;

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(b) all structures or enclosures within which pigeons are kept are maintained at all times in a clean condition;

(c) no opening to a pigeon loft, including openings for ventilation, is within 9 metres of any residential building; and

(d) no opening to a pigeon loft, including openings for ventilation, is within 15 metres of a public street, public building, commercial premises or food premises.

(2) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in accordance with the Code of Practice – Pigeon Keeping, subject to the provisions of this local law.

2.9 Termination of approval to keep poultry or pigeons

If an owner or occupier of premises to whom an approval to keep poultry or pigeons has been granted by the local government pursuant to clause 2.6(3) —

(a) breaches a condition of the approval; (b) breaches clause 2.7 or clause 2.9 of this local law; or (c) fails to comply with a written notice served by the local government in relation

to the keeping of poultry or pigeons,

then the local government may cancel its approval upon written notice of such cancellation being given to the owner or occupier within 60 days of the breach or failure to comply as the case may be.

2.10 Restrictions on pigeon nesting and perching

The local government may order an owner or occupier of a house on or in which pigeons are, or are in the habit of nesting or perching, to take adequate steps to prevent them from continuing to do so.

2.11 Conditions of keeping aviary birds

A person who keeps, or permits to be kept, aviary birds shall ensure that — (a) the aviary or cage in which the birds are kept is located at least 1 metre from

any lot boundary and at least 5 metres from a residential building on any other lot;

(b) there is a floor beneath the roofed area of the aviary or cage which is constructed of smooth, impervious material with a gradient of at least 1 in 50 to the front of the aviary or cage;

(c) the aviary or cage is kept in clean condition and good repair at all times; (d) all feed for the birds other than that intended for immediate consumption is

stored in vermin proof containers; and (e) effective measures are taken to prevent the attraction or harbourage of vermin.

2.12 Nuisance caused by birds

An owner or occupier of land shall not keep any bird or birds which — (a) are or create a nuisance; or (b) emit an unreasonable noise.

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Division 3 — Keeping of bees

2.13 Permit required to keep bees

(1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to be kept on land except in accordance with a valid permit issued in relation to the land.

(2) Subclause (1) does not apply where— (a) the land is outside the townsite; and (b) the bees are kept—

(i) at least 500 metres from a thoroughfare; or (ii) less than 500 metres from a thoroughfare but the vegetation or a screen

or other barrier on the land is such as to encourage the bees to fly at a height over the thoroughfare as will not create a nuisance to users of the thoroughfare.

(3) Subclause (1) does not apply where an occupier of land keeps bees on the land— (a) for a continuous period not exceeding 8 weeks; and (b) for the purpose of pollinating a crop on the land.

(4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall provide a good and sufficient water supply on the land which is readily accessible by the bees.

(5) Subclause (1) does not apply where a person keeps bees on Crown land.

2.14 Application for a permit

An applicant for a permit shall— (a) be a person registered as a beekeeper under section 8 of the Beekeepers Act

1963; (b) provide such details as may be required by the local government; (c) apply in the form approved by the local government; and (d) pay any application fee imposed and determined by the local government

under sections 6.16 to 6.19 of the Act.

2.15 Determination of application

(1) The local government may— (a) refuse to determine an application for a permit which does not comply with

clause 2.15; (b) approve an application for a permit subject to the conditions referred to in

clause 2.17 and to such other conditions as it considers appropriate; or (c) refuse to approve an application for a permit.

(2) Where an application for a permit is approved subject to conditions, the permit holder is to comply with those conditions or is to cause those conditions to be complied with.

(3) Where the local government approves an application under subclause (1)(b), it is to issue to the applicant a permit in the form approved by the local government.

(4) A permit is valid from the date of issue unless, and until, it is cancelled under this local law.

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2.16 Conditions of approval

(1) Without limiting the generality of paragraph 2.16(1)(b) an application for a permit may be approved by the local government subject to the following conditions—

(a) the provision of a good and sufficient water supply on the land which is readily accessible by the bees on the land;

(b) each bee hive shall be— (i) kept at a distance specified by the local government from any

thoroughfare, public place or boundary of the land; or (ii) located near a screen or other barrier so as to prevent the bees flying low

over a thoroughfare, public place or adjoining land; (iii) no more than 2 bee hives are to be kept on land of less than 2,000 square

metres in area; and (iv) no more than 15 bee hives are to be kept on land between 2,000 square

metres and 20,000 square metres in area.

(2) In respect of a particular application for a permit, the local government may vary any of the conditions referred to in subclause (1).

2.17 Variation or cancellation of permit and conditions

(1) The local government may, by written notice to the permit holder, vary the conditions of a permit after it has been issued.

(2) The local government may cancel a permit on the request of a permit holder to do so.

(3) Notwithstanding clause 2.22, a permit shall be cancelled on— (a) the permit holder ceasing to be registered as a beekeeper under section 8 of the

Beekeepers Act 1963; or (b) the expiration of a continuous period of 12 months during which the permit

holder has not kept any bees on the land to which the permit relates, without any action required on the part of the local government.

2.18 Permit holder to notify cessation of registration or keeping of bees

(1) In this clause a permit holder includes the holder of a permit cancelled by subclause 2.18(3).

(2) A permit holder is to notify the local government in writing as soon as practicable after—

(a) the permit holder ceases to be registered as a beekeeper under section 8 of the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries); or

(b) a continuous period of 12 months has passed during which the permit holder has not kept any bees on the land described in her or his permit.

(3) A permit holder shall, within 7 days of the local government giving the permit holder a written notice to do so, provide to the local government—

(a) written proof of her or his registration as a beekeeper under section 8 of the Beekeepers Act 1963;

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(b) in respect of land identified by the local government in its notice, a signed statement as to whether or not he or she has kept bees on the land within the 12 months preceding the date of the notice; or

(c) both.

2.19 Permit not transferable

A permit is personal to the permit holder and applies only to the land described in the permit.

2.20 Nuisance

A person shall not keep, or allow to be kept, bees or beehives, or both, on land so as to create a nuisance.

2.21 Notice to remove bees

(1) Whenever, in the opinion of the local government, a person has contravened any provision of the Beekeepers Act 1963 or of this local law which relates to the keeping of bees or bee hives, the local government may give the permit holder, in relation to that land, or if there is no valid permit in relation to that land, an owner or occupier of the land, a written notice requiring her or him to remove any bees or bee hives, or both, from the land within the time specified in the notice.

(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in subclause (1), any valid permit given by the local government relating to the keeping of bees or bee hives on that land is cancelled from the time specified in the notice, being not less than 7 days from the date it is given.

(3) Where a person fails to comply with a notice given under subclause (1), the local government may dispose of the bees or the bee hives or both, in such manner as it sees fit and recover the costs of so doing from the permit holder, or an owner or occupier, as the case may be, as a debt due to it.

Division 4 — Keeping of farm animals

2.22 Permit required to keep farm animals

Subject to clause 2.28, an owner or occupier of land shall not keep, or allow to be kept, any farm animal unless —

(a) in accordance with a valid permit authorising the keeping of such a farm animal issued in relation to the land pursuant to clause 2.26; or

(b) in a rural zone and in accordance with the provisions of any local planning scheme applicable to that zone.

2.23 Application for a permit to keep farm animals

An application for a permit required by clause 2.23 shall be in the form approved by the local government and shall include the following information —

(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly marked, showing where it is proposed that the animal is to be kept and the distance of that location from any residential building on another lot, Class 6 building or Class 9 building, business premises or food premises;

(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or housing to be provided for the animal;

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(c) a detailed written plan for the management of manure which addresses — (i) control of flies and other vermin;

(ii) disease prevention; and (iii) prevention of nuisance odours; and

(d) the appropriate application and permit fees as determined from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act.

2.24 Determination of application to keep farm animals

(1) Subject to clause 2.26, the local government may — (a) refuse to determine an application for a permit which does not comply with

clause 2.24; (b) approve an application for a permit subject to such conditions as it considers

appropriate; or (c) refuse to approve an application for a permit.

(2) Where an application for a permit is approved subject to conditions, the permit holder shall comply with those conditions or cause compliance with those conditions.

(3) Where the local government approves an application under subclause(1)(b), it is to issue to the applicant a permit in the form approved by the local government.

(4) A permit is valid from the date of issue until 30 June the following year, unless it is cancelled prior to that date under this local law.

2.25 Conditions of approval to keep farm animals

(1) A permit shall not be granted pursuant to clause 2.25 — (a) unless the land for which the approval is sought is of such dimensions and

configuration as will permit the subject animal to be confined in a minimum cleared area of 150 square metres and prevented from approaching within 15 metres of any residential building, Class 6 building or Class 9 building, business premises or food premises;

(b) in the case of a horse (other than a miniature horse) or cow, unless the land for which the approval is sought has a minimum area of 1 hectare;

(c) for the keeping of any pig (other than a miniature pig).

(2) The local government shall take into account the opinions of occupiers of adjoining properties in determining whether to grant approval for the keeping of a farm animal.

(3) Approval to keep a farm animal may be issued subject to conditions, including — (a) that a stable or shelter is provided for housing the approved animal; (b) that a manure receptacle is provided in a position convenient to the shelter or

place where the approved animal is kept, and that the receptacle is used for the receipt of all manure produced on the premises; or

(c) any other conditions that the local government considers necessary for the protection of the health and amenity of the neighbourhood;

and such conditions may be imposed at any time subsequent to the initial approval.

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2.26 Variation or cancellation of permit to keep farm animals and conditions of permit

(1) The local government may vary the conditions of a permit after it has been issued, and shall give notice of such variation to the permit holder.

(2) The local government may cancel a permit in the event the permit holder — (a) fails to comply with any condition set under clause 2.25(1)(b); (b) after being notified of a variation under subclause (1) fails to comply with the

varied condition; (c) breaches clause 2.28 or clause 2.31 of this local law; or (d) fails to comply with a notice of breach issued under clause 6.1 in relations to

an offence committed under clause 2.28 or clause 3.1; (e) fails to comply with any condition of the licence.

2.27 Conditions for keeping farm animals

(1) An owner or occupier of premises upon which a farm animal or farm animals are kept, shall —

(a) maintain the place or places where the animals are kept in clean condition; (b) ensure that any farm animal or farm animals kept on the premises does not

cause or constitute a nuisance; (c) maintain the premises free from flies or other vermin by spraying with residual

insecticide or other effective means; (d) if a manure receptacle is required to be used —

(i) cause all manure produced on the premises to be collected daily and placed in the receptacle;

(ii) cause the receptacle to be emptied as often as is necessary to prevent it becoming offensive or a breeding place for flies or other vermin, but in any case at least once a week; and

(iii) keep the lid of the receptacle closed except when manure is being deposited or removed; and

(e) not permit any farm animal to approach within 15 metres of any residential building, food premises, Class 6 building or a Class 9 building, or a business or commercial premises.

(2) An owner or occupier of premises in a rural zone shall not keep more than 1 pig other than on premises registered as a piggery pursuant to the provisions of the Health (Miscellaneous Provisions) Act 2011, except with the express written approval of the local government.

2.28 Keeping a miniature horse

(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land of not less than 1,000 square metres in area provided it is registered with the local government and the annual registration fee approved from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act is paid.

(2) An owner of occupier of premises shall —

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(a) not keep more than one miniature horse on land zoned residential or special rural without the written approval of the local government or an authorised person; and

(b) not permit a miniature horse to come within 9 metres of any house.

(3) The local government or an authorised person may prohibit the keeping of a miniature horse on any land or may state the conditions under which a miniature horse may be kept.

2.29 Keeping a miniature pig

(1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or pigs, in any residential area or on any land zoned commercial or industrial under the town planning scheme.

(2) The local government or an authorised person may prohibit the keeping of a miniature pig on any land, or state the conditions under which the miniature pig may be kept.

(3) A person may keep 1 miniature pig in any residential or rural or special rural area provided it is registered with the local government and the annual registration fee approved from time to time by the local government in accordance with sections 6.16 to 6.19 of the Act is paid.

(4) An owner or occupier of premises where a miniature pig is kept shall — (a) only keep a sterilised animal and retain written proof of its sterilisation; (b) confine the animal on the property at all times; (c) ensure the animal does not cause a nuisance to any neighbour regarding noise,

dust, or odour; and (d) maintain documentary evidence that the animal’s veterinary treatment against

roundworm and tapeworm is current.

2.30 Requirements for farm animal shelters

(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or not a permit is required for the keeping of such farm animals pursuant to clause 2.24, shall —

(a) not be situated within 15 metres of any residential building, Class 6 building or Class 9 building, business premises or food premises;

(b) not be situated within 1 metre of any lot boundary; (c) be constructed of materials approved by an authorised person; (d) have on each side of the building between the wall and roof a clear opening of

at least 150 millimetres in height, and of sufficient length, to provide adequate ventilation to the stable, enclosure or shelter;

(e) when required by the local government have a separate stall for each horse, cow or other approved animal, the shortest dimension of which shall be at least twice the length of the animal housed therein; and

(f) subject to subclause (2), have a floor, the upper surface of which shall — (i) be raised at least 75 millimetres above the surface of the surrounding

ground; (ii) be constructed of cement, concrete or other similar impervious material;

and

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(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully situated outside the stable or shelter.

(2) A stable or shelter constructed with a sand floor may be approved by an authorised person subject to—

(a) the site being well drained, with the sand floor being at least 1.5 metres above the highest known ground water level;

(b) a 300 millimetre thick bed of crushed limestone being laid under the sand of the stable;

(c) the sand, whether natural or imported, being clean, coarse and free from dust; (d) footings to the stable or shelter being a minimum of 450 millimetres below

ground level; and (e) the design of the stable allowing for the access of small earthmoving

machinery, such as a skid steer loader, into each stall to maintain the correct floor height.

(3) An owner or occupier of any land upon which a stable or shelter is located must ensure that the stable or shelter complies in all respects with the requirements of subclause (1), and, where the approval referred to in subclause (2) has been granted, with the requirements of subclause (2).

Division 5 — Livestock

2.31 Livestock not to stray

The owner or person in charge of livestock shall not permit that livestock to stray or to be at large in a street, public place or upon private property without the consent of the property owner.

2.32 Property to be fenced

(1) The owner or occupier of property on which livestock is kept, shall cause the property or a portion of the property to be fenced in a manner capable of confining the livestock, to that portion where the livestock is kept.

(2) The minimum fencing requirements to confine livestock in a rural or special rural area shall be a fence of post and wire construction.

Part 3 — Building, development and land care

Division 1 — Litter and refuse on building sites

3.1 Provision of refuse receptacles

The owner or occupier of a building or development site shall at all times provide and maintain a refuse receptacle, available for use on the site, which includes a suitable cover, to the satisfaction of an authorised person, of such design as will —

(a) contain any refuse likely to be produced on the site; and (b) prevent refuse being blown from the receptacle by wind.

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3.2 Control of refuse

(1) From the time of commencement of works on a building site or development site until the time of completion of such work, the owner or occupier of the site shall —

(a) ensure all refuse on the site is placed and contained in the refuse receptacle and prevented from being blown from the site by wind;

(b) keep the site free from any refuse; (c) maintain the street verge, and any other reserve, immediately adjacent to the

site, free of refuse from the site; and (d) ensure the refuse receptacle is emptied when full.

(2) The owner or occupier of a building site or development site shall ensure that within 2 days of completion of works on the site, the site and the street verge immediately adjacent to it, is cleared of all refuse and all refuse receptacles are removed from the site.

3.3 Unauthorised storage of materials

(1) All construction materials must be located on the building site or development site under construction, unless written approval has been given by the local government to store materials on another property (including a road reserve).

(2) An application for approval under subclause (1) must be — (a) in writing; and (b) accompanied by the written approval of the landowner of the land on which

materials are proposed to be stored.

Division 2 — Prevention of dust and liquid waste

3.4 Prohibited activities

(1) An owner and or occupier of land must take reasonable steps or measures to — (a) stabilise dust on the land; (b) contain all liquid waste on the land; and (c) ensure no dust or liquid waste is released or escapes from the land, whether by

means of wind, water or any other cause.

(2) Where the local government forms the opinion that — (a) an owner or occupier has not complied with subclause (1)(a) or paragraph

(1)(b); or (b) the dust or liquid waste has been released or escaped from the owner’s or

occupier’s land, the local government may serve on the owner and or occupier of the land, a notice requiring the owner and or occupier to do one or more of the following – (i) comply with subclause (1)(a) or (1)(b);

(ii) clean up and properly dispose of any released or escaped dust or liquid waste;

(iii) clean up and make good any damage resulting from the released or escaped dust or liquid waste; and

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(iv) take effective measures to stop any further release or escape of dust or liquid waste;

(c) The requirements set out in a notice issued under subclause (2)(a) must be complied with— (i) within 48 hours of service of the notice where no other time is specified;

(ii) within such other period as is specified in the notice; or (iii) immediately, if the notice so specifies.

(3) Where the local government forms the opinion that dust or liquid waste has escaped or has been released from an activity undertaken on land or as a consequence of the use of equipment on land, the local government may serve a notice on —

(a) any owner or occupier of the land; or (b) any operator of equipment on the land,

requiring that the activity or use of equipment on the land be ceased immediately, for such period as is specified in the notice.

(4) Where the local government is of the opinion that dust or liquid waste may be released or escape as a result of an activity which is likely to be carried out from any land, the local government may give to the owner and or occupier a notice providing that the activity may only be carried on subject to conditions specified in the notice.

3.5 Dust management

If an owner or occupier of land intends to undertake any work involving the clearing of land, from which any sand or dust is likely to be released whether by means of wind, water or any other cause, shall —

(a) submit to an authorised person a Dust Management Plan in accordance with the Department of Water and Environmental Management document “A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities” (March 2011), or any updated version of this document;

(b) obtain written approval of the Dust Management Plan from an authorised person before commencement of any work.

Division 3 — Smoke

3.6 Burning of cleared vegetation prohibited

An owner or occupier of any building or development site shall ensure that no vegetation or other material cleared from the site is burnt on the site.

Division 4 — Unsightly land and disused materials

3.7 Removal of refuse and disused materials

(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any refuse, rubbish or disused material of whatever nature or kind which in the opinion of the local government or an authorised person is likely to give the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district.

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(2) The local government or an authorised person may give notice in writing to the owner or occupier of a lot requiring the removal of refuse, rubbish or disused material from the lot within the time specified in the notice.

3.8 Removal of unsightly overgrowth of vegetation

(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly overgrowth of vegetation that gives the lot an untidy appearance and does not conform with the general appearance of other land in that particular part of the district.

(2) The local government or an authorised person may give notice in writing to the owner or occupier of a lot requiring the removal of the overgrowth of vegetation within the time specified in the notice.

3.9 Storage of vehicles, vessels and machinery

The owner or occupier of a lot shall not — (a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel

or machinery (whether licensed or not) in a state of disrepair; (b) store, or allow to remain in public view on any lot, any vehicle, vessel or

machinery in a state of disrepair for a period in excess of 1 month; (c) store, or allow to remain in public view on any lot, any vehicle, vessel or

machinery parts (including tyres); (d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or

machinery except where performed — (i) inside a building; or

(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in height and of such a nature as to screen all vehicles, parts or bodies of vehicles, vessels or machinery from the street and from adjoining properties; or

(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance.

3.10 Disposing of disused refrigerators or similar containers

A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first —

(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or

(b) rendering every door and lid incapable of being fastened; and

Division 5 — Hazardous materials

3.11 Hazardous trees

(1) Where a tree on a lot endangers any person or thing on adjoining land, the local government may give a notice to the owner or the occupier of the lot to remove, cut, move or otherwise deal with that tree so as to make the tree safe.

(2) Where a tree on a lot presents a serious and immediate danger to any person or thing, the local government may take any remedial action it considers appropriate in order to

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make the tree safe without having given the owner or occupier notice pursuant to subclause (1).

(3) The local government reserves its right to recover any costs incurred by the local government for remedial action taken in terms of subclause (2).

Part 4 — Nuisances and dangerous things

Division 1 — Light

4.1 Use of exterior lights

An owner or occupier of land on which floodlights or other exterior lights are erected or used, shall not allow the floodlights or other exterior lights to shine directly onto any other premises.

4.2 Emission or reflection of light

An owner or occupier of land shall ensure that — (a) artificial light is not emitted or reflected from anything on the land so as to

illuminate premises outside that land to more than 50 lux; and (b) natural light is not reflected from anything on the land so as to create or cause

a nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare.

4.3 Notice may require specified action to prevent emission or reflection of light

(1) Where — (a) floodlights or other exterior lights shine directly onto any other premises; (b) artificial light is emitted or reflected from anything on the land so as to

illuminate premises outside the land to more than 50 lux; or (c) natural light is reflected from anything on the land so as to create or cause a

nuisance to the occupier of any other premises or to a person lawfully using a thoroughfare,

the local government may by notice in writing direct the owner or occupier to take such actions as an authorised person considers necessary within the time specified in the notice.

(2) The notice referred to in subclause (1) may direct that — (a) floodlights or other exterior lights are used only during the hours specified in

the notice; (b) the direction in which the lights shine be altered as specified in the notice; (c) any reflective surfaces be painted or otherwise treated so as to abate the

nuisance; or (d) any combination of these measures that the local government believes to be

appropriate to the circumstances.

Division 2 — Smoke, fumes, odours and other emissions

4.4 Burning rubbish, refuse or other material

(1) A person shall not set fire to rubbish, refuse or other materials.

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(2) Subclause (1) does not apply to rural residential zoned lots or the setting fire to garden refuse on a lot within a townsite.

(3) A person shall not set fire to rubbish, refuse or other materials on rural residential zoned property unless —

(a) written approval has first been obtained from the local government; (b) the person demonstrates to the satisfaction of the local government that

reasonable alternatives for the disposal of the rubbish, refuse or other material do not exist and the potential for pollution is low;’

(c) the material does not include any plastic, rubber, food scraps or other material likely to cause the generation of smoke or odour in such quantity as to cause a nuisance to other persons;

(d) a haze alert has not been issued by the Bureau of Meteorology for the period during which burning is to take place; and

(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard reduction notice issued by the local government under that Act and any conditions of approval as determined by the local government.

(4) Subclauses (1) and (3) shall not apply to any barbeque, solid fuel water heater, space heater or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel.

(5) Subclause (4) is subject to any fire danger rating as determined by the Bureau of Meteorology.

4.5 Escape of smoke, fumes, odours and other emissions

An owner or occupier of land or premises shall not cause or permit the escape of smoke, fumes or odours from the land or premises in such quantity or of such a nature as to cause or to be a nuisance to any person.

Division 3 — Trucks

4.6 Livestock vehicles

(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes.

(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.

(3) If a person parks a vehicle containing livestock in a townsite in accordance with subclause (1), then the person does not contravene subclause (2).

4.7 Truck noise from residential land

A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 10.30 pm and 6.30 am on the following day without first obtaining the written consent of the local government.

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Division 4 — Swimming pool backwash management

4.8 Disposal of swimming pool backwash

(1) The owner or occupier of land on which a swimming pool is constructed shall ensure that all backwash is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land.

(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot into a local government approved stormwater drain or road by a method approved by an authorised person.

Division 5 — Stormwater management

4.9 Containment of stormwater

(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater received by any building, house, other structure or any paved or sealed or other surfaced areas including any vehicle access ways on the lot is contained within the lot and is not permitted to discharge onto or run-off onto adjacent land so as to cause a nuisance, or cause damage to any structures situated on adjacent land.

(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local government approved stormwater drain or road.

Division 6 — Amusement activities

4.10 Nuisance

A person shall not, without written authorisation from the local government, provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district.

Division 7 — Bird nuisance

4.11 Restrictions on feeding of birds

(1) A person shall not feed a bird — (a) so as to cause a nuisance, or (b) with a food or substance that is not a natural food of a bird.

(2) Where an authorised person forms the opinion that a person has not complied with subclause (1) the authorised person may serve the person a notice requiring the person to clean up and properly dispose of any feed or waste products specified in the notice.

Part 5 — Objections and appeals

5.1 Objections and appeals

When the local government makes a decision under this local law as to whether it will —

(a) grant a person a permit or authorisation; (b) vary or cancel a permit or authorisation; or (c) give a person a notice,

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the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations shall apply to that decision.

Part 6 — Enforcement

Division 1 — Notice of breach

6.1 Notice of breach

(1) Where a breach of any provision of this local law has occurred, the local government may give a notice in writing to the person alleged to be responsible for such breach.

(2) A notice issued pursuant to subclause (1) shall — (a) specify the provision of this local law which has been breached; (b) specify the particulars of the breach; and (c) state the manner in which the recipient is required to remedy the breach to the

satisfaction of the local government within a time period stipulated in the notice which shall be not less than 14 days from the giving of the notice.

(3) It is an offence to fail to comply with a notice issued by the local government pursuant to subclause (1).

6.2 Form of notices

Where this local law refers to the giving of a notice other than the giving of an infringement notice and no particular form is prescribed, it will be sufficient that the notice be in writing giving adequate details to enable the owner, occupier or other person to whom the notice is issued to know the offence committed and the measures required to be taken or conditions with which compliance is required, as the case may be.

6.3 When local government may undertake work required by notice

(1) This clause applies only in respect of a notice issued under subclauses 3.7(2), 3.8(2), 3.11(1) and 4.3(1) of this local law.

(2) Where a person fails to comply with a notice referred to in subclause (1) the local government may, subject to compliance with the requirements of subdivision 3 of Division 3 of Part 3 of the Act, do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given.

(3) The local government may recover the cost of anything it does under subclause (2) as a debt due from the person who failed to comply with the notice.

Division 2 — Offences and penalties

Subdivision 1 — General

6.4 Offences and penalties

(1) A person who — (a) fails to do anything required or directed to be done under this local law; (b) fails to comply with the requirements of a notice issued under this local law by

an authorised person; or

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(c) does anything which under this local law that person is prohibited from doing;

commits an offence.

(2) Where, under this local law, an act is required to be done or forbidden to be done in relation to any land or premises, the owner or occupier of the land or premises has the duty of causing to be done the act so required to be done, or of preventing from being done the act forbidden to be done.

(3) A person who commits an offence under this local law is liable to a maximum penalty of $5,000 and a maximum daily penalty of $500 in respect of each day or part of a day during which the offence has continued.

Subdivision 2 — Infringement notices and modified penalties

6.5 Prescribed offences

(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16(1) of the Act.

(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1.

(3) An authorised person should be satisfied that — (a) commission of the prescribed offence is a relatively minor matter; and (b) only straightforward issues of law and fact are involved in determining

whether the prescribed offence was committed, and the facts in issue are readily ascertainable;

before giving an infringement notice to a person in respect of the commission of a prescribed offence.

6.6 Form of infringement notices

For the purposes of this local law — (a) where a vehicle is involved in the commission of an offence, the form of the

notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of the Regulations;

(b) the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

(c) the form of the notice given under section 9.20 of the Act withdrawing an infringement notice is that of Form 3 in Schedule 1 of the Regulations.

6.7 Entry into private land

This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the Local Government Act 1995 and any power of entry exercised by the local government under this local law is subject to Part 3, Division 3, Subdivision 3 of the Act.

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Schedule 1 — Prescribed offences [cl. 6.5]

Item No Clause Nature of Offence

Modified Penalty

1 2.2(a) Failure to keep premise free from excrement, filth, food waste and other matter likely to be offensive or injurious to health, attracts, vermin or insects

$250

2 2.2(b) Failure to keep premises clean and disinfected when directed by an EHO

$250

3 2.2(c) Failure to keep premises free of flies, or when directed by an EHO, spray premises with residual insecticide or use other means to kill or repel flies

$250

4 2.3 Failure to maintain adequate enclosures $250 8 2.5 Keep, or permit to be kept, any poultry, not in accordance

with conditions of these local laws $250

9 2.8 Keep, or suffer to remain in a residential area, a rooster, turkey, goose or geese, or peafowl

$250

10 2.9 Failing to keep cages, enclosures and lofts maintained to minimum standard specified in the Code of Practice

$250

11 2.11 Failing to prevent pigeons nesting or perching $250 12 2.12 Failing to keep aviary birds in accordance with conditions

of this local law $250

13 2.13 Keeping birds so as to create a nuisance $250 14 2.14(1) Failure to obtain a permit to keep bees $250 15 2.14(3) Failure to comply with any obligation when temporarily

keeping bees $250

16 2.16 Failure to comply with a condition of a permit to keep bees

$250

17 2.21 Creation of a nuisance from keeping of bees or beehives $250 18 2.22 Failure to comply with notice of local government $250 19 2.22 Failure to comply with a notice to remove bees or

beehives for contravention of local law $250

20 2.23 Keeping a farm animal without a valid permit $250 21 2.28 Failure to comply with the conditions for keeping farm

animals $250

22 2.29 Keeping a miniature horse on land without approval $250 23 2.30 Keeping a miniature pig on land without approval $250 24 2.32(2) Permitting livestock to stray, or be at large in a street,

public place or private property without consent $250

25 2.34 Failing to keep property fenced in a manner capable of confining livestock

$250

26 3.1 Failure to provide or maintain a refuse receptacle on a building or development site

$500

27 3.2 Failure to control refuse on a building or development site $500 28 3.3 Unauthorised storage of materials $500 29 3.4 Release or escape of dust or liquid waste from land $500 30 3.5 Commencing works involving clearing of land without an

approved Dust Management Plan $500

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31 3.6 Burning of cleared vegetation or other material from a building or development site

$500

32 3.9(a) Storing, or allow to remain on land, more than one vehicle, vessel or machinery in a state of disrepair

$500

33 3.9(b) Storing, or allow to remain on land, any vehicle, vessel or machinery in a state of disrepair for a period in excess of 1 month

$500

34 3.9(c) Storing, or allow to remain on land, any vehicle, vessel or machinery parts (including tyres)

$500

35 3.9(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not inside a building

$500

36 3.9(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not behind a sufficient fence or wall

$500

37 3.9(e) Wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a nuisance

$500

38 3.10 Disposing of disused refrigerator or similar container with door/lid that can be fastened without removing the refrigerant, door, lid, lock, catch, hinge and rendering the door/lid incapable of being fastened.

$500

39 4.1 Erection or use of lighting installations other than in accordance with this local law

$500

40 4.2 Emitting light so as to create or cause a nuisance $500 41 4.5 Permitting the escape of smoke, fumes, odours and other

emissions so as to cause a nuisance $500

42 4.6(1) Parking a livestock vehicle in an urban area or townsite in excess of 30 minutes

$500

43 4.7 Starting or driving a truck on residential land, or adjoining residential land, without consent of the local government

$500

44 4.8(1) Discharging swimming pool backwash onto adjacent land so as to cause a nuisance or cause damage

$500

45 4.9(1) Failure to ensure that all rainwater or storm water received by a lot and any building, house or structure on the lot, is contained within the lot or discharged directly to a stormwater drain or road

$500

46 4.10 Conducting an amusement so as to create a nuisance $500 49 4.14(1)(a) Feeding a bird which causes a nuisance $500 50 4.14(1)(b) Feeding a bird a food/substance that is not a natural food $500 51 6.4(1)(b) Failure to comply with notice $500 52 6.4(1) Any other offence not specified $500

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Passed by resolution of the Kellerberrin Shire Council held on the X day of Month 2019. Dated this X day of Month 2019. The Common Seal of the Shire of Kellerberrin was hereunto affixed in the presence of—

_____________________ R.D FORSYTH, President.

_________________________________ R.L GRIFFITHS, Chief Executive Officer.

Consented to—

___________________________ Executive Director, Public Health.

Dated this X day of Month, 2019.

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Agenda Reference: 11.1.7 Subject: Council Policy Manual Review Location: Shire of Kellerberrin Applicant: File Ref: Policy Manual Disclosure of Interest: N/A Date: 12th August 2019 Author: Ms Kate Dudley, Deputy Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council undertakes an annual review of its policies and determines new or updated policies to guide its day to day operations and responsibilities in regards to its adopted structure and legislative requirements. The annual review process ensures Council has current and applicable policies. COMMENT The current Policy Manual includes a number of operation processes. It is proposed that the manual be separated into two documents, a Council Policy Manual and an Operational Procedures Manual. Policy making is an important function of local government. Policies guide decision making and therefore affect all those who may be impacted by a decision. Officers are of the view that:

1. There should be a review of the Council Policies with the intent that a Council Policy: a. Should deal with higher level objectives and strategies;

b. Should not deal with operational matters, employee matters, or other matters

which are the responsibility if the CEO; and

c. Should, where appropriate provide sufficient direction to the CEO to develop OPPs which deal with the implementation of the Council Policy or other detailed matters.

2. As part of that review, any existing Council Policy should be rescinded where it could, more

sensibly, be dealt with by an operational procedure adopted by the CEO As part of the review, a new template has been drafted for Council policies, which is attached for council consideration. A final version of the proposed Council Policy Manual will be provided to Council by December 2019, with all Council Policies transferred to the new template and any proposed changes included and marked up.

FINANCIAL IMPLICATIONS (ANNUAL BUDGET) New policies or amendments to existing policies will have financial implications on Council’s Budget depending upon which policy/s are added/deleted/amended. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended)


Section 2.7. The role of the council

(1) The council — (a) directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.




functions.





A councillor —










reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local


government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.

[Section 5.60A inserted by No. 64 of 1998 s. 30; amended by No. 49 of 2004 s. 50.] 5.60B. Proximity interest




person’s land.




person’s land.






(a) the person is in partnership with the relevant person; or (b) the person is an employer of the relevant person; or (c) the person is a beneficiary under a trust, or an object of a discretionary trust, of which

the relevant person is a trustee; or (ca) the person belongs to a class of persons that is prescribed; or (d) the person is a body corporate — (i) of which the relevant person is a director, secretary or executive officer; or (ii) in which the relevant person holds shares having a total value exceeding — (I) the prescribed amount; or (II) the prescribed percentage of the total value of the issued share




last elected;


or (eb) the relevant person is a council member and since the relevant person was last


person to disclose; or (ii) made a contribution to travel undertaken by the relevant person that

section 5.83 requires the relevant person to disclose; or (f) the person has a relationship specified in any of paragraphs (a) to (d) in respect of









if the spouse, de facto partner or child is living with the relevant person; [(e) deleted] (f) an interest arising only because the relevant person is, or intends to become, a

member or office bearer of a body with non-profit making objects; (g) an interest arising only because the relevant person is, or intends to become, a

member, office bearer, officer or employee of a department of the Public Service of the State or Commonwealth or a body established under this Act or any other written law; or










at the meeting who are entitled to vote on the matter — (a) may allow the disclosing member to be present during any discussion or decision

making procedure relating to the matter; and (b) may allow, to the extent decided by those members, the disclosing member to

preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —








(3) On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —











[Section 5.69A inserted by No. 64 of 1998 s. 34(1).] 5.70. Employees to disclose interests relating to advice or reports










Penalty: $10 000 or imprisonment for 2 years. STRATEGIC PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) LONG TERM PLAN IMPLICATIONS: Nil (not applicable at this date and therefore unknown) COMMUNITY CONSULTATION: Council has a legislative requirement to consider and determine Policies. STAFF RECOMMENDATION That Council;

1. adopts the proposed template as it’s “new” format for Council existing policies; 2. instructs the CEO to have all policies reviewed and converted to the “new” format by

December 2019; 3. rescinds Council Policies;

a. 1.1.1 Debt recovery policy debtors b. 1.1.2 Debt recovery policy rates


c. 1.3 Payment approval process d. 1.4 Budget preparation e. 1.5 Financial activity statement – Material variance report f. 1.7 Sale of land housing proceeds g. 1.10 Use of council facilities and plant h. 2.2 Smoking council buildings i. 2.8 Supply of council notice papers minutes and information j. 2.9 Release of unconfirmed minutes k. 2.10 Councillor agenda availability l. 2.11 Advertising of public notice m. 2.15 Signature stamp- Shire President n. 2.16 Office Hours o. 2.17 Use of council vehicles p. 2.18 Internet & email use q. 2.19 Customer Service Charter and Policy r. 2.21 Master Key authorisation s. 2.22 Legislative compliance t. 2.27 Community engagement policy u. 4.1 Staff annual leave v. 4.2 Rostered day off – inside staff w. 4.3 Rostered day off – outside staff x. 4.4 Uniforms y. 4.5 Provisions of outside staff uniforms z. 5.2 Confidential business aa. 5.4 Notice of ordinary meetings bb. 5.5 Council delegates policy confidential business cc. 5.6 Model of code of conduct dd. 5.10 Use of council chambers ee. 5.15 Use of Common Seal ff. 6.1 Noise abatement gg. 12.4 Visitor management

As these policies are to be recorded as operating procedures under the direction of the CEO. COUNCIL RESOULTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /

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NEW TEMPLATE

COUNCIL POLICY

Title: Corporate Credit Card

Responsible Officer: Deputy Chief Executive Officer Version: Current

1. PURPOSE

The purpose of this policy is to outline the issue of corporate credit cards used to expedite authorised business expenditures on behalf of the Shire of Kellerberrin, therefore improving administrative practices and the effective cash management of the Shire.

2. SCOPE This policy is applied to the Shire of Kellerberrin Chief Executive Officer and Deputy Chief Executive Officer.

3. DEFINITIONS

Term Meaning Credit Cards a facility allowing the card holder to pay for goods and services on

credit. Business Expenses any expense necessary to the conduct of the business or is allowed

under terms of the employee’s contract of employment. Personal Expense any expense not of a business nature.

4. STRATEGIC CONTEXT

This policy links to key goal area….

5. POLICY STATEMENT Corporate Credit Card Purchasing The Chief Executive Officer and Deputy Chief Executive Officer are only to use their

corporate credit cards for purchasing goods and services on behalf of the Shire of Kellerberrin or in association with the employee's contract.

The corporate credit card credit limit for each card will be set by Council and reviewed at least once a year at the time all policies and procedures are reviewed.

The current limit on the Shire of Kellerberrin corporate card is $10,000 for the Chief

Executive Officer and $5,000 for the Deputy Chief Executive Officer. Personal expenditure on Shire of Kellerberrin’s corporate credit cards is strictly

prohibited. All purchases by the Shire of Kellerberrin’s corporate credit card must be

accompanied by an appropriate tax invoice/receipt to ensure the Shire is able to claim all input tax credits in accordance with the requirements of the Australian Taxation Office.

In the event individual invoices/receipts are not available then the corporate credit card statement of expenditure is to be utilised to claim income tax credits under the condition that this statement complies with the Australian Taxation Office requirements.

Reporting Requirements The Shire of Kellerberrin corporate credit card statement of expenditure is to be

endorsed by the Officer in whose name the card is issued as all expenditure items listed of the statement being authorised and undertaken by him/her.

The endorsed credit card statement of expenditure is to be included with the financial reports presented to Council in the Agenda for the ordinary meetings of Council for Council Information.

General Conditions Officers must surrender their Shire of Kellerberrin corporate credit card upon

termination of his/her services within the Shire of Kellerberrin or when resolved to do so by Council.

All Corporate credit card incentives (e.g. fly buys) are not to be acquired or accumulated by the Officer for his/her personal use or gain. Any such credit card incentives associated with the Shire of Kellerberrin corporate credit cards are to be utilised for the benefit of the Shire of Kellerberrin’s business expense operations only.

All expired Shire of Kellerberrin corporate credit cards are to be destroyed by the

Chief Executive Officer upon receipt of a new or replacement card. Any breach of this policy is to be reported to Council for information and action if deemed necessary.

6. RELATED LEGISLATION/ DOCUMENTATION

Local Government Act 1996 Local Government (Financial Management) Regulations 1996

7. REVIEW DETAILS

Council Adoption Date Resolution #

Previous Adoption Date 16 October 2018 Resolution # MIN182/18

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Policies to be Rescinded

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1.1.1 Debt Recovery Procedures Debtors

Policy Name:

Debt Recovery Procedures Debtors

To be read in conjunction with Policy Numbers: 1.1.2

Date Adopted: January 2003 Review Date: October 2016

Purpose Provide guidance and regulate the process to recover outstanding funds from Debtors in an appropriate and timely manner. Policy

The following action is to be undertaken in the recovery of outstanding debtors; 1. Original invoices and accounts to be forwarded to debtor as soon as possible. 2. Reminder notices (statements) to be forwarded if accounts are not paid within 30 days. 3. Personal contact and/or letters to be sent to debtor if accounts remain unpaid after a

further 30 days. 4. Recovery procedures be instituted through the use of a Debt Collection Agency if

accounts remain unpaid after 3 months from date of issue of invoice/s, this is to include the issue of summons and warrants.

5. Council consider writing off the debt after all reasonable steps have been taken to recover the outstanding debt.

1.1.2 Debt Recovery Procedures Rates

Policy Name:

Debt Recovery Procedures Rates

To be read in conjunction with Policy Numbers: 1.1.1


Purpose Provide guidance and regulate the process to recover outstanding rates in an appropriate and timely manner. Policy 1. As soon as possible after the Council Budget meeting, rate notices will be sent out to

ratepayers giving them 35 days, from date of issue of rate notice, to either; (a) Pay the rates in full, or (b) Elect to go onto an instalment option

2. Final notices are forwarded for all unpaid accounts with the exception of those electing to pay by instalments.

3. Prior to any further action a letter of intention to take legal action will be sent to the ratepayer giving 7 days notice.

4. Formal recovery action is to be taken (use of a Debt Collector) for recovery of outstanding rates 14 days after the date of the final notice. This includes the issue of summons and warrants of execution.

5. Application for extensions from ratepayers for reason of hardship or similar circumstances are to be considered by the Chief Executive Officer and approval or rejections of extension is at the Chief Executive Officers discretion.

6. Notices returned unclaimed are to be checked by the Senior Finance Officer for possible change of address or sale of property and details changed accordingly.

7. Executors of Deceased Estates are to be contacted by the Senior Finance Officer as necessary for particulars in winding up the estate in relation to payment and rates.

8. Unpaid assessments are to be reviewed on a monthly basis by the Deputy Chief Executive Officer where special arrangements have been made, or formal recovery action is undertaken to ensure recovery of outstanding amounts.

9. Where the Shire of Kellerberrin has adopted the provisions of the Act relating to interest charges, such amounts should be levied on all outstanding rates.

10. The Chief Executive Officer is responsible for the collection of all rates levied. 11. At the end of the financial year, any amount under $50.00 is to be written off.

1.3 Payment Approval Process

Policy Name:

Payment Approval Process

To be read in conjunction with Policy Numbers:


Purpose To ensure two signatories are required for all payments, delegated authority is given to appropriate officers and councillors are provided advice on accounts paid. Policy 1. PAYMENT APPROVAL PROCESS

That payment of all cheques or electronic funds transfers (EFT) be approved for payment by the Chief Executive Officer and Deputy Chief Executive Officer or in their absence a Councillor and/or Senior Finance Officer, provided that;

a) The authority is limited to an individual payment amount of up to $100,000 per payment (cheque or EFT), excluding investments. Any amounts over this amount are referred to Council for approval (excluding Tendered items)

b) The delegated authority applies until 30th June each Budget year. 2. Council each month (Excluding January) shall receive by email a listing of all accounts

paid by both EFT and cheque for the Municipal and Trust Fund accounts. 3. Council at each Ordinary Meeting of Council endorse the expenditure on the Municipal

and Trust Fund Accounts for both EFT & Cheque payments 4. Council at each Ordinary Meeting of Council endorse the expenditure incurred on

Councils Credit Card (as per policy 1.8) and any Direct Debit payments.

1.4 Budget Preparation

Policy Name:

Budget Preparation



Purpose To ensure Council is satisfactorily prepared to adopt the forthcoming Annual Budget as soon as possible after 30 June each year. Policy

1. By 30th April in each year, Council coordinates a community meeting for members to provide operating expenditure items for inclusion in the Budget.

2. By 1st May in each year, Councillors agree and submit in priority order, their list of works and items they consider deserve inclusion in the Budget, to the allocated Manager and/or adopted Special Pre-Budget Meeting of the Council to enable costings to be completed.

3. Prior to the end of June each year, a draft Budget document with anticipated end of year figures will be presented to Council.

4. The draft Budget document is to make allowance under the Long Service Leave Policy for cash backed Reserve Fund to be maintained equal to the current Long Service Leave Liability.

5. The Draft Budget Document will make every attempt to include transfer of a total of 100% of plant depreciation into a Plant Reserve Account or include a lump sum amount determined by Council during the adoption of Budget process as a Municipal Fund direct contribution to the Plant Reserve Account.

1.5 Financial Activity Statement – Material Variance Reporting

Policy Name:

Financial Activity Statement – Material Variance Reporting


Date Adopted: February 2006 Review Date: October 2016

Purpose To ensure Council is maintaining and reports of all material variances comparisons from budget to actual within the specified financial year. Policy 1. Council in March of each year receive a Budget Review comparing the actual and

anticipated operating and capital expenditure/revenue and budgeted operating and capital expenditure/revenue with Council's adopted Material Variance figure adopted with Councils Budget.

2. That the Material Variance figure be reviewed annually during the Budget Adoption process.

1.7 Sale of Land/Housing Proceeds Policy

Policy Name:

Sale of Land/Housing Proceeds Policy


Date Adopted: October 2008 Review Date: October 2016

Purpose Council is to allocate net proceeds from Land and/or Housing sales to Council’s Housing Reserve. Policy 1. In preparation of Council’s Budget Document Council will make allowances under the

Housing Reserve Fund for transfer of net proceeds for land/housing sales to Council’s Housing Reserve.

2. Upon receipt of Net Sale Proceeds from Land and/or Housing stocks Council is to transfer the net proceeds to Council’s Housing Reserve.

1.10 Use of Council Facilities & Plant – Local Community Groups

Policy Name:

Use of Council Facilities & Plant – Local Community Groups

To be read in conjunction with Policy Numbers: 1.8

Date Adopted: July 2010 Review Date: October 2016

Purpose To provide guidance to Council and Staff relating to the hire of Shire of Kellerberrin owned/managed facilities, plant and the hire of those for fundraising/charitable/community functions. Policy The following criteria must be met prior to consideration of the waiving of any hire charges:-

1. The organisation making the application must be based in the Shire of Kellerberrin. 2. The event being undertaken must be for the benefit of local residents. 3. If the event is for a fundraising activity, a local organisation must be the recipient or a

registered charity. Examples of annual functions are, but not limited to:-

1. Kellerberrin Lions Club Annual Seniors Dinner. 2. Kellerberrin Agricultural Society Annual fundraiser.

Examples of major milestone events are, but not limited to:-

1. A Church Centenary Celebration. 2. A Sporting Body/Club milestone (i.e. 75th anniversary of formation).

The CEO is delegated authority to determine the suitability of the application for the use of Council owned/managed facilities and plant. Maximum funding per applicant is $300.

2.2 Smoking – Council Buildings

Policy Name:

Smoking – Council Buildings



Purpose To ensure a Consistent Non-Smoking Environment in all Council owned Buildings or Leased Property. Policy Smoking is prohibited in all Council owned and any building located on Council owned or leased property as per below list. Smoking is permitted in all out door areas at Council venues but not adjacent to doorways or windows as per below Designated Areas. It is the responsibility of the hirer of the building and venue to enforce this policy. Council maintain appropriate no smoking signage at its venues. Smoking is banned in the Council swimming pool facility and receptacles be provided outside the premises for the disposal of cigarette butts etc.

Building Designated Smoking Area Administration Building (Inc Council Chambers)

Courtyard area behind Council Chambers - 5m from door openings

Kellerberrin Memorial Hall (Inc Kitchen and Meeting Room)

Courtyard area behind Council Chambers - 5m from door openings

Shire of Kellerberrin Depot Outside the perimeter fencing. Kellerberrin Recreation and Leisure Centre (Entire Facility)

Eastern end of facility on the synthetic grass on both tiers from the front and eastern fence 5m square. District Club Beer Garden on the South Western corner concreted section

Kellerberrin Bowling Greens Northern End - behind the shade shelter poles Kellerberrin Community Resource Centre

Rear of Building in Car Park - 5m from any door openings

7 Bennett Street Outside of Residence Kellerberrin Memorial Swimming Pool Outside of the Pool Complex 24 Hammond Street Outside of Residence 26 Hammond Street Outside of Residence 29 Hammond Street Outside of Residence Medical Centre Car Park - South side of building 22 Gregory Street Outside of Residence Kellerberrin Children's Centre Outside of Facility Boundary (Car Park)

Doodlakine Hall Outside of Building - 5m from any door openings 4 Moore Street Outside of Residence 7 Thornton Avenue Outside of Residence 68 James Street Outside of Residence 8 Ripper Street Outside of Residence 2 George Street Outside of Residence Unit 2, 29 Leake Street Outside of Residence 29 Leake Street Outside of Residence Ex-Golf Club Clubhouse Outside of Facility Ambulance Building Outside of Facility

2.8 Supply of Council Notice Papers/Minutes and Information

Policy Name:

Supply of Council Notice Papers/Minutes and Information


Date Adopted: November 2006 Review Date: October 2016

Purpose That provision be made for the distribution of Committee and Council Agenda, Minutes and other information to Councillors, Directors and the general public. Policy A. Section 5.94 of the Local Government Act 1995 provides that any person may attend

the office of a Local Government during office hours and free of charge inspect (subject to Section 5.95 of the Act) any of the following documents/information:

1. Code of conduct 2. Register of financial interests 3. Annual report 4. Schedule of fees and charges 5. Plan for principal activities (in the proposed or final form) 6. Proposed local law of which the local government has given Statewide public

notice under Section 3.12 (3) 7. Local law made by the local government in accordance with Section 3.12 8. Regulations made by the Governor under Section 9.60 that operate as if they

were local laws of the local government 9. Text that-

a. Is adopted (wether directly or indirectly) by a local law of the local government of by a regulation that is to operate as if it were a local law of the local government; or

b. Would be adopted by a proposed local law of which the local government has given Statewide public notice under Section 3.12 (3)

10. Subsidiary legislation made or adopted by the local government under any written law other that in this Act

11. Any written law having a provision in respect of which the local government has a power of duty to enforce

12. Rates record 13. Confirmed minutes of Council or Committee Meetings 14. Minutes of electors meetings 15. Notice of papers and agenda relating to any Council or Committee meeting and

reports and other documents that have been – a. Tabled at a Council or Committee meeting or

b. Produced by the local government or a Committee for representation at a Council or Committee meeting and which have been presented at the meeting

16. Report of a review of a local law prepared under Section 3.16(3) 17. Business plan prepared under Section 3.59 18. Register of owners and occupiers under Section 4.32(6) and electoral rolls 19. Contract under Section 3.59 and variation of such contract 20. Such other information relating to the local government

a. Required by a provision of this Act to be available for public inspection; or

b. As prescribed by regulations which are as follows; i. The information contained in a register of delegations to

committees ii. The information contained in a register of, and records relevant

to, delegations to the Chief Executive officer and employees iii. Unconfirmed minutes of Council or Committee meetings iv. Notice papers and agenda relating to any Council or Committee

meeting and reports and other documents which; 1. Are to be tabled at the meeting or 2. Have been produced by the local government or a

Committee for presentation at the meeting v. And which have been made available to members of the Council

or Committee for the meeting vi. The information contained in a tenders register kept under the

Local Government (Functions and Miscellaneous) Regulation 1996.

B. There may be limitations on access to some documents listed in this policy as directed

in Section 5.95 of the Local Government Act. Council staff will be able to assist the general public in regards to this matter.

C. Cost to Supply Copies

Copies of Agendas and minutes, less confidential information and copies of other information will be provided free of charge.

2.9 Release of Unconfirmed Minutes

Policy Name:

Release of Unconfirmed Minutes



Purpose To ensure that the Public release of unconfirmed minutes be at the same time of receipt by Councillors. Policy Council will release copies of its unconfirmed minutes onto its website immediately after they become available to individual Councillors and for inspection to the public, with hard copies also being made available free of charge to the public. Council Minutes remain as unconfirmed minutes until the next Ordinary Meeting of the Council.

2.10 Councillor Agenda Availability

Policy Name:

Councillor Agenda Availability



Purpose To ensure Councillors have suitable and reasonable time to read and be aware of items within the Agenda. Policy 1. That the Chief Executive Officer is to provide a hard/soft copy of Council’s Agenda to

Councillors no later than 12 noon, Thursday prior to Councils Ordinary Council Meeting scheduled for the third Tuesday of each month excluding January.

2. Council will release copies of its Agendas to the public following the agenda being made available to Councillors.

3. Council's Agendas issued to the Public will consist of Agenda items only and will be made available free of charge to the public. The Agenda can be obtained in either hard or soft copy.

2.11 Advertising of Public Notices

Policy Name:

Advertising of Public Notices



Purpose To provide guidance to staff of the approved advertising mediums for Local Public Notices and State wide Public Notices as required by the Local Government Act 1995. Policy That the following media be recognised and approved as advertising mediums appropriate for the following classifications of Public Notices: Local Public Notices Wheatbelt Mercury – being a registered newspaper circulating generally throughout the District. Council’s Public Notice board – for exhibition of a local public notice. Pipeline Newsletter – for local Advertising to district residents. Public Notices are to be advertised on as many occasions as the Local Government Act stipulates or at least once in each of the approved media. Statewide Public Notice West Australian Newspaper – being a registered newspaper circulating generally throughout the State. Public Notices are to be advertised on as many occasions as the Local Government Act stipulates or at least once. General All advertising notices to be authorised by the Chief Executive Officer or in his/her absence the authorised Officer as delegated by the Chief Executive Officer. Thought is to be given as to the days in which advertisements are to be run to minimise costs. The Chief Executive Officer is responsible for implementing this policy.

2.15 Signature Stamp – President

Policy Name:

Signature Stamp – President



Purpose To ensure that the signature stamp of the President is authorised for use by the President only and appropriate procedures are in place and followed. Policy That Council authorises the use of the President’s signature stamp on minutes placed in the minute book with the following conditions:

1. Handwritten signature must appear on both the first and last page of each set of minutes to verify the sighting and acceptance of the President.

2. Handwritten date must appear on both the first and last page of each set of minutes and a date stamp may be used to date the remaining pages.

3. That the Signature Stamp be stored in a locked draw/safe for signing the official record of Council’s Minutes.

4. That a Register be kept for the use of the “signature stamp” by the President, when applying to minutes of the Council.

2.16 Office Hours

Policy Name:

Office Hours



Purpose To detail the hours of operation for the Council’s Office. Policy The Office of the Shire of Kellerberrin is to be open to the public on normal working days (Excluding Public Holidays) as follows: Monday to Friday 8:30am to 4:30pm General Receipting Monday to Friday 8:15am to 5:00pm General Office The Chief Executive Officer is responsible for ensuring that the Shire of Kellerberrin Office is open to the public in accordance with this policy.

2.17 Use of Council Vehicles

Policy Name:

Use of Council Vehicles



Purpose To provide clear guidelines with respect to use of vehicles by Elected Members and Council Staff. Policy Designated Driver The Designated Driver of a specific vehicles shall be an employee of the Council who has: Been assigned the vehicle as part of their Council duties and/or conditions of

employment Hold an appropriate licence Has private use of the vehicle in accordance with their conditions of employment Is responsible for the care and management of the vehicle.

Authorised Driver The following persons holding an appropriate driving licence shall be Authorised Drivers of any Council vehicle available. Any Councillor on Council business acting with the prior knowledge of the CEO and

the designated driver. Any person, provided an authorised designated driver is physically present in the

vehicle; Any person authorised by the Chief Executive Officer or a designated senior officer Any employee of the Council not being a Designated Driver who is authorised by the

Designated Driver; Outside of normal working hours by the spouse or partner of a Designated Driver who

has private Use of a vehicle provided for in their employment contract. General Conditions Designated Drivers and Authorised Drivers must comply with the following conditions with respect to the vehicle in their care; Vehicles are to be brought onto the job every working day (except those days an officer

concerned is on paid leave as agreed), and used for all normal working hours and on occasions may be required outside working hours subject to direction of the Chief Executive Officer and/or designated senior officer.

All employees to whom vehicles are allocated are responsible for their care, including exterior and interior cleaning.

No modifications are to be made to the vehicle without the approval of the Chief Executive Officer.

The vehicle will not be used to compete in automotive competitions, i.e. motor races. Organise servicing when required. Report all accidents immediately.

A Designated Driver or Authorised Driver convicted of drunk or dangerous driving in association with an accident involving a Council vehicle must pay the cost of associated repairs in the event that Council’s insurer’s disclaim responsibility.

No employee shall drive a vehicle whilst under the influence of drugs, whether they are prescribed drugs or illicit drugs, or alcohol. A Vehicle made available for private use shall be subject to the following condition; Conditions contained within individual officer’s employment contract take precedence

over this policy. Reimbursement Where vehicles are used privately outside the Officer’s conditions of employment, approval is required from the Chief Executive officer. The Chief Executive Officer may request a financial contribution from the employee to cover the cost associated with fuel. Officers using a vehicle within the terms of their contract of employment are required to produce receipts. RESPONSIBILITY FOR IMPLEMENTATION The Chief Executive Officer, designated senior officer’s, supervisors, Council members and Council employees are responsible for ensuring that the provisions contained within this policy are adhered to.

2.18 Internet and Email Usage

Policy Name:

Internet and Email Usage



Purpose This policy outlines the Shire of Kellerberrin’s position regarding the use of the internet (World Wide Web) and Email in the workplace. Its purpose is to protect both the Shire and employees from action unintended or otherwise that may result from inappropriate use of the Internet & Email. Policy Authorised Users

Employees authorised by the Shire to use the Internet and Email facilities provided to allow them to perform their work. This includes the following personnel:

• All Administration Staff • Manager Works & Services • Manager Development Services • Natural Resource Management Manager • Community Development Officer • Mechanic • Councillors • Caravan Park Caretaker

Other staff may request access to use internet and email facilities subject to approval by the Chief Executive Officer. Reasonable Grounds A common sense approach to the amount of Internet and Email traffic, storage and processing a person is allowed to use in their own time. Unauthorised Employee Includes any employee that has not been granted permission by the Shire to use, or have access to, the Internet and Email. Policy The Internet and Email are corporate business tools provided to key employees. The purpose of such tools is to assist in research, training and communication as well as provide better access to information. This includes acting in a professional manner when using such tools. Key employees may access the internet in their own time for appropriate private use on reasonable grounds. This does not include:

• Private business transactions or promotion of private business activities; • Private advertising on the Internet; • Personal Web Home Pages; • Any political purpose.

Inappropriate use of this technology including access by unauthorised employees is viewed as a serious disciplinary issue. This includes accessing material considered objectionable or restricted under the Western Australian Censorship Act 1996 e.g. indecent material. Other inappropriate access includes derogatory or radically intolerant web sites or material. Where employees receive an Email that is inappropriate, it is their obligation to immediately delete its contents and any attachments. They must then advise the sender of its inappropriateness and instruct them not to send such messages again. Staff are also required to use appropriate virus software to ensure that the Shire’s computing equipment and work performed on its computer’s are protected from viruses. The Shire will make virus protection software available for this purpose. In the situation where the Shire is satisfied that there has been a breach of this policy, the following action may be taken:

• Warning; and/or • Suspension of access privileges; or • Termination; and/or • Prosecution

Application of Policy Users are responsible for ensuring that their use of the Internet and Email is appropriate and consistent with ethical conduct under this policy and in accordance with the Council’s Code of Conduct. The Shire may monitor usage of its Internet and Email facilities. There can be no expectation of personal privacy in the use of the Shire’s Internet and or Email facilities. The Shire will remind employees of this policy on a regular basis through using the induction process, informal meetings and workplace seminars. The Chief Executive Officer is responsible for implementing this policy.

2.19 Customer Service Charter and Policy

Policy Name:

Customer Service Charter and Policy


Date Adopted: May 2005 Review Date: October 2016

Purpose To demonstrate our commitment to our customers by setting and providing service standards. Policy Standards of Service:

• We will acknowledge you, introduce ourselves and treat you with professional courtesy and respect;

• When you telephone us, we will attend to your call promptly; • When you make telephone contact we will transfer you to the appropriate department; • If the appropriate officer is unavailable your message will be acknowledged within one

working day; • When you write to us we will respond in writing within five working days; • Wherever it is possible we will give you an estimate of the time it will take for us to

attend to an issue; and • When you have a complaint, we will try to resolve it on the spot. If the complaint cannot

be immediately resolved we will assist you to use the Shire of Kellerberrin’s Complaints Procedure.

The Shire of Kellerberrin will be progressively reviewing and improving forms, systems and procedures from a customer’s perspective and the Shire of Kellerberrin will make the development of positive customer service attitudes part of the performance review program of all staff.

2.21 Master Key Authorisation

Policy Name:

Master Key Authorisation


Date Adopted: September 2012 Review Date: October 2016

Purpose To ensure that Master Key (Red Key) is accountable and regulated. Policy That Council's Master Key (Red Key) to be allocated to the following positions; 1. Chief Executive Officer 2. Deputy Chief Executive Officer 3. Manager Works and Services 4. Team Leader – Town 5. Safe The delegated officer is to sign an acceptance form for the key and should the officer leave the organisation the key is to remain the property of Council. The safe key can only be issued out with the Chief Executive Officers authorisation. Should the key be utilised inappropriately the key will be removed from that responsible officer.

2.22 Legislative Compliance

Policy Name:

Legislative Compliance


Date Adopted: June 2014 Review Date: October 2016

Purpose Council shall have appropriate processes and structures to ensure that legislative requirements are achievable and are integrated into the everyday running of the Council. These processes and structures will aim to:-

• Develop and maintain a system for identifying the legislation that applies to Council’s activities.

• Assign responsibilities for ensuring that legislation and regulatory obligations are fully implemented in Council.

• Provide training for relevant staff, Councillors, volunteers and other relevant people in the legislative requirements that affect them.

• Provide people with the resources to identify and remain up-to-date with new legislation.

• Conduct of audits to ensure there is compliance. • Establish a mechanism for reporting non-compliance. • Review accidents, incidents and other situations where there may have been non-

compliance. • Review audit reports, incident reports, complaints and other information to assess how

the systems of compliance can be improved. Policy Responsibilities: Councillors and Committee Members Councillors and Committee members have a responsibility to be aware and abide by legislation applicable to their role. Senior Management (Chief Executive Officer & Senior Staff) Senior Management should ensure that directions relating to compliance are clear and unequivocal and that legal requirements which apply to each activity for which they are responsible are identified. Senior Management should have systems in place to ensure that all staff are given the opportunity to be kept fully informed, briefed and/or trained about key legal requirements relative to their work within the financial capacity to do so. Employees Employees have a duty to seek information on legislative requirements applicable to their area of work and to comply with the legislation. Employees shall report through their supervisors to Senior Management any areas of non-compliance that they become aware of. Implementation of Legislation Council will ensure that when legislation changes steps are taken to ensure that actions comply with the amended legislation.

Identifying Current Legislation Legislation Council accesses electronic up to date versions of legislation through the Western Australian legislation website at www.slp.wa.gov.au. The WA legislation website is the official State Government site for the online publication of legislation, and is provided and maintained by the Dept. of Premier and Cabinet. Australian Standards Council is a subscribing member to Standards Australia and maintains a library of Australian Standards related to Council’s activities. As a member, Council receives alert updates to amendments of the Standards it has purchased. Identifying New or Amended Legislation WA Government Gazette Council provides website access for its staff to the WA Government Gazette which publishes all new or amended legislation applicable to WA. Details of such new or amended legislation are distributed to the applicable officers within Council by email or hard copy. Department of Local Government Council receives regular circulars from the Department of Local Government on any new or amended legislation. Such advices are received through Council’s Records section and are distributed by staff to the relevant Council officers for implementation. Department of Planning Council receives regular circulars from the Department of Planning on any new or amended legislation. Such advices are received through Council’s Records section and are distributed by the staff to the relevant Council officers for implementation. WA Local Government Association Council receives a weekly circular from the WA Local Government Association. These circulars have sections on Legal and Finance and Planning and Environment that highlight changes in legislation applicable to Councils. Obtaining Advice on Legislative Provisions Council shall obtain advice on matters of legislation and compliance where this is necessary. Contact can be made with the relevant Legal Officer in either of the following for advice:- • WA Local Government Association • Department of Local Government • Council’s Solicitors Informing Council of Legislative Change If necessary the Chief Executive Officer or their delegated officer will, on receipt of advice of legislative amendments, submit a report to a Council meeting on the new or amended legislation. Council’s format for all its reports to Council meetings provides that all reports shall have a section headed “Statutory Environment” which shall detail the current Council policy and sections of any Act, Regulation or other legislation that is relevant to the report before the Council. Review of incidents and complaints for Non-compliance

http://www.slp.wa.gov.au/

Council shall review all incidents and complaints in accordance with its incident reporting and complaint handling procedures. Such reviews and investigations will assess compliance with legislation, standards, policies and procedures that are applicable Reporting of Non-compliance All instances of non-compliance shall be reported immediately to the supervising manager. The supervising manager shall determine the appropriate response and, if necessary, report the matter to the relevant Manager. The CEO may investigate any reports of significant non-compliance and if necessary report the non-compliance to the Council and/or the Dept. of Local Government. The CEO will also take the necessary steps to improve compliance systems. Any incidents of non-compliance need to be included in monthly report to CEO and quarterly report to the Audit Committee. Audit on Legislative Compliance Council shall incorporate a review of its processes to ensure legislative compliance is included into its internal audit function. Monthly reports will be provided to the CEO and quarterly to the Audit Committee. The internal audit function will be resourced externally.

2.27Community Engagement

Policy Name:

Community Engagement

To be read in conjunction with Policy Number(s): 2.24

Date Adopted: 18th September 2019 Review Date:

Purpose This policy affirms Council's commitment and approach to community engagement. Policy

Council recognises that Community engagement is the cornerstone to Good governance practice and key to the long term prosperity of the community. Council is therefore committed to transparent, two-way communication and appropriate consultation to inform of the opportunities and decisions that affect the current and future needs of the Kellerberrin community.

This commitment is founded on the core values identified by the International Association for Public Participation (IAP2) which are:

• being open and transparent about the decision-making process and the challenges and

opportunities to be met;

• seeking to involve those community members potentially affected by, or interested in, a decision as early as possible in the decision-making process;

• ensuring that the purpose of our engagement is clear and relevant, and that the level of engagement is appropriate to the decision being made (not over or under engaging);

• ensuring that the methods used are well suited to generate highly-effective and inclusive community engagement from a broad section of the community;

• providing information that is clear, easy to understand, and accessible to the community;

• incorporating the Community’s views into the decision-making process to the agreed level of participation and reporting back to the community how their input was considered and influenced the decision; and

• evaluating our community engagement processes to continually improve our approach to community engagement.

Statutory public notices and regulatory compelled or recommended community consultations notwithstanding, this community engagement may occur for:

• major and strategic projects • policy, plan and strategy development • service delivery programs and • capital works

Where practicable the policy should be applied at the scoping phase of the above listed occurrences or when a reviewing or adding a service level, activity or infrastructure construction. Community engagement is the responsibility of all Council staff and contractors.

In planning a Community engagement process, Council will determine at which level to engage, the nature and methods of the engagement and what corresponding commitment is to be made to the community and/or stakeholders.

Furthermore, the level of engagement that is selected is to govern how feedback from the Community is used at Council and within Council’s decision-making process. Such decision-making processes may be influenced by several factors such as financial and resource considerations, political directives and environmental and social concerns. As such if a difference occurs between the level of engagement and the Council’s final decision, the reasons will be clearly stated.

There is no 'one-size fits all' approach to community engagement activities and a variety of methods are likely to be required to cater for the different purposes of engagement as well as the broad range of groups and individuals in the community.

The conduct of Community engagement is the responsibility of all Council service areas, teams and employees as appropriate to their role and function. To ensure the effective application of community engagement across the Shire of Kellerberrin, Community engagement guidelines tools; and templates are developed.

Definitions

IAP2

The International Association for Public Participation is an international organisation advancing the practice of public participation. IAP2 supports people who implement or participate in public decision-making processes.

Community engagement

Refers to the range of opportunities for involving people, in a meaningful way, in the decisions that affect their lives; it needs to be a purposeful and planned process.

Community

Includes individuals or groups who live, work, play, study, visit, invest in, or pass through the Shire of Kellerberrin local government area.

Good governance practice

Effective processes for making and implementing decisions.

Related legislation

Local Government Act 1995

Related documentation:

Shire of Kellerberrin Strategic Community Plan

4.1 Staff Annual Leave

Policy Name:

Staff Annual Leave



Purpose To ensure that Staff complete and clear annual leave entitlements within a determined timeframe. Policy That it be Council’s Policy that;

1. Council’s Chief Executive Officer and Deputy Chief Executive Officer may not take annual leave entitlements at the same time unless authorised by Council.

2. At a time convenient to both the employee and employer, accrued leave may be taken

after six (6) months of employment and/or after the entitled leave period, proportional leave may be taken thereafter to finalise annual leave entitlements and completed within six (6) months of the date upon which the leave has been fully accrued.

3. The Chief Executive Officer annually shall prepare and be responsible for the

administering of an adopted Annual Leave Schedule.

4. Staff wishing to accumulate Annual Leave over the 12 month period written permission is to be sought from Council’s Chief Executive Officer.

4.2 Rostered Day Off – Inside Staff

Policy Name:

Rostered Day Off – Inside Staff



Purpose To allow a Rostered Day Off (RDO) to accrue for office staff every twenty (20) working days but to ensure that this system is managed to minimise the accrual of days. Policy The inside staff hours are to operate from 8.15 am to 5.00 pm with a 45 minute lunch break, 5 days per week however, staff members may work flexible hours, subject to the agreement of their supervisor/manager.

This allows the employee to accrue one RDO each 20 working days and enables the employee one working day off, to be taken by mutual agreement with the employee and supervisor/manager, subject to workload. All inside staff members, including those on individual contracts are permitted to participate in the RDO scheme.

That rostered days off be allowed to accrue to a total of five (5) days maximum at any one time.

4.3 Rostered Day Off – Outside Staff

Policy Name:

Rostered Day Off – Outside Staff


Date Adopted: February 2007 Review Date: October 2016

Purpose To allow a Rostered Day Off (RDO) to accrue for outside works staff and to ensure that this system is not abused with excess accrual of days as time in lieu (TIL) days. Policy The outside works staff normal operating hours are to operate within 6.00 a.m. to 6.00 p.m. 5 days per week, however staff members may work flexible hours, (Clause 21.7 Local Government Industry Award 2010), as agreed being; By increasing the hours worked to be the following per fortnight: 8 days at 8.5 hours = 68 hrs 1 day at 8 hours (being pay day Friday) = 8 hrs Total hrs/fortnight = 76 hrs 0.5 hour lunch break only for all working days 1 day RDO (accrued by extra hours worked and reduced lunch break)

The Rostered Day Off will always fall on a Monday following pay day for 50% of staff and the other 50% to take the following Monday. In the case of a public holiday the day is to be placed into TIL and outside works staff will take the following Monday as an RDO using the TIL from the previous week due to the public holiday. Some staff may be requested to work on their rostered days off or overtime and may accrue time-in-lieu by mutual agreement. Time in lieu is allowed to accrue to a total of five (5) days maximum at any one time and being considerate towards the total days accrued over a twelve month period, leave to be taken at a time convenient to both the employee and employer and to be extinguished at the earliest opportunity.

4.4 Uniforms

Policy Name:

Uniforms


Date Adopted: December 2018 Review Date: November 2020

Purpose To ensure staff are appropriately attired for Service Delivery.

Definitions

A dm i n i s t r a t i v e pertaining to the Shire of Kellerberrin Administration Office and Council Chambers, the Kellerberrin Recreation and Leisure Centre (offices) or the Kellerberrin Community Resource Centre.

Counc i l elected members of the Shire of Kellerberrin

Ope r a t i on s pertaining predominately to roads, parks, verges, gardens, drains, swimming pools, accommodation facilities, workshops and refuse sites.

P P E personal protective equipment

R ev i ew activity undertaken to determine the suitability, adequacy and effectiveness of the subject matter to achieve established objectives (AS/NZS ISO 31000:2009)

R i s k effect of uncertainty on objectives (AS/NZS ISO 31000:2009)

Se r v i ce De l i v er y process of developing, operating or maintaining Shire services or assets

Sh i r e the Shire of Kellerberrin

Sh i r e P e r sonne l Shire employees, contractors or work experience persons

Sh i r e Sen io r P e r sonne l Shire Personnel who report to or are themselves the Chief Executive Officer

Un i fo rm Shirt (including embroidery of Shire name and Operations Shire Personnel name), pants (including embroidery of Shire name) and/or footwear, and/or three-way jacket (Operations Shire personnel only) and/or magnetic name badge featuring Shire Personnel name and Shire logo (Administrative Shire Personnel only).

Policy

1. COMMITMENTS AS TO UNIFORMS

1. The Shire must only provide a Uniform to Shire Personnel; and

2. The Shire must ensure any Uniform (or part thereof) provided which is intended for use as a component of PPE in relation to Service Delivery is compliant with relevant regulations and standards.

2. RATIONALE FOR PROVIDING UNIFORMS The Shire is committed to providing uniforms in order to:

1. Minimise human and reputation Risk in Service Delivery and 2. Increase the likelihood of achieving its goals.

3. METHOD FOR PROVIDING UNIFORMS

3.1 ADMINISTRATIVE PERSONNEL

1. For Administrative Shire Personnel, the Shire must provide:

(a) a clothing catalogue from which Uniform up to the value of $400

per year ($200 for trainees) may be selected by such personnel and

(b) a name badge consistent within the definition of Uniform within

this policy.

2. Uniform selected at above (a) should be provided on commencement of employment and

annually as required on 1 July, pending approval of the annual budget; and

(b) Uniform consisting of 1 above should be provided on commencement of employment.

3.2 OPERATIONS PERSONNEL

1. The Shire must provide Uniform to Operations Shire Personnel for

which the total value for shirts and pants is not greater than $350 per year;

2. Uniform at (1) above should be provided on commencement of

employment and annually as required on 1 July, pending approval of the annual budget,

3. The Shire must provide Uniform to Operations Shire Personnel for

which the value for footwear is not greater than $150;

4. The Shire must provide Uniform to Operations Shire Personnel for which the value for three-way jacket is not greater than $150;

5. Uniform at (3) and (4) above should be provided on commencement of

employment and upon return to the Manager Works and Services, footwear or three-way jacket previously provided that is in the opinion

of the Manager Works and Services to be in such a condition as to no longer be fit for service.

3.3 SHIRE SENIOR PERSONNEL

1. Uniform provisions for Shire Senior Personnel are as per their

individual contracts.

4. ACCOUNTABILITY AND RESPONSIBILITY

4.1 CHIEF EXECUTIVE OFFICER

The Chief Executive Officer must:

(a) Review periodically the Uniforms policy; and

(b) allocate resources necessary to support the Shire’s rationale for providing uniforms.

4.2 DEPUTY CHIEF EXECUTIVE OFFICER

The Deputy Chief Executive Officer must:

(a) allocate resources necessary for Administrative Shire Personnel to be appropriately attired.

4.3 MANAGER WORKS AND SERVICES

The Manager Works and Services must:

(a) allocate resources necessary for Operations Shire Personnel to be

provided with uniforms.

4.4 SHIRE PERSONNEL

Shire Personnel must:

(a) wear any Uniform (or part thereof) provided which being compliant with relevant standards and regulations is intended for use as a component of PPE in relation to Service Delivery;

(b) where provided a Uniform as at 3 above, wear this uniform in preference

to any other items of clothing personal or otherwise whilst conducting Service Delivery;

(c) wear and maintain any Uniform (or part thereof) provided in a manner of

reasonable decorum, tidiness and cleanliness; and

(d) not wear any Uniform (or part thereof) for purposes other than Service Delivery.

5. REVIEW AND IMPROVEMENT

1. The Shire should Review and improve the Uniforms policy on a periodic basis.

Risk: Failure to comply with legislative requirements leading to damage of reputation and/or financial loss.

Control: Review policies and procedures in accordance with review schedule.

4.5 Provision of Outside Staff Uniforms

Policy Name:

Provision of Outside Staff Uniforms



Purpose To ensure staff are adequately attired for working within an outside environment obliging with Occupational Safety and Health Act (1984) and all other standards and awards Policy Where Council issues protective clothing, all such clothing shall be in accordance with Occupational Safety and Health guidelines. Cloth sunhats, where worn, shall be equipped with neck protection. Sunscreen lotion rated a minimum 30+ shall be made available to all Shire staff required to work outdoors. All permanent employees shall be issued with protective clothing and equipment as required by the relevant Act and Awards. Safety boots will be replaced when worn out (cease to be protective) and will not exceed $150.00 with excess costs to be paid by the employee if a more expensive choice is made. Council prefers boots are purchased from local businesses, although will allow a choice from Council’s preferred Workwear Catalogue. New employees will be issued with safety boots on commencement. New employees shall be issued with Council’s wet weather jacket (Manager Works & Services to order this). Employees annually shall be issued with the following: Four shirts Four pants or shorts or combination

Where overalls are worn by employees engaged in spraying insecticides and/or poisons, such overalls shall be cleaned by the employer. Employees shall be responsible for the safekeeping, care and maintenance of all protective clothing and equipment, including laundering of clothing. Where protective clothing or equipment is lost or damaged due to negligence by an employee, it shall be replaced by that employee. All employees including temporary and causal staff, shall have the following items available for their use on an “as needs” basis:

Helmet, Goggles, Gloves, Earmuffs or earplugs, Sunscreen, Insect repellent, Wet weather protection, Rubber boots, Respirators, Safety hats, Safety vests. These items are for all employees use and are to be returned to the Depot when not required. Disposable items to be binned If staff require additional protective clothing over and above that listed, the employee is to present the worn out clothing to the Manager Works and Services, and request replacement. All contractors commissioned by the Shire of Kellerberrin shall comply with all Occupational Safety and Health guidelines and staff employed by them must be provided with the required protective clothing and equipment.

5.2 Confidential Business

Policy Name:

Confidential Business



Purpose To ensure that confidentiality of matters is available to Council until which time they wish to release the information to the public. Policy Any matters of a confidential nature may be dealt with “in Committee” by Council. Where a matter has been dealt with “in Committee” it shall remain strictly confidential until released for public information by resolution of Council.

5.4 Notice of Ordinary Meetings

Policy Name:

Notice of Ordinary Meetings



Purpose To ensure that Council and the community are aware in advance of when Council Meetings are to take place. Policy The Shire of Kellerberrin Meeting day for Ordinary Council Meetings shall be the third Tuesday of each month. Chief Executive Officer to prepare a list of Meeting dates for presentation to Council and no later than November of each year for the following calendar year. Council may alter Meeting dates/times when required, by resolution. Meetings for a special purpose or Committee Meetings shall be held as and when business dictates.

5.5 Council Delegates – Policy Confidential Business

Policy Name:

Council Delegates – Policy Confidential Business



Purpose That a delegate of the Council must vote with the approval and in the best interest of the Council. Policy That Council's delegate to all organisations is obliged to vote as directed by Council.

5.6 Model Code of Conduct

Policy Name:

Model Code of Conduct



Purpose To provide elected members and staff in Local Government with consistent guidelines for an acceptable standard of professional conduct. Policy PREAMBLE The Model Code of Conduct provides Council Members, Committee Members and staff in Local Government with consistent guidelines for an acceptable standard of professional conduct. The Code addresses in a concise manner the broader issue of ethical responsibility and encourages greater transparency and accountability in individual Local Governments. The Model Code of Conduct is complementary to the principles adopted in the Local Government Act and regulations which incorporates four fundamental aims to result in:- (a) better decision-making by local governments; (b) greater community participation in the decisions and affairs of local governments; (c) greater accountability of local governments to their communities; and (d) more efficient and effective local government. The Code provides a guide and a basis of expectations for Council Members, Committee Members and staff. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Local Government responsibilities may be based. STATUTORY ENVIRONMENT The Model Code of Conduct observes statutory requirements of the Local Government Act 1995 (S 5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs 34B and 34C). RULES OF CONDUCT Council Members acknowledge their activities, behaviour and statutory compliance obligations may be scrutinised in accordance with prescribed rules of conduct as described in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations 2007.

1. ROLES 1.1 Role of Council Member The primary role of a Council Member is to represent the community, and the effective translation of the community’s needs and aspirations into a direction and future for the Local Government will be the focus of the Council Member’s public life. The Role of Council Members as set out in S 2.10 of the Local Government Act 1995 follows:

“A Councillor — (a) Represents the interests of electors, ratepayers and residents of the district; (b) provides leadership and guidance to the community in the district; (c) facilitates communication between the community and the council; (d) participates in the local government’s decision-making processes at council and committee meetings; and (e) performs such other functions as are given to a Councillor by this Act or any other written law.”

A Council Member is part of the team in which the community has placed its trust to make decisions on its behalf and the community is therefore entitled to expect high standards of conduct from its elected representatives. In fulfilling the various roles, Council Members activities will focus on: • achieving a balance in the diversity of community views to develop an overall strategy for

the future of the community; • achieving sound financial management and accountability in relation to the Local

Government’s finances; • ensuring that appropriate mechanisms are in place to deal with the prompt handling of

residents’ concerns; • working with other governments and organisations to achieve benefits for the community at

both a local and regional level; • having an awareness of the statutory obligations imposed on Council Members and on Local

Governments. In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. 1.2 Role of Staff The role of staff is determined by the functions of the CEO as set out in S 5.41 of the Local Government Act 1995: -

“The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this Act and other written laws; (b) ensure that advice and information is available to the council so that informed decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees;

(g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to S 5.37(2) in relation to senior employees); (h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and (i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.”

1.3 Role of Council The Role of the Council is in accordance with S 2.7 of the Local Government Act 1995:

“(1) The council — (a) directs and controls the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies.”

1.4 Relationships between Council Members and Staff An effective Councillor will work as part of the Council team with the Chief Executive Officer and other members of staff. That teamwork will only occur if Council Members and staff have a mutual respect and co-operate with each other to achieve the Council’s corporate goals and implement the Council’s strategies. To achieve that position, Council Members need to observe their statutory obligations which include, but are not limited to, the following:

1. accept that their role is a leadership, not a management or administrative one; 2. acknowledge that they have no capacity to individually direct members of staff to carry

out particular functions; 3. refrain from publicly criticising staff in a way that casts aspersions on their professional

competence and credibility 2. CONFLICT AND DISCLOSURE OF INTEREST 2.1 Conflict of Interest Council Members, Committee Members and staff will ensure that there is no actual (or

perceived) conflict of interest between their personal interests and the impartial fulfilment of their professional duties.

Staff will not engage in private work with or for any person or body with an interest in a

proposed or current contract with the Local Government, without first making disclosure to the Chief Executive Officer. In this respect, it does not matter whether advantage is in fact obtained, as any appearance that private dealings could conflict with performance of duties must be scrupulously avoided.

Council Members, Committee Members and staff will lodge written notice with the Chief

Executive Officer describing an intention to undertake a dealing in land within the local government area or which may otherwise be in conflict with the Council's functions (other than purchasing the principal place of residence).

Council Members, Committee Members and staff who exercise a recruitment or other

discretionary function will make disclosure before dealing with relatives or close friends and will disqualify themselves from dealing with those persons.

Staff will refrain from partisan political activities which could cast doubt on their neutrality

and impartiality in acting in their professional capacity. An individual’s rights to maintain their own political convictions are not impinged upon by this clause. It is recognised that such convictions cannot be a basis for discrimination and this is supported by anti- discriminatory legislation.

2.2 Financial Interest Council Members, Committee Members and staff will adopt the principles of disclosure of financial interest as contained within the Local Government Act. 2.3 Disclosure of Interest Definition: In this clause, and in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996 - “interest” means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association. (a) A person who is an employee and who has an interest in any matter to be discussed at a council or committee meeting attended by the person is required to disclose the nature of the interest -

(i) in a written notice given to the CEO before the meeting; or (ii) at the meeting immediately before the matter is discussed.

(b) A person who is an employee and who has given, or will give, advice in respect of any matter to be discussed at a council or committee meeting not attended by the person is required to disclose the nature of any interest the person has in the matter -

(i) in a written notice given to the CEO before the meeting; or (ii) at the time the advice is given.

(c) A requirement described under items (a) and (b) exclude an interest referred to in S 5.60 of the Local Government Act 1995. (d) A person is excused from a requirement made under items (a) or (b) to disclose the nature of an interest if -

(i) the person's failure to disclose occurs because the person did not know he or she had an interest in the matter; or (ii) the person's failure to disclose occurs because the person did not know the matter in which he or she had an interest would be discussed at the meeting and the person discloses the nature of the interest as soon as possible after becoming aware of the discussion of a matter of that kind.

(e) If a person who is an employee makes a disclosure in a written notice given to the CEO before a meeting to comply with requirements of items (a) or (b), then -

(i) before the meeting the CEO is to cause the notice to be given to the person who is to

preside at the meeting; and (ii) immediately before a matter to which the disclosure relates is discussed at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present.

(f) If -

(i) to comply with a requirement made under item (a), the nature of a person's interest in a matter is disclosed at a meeting; or (ii) a disclosure is made as described in item (d)(ii) at a meeting; or (iii) to comply with a requirement made under item (e)(ii), a notice disclosing the nature of a person's interest in a matter is brought to the attention of the persons present at a meeting,

the nature of the interest is to be recorded in the minutes of the meeting. 3. PERSONAL BENEFIT 3.1 Use of Confidential Information Council Members, Committee Members and staff will not use confidential information to gain improper advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially and in good faith, or to improperly cause harm or detriment to any person or organisation. 3.2 Intellectual Property The title to Intellectual Property in all duties relating to contracts of employment will be assigned to the Local Government upon its creation unless otherwise agreed by separate contract. 3.3 Improper or Undue Influence Council Members and staff will not take advantage of their position to improperly influence other Council Members or staff in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain for themselves or for any other person or body. 3.4 Gifts Definitions: In this clause, and in accordance with Regulation 34B of the Local Government (Administration) Regulations 1996 - “activity involving a local government discretion” means an activity -

(a) that cannot be undertaken without an authorisation from the local government; or (b) by way of a commercial dealing with the local government;

“gift” has the meaning given to that term in S 5.82(4) except that it does not include - (a) a gift from a relative as defined in S 5.74(1); or (b) a gift that must be disclosed under Regulation 30B of the Local Government (Elections) Regulations 1997; or (c) a gift from a statutory authority, government instrumentality or non-profit association for professional training;

“notifiable gift”, in relation to a person who is an employee, means - (a) a gift worth between $50 and $300; or (b) a gift that is one of 2 or more gifts given to the employee by the same person within a period of 6 months that are in total worth between $50 and $300;

“prohibited gift”, in relation to a person who is an employee, means - (a) a gift worth $300 or more; or (b) a gift that is one of 2 or more gifts given to the employee by the same person within a period of 6 months that are in total worth $300 or more.

(a) A person who is an employee is to refrain from accepting a prohibited gift from a person who -

(i) is undertaking or seeking to undertake an activity involving a local government discretion; or (ii) it is reasonable to believe is intending to undertake an activity involving a local government discretion.

(b) A person who is an employee and who accepts a notifiable gift from a person who -

(i) is undertaking or seeking to undertake an activity involving a local government discretion; or (ii) it is reasonable to believe is intending to undertake an activity involving a local government discretion,

notify the CEO, in accordance with item (c) and within 10 days of accepting the gift, of the acceptance. (c) The notification of the acceptance of a notifiable gift must be in writing and include -

(i) the name of the person who gave the gift; and (ii) the date on which the gift was accepted; and (iii) a description, and the estimated value, of the gift; and (iv) the nature of the relationship between the person who is an employee and the person who gave the gift; and (v) if the gift is a notifiable gift under paragraph (b) of the definition of “notifiable gift” (whether or not it is also a notifiable gift under paragraph (a) of that definition) –

(1) a description; and (2) the estimated value; and (3) the date of acceptance,

of each other gift accepted within the 6 month period. (d) The CEO is to maintain a register of notifiable gifts and record in it details of notifications given to comply with a requirement made under item (c). (e) This clause does not apply to gifts received from a relative (as defined in S 5.74(1) of the Local Government Act) or an electoral gift (to which other disclosure provisions apply). (f) This clause does not prevent the acceptance of a gift on behalf of the local government in the course of performing professional or ceremonial duties in circumstances where the gift is presented in whole to the CEO, entered into the Register of Notifiable Gifts and used or retained exclusively for the benefit of the local government. 4. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS AND STAFF 4.1 Personal Behaviour (a) Council Members, Committee Members and staff will:

(i) act, and be seen to act, properly and in accordance with the requirements of the law

and the terms of this Code; (ii) perform their duties impartially and in the best interests of the Local Government

uninfluenced by fear or favour;

(iii) act in good faith (i.e. honestly, for the proper purpose, and without exceeding their powers) in the interests of the Local Government and the community;

(iv) make no allegations which are improper or derogatory (unless true and in the public

interest) and refrain from any form of conduct, in the performance of their official or professional duties, which may cause any reasonable person unwarranted offence or embarrassment; and

(v) always act in accordance with their obligation of fidelity to the Local Government.

(b) Council Members will represent and promote the interests of the Local Government, while

recognising their special duty to their own constituents. 4.2 Honesty and Integrity Council Members, Committee Members and staff will: • observe the highest standards of honesty and integrity, and avoid conduct which might

suggest any departure from these standards;

• bring to the notice of the Mayor/President any dishonesty or possible dishonesty on the part of any other member, and in the case of an employee to the Chief Executive Officer.

• be frank and honest in their official dealing with each other.

4.3 Performance of Duties (a) While on duty, staff will give their whole time and attention to the Local Government's

business and ensure that their work is carried out efficiently, economically and effectively, and that their standard of work reflects favourably both on them and on the Local Government.

(b) Council Members and Committee Members will at all times exercise reasonable care and

diligence in the performance of their duties, being consistent in their decision making but treating all matters on individual merits. Council Members and Committee Members will be as informed as possible about the functions of the Council, and treat all members of the community honestly and fairly.

4.4 Compliance with Lawful Orders (a) Council Members, Committee Members and staff will comply with any lawful order given by

any person having authority to make or give such an order, with any doubts as to the propriety of any such order being taken up with the superior of the person who gave the order and, if resolution cannot be achieved, with the Chief Executive Officer.

(b) Council Members, Committee Members and staff will give effect to the lawful policies of the Local Government, whether or not they agree with or approve of them.

4.5 Administrative and Management Practices Council Members, Committee Members and staff will ensure compliance with proper and reasonable administrative practices and conduct, and professional and responsible management practices. 4.6 Corporate Obligations (a) Standard of Dress Council Members, Committee Members and staff are expected to comply with neat and responsible dress standards at all times. Accordingly:

(i) Council Members and Committee Members will dress in a manner appropriate to their position, in particular when attending meetings or representing the Local Government in an official capacity.

(ii) Management reserves the right to adopt policies relating to corporate dress and to

raise the issue of dress with individual staff. (b) Communication and Public Relations

(i) All aspects of communication by staff (including verbal, written or personal), involving Local Government's activities should reflect the status and objectives of that Local Government. Communications should be accurate, polite and professional.

(ii) As a representative of the community, Council Members need to be not only

responsive to community views, but to adequately communicate the attitudes and decisions of the Council. In doing so Council Members should acknowledge that: - as a member of the Council there is respect for the decision making processes of

the Council which are based on a decision of the majority of the Council; - information of a confidential nature ought not be communicated until it is no longer

treated as confidential; - information relating to decisions of the Council on approvals, permits and so on

ought only be communicated in an official capacity by a designated officer of the Council;

- information concerning adopted policies, procedures and decisions of the Council is conveyed accurately.

(iii) Committee Members accept and acknowledge it is their responsibility to observe any direction the Local Government may adopt in terms of advancing and promoting the objectives of the Committee to which they have been appointed.

4.7 Appointments to Committees As part of their representative role Council Members are often asked to represent the Council on external organisations. It is important that Council Members : • clearly understand the basis of their appointment; and • provide regular reports on the activities of the organisation. 5. DEALING WITH COUNCIL PROPERTY

5.1 Use of Local Government Resources Council Members and staff will: (a) be scrupulously honest in their use of the Local Government's resources and shall not

misuse them or permit their misuse (or the appearance of misuse) by any other person or body;

(b) use the Local Government resources entrusted to them effectively and economically in the

course of their duties; and (c) not use the Local Government's resources (including the services of Council staff) for

private purposes (other than when supplied as part of a contract of employment), unless properly authorised to do so, and appropriate payments are made (as determined by the Chief Executive Officer).

5.2 Travelling and Sustenance Expenses Council Members, Committee Members and staff will only claim or accept travelling and sustenance expenses arising out of travel-related matters which have a direct bearing on the services, policies or business of the Local Government in accordance with Local Government policy and the provisions of the Local Government Act. 5.3 Access to Information

(a) Staff will ensure that Council Members are given access to all information necessary for them to properly perform their functions and comply with their responsibilities.

(b) Council Members will ensure that information provided will be used properly and to assist

in the process of making reasonable and informed decisions on matters before the Council.

5.10 Use of Council Chambers

Policy Name:

Use of Council Chambers



Purpose To promote the Shire with the Community and to regulate the use of the Council Chambers to ensure public usage reflects the best interests of Council and the Community Policy The Council Chambers may be made available for Public Meetings on the following basis:

1. That the meeting is related to Council business, or is associated with Council involvement.

2. That a Councillor or Senior Staff Member is an attendee of the meeting. 3. That the meeting is not a private function, nor used for political or electoral purposes. 4. The Chief Executive Officer is responsible for implementing and ensuring compliance

with this policy.

5.15 Use of Common Seal

Policy Name:

Use of Common Seal


Date Adopted: August 2008 Review Date: October 2016

Purpose To ensure that Council are aware of the use of the Common Seal. Policy That the Chief Executive Officer produce the Common Seal Register on a quarterly basis for endorsement.

6.1 Noise Abatement

Policy Name:

Noise Abatement



Purpose To ensure consistent response to all noise complaints Policy Where complaints are received concerning excessive noise, that the matter be considered as a breach of peace and be handled by the Police Department.

12.4 Visitor Management

Policy Name:

Visitor Management



Purpose The Shire of Kellerberrin is dedicated to protecting the safety and wellbeing of all visitors whilst they are authorised to be on the premises. The safety and health of visitors within the Shire of Kellerberrin must be ensured as a requirement of Section 21 and 22 of the Occupational Safety and Health Act 1984. Policy Members of the Public when visiting the Shire of Kellerberrin Administration Centre and the Outside Depot must; ADMINISTRATION

• Obtain permission to be on the premises beyond the reception area, Permission may only be granted by an Administration Employee of Council.

• Sign the Visitors Log Book on entry and exit. • Staff are to ensure that the visitor is advised of all exits when entering the building. • Staff to provide Lanyards and passes to visitors on entering building and ensure they

are returned on leaving the building. DEPOT

• Obtain permission to be on the premises beyond the front gate, Permission may only be granted by an Employee of Council.

• Sign the Visitors Log Book on entry and exit. • Staff are to ensure that the visitor is advised of all exits when entering the building. • Staff to provide Lanyards and passes to visitors on entering building and ensure they

are returned on leaving the building. • Staff are to ensure that the visitor is provided or is wearing a high visibility shirt or jacket

at all times.


Agenda Reference: 11.1.8 Subject: Legislative Council of WA Select Committee into Local

Government Submission Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: Record Ref: Disclosure of Interest: N/A Date: 20th August 2019 Author: Ms Kate Dudley, Deputy Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND On 4 July 2019, the Legislative Council of Western Australia released a media statement for the Parliamentary inquiry into local government. A select Committee will inquire into the system of local government in Western Australia. The Council received an invitation to prepare a submission in reference to one or more of the terms of reference. Terms of Reference:

(1) That a Select Committee into local government be established (2) The select committee is to inquire into how well the system of local government is functioning

in Western Australia, with particular reference to – a. Whether the Local Government Act 1995 and related legislation is generally suitable in

scope, construction and application; b. The scope of activities of local governments; c. The role of the department of state administering the Local Government Act 1995 and

related legislation; d. The role of elected members and chief executive officers/employees and whether

these are clearly defined, delineated, understood and accepted; e. The funding and financial management of local government; and f. Any other related matters the select committee identifies as worthy of examination and

report. (3) The select committee shall comprise of five members

• Hon. Simon O’Brien MLC • Hon. Laurie William Graham MLC • Hon. Diane Marie Evers MLC • Hon. Martin Aldridge MLC • Hon. Charles Leonard Smith MLC • Mr Mark Warner (Committee Clerk)

(4) The select committee shall report by no later than 12 months after the motion for its establishment is agreed to and may, it if sees fit, provide interim reports to the house.

On 13 August 2019, The Executive Manager Governance & Organisational Services for WALGA distributed a draft submission to the sector to review and provide any feedback on. The Chief Executive Officer and Deputy Chief Executive Officer reviewed the submission and were in general support on the WALGA draft submission. On 7 August 2019, the Legislative Council of Western Australia released another media statement to address queries about whether local government councilors are permitted to make submissions to the inquiry without fear of the submission being used in a legal or disciplinary action against them. The committee advised that submissions received are protected by Parliamentary Privileges and


welcomed submissions from all members of the public, including local government councilors and employees. COMMENT The Council has prepared a submission for the Legislative Council of Western Australia. Officers are of the view that it is important for the local government sector that individual councils provide a written submission. The Council have drafted a submission to address all four terms of reference but with an emphasis on 2.c “the role of the department of state administering the Local Government Act 1995 and related legislation”. WALGA have requested that Councils provide them with a copy of their adopted submission. Submission to the Select Committee by 13 September 2019. FINANCIAL IMPLICATIONS Nil POLICY IMPLICATIONS Nil STATUTORY IMPLICATIONS Local Government Act 1995 and all related legislation and regulations STRATEGIC COMMUNITY PLAN IMPLICATIONS

Nil CORPORATE BUSINESS PLAN IMPLICATIONS (Including Workforce Plan and Asset Management Plan Implications) Nil TEN YEAR FINANCIAL PLAN IMPLICATIONS Nil COMMUNITY CONSULTATION The details of the invitation for submissions and submission period are available to the community on the Shire of Kellerberrin website. ABSOLUTE MAJORITY REQUIRED No STAFF RECOMMENDATION That Council endorses the draft submission to the Select Committee into local government and directs the Chief Executive Officer to provide a copy to the Select Committee.



CARRIED /

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Record Ref: Mr Mark Warner, Committee Clerk Select Committee into Local Government Legislative Council Parliament House, 4 Harvest Terrace WEST PERTH WA 6005 [email protected] 14th August 2019 Dear Sir

Re: Select Committee into Local Government - Submission Thank you for the opportunity for Council’s to provide a submission into the recent formation of the Select Committee into Local Government based on the Terms of Reference detailed in the correspondence of the Committee’s Chairman, the Hon. Simon O’Brien MLC, dated 8th July 2019. Please find attached Council’s submission to the “Term of Reference” to the Select Committee into Local Government. Should you have any queries relating to the above please don’t hesitate to contact me during normal office hours on 9045 4006. Yours sincerely RAYMOND GRIFFITHS Chief Executive Officer

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BACKGROUND

On 4 July 2019, the Legislative Council of Western Australia released a media statement for the Parliamentary inquiry into local government. A select Committee will inquire into the system of local government in Western Australia. The Council received an invitation to prepare a submission in reference to one or more of the terms of reference. Terms of Reference:

(1) That a Select Committee into local government be established (2) The select committee is to inquire into how well the system of local government is

functioning in Western Australia, with particular reference to – a. Whether the Local Government Act 1995 and related legislation is generally

suitable in scope, construction and application; b. The scope of activities of local governments; c. The role of the department of state administering the Local Government Act

1995 and related legislation; d. The role of elected members and chief executive officers/employees and

whether these are clearly defined, delineated, understood and accepted; e. The funding and financial management of local government; and f. Any other related matters the select committee identifies as worthy of

examination and report. (3) The select committee shall comprise of five members

• Hon. Simon O’Brien MLC • Hon. Laurie William Graham MLC • Hon. Diane Marie Evers MLC • Hon. Martin Aldridge MLC • Hon. Charles Leonard Smith MLC • Mr Mark Warner (Committee Clerk)

(4) The select committee shall report by no later than 12 months after the motion for its establishment is agreed to and may, it if sees fit, provide interim reports to the house.

On 7 August 2019, the Legislative Council of Western Australia released another media statement to address queries about whether local government Councillors are permitted to make submissions to the inquiry without fear of the submission being used in a legal or disciplinary action against them. The committee advised that submissions received are protected by Parliamentary Privileges and welcomed submissions from all members of the public, including local government councilors and employees.

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OPENING COMMENTS

Council would like to point out in the first instance it couldn’t understand the reasoning for the formation of this committee at this time considering the current review of the Local Government Act 1995. The sceptic within us feel that this process is more to do with a minority of issues from Local Governments therefore portraying of view upon all Councils. Council understands that over recent times there has been some problems with particular Councils however, the majority of Council’s operate and run their individual Council’s with appropriate, effective and efficient Governance. This said, Council also understands that there is always room for improvement in all Councils and with the current Local Government Act 1995 review we feel that this will assist in this manner. Councils has over recent times has diversed in its operations from when the original Act was introduced with Rates, Roads and Rubbish to now incorporate all aspects of operating communities including but not limited to:

• Child Care Services • Recreational Facilities • Aged Care Housing • GP Services • State Government Housing (Police) • Community Resource Centre’s

Council with the ever increasing need to find alternative sources of funding to assist the operations of Councils have formed “Regional” Councils to engage in regional projects that benefit all Councils. It was through this regional collaboration that Central East Aged Care Alliance (CEACA) was formed which has now constructed seventy one (71) Independent Living Units within eleven (11) Councils in the Wheatbelt region through funding from the State Government. Council has also been working with Wheatbelt East Regional Organisation of Council’s (WEROC) to promote the region with our up and coming Doctors/GP’s with the reintegration of the Wheatbelt Medical Student Immersion Program. The program brings first year university students from Notre Dame and Curtain University’s to the region annually in March to promote the way of living in the Wheatbelt, the diverse range of services required in the region and hopefully provide a positive experience that will promote them returning once they are practicing in medicine.

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TERMS OF REFERENCE

(a) Whether the Local Government Act 1995 and related legislation is generally suitable in its scope, construction and application

The current Local Government Act 1995 and related legislation as recognised by the State Government is aged in the process of operating an effective and efficient Local Government in the current technological world. The Shire of Kellerberrin in conjunction with WEROC and Great Eastern Country Zone have been proactive in the Act Review process, through input into submissions by WEROC and Great Eastern Country Zone.

(b) The scope of activities of Local Governments

Council as highlighted earlier within this correspondence have seen ever growing service requirements on Local Governments. The scope of activities is now well beyond the traditional roles of Roads, Rates and Rubbish that was its traditional role when the current Act was adopted. The scope of activities for Local Governments become ever increasing through lack of provision by State, Federal and Private enterprise therefore the expectation of the community is for Local Governments to pick up the costs and provision of service in the areas highlighted previously. Within the areas listed above it is evident that these areas should be services through State and/or Federal Governments and not to the Local Government of which is currently the case.

(c) The role of the Department of State administering the Local Government Act 1995

and related legislation

The role of the Department of Local Government has diminished over time. The Department was previously sufficiently resourced which provided meaningful and positive support to the industry. This type of support not only Act related but finance, governance and the like ensured that Local Government had a port of call that could assist with issues or queries regarding operations. The question is with the lack of resourcing to the Department, which in turn means lack of support to the sector has this had a detrimental effect in the operations of Councils for one and the attraction/retention of good officers in the industry. This Council feels that this lack of recent resourcing has had this affect.

(d) The role of Elected Members and Chief Executive Officers/employees and whether they are clearly defined, delineated, understood and accepted Council feels that the Local Government Act 1995 clearly defines the responsibilities of the Elected Members and Chief Executive Officer. Councillors in undertaking training through WALGA are again informed of the roles and responsibilities.

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In addition to the training Councillors are informed of their roles and responsibilities through information sessions and at Council meetings. Councils elected members understand that they are only responsible for the employment of the CEO and that it is the CEO’s role is to manage all other staff. With the current legislated training this will also assist in providing clear reinforced guidelines to the elected members. It must be said that irrespective of training, advice and guidance there will always be elected members that feel they have a right to operate outside of their roles.

(e) The funding and financial management of Local Governments

The Shire of Kellerberrin feels that at the time of the Country Local Government Fund that the Local Government sector in the regional areas where sufficiently funded to assist provide essential infrastructure through new and replacement infrastructure. Councils are continually either facing possible reductions of funding avenues or the increase in funding is below the increase of costs associated with operating a Local Government on top of increased pressures from State Government and Private industry through cost shifting onto Councils. The Shire of Kellerberrin has been progressing its financial position over the past five to ten years to ensure its Reserves are adequate for future investments and the seeking alternative funding sources to assist with progressing the Council financially. Council acknowledges however that majority of Regional Local Governments rely on the Federal Assistance Grants (FAG) to supplement budgets, but again this funding model hasn’t been sustained with the increase in GDP over the years which can also be said with the State Government Agreement regarding State Road funding which was originally agreed on a set percentage on vehicle registrations however this percentage was never sustained with increased vehicles/charges more left at the figure provided to Councils in history. Local Governments are also inhibited through the rating system with the extreme amount of exemptions that are provided to organisations. The Regional Local Governments are especially affected through the exemption provided to Co-operative Bulk Handling (CBH). CBH currently pay an ex-gratia rate to Council’s however this insufficient compared to the imposts on the ratepayers with regards to road damage. An example of this is with Tier 3 rail closures and satellite bin closure proposals strategic bins (especially bins on the standard gauge) have been upgraded to handle additional grain normally received at these satellite sites. Therefore grain is travelling more and more on local roads, especially the Councils that cover the last mile at the standard gauge.

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(f) Any other related matters the Select Committee identifies as worthy of examination and report

Council acknowledges that Local Government is the sphere of government that is the grassroots of Government and has the face to face relationship with its constituents. Councils are transparent, accountable and more open to public scrutiny than State and Federal Governments and being the grassroots and frontline sphere of government. Council meetings are publicly accessible incorporating Public Question Time in addition to Electors meetings.

TERMS OF REFERENCE Council would like to thank the Select Committee for considering this submission, as this submission demonstrates the increased scope of activities placed on Councils through cost shifting with the removal of critical support services. The Local Government sector has a very passionate, driven and dedicated elected members and officers that continually strive to improve Council’s operations for the betterment of the communities they represent.


Agenda Reference: 11.1.9 Subject: Direct Debit List and Visa Card Transactions for the month July

2019 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 1st August 2019 Author: Brett Taylor- Senior Finance Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Please see below the Direct Debit List and Visa Card Transactions for the month of July 2019. Municipal Direct Debit List

Date Name Details $ Amount 1-Jul-19 Westnet Internet Fees

4.99

1-Jul-19 Alleasing Gym Equipment Rent

3,121.83 2-Jul-19 Shire of Kellerberrin Creditors

107,250.00

4-Jul-19 Shire of Kellerberrin Creditors

101,465.23 9-Jul-19 Department of Housing Rent

420.00

11-Jul-19 Shire of Kellerberrin Pay Run

56,501.91 12-Jul-19 DLL Photocopier Lease

265.21

12-Jul-19 Shire of Kellerberrin Super Choice

7,597.12 17-Sep-19 Shire of Kellerberrin ATO - BAS Payment

27,968.00

18-Jul-19 Shire of Kellerberrin Creditors

167,490.34 19-Jul-19 Shire of Kellerberrin Creditors

5,595.00

23-Jul-19 Department of Housing Rent

420.00 23-Jul-19 Shire of Kellerberrin Creditors

7,500.75

25-Jul-19 Shire of Kellerberrin Pay Run

58,657.38 26-Jul-19 Shire of Kellerberrin Super Choice

9,280.77

26-Jul-19 NAB Bank Fees

50.98 31-Jul-19 NAB Bank Fees

18.40

31-Jul-19 NAB Bank Fees

46.70 31-Jul-19 NAB Bank Fees

51.20

TOTAL $ 553,705.81

Trust Direct Debit List Date Name Details $ Amount

31-Jul-19 Department of Transport Licencing July 2019

43,081.90

TOTAL $ 43,081.90

Visa Transactions Date Name Details $ Amount

09-Jul-19 Department of Transport Licencing KE2970

40.75 29-Jul-19 NAB Card Fee 9.00

TOTAL - CEO $ 49.75

Date Name Details $ Amount

TOTAL -DCEO

0.00

TOTAL VISA TRANSACTIONS $ 49.75

FINANCIAL IMPLICATIONS (ANNUAL BUDGET)


Financial Management of 2019/2020 POLICY IMPLICATIONS Nil STATUTORY IMPLICATIONS

Local Government (Financial Management) Regulations 1996 34. Financial activity statement report — s. 6.4

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a

specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which

the statement relates; (d) material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the

statement relates, less committed assets and restricted assets; (b) an explanation of each of the material variances referred to in subregulation (1)(d);

and (c) such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity December be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

STRATEGIC PLAN IMPLICATIONS Nil CORPORATE BUSINESS PLAN IMPLICATIONS Nil


TEN YEAR FINANCIAL PLAN IMPLICATIONS Nil COMMUNITY CONSULTATION Nil ABSOLUTE MAJORITY REQUIRED No STAFF RECOMMENDATION 1) That the Direct Debit List for the month of July 2019 comprising;

(a) Municipal Fund – Direct Debit List (b) Trust Fund – Direct Debit List (c) Visa Card Transactions

Be adopted. COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /


Agenda Reference: 11.1.10 Subject: Cheque List July 2019 Location: Shire of Kellerberrin Applicant: N/A File Ref: N/A Record Ref: N/A Disclosure of Interest: N/A Date: 12th August 2019 Author: Morgan Ware, Finance Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Accounts for payment from 1st July 2019 – 31st July 2019 TRUST TRUST TOTAL _______ _________ $ 78,044.91 MUNICIPAL FUND Cheque Payments 34624 - 34640 $ 36,497.97 EFT Payments 9737 - 9781 $ 389,301.32 Direct Debit Payments $ 49,564.61 TOTAL MUNICIPAL $ 425,799.29 COMMENT During the month of July 2019, the Shire of Kellerberrin made the following significant purchases: Allied Equipment Sales Purchase of unused 2019 action tri axle Water Tanker, LDV9HRA35K1000010, Pit passed, 33,000ltr capacity, Eifel pump, Dribble bar, 3 fan sprays 10 stud rims, 90mm king pin, 11R22.5 tyres

$ 107,250.00

Department of Transport - TRUST DIRECT DEBITS Licensing CRC LICENCING PAYMENTS JULY 2019

$ 45,808.50

Woodstock Electrical Services Works completed at Sewrage dam, Caravan Park, Memorial Hall, Recreation Centre, Massingham Street Public Toilets including Materials & Labour. February - June 2019

$ 40,339.09

Perfect Computer Solutions Hp dual xeon server with backup device and 5 x 2tb drives, eaton 200 va ups, windows server 2016 w/ 15 cals, windows server licence for altus server ms exchange server 15 cals, anti virus software, windows remote desktop cal, veeam backup and replication software

$ 31,390.00

Karni Engineering Line bore , fit bushes and pins., Z bar seals., repair rams, steering bushes , labour

$ 30,497.45

Shire Of Kellerberrin PRE-PAID RATES 19/20

$ 28,400.00

Deputy Commissioner Of Taxation BAS June 2019

$ 27,968.00


Central East Aged Care Alliance (CEACA) Annual Contribution 19/20

$ 22,000.00

Innes & Co Hire semi and trailer, May, Truck hire for May 2019

$ 20,556.25

United Card Services Pty Ltd Fuel Purchases, June 19

$ 18,682.35

Brooks Hire Service Pty Ltd Hire grader & roller throughout, June 19 & Environmental levy

$ 14,836.13

Wheatbelt East Regional Organisation of Councils WE-ROC General Subscription 19/20

$ 13,200.00

Shire Of Kellerberrin Staff rates subsidy payments, Rates 19/20

$ 9,763.90

Synergy Power consumption for various properties 5th Apr- 19th Jun

$ 8,688.40

WA Local Government Superannuation Plan Pty Ltd Payroll deductions

$ 7,717.38

Western Australian Treasury Corporation Various Loans GFEE

$ 7,500.75

Avon Waste Domestic Refuse Collection, Commercial Refuse Collection, Recycling Bins, Additional Recycling Bins, Cardboard only service, Transport Collection Waste to Northam, June 19

$ 6,811.23

RAMM Software Pty Ltd RAMM Annual Support and Maintenance Fee 01/07/19 - 30/06/20

$ 6,795.05

WA Local Government Superannuation Plan Pty Ltd Payroll deductions & Superannuation contributions

$ 6,266.35

F-111 Engineering Pty Ltd Partial Payment, 3 x 15" Spider hub axles

$ 5,595.00

Kellerberrin Community Resource Centre Licensing commission May MDL Annual payment for credit card facilities

$ 5,137.53

Farmways Kellerberrin Pty Ltd Purchase of 3x3x2.2 colourbond Garden Sheds for GROH houses, Keypad deadlock for Bus Shed access door, samsung microwave white, Purchase of 2.5kg Terrain for town spraying. Misc items under $100.00

$ 5,121.29

Shire of Kellerberrin 2018/2019 Operating Budget POLICY IMPLICATIONS Nil STATUTORY IMPLICATIONS Local Government (Financial Management) Regulations 1996 11. Payment of accounts

(1) A local government is to develop procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for, and properly authorised use of —


(a) cheques, credit cards, computer encryption devices and passwords, purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; and

(b) Petty cash systems.

(2) A local government is to develop procedures for the approval of accounts to ensure that before payment of an account a determination is made that the relevant debt was incurred by a person who was properly authorised to do so.

(3) Payments made by a local government — (a) Subject to sub-regulation (4), are not to be made in cash; and (b) Are to be made in a manner which allows identification of — (i) The method of payment; (ii) The authority for the payment; and (iii) The identity of the person who authorised the payment.

(4) Nothing in sub-regulation (3) (a) prevents a local government from making payments in cash from a petty cash system.

[Regulation 11 amended in Gazette 31 Mar 2005 p. 1048.] 12. Payments from municipal fund or trust fund

(1) A payment may only be made from the municipal fund or the trust fund — (a) If the local government has delegated to the CEO the exercise of its power to make

payments from those funds — by the CEO; or (b) Otherwise, if the payment is authorised in advance by a resolution of the council.

(2) The council must not authorise a payment from those funds until a list prepared under regulation 13(2) containing details of the accounts to be paid has been presented to the council.

[Regulation 12 inserted in Gazette 20 Jun 1997 p. 2838.] 13. Lists of accounts

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

(2) A list of accounts for approval to be paid is to be prepared each month showing — (a) For each account which requires council authorisation in that month — (i) The payee’s name; (ii) The amount of the payment; and (iii) Sufficient information to identify the transaction; And (b) The date of the meeting of the council to which the list is to be presented.

(3) A list prepared under sub-regulation (1) or (2) is to be — (a) Presented to the council at the next ordinary meeting of the council after the list is

prepared; and (b) Recorded in the minutes of that meeting.


STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS Nil COMMUNITY CONSULTATION Nil ABSOLUTE MAJORITY REQUIRED NO STAFF RECOMMENDATION That Council notes that during the month of July 2019, the Chief Executive Officer has made the following payments under council’s delegated authority as listed in appendix A to the minutes.

1. Municipal Fund payments totalling 425,799.29 on vouchers EFT , CHQ, Direct payments 2. Trust Fund payments totalling $ 78,044.91 on vouchers EFT, CHQ, Direct payments

COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /

Date Name Description Payment Amount

TRUST3088 11/07/2019 Shire Of Kellerberrin BCITF COMMISSION 2018/2019 46.25$

3089 25/07/2019 Shire Of Kellerberrin PRE-PAID RATES 19/20 28,400.00$

6644 31/07/2019 Department of Transport - TRUST DIRECT DEBITS Licensing CRC

LICENCING PAYMENTS JULY 2019 45,808.50$

EFT9736 11/07/2019 Builders Commission/ Department of Commerce BCITF COMMISSION 2018/2019, BP 20-2018, BP5-2019, BP 8-2019, BP 10-2019, BP 16-2019

3,090.16$

EFT9737 11/07/2019 Charles Perry REFUND BOND, SWIPE CARD #1057 50.00$

EFT9738 11/07/2019 Patrick McDonald REFUND BOND, SWIPE CARD #79 50.00$

EFT9778 23/07/2019 Anna Stevens- McClelland REFUND BOND, SWIPE CARD#54 50.00$

EFT9779 23/07/2019 Ashley Frew REFUND BOND, HALL BOND 500.00$

EFT9780 23/07/2019 Christopher Byrne REFUND BOND, SWIPE CARD #155 50.00$ TOTAL 78,044.91$

EFT EFT9698 02/07/2019 Allied Equipment Sales Purchase of unused 2019 action tri axle Water Tanker,

LDV9HRA35K1000010, Pit passed, 33,000ltr capacity, Eifel pump, Dribble bar, 3 fan sprays 10 stud rims, 90mm king pin, 11R22.5 tyres

107,250.00$

EFT9699 04/07/2019 Australia Post Total Supply this period ending 30/06/19 532.89$

EFT9700 04/07/2019 Avon Waste Domestic Refuse Collection, Commercial Refuse Collection, Recycling Bins, Additional Recycling Bins, Cardboard only service, Transport Collection Waste to Northam, June 19

6,811.23$

EFT9701 04/07/2019 BOC Limited Oxygen Industrial E2, Oxygen Industrial G, Argon welding E2, Dissolved Acetylene E

126.64$

EFT9702 04/07/2019 Change Energy Power consumption for Recreation Centre 3,699.40$

EFT9703 04/07/2019 Donovan Ford 30k service 564.40$

EFT9704 04/07/2019 Enviroclean WA Pty Ltd Monthly hire of enviroclean 600 parts washer July 2019 181.50$

EFT9705 04/07/2019 Farmways Kellerberrin Pty Ltd Pestoil RTU, Handle Knob Entry Set sc 42.24$

EFT9706 04/07/2019 Fleet Fitness Annual Service Gymnasium and repair to Leg Press 638.00$

EFT9707 04/07/2019 Frontline Fire & Rescue Equipment Firex 9 kg DCP Fire Extinguisher rated to 6A 81.08$

EFT9708 04/07/2019 Great Southern Fuel Supplies Fuel Purchases, June 19 856.41$

EFT9709 04/07/2019 IXOM Operations Pty Ltd Service Fee- Chlorine Business Packaging - Chlorine 70 kg 163.68$

EFT9710 04/07/2019 Innes & Co Hire semi and trailer, May, Truck hire KE604 & 1TOA617 From dates - 3/5/19 to 31/05/19

20,556.25$

EFT9711 04/07/2019 It Vision Australia Pty Ltd Payroll EOY Essentials Course Tuesday 4th June 2019 275.00$

EFT9712 04/07/2019 Karni Engineering Line bore , fit bushes and pins., Z bar seals., repair rams, steering bushes , labour

30,497.45$

EFT9713 04/07/2019 Kellerberrin Community Resource Centre Monthly Infromation Bay Contribution from the shire - May 2019, 3/4 Page, Rate levy Earthmoving tender

1,866.00$

EFT9714 04/07/2019 Kellerberrin Farmers Co-op Refreshments Shire Office, printing and stationary 553.66$

EFT9715 04/07/2019 Kellerberrin Medical Centre Dvaid McDonald 10/06/19 Level c Surgery 139.40$

EFT9716 04/07/2019 LGRCEU Payroll Deductions 61.50$

EFT9717 04/07/2019 Landgate Valuation Rolls- Min Charge - up to 5000 Values, Mining Tenements 162.95$

EFT9718 04/07/2019 Lorne Inverarity Cart garvel From inverarity pit on kwoylin west to end of bitumen of road gravel sheeting 700m x 1.00/ m, Cole Road 50mx 1.00/ m , , Bradley Road 175m x 1.00/m

925.00$

EFT9719 04/07/2019 Marketforce Local Govt Notices, West Aust Local Law - Animals, Environment & Nuisance Monday 1st April 2019

464.68$

EFT9720 04/07/2019 Metal Artwork Creations Staff Badge - Cr Steber White Aluminum magnetic, Mirro gold aluminium desk name- Kate & Raymond, freight

43.40$

EFT9721 04/07/2019 PW & PM Graham Works carried out at GROH houses, shire facility inspections, Caravak Park, CRC, building budget including materials and labour. 27th June 2019

1,920.00$

EFT9722 04/07/2019 Peak Transport Empty Chlorine bottle to IXOM 104.17$

Shire of Kellerberrin Municipal/Trust Account Submitted

For the Month Ending 31st July 2019

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EFT9723 04/07/2019 Perfect Computer Solutions Monthly IT services ( 4 visits already taken) 1,914.00$

EFT9724 04/07/2019 Perth Energy Caravan Park Power consumption 25th May - 24th Jun 1,514.18$

EFT9725 04/07/2019 Perth Safety Products street sign brackets 264.00$

EFT9726 04/07/2019 QC Ultimate Clean Cleaning/Polish of Public Toilets (Massingham Street) 684.48$

EFT9727 04/07/2019 STS West Pty Ltd 2 x new rims, 1 x new spacer, 2 x tubes & rustbands, fitting - swap tyres onto new rims

3,430.00$

EFT9728 04/07/2019 Slater-Gartell Sports Ultra yellow line marking paint 2 x 10L, Freight, As per quote 91517 357.50$

EFT9729 04/07/2019 Social Club Fund Payroll deductions 65.00$

EFT9730 04/07/2019 Spyker Business Solutions T4000 Communicator Monthly Fee 17.60$

EFT9731 04/07/2019 Succulent Foods Refreshments for shire Administration office 14/06/2019, GST 99.00$

EFT9732 04/07/2019 Thompson Signs Staurt Patterson Sign Recreation Centre 440.00$

EFT9733 04/07/2019 Toll Transport Pty Ltd Various freight received June 2019 84.32$

EFT9734 04/07/2019 United Card Services Pty Ltd Fuel Purchases, June 19 18,682.35$

EFT9735 04/07/2019 Westrac 111-7859 - headliner, cover and Misc items. 2,645.87$

EFT9739 18/07/2019 AMPAC Debt Recovery (WA) Pty Ltd Commissions and costs for the month of July + outstanding from previous invoices

567.50$

EFT9740 18/07/2019 Air Liquide WA Pty Ltd cylinder fee- med oxy - 'c' - 0.4m3 16.08$

EFT9741 18/07/2019 All Ways Foods Disinfectant 5L, Brightwash 10kg, Toilet Paper, Toilet bowl cleaner 440.52$

EFT9742 18/07/2019 Armadale Lock & Key Service 10 x Padlocks, 2 x keys Locks for CCTV boxes

724.00$

EFT9743 18/07/2019 Bob Waddell & Associates Pty Ltd Assist with 18/19 end of year & 19/20 Annual budget and genral accounting assistance

4,686.00$

EFT9744 18/07/2019 Brooks Hire Service Pty Ltd Hire grader & roller throughout, June 19 & Environmental levy 14,836.13$

EFT9745 18/07/2019 Central East Aged Care Alliance (CEACA) Annual Contribution 19/20 22,000.00$

EFT9746 18/07/2019 Covs, a Division of GPC Asian Pacific Pty Ltd 93632BL - tail light assy 249.81$

EFT9747 18/07/2019 Cummins South Pacific Pty Ltd Parts 423.34$

EFT9748 18/07/2019 DKT Rural Agencies Super weed killer 22.50$

EFT9749 18/07/2019 Dylan Copeland CSGS185155 Continuing to combat vegetation decline within shire of kellerberrin, CSGS19144 Enhancing and protecting remnants in shires of kellerberrin and Nungarin Baandee Nrth Clearing Permits

2,728.00$

EFT9750 18/07/2019 Farmways Kellerberrin Pty Ltd Purchase of 3x3x2.2 colourbond Garden Sheds for GROH houses, Keypad deadlock for Bus Shed access door, samsung microwave white, Purchase of 2.5kg Terrain for town spraying. Misc items under $100.00

5,121.29$

EFT9751 18/07/2019 Five Star Business Equipment & Communications Bizhub.c454e Billing period June 2019 Read date 13/06/19 Black Meter 241,950 $94.655 & Colour Meter 76,555 $340.01

434.67$

EFT9752 18/07/2019 Geraldine Nominees T/AS Daimler Trucks Perth QFLC A18-43367-001- DOOR LATCH RH 108.20$

EFT9753 18/07/2019 IT Vision User Group Inc It Vision User group, Membership Subscription 19/20 748.00$

EFT9754 18/07/2019 J.Blackwood & Son Pty Ltd Various parts required to carry out maintenance May & June 2019 626.48$

EFT9755 18/07/2019 Kellerberrin Chambers of Commerce and Industry Replacement of Teradrop banner 140.00$

EFT9756 18/07/2019 Kellerberrin Community Resource Centre Licensing commission May MDL Annual payment for credit card facilites 5,137.53$

EFT9757 18/07/2019 Kellerberrin Newsagency Newspapers and magazines 93.90$

EFT9758 18/07/2019 Kellerberrin Pharmacy Energerix B Adult pref syrng - Simon Beckham 34.95$

EFT9759 18/07/2019 Landgate Land Enquriy 77.10$

EFT9760 18/07/2019 Local Health Authorities Analytical Committee Analytic services, invoice for 19/20 509.30$

EFT9761 18/07/2019 Major Motors Pty Ltd 5876102040 - clutch kit 447.98$

EFT9762 18/07/2019 Mcleods Barristers And Solicitors RE: Contractual dispute basketball courts 1,088.12$

EFT9763 18/07/2019 Moore Stephens Compilation and submission of Fringe Benefit Return as per Quote dated 26 March 2019

3,591.50$

EFT9764 18/07/2019 PW & PM Graham Works carried out throughout July 2019, Materials & Labour 2,940.00$

EFT9765 18/07/2019 Perfect Computer Solutions Hp dual xeon server with backup device and 5 x 2tb drives, eaton 200 va ups, windows server 2016 w/ 15 cals, windows server licence for altus server ms exchange server 15 cals, anti virus software, windows remote desktop cal, veeam backup and replication software

31,390.00$

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EFT9766 18/07/2019 R Munns Engineering Consulting Services Consulting work on Shire of Kellerberrins 19/20 roadworks budget, Cost estimates 12th 25th June 19, Labour & Travel

3,700.49$

EFT9767 18/07/2019 RAMM Software Pty Ltd RAMM Annual Support and Maintenance Fee 01/07/19 - 30/06/20 6,795.05$

EFT9768 18/07/2019 Shire Of Merredin Environmental health officer 13/06/19 - 4 Hours 17/06/19 - 7.6 Hours 1,020.80$

EFT9769 18/07/2019 Toll Transport Pty Ltd Truckline , Freight 21.45$

EFT9770 18/07/2019 Truckline Lower rubber cushion joint turnable 344.15$

EFT9771 18/07/2019 WCS Concrete Pty Ltd Supply & Delivery of 2.8m/3 20MPA concrete to Hammond Street 843.92$

EFT9772 18/07/2019 West Coast on Hold Monthly message on hold- July 2019 69.00$

EFT9773 18/07/2019 Wheatbelt East Regional Organisation of Councils WE-ROC

General Subscription 19/20 13,200.00$

EFT9774 18/07/2019 Wheatbelt Plumbing & Gas Works carried out at Caravan Park throughout July 2019 including Materials & Labour

1,843.60$

EFT9775 18/07/2019 Woodstock Electrical Services Works completed at Sewrage dam, Caravan Park, Memorial Hall, Recreation Centre, Massingham Street Public Toilets including Materials & Labour. February - June 2019

40,339.09$

EFT9776 18/07/2019 Wurth Australia Pty Ltd pump spray bottle, Cannister accessories, Del & Handling fee 129.89$

EFT9777 19/07/2019 F-111 Engineering Pty Ltd Partial Payment, 3 x 15" Spider hub axles 5,595.00$

EFT9781 23/07/2019 Western Australian Treasury Corporation Various Loans GFEE 7,500.75$ TOTAL 389,301.32$

CHEQUE34624 04/07/2019 Housing Authority - Merredin Water account: 73 gregory street 5/4/19 to 6/6/19 95.01$

34625 04/07/2019 Shire of Kellerberrin Licencing Vehicle licence and moto injury insurance policy KE2241 24.00$

34626 04/07/2019 Synergy Power consumption for various properties 5th Apr- 19th Jun 8,688.40$

34627 04/07/2019 Telstra Acc No. 2000 01604 8652 billing period 15th May- 14 June Big pond Broad Band

49.95$

34628 04/07/2019 Water Corporation Water consumption for various properties April - June 565.17$

34629 18/07/2019 Autopro Northam RWL3420F - Roadvision work / flood light 150.12$

34630 18/07/2019 Kellerberrin Agricultural Society Sponsorship Kellerberrin Agricultural Show 2019 3,000.00$

34631 18/07/2019 Kellerberrin Golf Club Community Budget Submission 2019 2,200.00$

34632 18/07/2019 Origin Power consumption for 260 Connelly St 21st Jun 19 939.40$

34635 18/07/2019 Shire of Northam Rubbish Bin Old quarry road tipping fee for other councils old quarry tipping fees may 19-3/5/19 7.10T, 10/05/19 6.92T, 17/5/19 6.34T, 24/5/19 7.14T 31/5/19 7.18T

2,631.15$

34636 18/07/2019 Synergy Streetlights Tariff Charge (257) from 25 Apr - 24 Jun & Power charges 4,930.35$

34637 18/07/2019 Telstra Telstra Account usage 2,777.44$

34638 18/07/2019 Water Corporation Water Charges for standpipes June - July 19 133.08$

34639 18/07/2019 Wheatbelt Agcare Community Support Services Inc Contribution to Rural Family Conselling service for 19/20 Financial Year 550.00$

34640 25/07/2019 Shire Of Kellerberrin Staff rates subsidy payments, Rates 19/20 9,763.90$ TOTAL 36,497.97$

DIRECT DEBITDD6553.1 04/07/2019 VISA Payments - National Australia Bank Fuel KE1, Vacuum Bags, Licence Fire Truck, Card Fees 378.13$

DD6557.1 05/07/2019 Driver And Vehicle Services Department Of Transport DoT Inspections 108.56$

DD6559.1 01/07/2019 Westnet Pty Ltd Monthly fees for administration internet, 2 x Service charges 4.99$

DD6561.1 01/07/2019 Maia Financial Pty Ltd Recreation centre gym equipment, Monthly lease fee (Direct debit - every 3 months)

3,121.83$

DD6565.1 09/07/2019 Housing Authority - Merredin Fortnightly rent for 73 Gregory St, Kellerberrin 420.00$

DD6572.1 11/07/2019 WA Local Government Superannuation Plan Pty Ltd Payroll deductions & Superannuation contributions 6,266.35$

DD6572.2 11/07/2019 Australian Super Superannuation contributions 944.74$

DD6572.3 11/07/2019 Prime Super Superannuation contributions 202.38$

DD6572.4 11/07/2019 AMP Retirement Trust Superannuation contributions 183.65$

DD6576.1 12/07/2019 DLL Group Monthly photocopier lease costs 265.21$

DD6599.1 25/07/2019 WA Local Government Superannuation Plan Pty Ltd Payroll deductions 7,717.38$

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DD6599.2 25/07/2019 Australian Super Payroll & Superannuation contributions 1,173.75$

DD6599.3 25/07/2019 Prime Super Superannuation Contributions 208.80$

DD6599.4 25/07/2019 AMP Retirement Trust Superannuation Contributions 180.84$

DD6604.1 23/07/2019 Housing Authority - Merredin Fortnightly rent for 73 Gregory St, Kellerberrin 420.00$

DD6616.1 17/07/2019 Deputy Commissioner Of Taxation PAYG Tax 27,968.00$ TOTAL 49,564.61$

TOTAL TRUST $ 78,044.91 TOTAL MUNI $ 425,799.29

TOTAL DIRECT DEBITS $ 49,564.61 TOTAL $ 553,408.81

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Agenda Reference: 11.1.11 Subject: Financial Management Report for July 2019 Location: Shire of Kellerberrin Applicant: Shire of Kellerberrin File Ref: Record Ref: Disclosure of Interest: Date: 9 August 2019 Author: Kate Dudley, Deputy Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Enclosed is the Monthly Financial Report for the month of July 2019. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) Financial Management of 2019/2020 Budget POLICY IMPLICATIONS Nil STATUTORY IMPLICATIONS

Local Government (Financial Management) Regulations 1996 34. Financial activity statement report — s. 6.4

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a

specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which

the statement relates; (d) material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the

statement relates, less committed assets and restricted assets; (b) an explanation of each of the material variances referred to in subregulation (1)(d);

and (c) such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity be shown —


(a) according to nature and type classification; or (b) by program; or (c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

STRATEGIC PLAN IMPLICATIONS Nil CORPORATE BUSINESS PLAN IMPLICATIONS Nil TEN YEAR FINANCIAL PLAN IMPLICATIONS Nil COMMUNITY CONSULTATION Nil ABSOLUTE MAJORITY REQUIRED Yes STAFF RECOMMENDATION That the Financial Report for the month of July 2019 comprising;

(d) Statement of Financial Activity (e) Note 1 to Note 13

Be adopted. COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr. That the Financial Report for the month of July 2019 comprising;

(a) Statement of Financial Activity (b) Note 1 to Note 13

Be adopted.

CARRIED /

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58.1

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58.2


MONTHLY FINANCIAL REPORT(Containing the Statement of Financial Activity)

For the Period Ended 31 July 2019

LOCAL GOVERNMENT ACT 1995

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1996

TABLE OF CONTENTS

Monthly Summary Information 3

Statement of Financial Activity by Program 5

Statement of Financial Activity by Nature or Type 7

Note 1 Statement of Financial Activity Information 8

Note 2 Cash and Financial Assets 9

Note 3 Receivables 10

Note 4 Other Current Assets 11

Note 5 Payables 12

Note 6 Rating Revenue 13

Note 7 Disposal of Assets 14

Note 8 Capital Acquisitions 15

Note 9 Borrowings 17

Note 10 Cash Reserves 18

Note 11 Other Current Liabilities 19

Note 12 Grants and Contributions 20

Note 13 Trust Fund 22

Note 14 Explanation of Material Variances 23

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58.3

MONTHLY FINANCIAL REPORT

FOR THE PERIOD ENDED 31 JULY 2019 INFORMATION

PREPARATION TIMING AND REVIEW SIGNIFICANT ACCOUNTING POLICES

Date prepared: All known transactions up to 08 August 2019 GOODS AND SERVICES TAX

Revenues, expenses and assets are recognised net of the

amount of GST, except where the amount of GST incurred is

not recoverable from the Australian Taxation Office (ATO).

BASIS OF PREPARATION Receivables and payables are stated inclusive of GST

receivable or payable. The net amount of GST recoverable

REPORT PURPOSE from, or payable to, the ATO is included with receivables or

This report is prepared to meet the requirements of Local payables in the statement of financial position. Cash flows

Government (Financial Management) Regulations 1996 , are presented on a gross basis. The GST components of cash

Regulation 34 . Note: The statements and accompanying flows arising from investing or financing activities which

notes are prepared based on all transactions recorded at are recoverable from, or payable to, the ATO are presented

the time of preparation and may vary due to transactions as operating cash flows.

being processed for the reporting period after the date of

preparation. CRITICAL ACCOUNTING ESTIMATES

The preparation of a financial report in conformity with BASIS OF ACCOUNTING Australian Accounting Standards requires management to

This statement comprises a special purpose financial make judgements, estimates and assumptions that effect

report which has been prepared in accordance with the application of policies and reported amounts of assets

Australian Accounting Standards (as they apply to local and liabilities, income and expenses. The estimates and

governments and not-for-profit entities and to the extent associated assumptions are based on historical experience

they are not in-consistent with the Local Government Act and various other factors that are believed to be

1995 and accompanying regulations), Australian reasonable under the circumstances; the results of which

Accounting Interpretations, other authoritative form the basis of making the judgements about carrying

pronouncements of the Australian Accounting Standards values of assets and liabilities that are not readily

Board, the Local Government Act 1995 and accompanying apparent from other sources. Actual results may differ from

regulations. Accounting policies which have been adopted these estimates.

in the preparation of this financial report have been

consistently applied unless stated otherwise. ROUNDING OFF FIGURES

All figures shown in this statement are rounded to the

Except for cash flow and rate setting information, the nearest dollar.

report has been prepared on the accrual basis and is

based on historical costs, modified, where applicable, by

the measurement at fair value of selected non-current

assets, financial assets and liabilities.

THE LOCAL GOVERNMENT REPORTING ENTITY

All Funds through which the Council controls resources to

carry on its functions have been included in this statement.

In the process of reporting on the local government as a

single unit, all transactions and balances between those

funds (for example, loans and transfers between Funds)

have been eliminated. All monies held in the Trust Fund are

excluded from the statement, but a separate statement of

those monies appears at Note 13.

SHIRE OF KELLERBERRIN | 2

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58.4

MONTHLY FINANCIAL REPORT

FOR THE PERIOD ENDED 31 JULY 2019 SUMMARY GRAPHS

OPERATING REVENUE OPERATING EXPENSES

CAPITAL REVENUE CAPITAL EXPENSES

This information is to be read in conjunction with the accompanying Financial Statements and Notes.

Rates85%

Operating Grants, Subsidies and Contributions5%

Fees and Charges9%

Service Charges0%

Interest Earnings0%

Other Revenue1%

Profit on Disposal of Assets0%

Employee Costs26%

Materials and Contracts24%

Utility Charges2%

Depreciation on Non-Current Assets31%

Interest Expenses2%

Insurance Expenses14%

Other Expenditure1%

Loss on Disposal of Assets0%

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ ('

000

s)

Budget Operating Expenses -v-YTD Actual

Budget 2019-20

Actual 2019-20

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

5,000


Am

ou

nt

$ ('

000

s)

Budget Operating Revenues -v- Actual

Budget 2019-20

Actual 2019-20

0

500

1,000

1,500

2,000

2,500

3,000

3,500


Am

ou

nt

$ ('

000

s)

Budget Capital Revenue -v- Actual

Budget 2019-20

Actual 2019-20

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

5,000


Am

ou

nt

$ ('

000

s)

Budget Capital Expenses -v- Actual

Budget 2019-20

Actual 2019-20


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58.5

KEY TERMS AND DESCRIPTIONS

FOR THE PERIOD ENDED 31 JULY 2019 STATUTORY REPORTING PROGRAMS

ACTIVITIESGOVERNANCETo provide a decision making process for the Administration and operation of facilities and services to members of Council. Other costsefficient allocation of scarce resources that relate to the task of assisting elected members and ratepayers on matters which do not

concern specific Council services.

GENERAL PURPOSE FUNDINGTo collect revenue to allow for the provision of Rates, general purpose government grants and interest revenue.services

LAW, ORDER, PUBLIC SAFETYTo provide services to help ensure a safer Supervision of various by-laws, fire prevention, emergency services and animal control.community

HEALTHTo provide an operational framework for good Food quality and pest control, immunisation services.community health

EDUCATION AND WELFARETo meet the needs of the community in these Provision of Pre-School facilitiesareas

HOUSINGTo provide and maintain housing for staff and Provision and maintenance of housing for staff and the community.the community

COMMUNITY AMENITIESProvide services required by the community Rubbish collection services, operation of tips, noise control, administration of town planning

scheme, maintenance of cemetery and provision of Land Care Services.

RECREATION AND CULTURETo establish and manage efficiently Maintenance of halls, aquatic centre, recreation centre, reserves and parks, library.infrastructure and resources which will help the social well being of the community

TRANSPORTTo provide effective and efficient transport Construction and maintenance of streets, roads, bridges; cleaning and lighting of streets,services to the community depot maintenance, licensing services and airstrip maintenance.

ECONOMIC SERVICESTo help promote the Shire and improve its The regulation and provision of tourism, area promotion, building control, sale yards, noxiouseconomic wellbeing weeds, vermin control and standpipes.

OTHER PROPERTY AND SERVICESPooled costs and other unclassified transactions Private works operations, plant repairs and operation costs.

Shire operations as disclosed in these financial statements encompass the following service orientated activities/programs.


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58.6

STATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDED 31 JULY 2019 STATUTORY REPORTING PROGRAMS

Ref

Var. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.

Note

$ $ $ $ %

Opening Funding Surplus / (Deficit) 1(c) 2,020,281 2,020,281 2,334,669 314,388 15.56%

Revenue from operating activitiesGovernance 34,000 3,268 2,758 (510) (15.61%)

General Purpose Funding - Rates 6 2,211,570 186,597 2,212,102 2,025,505 1085.50% p

General Purpose Funding - Other 1,193,406 11,681 74,720 63,039 539.67% p

Law, Order and Public Safety 44,797 3,733 238 (3,495) (93.62%)

Health 16,000 1,332 1,013 (319) (23.95%)

Education and Welfare 5,200 433 400 (33) (7.62%)

Housing 163,920 415 0 (415) (100.00%)

Community Amenities 141,021 11,748 127,545 115,797 985.67% p

Recreation and Culture 46,350 3,861 1,975 (1,886) (48.85%)

Transport 159,910 13,324 136,298 122,974 922.95% p

Economic Services 408,376 34,029 24,101 (9,928) (29.18%)

Other Property and Services 156,000 25,806 20,291 (5,515) (21.37%)

4,580,550 296,227 2,601,441 2,305,214

Expenditure from operating activities

Governance (748,305) (62,772) (124,551) (61,779) (98.42%) q

General Purpose Funding (230,080) (19,170) (11,134) 8,036 41.92%

Law, Order and Public Safety (183,249) (15,257) (31,508) (16,251) (106.52%) q

Health (112,890) (9,394) (7,732) 1,662 17.69%

Education and Welfare (31,199) (2,595) (575) 2,020 77.84%

Housing (151,764) 624 (6,076) (6,700) 1073.72%

Community Amenities (552,569) (46,020) (24,637) 21,383 46.46% p

Recreation and Culture (1,381,735) (115,050) (73,320) 41,730 36.27% p

Transport (2,321,334) (193,424) (264,872) (71,448) (36.94%) q

Economic Services (627,586) (52,271) (45,983) 6,288 12.03%

Other Property and Services (185,312) (28,228) (129,694) (101,466) (359.45%) q

(6,526,023) (543,557) (720,082) (176,525)

Non-cash amounts excluded from operating activities 1(a) 2,473,933 206,141 224,697 18,556 9.00%

Amount attributable to operating activities 528,460 (41,189) 2,106,056 2,147,245

Investing ActivitiesProceeds from non-operating grants, subsidies and

contributions 12(b) 2,868,810 239,066 131,507 (107,559) (44.99%) q

Proceeds from disposal of assets 7 373,000 0 0 0 0.00%

Purchase of property, plant and equipment 8 (4,517,556) (376,430) (14,716) 361,714 96.09% p

Amount attributable to investing activities (1,275,746) (137,364) 116,791 254,155

Financing Activities

Transfer from Reserves 10 171,395 0 0 0 0.00%

Repayment of Debentures 9 (186,291) (8,729) (8,729) 0 0.00%

Transfer to Reserves 10 (1,258,099) (36) (36) 0 0.00%

Amount attributable to financing activities (1,272,995) (8,765) (8,765) 0

Closing Funding Surplus / (Deficit) 1(c) 0 1,832,963 4,548,751

KEY INFORMATION

The material variance adopted by Council for the 2019-20 year is $10,000 or 10.00% whichever is the greater.

This statement is to be read in conjunction with the accompanying Financial Statements and notes.

threshold. Refer to Note 14 for an explanation of the reasons for the variance.

Adopted

Budget

YTD

Budget

(a)

YTD

Actual

(b)

pq Indicates a variance between Year to Date (YTD) Actual and YTD Actual data as per the adopted materiality threshold. Refer to

Note 2 for an explanation of the reasons for the variance.


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58.7

KEY TERMS AND DESCRIPTIONS

FOR THE PERIOD ENDED 31 JULY 2019 NATURE OR TYPE DESCRIPTIONS

REVENUE EXPENSES

RATES EMPLOYEE COSTS

All rates levied under the Local Government Act 1995. All costs associate with the employment of person such as

Includes general, differential, specific area rates, minimum salaries, wages, allowances, benefits such as vehicle and

rates, interim rates, back rates, ex-gratia rates, less housing, superannuation, employment expenses, removal

discounts offered. Exclude administration fees, interest on expenses, relocation expenses, worker's compensation

instalments, interest on arrears and service charges. insurance, training costs, conferences, safety expenses,

medical examinations, fringe benefit tax, etc.OPERATING GRANTS, SUBSIDIES AND CONTRIBUTIONS

Refer to all amounts received as grants, subsidies and MATERIALS AND CONTRACTS

contributions that are not non-operating grants. All expenditures on materials, supplies and contracts not

classified under other headings. These include supply of NON-OPERATING GRANTS, SUBSIDIES AND CONTRIBUTIONS goods and materials, legal expenses, consultancy,

Amounts received specifically for the acquisition, maintenance agreements, communication expenses,

construction of new or the upgrading of noncurrent assets advertising expenses, membership, periodicals,

paid to a local government, irrespective of whether these publications, hire expenses, rental, leases, postage and

amounts are received as capital grants, subsidies, freight etc. Local governments may wish to disclose more

contributions or donations. detail such as contract services, consultancy, information

technology, rental or lease expenditures.PROFIT ON ASSET DISPOSAL

Profit on the disposal of assets including gains on the UTILITIES (GAS, ELECTRICITY, WATER, ETC.)

disposal of long term investments. Losses are disclosed Expenditures made to the respective agencies for the

under the expenditure classifications. provision of power, gas or water. Exclude expenditures

incurred for the reinstatement of roadwork on behalf of FEES AND CHARGES these agencies.

Revenues (other than service charges) from the use of

facilities and charges made for local government services, INSURANCE

sewerage rates, rentals, hire charges, fee for service, All insurance other than worker's compensation and health

photocopying charges, licences, sale of goods or benefit insurance included as a cost of employment.

information, fines, penalties and administration fees. Local

governments may wish to disclose more detail such as LOSS ON ASSET DISPOSAL

rubbish collection fees, rental of property, fines and Loss on the disposal of fixed assets.

penalties, other fees and charges.DEPRECIATION ON NON-CURRENT ASSETS

SERVICE CHARGES Depreciation expense raised on all classes of assets.

Service charges imposed under Division 6 of Part 6 of the

Local Government Act 1995 . Regulation 54 of the Local INTEREST EXPENSES

Government (Financial Management) Regulations 1996 Interest and other costs of finance paid, including costs of

identifies these as television and radio broadcasting, finance for loan debentures, overdraft accommodation and

underground electricity and neighbourhood surveillance refinancing expenses.

services. Exclude rubbish removal charges. Interest and

other items of a similar nature received from bank and OTHER EXPENDITURE

investment accounts, interest on rate instalments, interest Statutory fees, taxes, provision for bad debts, member's fees

on rate arrears and interest on debtors. or State taxes. Donations and subsidies made to community

groups.

INTEREST EARNINGS

Interest and other items of a similar nature received from

bank and investment accounts, interest on rate instalments,

interest on rate arrears and interest on debtors.

OTHER REVENUE / INCOME

Other revenue, which can not be classified under the above

headings, includes dividends, discounts, rebates etc.


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58.8

STATEMENT OF FINANCIAL ACTIVITY

FOR THE PERIOD ENDED 31 JULY 2019 BY NATURE OR TYPE

RefVar. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.

Note

$ $ $ $ %

Opening Funding Surplus / (Deficit) 1(c) 2,020,281 2,020,281 2,334,669 314,388 15.56% p

Revenue from operating activities

Rates 6 2,211,570 186,597 2,212,102 2,025,505 1085.50% p

Operating grants, subsidies and

contributions 12(a) 1,210,299 15,391 135,585 120,194 780.94% p

Fees and charges 708,785 56,754 241,601 184,847 325.70% p

Interest earnings 48,020 4,000 1,363 (2,637) (65.93%)

Other revenue 353,876 29,486 10,790 (18,696) (63.41%)

Profit on disposal of assets 7 48,000 3,999 0 (3,999) (100.00%)

4,580,550 296,227 2,601,441 2,305,214 p


Employee costs (1,854,090) (162,894) (189,087) (26,193) (16.08%)

Materials and contracts (1,402,916) (192,500) (172,974) 19,526 10.14% p

Utility charges (358,373) (29,832) (14,160) 15,672 52.53% p

Depreciation on non-current assets (2,449,981) (204,144) (224,697) (20,553) (10.07%)

Interest expenses (98,897) (8,240) (9,798) (1,558) (18.91%)

Insurance expenses (219,689) (18,285) (102,262) (83,977) (459.27%)

Other expenditure (70,125) 78,334 (7,104) (85,438) 109.07%

Loss on disposal of assets 7 (71,952) (5,996) 0 5,996 100.00%

(6,526,023) (543,557) (720,082) (176,525)

Non-cash amounts excluded from operating

activities 1(a) 2,473,933 206,141 224,697 18,556 9.00% p

Amount attributable to operating activities 528,460 (41,189) 2,106,056 2,147,245 p

Investing activities

Non-operating grants, subsidies and contributions 12(b) 2,868,810 239,066 131,507 (107,559) (44.99%)

Proceeds from disposal of assets 7 373,000 0 0 0 0.00%

Payments for property, plant and equipment 8 (4,517,556) (376,430) (14,716) 361,714 (96.09%) p

Amount attributable to investing activities (1,275,746) (137,364) 116,791 254,155 p

Financing Activities

Transfer from reserves 10 171,395 0 0 0 0.00%

Repayment of debentures 9 (186,291) (8,729) (8,729) 0 0.00%

Transfer to reserves 10 (1,258,099) (36) (36) 0 0.00%

Amount attributable to financing activities (1,272,995) (8,765) (8,765) 0

Closing Funding Surplus / (Deficit) 1(c) 0 1,832,963 4,548,751

KEY INFORMATION

pq Indicates a variance between Year to Date (YTD) Actual and YTD Actual data as per the adopted materiality threshold.

Refer to Note 14 for an explanation of the reasons for the variance.

This statement is to be read in conjunction with the accompanying Financial Statements and Notes.

Adopted

Budget

YTD

Budget

(a)

YTD

Actual

(b)


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58.9

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY NOTE 1FOR THE PERIOD ENDED 31 JULY 2019 STATEMENT OF FINANCIAL ACTIVITY INFORMATION

(a) Non-cash items excluded from operating activities

The following non-cash revenue and expenditure has been excluded from operating activitieswithin the Statement of Financial Activity in accordance with Financial Management Regulation 32.

Notes Adopted

Budget

YTD

Budget

(a)

YTD

Actual

(b)

Non-cash items excluded from operating activities

$ $ $

Adjustments to operating activities

Less: Profit on asset disposals (48,000) (3,999) 0Add: Loss on asset disposals 71,952 5,996 0Add: Depreciation on assets 2,449,981 204,144 224,697

Total non-cash items excluded from operating activities 2,473,933 206,141 224,697

(b) Adjustments to net current assets in the Statement of Financial Activity

The following current assets and liabilities have been excluded This This Time Year

from the net current assets used in the Statement of Financial Year Last to

Activity in accordance with Financial Management Regulation Opening Year Date

32 to agree to the surplus/(deficit) after imposition of general rates. 1 July 2019 31 July 2018 31 July 2019

Adjustments to net current assets

Less: Reserves - restricted cash 10 (922,751) (626,403) (922,787)Add: Borrowings 9 186,291 132,920 177,562Add: Provisions - employee 11 189,692 183,959 189,692Total adjustments to net current assets (546,768) (309,524) (555,533)

(c) Net current assets used in the Statement of Financial ActivityCurrent assets

Cash and cash equivalents 2 3,288,149 1,551,772 2,969,005Rates receivables 3 148,046 128,700 2,428,571Receivables 3 229,642 120,264 382,598Other current assets 4 3,784 3,784 3,784

Less: Current liabilities

Payables 5 (412,201) (323,761) (312,420)Borrowings 9 (186,291) (132,920) (177,562)Provisions 11 (189,692) (183,959) (189,692)

Less: Total adjustments to net current assets 1(c) (546,768) (309,524) (555,533)Closing Funding Surplus / (Deficit) 2,334,669 854,356 4,548,751

CURRENT AND NON-CURRENT CLASSIFICATION

In the determination of whether an asset or liability is current or non-current, consideration is given to the time when each asset or liability is

expected to be settled. Unless otherwise stated assets or liabilities are classified as current if expected to be settled within the next 12 months,

being the Council's operational cycle.


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58.10

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY OPERATING ACTIVITIESFOR THE PERIOD ENDED 31 JULY 2019 NOTE 2

CASH AND FINANCIAL ASSETS

Total Interest Maturity

Description Classification Unrestricted Restricted Trust YTD Actual Institution Rate Date

$ $ $ $

Cash on hand

Municipal Funds Cash and cash equivalents 610,615 0 0 610,615 NAB 0.05% Nil

Petty Cash Cash and cash equivalents 560 0 0 560 Cash on Hand 0.00% Nil

Trust Fund Cash and cash equivalents 0 0 37,871 37,871 NAB 0.05% Nil

Reserve Fund - Operating Bank Cash and cash equivalents 0 280,424 0 280,424 NAB 0.10% Nil

Reserve Investment - Term Deposit Cash and cash equivalents 0 642,363 0 642,363 NAB 2.00% 30/09/2019

Municipal Cash Maximiser Fund Cash and cash equivalents 1,435,043 0 0 1,435,043 NAB 0.10% Nil

Total 2,046,218 922,787 37,871 3,006,876

Comprising

Cash and cash equivalents 2,046,218 922,787 37,871 3,006,876

Financial assets at amortised cost 0 0 0 0

2,046,218 922,787 37,871 3,006,876KEY INFORMATION

overdrafts. Bank overdrafts are reported as short term borrowings in current liabilities in the statement of net current assets.

The local government classifies financial assets at amortised cost if both of the following criteria are met:

- the asset is held within a business model whose objective is to collect the contractual cashflows, and

- the contractual terms give rise to cash flows that are solely payments of principal and interest.

Financial assets at amortised cost held with registered financial institutions are listed in this note other financial assets at amortised cost are provided in Note 4 - Other assets.

$3.01 M $2.05 M

Cash and cash equivalents include cash on hand, cash at bank, deposits available on demand with banks and other short term highly liquid investments highly liquid investments

with original maturities of three months or less that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value and bank

Total Cash Unrestricted

Unrestricted 68%

Restricted 31%

Trust 1%


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58.11


RECEIVABLES

Rates Receivable 30 Jun 2019 31 Jul 19 Receivables - General Credit Current 30 Days 60 Days 90+ Days Total

$ $ $ $ $ $ $ $

Opening Arrears Previous Years 133,756 148,046 Receivables - General (336) 327,491 11,148 23,447 4,014 365,764

Levied this year 2,149,768 2,212,102 Percentage (0.1%) 89.5% 3% 6.4% 1.1%

Less - Collections to date (2,135,478) (68,423) Balance per Trial Balance

Equals Current Outstanding 148,046 2,428,571 Sundry receivable 365,764

GST receivable 29,900

Allowance for impairment of receivables (13,066)

Net Rates Collectable 148,046 2,428,571 Total Receivables General Outstanding 382,598

% Collected 93.5% 2.9% Amounts shown above include GST (where applicable)

KEY INFORMATION

Collected Rates Due

Trade and other receivables include amounts due from ratepayers for unpaid rates and service charges and other amounts due from third parties for goods sold and services performed in the ordinary course of

2.9%

Debtors Due

$382,598

Over 30 Days

11%

Over 90 Days

1.1%

$2,428,571

business. Receivables expected to be collected within 12 months of the end of the reporting period are classified as current assets. All other receivables are classified as non-current assets. Collectability of trade

and other receivables is reviewed on an ongoing basis. Debts that are known to be uncollectible are written off when identified. An allowance for doubtful debts is raised when there is objective evidence that

they will not be collectible.

0

500

1,000

1,500

2,000

2,500

3,000


Am

ou

nt

$('

00

0s)

Rates Receivable

2018-19

2019-20

Current90%

30 Days3%

60 Days6%

90+ Days1%

Accounts Receivable (non-rates)

Current

30 Days

60 Days

90+ Days


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58.12


OTHER CURRENT ASSETS

Opening Asset Asset Closing

Balance Increase Reduction Balance

Other Current Assets 1 July 2019 31 July 2019

$ $ $ $

Inventory

Fuel, oil and materials on hand 3,784 0 0 3,784

Total Other Current assets 3,784

Amounts shown above include GST (where applicable)

Inventory

Inventories are measured at the lower of cost and net realisable value.

Net realisable value is the estimated selling price in the ordinary course of business less the estimated costs of

completion and the estimated costs necessary to make the sale.

KEY INFORMATION


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58.13


Payables

Payables - General Credit Current 30 Days 60 Days 90+ Days Total

$ $ $ $ $ $

Payables - General 0 76,490 166,274 0 1,572 244,336

Percentage 0% 31.3% 68.1% 0% 0.6%

Balance per Trial Balance

Sundry creditors 244,336

ATO liabilities 19,849

Payroll creditors 35,684

Accrued interest on debentures 12,551

Total Payables General Outstanding 312,420


0.6%

KEY INFORMATION

Trade and other payables represent liabilities for goods and services provided to the Shire that are unpaid and arise when the Shire

becomes obliged to make future payments in respect of the purchase of these goods and services. The amounts are unsecured, are

recognised as a current liability and are normally paid within 30 days of recognition.

Creditors Due

$312,420

Over 30 Days

69%

Over 90 Days

Current31%

30 Days68%

60 Days0%

90+ Days1%

Aged PayablesCurrent

30 Days

60 Days

90+ Days

Sundry creditors

78%

ATO liabilities6%

Payroll creditors

12%

Accrued interest on debentures

4%

Payables

0 50,000 100,000 150,000 200,000 250,000 300,000

Sundry creditors

ATO liabilities

Payroll creditors

Payables


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58.14


RATE REVENUE

General Rate Revenue

Rate in Number of Rateable Rate Interim Back Total Rate Interim Back Total

$ (cents) Properties Value Revenue Rate Rate Revenue Revenue Rates Rates Revenue

RATE TYPE $ $ $ $ $ $ $ $

Differential General Rate

Gross Rental Value

Kellerberrin 0.133680 330 2,959,372 395,859 0 0 395,859 395,609 0 0 395,609

Other 0.133680 3 19,240 2,572 0 0 2,572 2,572 0 0 2,572

Commercial Kellerberrin 0.153600 29 645,937 99,216 0 0 99,216 99,216 0 0 99,216

Commercial Other 0.153600 3 27,976 4,297 0 0 4,297 4,297 0 0 4,297

Unimproved Value

Rural 0.206500 267 75,794,000 1,565,146 0 0 1,565,146 1,565,146 0 0 1,565,146

Sub-Total 632 79,446,525 2,067,090 0 0 2,067,090 2,066,840 0 0 2,066,840

Minimum Payment Minimum $

Gross Rental Value

Kellerberrin 782 61 74,059 47,702 0 0 47,702 47,702 0 0 47,702

Other 782 26 37,668 20,332 0 0 20,332 20,332 0 0 20,332

Commercial Kellerberrin 859 26 72,194 22,334 0 0 22,334 22,334 0 0 22,334

Commercial Other 859 2 170 1,718 0 0 1,718 1,718 0 0 1,718

Unimproved Value

Rural 782 66 1,155,100 51,612 0 0 51,612 52,394 0 0 52,394

Mining 782 1 2,805 782 0 0 782 782 0 0 782

Sub-Total 182 1,341,996 144,480 0 0 144,480 145,262 0 0 145,262

Amount from General Rates 2,211,570 2,212,102

Ex-Gratia Rates 27,603 0

Total General Rates 2,239,173 2,212,102

-

KEY INFORMATION

%

1.00024$2.21 M $2.21 M

Budget YTD Actual

General Rates

Budget YTD Actual

Rates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions. Control

over assets acquired from rates is obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

1,800,000

Kellerberrin Other Commercial Kellerberrin Commercial Other Rural

Budget YTD Actual

19%

0%

5%

0%76%

Kellerberrin Other

Commercial Kellerberrin Commercial Other

Unimproved Value Rural


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DISPOSAL OF ASSETS

Asset Ref. Asset Description

Net Book

Value Proceeds Profit (Loss)

Net Book

Value Proceeds Profit (Loss)

$ $ $ $ $ $ $ $

Buildings

8 Ripper Street 75,000 80,000 5,000 0 0 0 0 0

Plant and equipment

Governance

KE1 - CEO Vehicle (Toyota Prado) 122,000 126,000 4,000 0 0 0 0 0

KE002 - DCEO Vehicle (Toyota Kluga) 16,000 37,000 21,000 0 0 0 0 0

Transport

KE2 - MWS Vehicle (Ford Ranger) 82,000 89,000 7,000 0 0 0 0 0

Water Tanker 81,952 10,000 0 (71,952) 0 0 0 0

Other property and services

Portion of Lot 309 Tiller - Great Southern Fuels 10,000 11,000 1,000 0 0 0 0 0

Portion of Lot 309 Tiller - Premium Grains 10,000 20,000 10,000 0 0 0 0 0

396,952 373,000 48,000 (71,952) 0 0 0 0

%

0%$0

Budget YTD Actual

KEY INFORMATION

Proceeds on Sale

YTD Actual

$373,000Annual Budget

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

Proceeds on Sale

Budget Actual YTD


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY INVESTING ACTIVITIESFOR THE PERIOD ENDED 31 JULY 2019 NOTE 8

CAPITAL ACQUISITIONS

Capital Acquisitions Budget YTD Budget YTD Actual

YTD Actual

Variance

$ $ $ $

Land & buildings 20,000 1,666 0 (1,666)

Furniture & equipment 20,000 1,666 0 (1,666)

Plant & equipment 478,395 39,864 5,595 (34,269)

Roads 3,600,888 300,053 9,121 (290,932)

Footpaths 62,622 5,216 0 (5,216)

Public facilities 335,651 27,965 0 (27,965)

Capital Expenditure Totals 4,517,556 376,430 14,716 (361,714)

Capital Acquisitions Funded By:

$ $ $ $

Capital grants and contributions 2,868,810 239,066 131,507 (107,559)

Other (Disposals & C/Fwd) 373,000 0 0 0

Cash backed reserves

Plant replacement reserve 171,395 0 0 0

Contribution - operations 1,104,351 137,364 (116,791) (254,155)

Capital Funding Total 4,517,556 376,430 14,716 (361,714)

SIGNIFICANT ACCOUNTING POLICIES KEY INFORMATION

All assets are initially recognised at cost. Cost is determined as the

fair value of the assets given as consideration plus costs incidental to

the acquisition. For assets acquired at no cost or for nominal

consideration, cost is determined as fair value at the date of

acquisition. The cost of non-current assets constructed by the local

government includes the cost of all materials used in the construction,

direct labour on the project and an appropriate proportion of variable

and fixed overhead. Certain asset classes may be revalued on a regular

basis such that the carrying values are not materially different from

fair value. Assets carried at fair value are to be revalued with

sufficient regularity to ensure the carrying amount does not differ

materially from that determined using fair value at reporting date.

Acquisitions % Spent

0%

Capital Grant % Received

5%

Annual Budget YTD Actual

$2.87 M $.13 M

Adopted

Annual Budget YTD Actual

$4.52 M $.01 M

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

5,000

Tho

usa

nd

s

YTD Budget YTD Actual


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY INVESTING ACTIVITIESFOR THE PERIOD ENDED 31 JULY 2019 NOTE 8

CAPITAL ACQUISITIONS (CONTINUED)

Capital Expenditure Total

Level of Completion Indicators

0%

20%

40% Percentage Year to Date Actual to Annual Budget expenditure where the

60% expenditure over budget highlighted in red.

80%

100%

Over 100%

% of

Completion Level of completion indicator, please see table at the end of this note for further detail.

Account Description Current Budget YTD Budget YTD Actual Variance (Under)/Over

Capital Expenditure

Land & Buildings

042900 Purchase Land & Buildings 20,000 1,666 0 1,666

092900 Land & Buildings 0 0 0 0

113900 Purchase Land and Buildings - Recreation 0 0 0 0

Land & Buildings Total 20,000 1,666 0 1,666

Plant & Equipment

042903 Purchase - Motor Vehicle 185,000 15,416 0 15,416

23% 122901 Purchase - Plant and Equipment 293,395 24,448 5,595 18,853

14% Plant & Equipment Total 478,395 39,864 5,595 34,269

Furniture & Equipment

042904 Purchase IT Programs & IT Upgrades 20,000 1,666 0 1,666

Furniture & Equipment Total 20,000 1,666 0 1,666

Roads

122900 Road Construction 3,114,152 259,495 0 259,495

22% 122906 Gravel re-sheeting 486,737 40,558 9,121 31,437

3% Roads Total 3,600,888 300,053 9,121 290,932

Footpaths

122911 Footpath Construction 62,622 5,216 0 5,216

Footpaths Total 62,622 5,216 0 5,216

Public Facilities

105902 Cemetery Renewal & Upgrades 80,000 6,666 0 6,666

113305 Infrastructure - Other 65,651 5,467 0 5,467

132903 Caravan Park - Infrastructure 80,000 6,666 0 6,666

148305 Infrastructure Other - Asset 110,000 9,166 0 9,166

Public Facilities Total 335,651 27,965 0 27,965

4% Grand Total 4,517,556 376,430 14,716 361,714

Adopted


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY FINANCING ACTIVITIES

FOR THE PERIOD ENDED 31 JULY 2019 NOTE 9

BORROWINGS

Repayments - BorrowingsInterest

Information on Borrowings Repayments

Particulars 1 July 2019 Actual Budget Actual Budget Actual Budget Actual Budget

$ $ $ $ $ $ $ $ $

Housing

Police Houses (Hammond St) 654,425 0 0 0 62,373 654,425 592,052 2,337 18,872

Recreation and culture

Loan 118 - Recreation Centre 1,118,360 0 0 0 64,292 1,118,360 1,054,068 3,847 69,724

Transport

John Deere Grader - Loan 116A 0 0 0 0 0 0 0 65 0

Other property and services

Loan 117 - Residence Leake Street 24,294 0 0 0 24,294 24,294 0 146 1,071

Loan 119 - 14 x CEACA Units 305,256 0 0 8,729 35,332 296,527 269,924 3,403 9,230

Total 2,102,335 0 0 8,729 186,291 2,093,606 1,916,044 9,798 98,897

Current borrowings 186,291 177,562

Non-current borrowings 1,916,044 1,916,044

2,102,335 2,093,606

All debenture repayments were financed by general purpose revenue.

KEY INFORMATION

included as part of the carrying amount of the loans and borrowings.

Principal Principal

$.92 M $2.09 M

New Loans

$1,363 $9,798

Reserves Bal Loans Due

Repayments

Principal

Repayments

$8,729

Interest Earned Interest Expense

Outstanding

All loans and borrowings are initially recognised at the fair value of the consideration received less directly attributable transaction costs. After initial recognition, interest-bearing

loans and borrowings are subsequently measured at amortised cost using the effective interest method. Fees paid on the establishment of loan facilities that are yield related are

0

50,000

100,000

150,000

200,000

1

Borrowings

Actual Budget


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY OPERATING ACTIVITIES

FOR THE PERIOD ENDED 31 JULY 2019 NOTE 10

CASH RESERVES

Cash Backed Reserve

Reserve Name

Opening

Balance

Budget Interest

Earned

Actual Interest

Earned

Budget Transfers

In

(+)

Actual Transfers

In

(+)

Budget Transfers

Out

(-)

Actual Transfers

Out

(-)

Budget Closing

Balance

Actual YTD

Closing Balance

$ $ $ $ $ $ $ $ $

Long Service Leave Reserve 55,862 0 0 20,764 0 0 76,626 55,862

Plant replacement reserve 217,795 0 0 202,980 0 (171,395) 0 249,380 217,795

Community bus reserve 66,426 0 0 909 0 0 67,335 66,426

Housing reserve 60,432 0 0 130,827 0 0 191,259 60,432

Swimming pool reserve 394,753 0 36 851,499 0 0 1,246,252 394,789

Sport and receation reserve 81,839 0 0 1,120 0 0 82,959 81,839

Pathways reserve 1,056 0 0 50,000 0 0 51,056 1,056

Special projects reserve 44,588 0 0 0 0 0 44,588 44,588

922,751 0 36 1,258,099 0 (171,395) 0 2,009,455 922,787

KEY INFORMATION

0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000

Long Service Leave Reserve

Plant replacement reserve

Community bus reserve

Housing reserve

Swimming pool reserve

Sport and receation reserve

Pathways reserve

Special projects reserve

Reserve Balances

Opening Balance

Actual YTD Closing Balance


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OTHER CURRENT LIABILITIES

Opening Liability Liability Closing

Balance Increase Reduction Balance

Other Current Liabilities Note 1 July 2019 31 July 2019

$ $ $ $

Provisions

Annual leave 104,238 0 0 104,238

Long service leave 85,454 0 0 85,454

Total Other Current assets 189,692


A breakdown of contract liabilities and associated movements is provided on the following pages at Note 2(a) and 2(b)

KEY INFORMATION

PROVISIONS

Provisions are recognised when the Shire has a present legal or constructive obligation, as a result of past events, for which it is

probable that an outflow of economic benefits will result and that outflow can be reliably measured.

Provisions are measured using the best estimate of the amounts required to settle the obligation at the end of the reporting period.

EMPLOYEE BENEFITS

Short-term employee benefits

Provision is made for the Shire’s obligations for short-term employee benefits. Short-term employee benefits are benefits (other than

termination benefits) that are expected to be settled wholly before 12 months after the end of the annual reporting period in which

the employees render the related service, including wages, salaries and sick leave. Short-term employee benefits are measured at the

(undiscounted) amounts expected to be paid when the obligation is settled.

The Shire’s obligations for short-term employee benefits such as wages, salaries and sick leave are recognised as a part of current trade

and other payables in the calculation of net current assets.

Other long-term employee benefits

The Shire’s obligations for employees’ annual leave and long service leave entitlements are recognised as provisions in the statement

of financial position.

Long-term employee benefits are measured at the present value of the expected future payments to be made to employees. Expected

future payments incorporate anticipated future wage and salary levels, durations of service and employee departures and are

discounted at rates determined by reference to market yields at the end of the reporting period on government bonds that have

maturity dates that approximate the terms of the obligations. Any remeasurements for changes in assumptions of obligations for other

long-term employee benefits are recognised in profit or loss in the periods in which the changes occur. The Shire’s obligations for

long-term employee benefits are presented as non-current provisions in its statement of financial position, except where the Shire does

not have an unconditional right to defer settlement for at least 12 months after the end of the reporting period, in which case the

obligations are presented as current provisions.


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY NOTE 12(a)

FOR THE PERIOD ENDED 31 JULY 2019 OPERATING GRANTS AND CONTRIBUTIONS

Provider Adopted Budget YTD YTD Revenue

Revenue Budget Actual

$ $ $

Operating Grants and Subsidies

General purpose funding

General Purpose Grant (FAG) 748,909 0 0

Local Road Grant (FAG) 276,683 0 0

Law, order, public safety

Grants 38,797 3,233 0

Transport

Direct Grants - Non Operating 138,910 11,575 138,910

Street Lighting Subsidy 7,000 583 (3,325)

TOTALS 1,210,299 15,391 135,585

Unspent Operating Grants, Subsidies and

Contributions Revenue


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY NOTE 12(b)

FOR THE PERIOD ENDED 31 JULY 2019 NON-OPERATING GRANTS AND CONTRIBUTIONS

Adopted Budget YTD YTD Revenue

Provider Revenue Budget Actual

(b)

$ $ $

Non-Operating Grants and Subsidies

Transport

Other Government Road Grants 738,356 61,529 0

Other Government Road Grants 1,436,665 119,722 0

RRG Road Project Grants 328,769 27,397 131,507

RTR Roads to Recovery Grant 365,020 30,418 0

Total Non-operating grants, subsidies and contributions 2,868,810 239,066 131,507

Non Operating Grants, Subsidies and Contributions

Revenue


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY NOTE 13

FOR THE PERIOD ENDED 31 JULY 2019 TRUST FUND

Opening

Balance Amount AmountClosing Balance

Description 1 July 2019 Received Paid 31 Jul 2019

$ $ $ $

Transport (CRC) Licencing 5,744 43,082 (45,809) 3,017

Prepaid Rates 28,400 0 (28,400) 0

Equipment Hire Bond 350 0 (150) 200

BCITF Levy 3,075 0 (3,075) 0

Community Bus Bond 4,000 200 0 4,200

Housing Bond 2,044 0 0 2,044

Hall Bond 2,840 0 (350) 2,490

Cuolahan/Cottle Room Bond 6,200 0 0 6,200

Building Registration Levy 195 0 (62) 133

Key Bond 10,815 350 (200) 10,965

Rec Centre Kitchen 800 0 0 800

Unclaimed Monies 0 5,000 0 5,000

Bush Fire Brigade Funds 3,327 0 0 3,327

67,789 48,632 (78,045) 38,376

KEY INFORMATION

There is a difference between the Trust Bank and Trust Fund of $505

Funds held at balance date in the Trust Fund and which are not included in this statement

are as follows:

(100,000)

(50,000)

0

50,000

100,000

1 July 2019 Received Paid 31 Jul 2019

Opening Balance Amount Amount Closing Balance

Trust Fund (Year to date)


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NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY NOTE 14FOR THE PERIOD ENDED 31 JULY 2019 EXPLANATION OF MATERIAL VARIANCES

The material variance thresholds are adopted annually by Council as an indicator of whether the actual expenditure or

The material variance adopted by Council for the 2019-20 year is $10,000 or 10.00% whichever is the greater.

Reporting Program Var. $ Var. % Timing/ Permanent Explanation of Variance

$ %

Revenue from operating activities

General Purpose Funding - Rates 2,025,505 1085.50%

General Purpose Funding - Other 63,039 539.67%

Community Amenities 115,797 985.67%

Transport 122,974 922.95%


Governance (61,779) (98.42%)

Law, Order and Public Safety (16,251) (106.52%)

Community Amenities 21,383 46.46%

Recreation and Culture 41,730 36.27%

Transport (71,448) (36.94%)

Other Property and Services (101,466) (359.45%)

Investing Activities

Non-operating Grants, Subsidies and Contributions (107,559) (44.99%)

Capital Acquisitions 361,714 96.09%

revenue varies from the year to date Actual materially.

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DEVELOPMENT SERVICES – AGENDA ITEM Agenda Reference: 11.2.1 Subject: Building Returns: July 2019 Location: Shire of Kellerberrin Applicant: Various File Ref: BUILD06 Disclosure of Interest: Nil Date: 1st August 2019 Author: Raymond Griffiths, Chief Executive Officer Signature of Author: ________________________________________ Signature of CEO: BACKGROUND Council has provided delegated authority to the Chief Executive Officer, which has been delegated to the Building Surveyor to approve of proposed building works which are compliant with the Building Act 2011, Building Code of Australia and the requirements of the Shire of Kellerberrin Town Planning Scheme No.4. COMMENT 1. There were two (2) applications received for a “Building Permit” during the June period. A copy

of the “Australian Bureau of Statistics appends”. 2. There was nil (0) “Building Permits” issued in the June period. See attached form “Return of

Building Permits Issued”. FINANCIAL IMPLICATIONS (ANNUAL BUDGET) There is income from Building fees and a percentage of the levies paid to other agencies. ie: "Building Services Levy" and "Construction Industry Training Fund" (when construction cost exceeds $20,000) POLICY IMPLICATIONS NIL STATUTORY IMPLICATIONS

• Building Act 2011 • Shire of Kellerberrin Town Planning Scheme 4

STRATEGIC COMMUNITY PLAN IMPLICATIONS - Nil CORPORATE BUSINESS PLAN IMPLCATIONS - Nil (Including Workforce Plan and Asset Management Plan Implications) TEN YEAR FINANCIAL PLAN IMPLCATIONS - Nil COMMUNITY CONSULTATION Building Surveyor Owners Building Contractors ABSOLUTE MAJORITY REQUIRED – YES/NO NO


STAFF RECOMMENDATION That Council

1. Acknowledge the “Return of Proposed Building Operations” for the July 2019 period.

2. Acknowledge the "Return of Building Permits Issued” for the July 2019 period. COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /

1

5

CDNo.

2 3 4 5 6 7 3. Type of building (house, shop, factory, office block, etc) if multi 8 9 $

RETURN OF BUILDING LICENCES ISSUEDSHIRE OF KELLERBERRIN

Applications Received

BP19-2019Mather Road 1. New

2. Steel3.Shed/Shelter

1

PERMIT ORRECEIPT No.

BP20-2019Bruno Grenci Dual Building Services 108 Massingham Street 1. New / Addition

2. Steel3. Enclose arch wall (outer) $5,000108 Massingham St, KELLERBERRIN WA 6410 Po Box 56 KELLERBERRIN WA 6410 KELLERBERRIN WA 6410

$7,000KELLERBERRIN WA 6410

Moylan Grain Silos

61 Mather St, KELLERBERRIN WA 6410

Moylan Grain Silos

61 Mather St, KELLERBERRIN WA 6410

Shire of KellerberrinMonth of: July 2019

2

NAME AND ADDRESS OF OWNER3

NAME AND ADDRESS OF CONTRACTOR IF "OWNER BUILDER" PLEASE INDICATE

4

SITUATION OF BUILDING STATE LOT OR No. STREET ANDOR SUBURB

6DESCRIPTION OF BUILDING WORK1. Type of work (new, additions, demolitions, etc)2. Material of outer walls (brick, concrete, timber framed, asbestos, etc)

7

FLOOR AREA SQ.M

8

ROOF COVERING

9

COST (EXCLUDING LAND)

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RETURN OF PROPOSED BUILDING OPERATIONS1

5CDNo.

2 3 4 5 6 7 storied mark M/S 8 9 $

TO:

SIGNATURE: ___________________________________ DATE:

Permits Issued Shire of KellerberrinMonth of : July 2019

I certify that to the best of my knowledge and belief, the particulars given in this return are a true and complete record of proposed building to this Local Authority.

BUILDING SURVEYOR


Aug-19

9COST (EXCLUDING

LAND)

NIL ISSUED

1PERMIT OR

RECEIPT No.

2NAME AND ADDRESS OF OWNER

3NAME AND ADDRESS OF CONTRACTOR IF "OWNER

BUILDER" PLEASE INDICATE

4SITUATION OF BUILDING STATE LOT OR No.

STREET ANDOR SUBURB

6DESCRIPTION OF BUILDING WORK1. Type of work (new, additions, demolitions, etc)2. Material of outer walls (brick, concrete, timber framed, asbestos, etc)3 Type of building (house shop factory office block etc) if multi

7FLOOR AREA

SQ.M

8ROOF

COVERING

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60.2


Agenda Reference: 11.2.2 Subject: Activ Foundation- ‘Change of use class’ Location: 20 Moore Street, Kellerberrin Applicant: Mr. Wayne Wardle File No: A732 Record Ref: IPA1864 Disclosure of Interest: NIL Date: 12th August 2019 Author: Mr. Lewis York, Town Planner Signature of Author: ________________________________________ Signature of CEO: BACKGROUND In November 2018 Council approved a change of use for 20 Moore Street Kellerberrin. Mr. Wayne Wardle has since contacted the Shire as the site is in the final stages of completion. However it has been mentioned that the facility will be used to accommodate guests on an overnight basis, which would be in contrary to the conditions of approval passed by Council in November 2018. Thus it was advised that the application be re-submitted to Council to remove the condition. Council’s November 2018 Ordinary Meeting of Council – 20th November 2018 MIN 214/18 MOTION - Moved Cr. Leake 2nd Cr. Reid That Council grants approval for a change of use at 20 Moore Street, Kellerberrin, from ‘Residential’ to ‘Community Purpose’, with the following conditions;

1. The landowners shall ensure the facility is only to be operated between the hours of 8am- 5pm;

2. The endorsed approved use shall not be altered without the prior written approval of the Shire; and

3. The landowners shall ensure surrounding landowners are notified, in writing, of the intended use of the lot.

Advice notes;

1. The provision of planning approval is not considered Building approval and such works should be accompanied with a building permit.

2. The provision of planning approval is not considered approval under the Health (Public Buildings) Regulations 1992 for Public Building Legislation.

3. A Public Building inspection to occur for the building to be signed off as compliant for the abovementioned use.

4. You are advised of the need to obtain a Building Permit prior to the commencement of any Building Work.

5. The facility will be required to comply with the requirements of the National Construction Code 2016 (Volume One) and AS 1428.1-2009 (Disability Access) with regard to the required upgrades and disabled access to and within the Buildings.

6. As required by the Building Regulations 2012 plans of the proposed accommodation (Class 3) building must be submitted to the Fire & Emergency Services (FES) Commissioner in sufficient detail to allow assessment of compliance with the FES Commissioner’s operational requirements.

CARRIED 5/0


FINANCIAL IMPLICATIONS A fee of $295.00 will be charged to the applicant. POLICY IMPLICATIONS Local Planning Scheme No.4 Zoning: Residential Coding: R5

3.2. OBJECTIVES OF THE ZONES

The objectives of the zones are — 3.2.1 Residential Zone

a) To retain the single dwelling as the predominant form of residential development in the Shire’s townsites.

b) To provide for lifestyle choice in and around the townsites with a range of residential densities.

c) To allow for the establishment of non-residential uses subject to local amenities not being adversely affected.

3.3. ZONING TABLE

3.3.1. The Zoning Table indicates, subject to the provisions of the Scheme, the uses permitted in the Scheme area in the various zones. The permissibility of any uses is determined by cross-reference between the list of use classes on the left hand side of the Zoning Table and the list of zones at the top of the Zoning Table.

3.3.2. The symbols used in the cross reference in the Zoning Table have the following meanings —

‘P’ means that the use is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme;


‘D’ means that the use is not permitted unless the local government has exercised its discretion by granting development approval;

‘A’ means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions.

‘X’ means a use that is not permitted by the Scheme.

3.3.3. A change in the use of land from one use to another is permitted if —

(a) the local government has exercised its discretion by granting development approval;

(b) the change is to a use which is designated with the symbol ‘P’ in the cross reference to that zone in the Zoning Table and the proposed use complies with all the relevant development standards and any requirements of the Scheme;

(c) the change is an extension of a use within the boundary of the lot which does not change the predominant use of the lot; or

(d) the change is to an incidental use that does not change the predominant use of the land.

NOTE: In considering a ‘D’ or ‘A’ use, the local government will have regard to the matters set

out in clause 67 of the deemed provisions.

ZONING TABLE

Use class definitions are outlined in the Planning and Development (Local Planning Schemes) Regulations 2015


Division 1- General definitions used in Scheme

Schedule 1, Part 6, cl.38.

Use Class in Local Planning Scheme No.4:

Community purpose means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;

Planning and Development Regulations 2015

67 . Matters to be considered by local government

In considering an application for development approval the local government is to have due regard to the following matters to the extent that, in the opinion of the local government, those matters are relevant to the development the subject of the application —

(a) the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

(b) the requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

(c) any approved State planning policy;

(d) any environmental protection policy approved under the Environmental Protection Act 1986 section 31(d);

(e) any policy of the Commission;

(f) any policy of the State;

(g) any local planning policy for the Scheme area;

(h) any structure plan, activity centre plan or local development plan that relates to the development;

(i) any report of the review of the local planning scheme that has been published under the Planning and Development (Local Planning Schemes) Regulations 2015 ;

(j) in the case of land reserved under this Scheme, the objectives for the reserve and the additional and permitted uses identified in this Scheme for the reserve;

(k) the built heritage conservation of any place that is of cultural significance;

(l) the effect of the proposal on the cultural heritage significance of the area in which the development is located;

(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

http://www.austlii.edu.au/au/legis/wa/consol_reg/padpsr2015527/

http://www.austlii.edu.au/au/legis/wa/consol_act/epa1986295/

http://www.austlii.edu.au/au/legis/wa/consol_act/epa1986295/

http://www.austlii.edu.au/au/legis/wa/consol_reg/padpsr2015527/s31.html




(n) the amenity of the locality including the following —

(i) environmental impacts of the development;

(ii) the character of the locality;

(iii) social impacts of the development;

(o) the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource;

(p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

(q) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land degradation or any other risk;

(r) the suitability of the land for the development taking into account the possible risk to human health or safety;

(s) the adequacy of —

(i) the proposed means of access to and egress from the site; and

(ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles;

(t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(u) the availability and adequacy for the development of the following —

(i) public transport services;

(ii) public utility services;

(iii) storage, management and collection of waste;

(iv) access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

(v) access by older people and people with disability;

(v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses;

(w) the history of the site where the development is to be located;

(x) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals;

(y) any submissions received on the application;


(za) the comments or submissions received from any authority consulted under clause 66;

(zb) any other planning consideration the local government considers appropriate.

PLANNING COMMENT

The abovementioned application is for a change of use, from ‘Residential’ to ‘Community Purpose’. The Shires scheme expresses a ‘Community Purpose’ use as an ‘A’ in the zoning table. This means Council must use its discretion in granting planning approval, taking into account Clause 67 of the Planning and Development Local Planning Schemes Regulations 2015. The application does not raise any significant planning issues, however it has been advised that the use change would need to satisfy the criteria outlined in the Building Design Codes. In this case it is advised that conditions be added to the approval to ensure that the outlined use is complimentary with surrounding land uses. It is advised that consideration be given to noise, operating hours and operational size to ensure minimal impact on surrounding landowners. It is also advised that the applicant notifies surrounding landowners of the use change. The facility will have up to 4 guests at a time, with guests from time to time using the facility on an overnight basis. STRATEGIC PLAN IMPLICATIONS There are no strategic plan implications. FUTURE PLAN IMPLICATIONS There are no future plan implications. COMMUNITY CONSULTATION Chief Executive Officer Lewis York – Town Planning Consultant STAFF RECOMMENDATION That Council;

1. Amend condition 1.0 from minute 214/18 with the following; a. “The landowner shall ensure the outbuilding is only to be operated between the hours

of 8am-5pm for the rear shed portion only”; 2. Add Advice Note 7.0 to conditional approval:

a. “The residential dwelling is permitted to accommodate guests on an overnight basis”; 3. All other conditions and advice notes shall not be altered.

COUNCIL RESOLUTION MIN /19 MOTION - Moved Cr. 2nd Cr.

CARRIED /


11.3 WORKS & SERVICES – AGENDA ITEMS NIL

12 ELECTED MEMBERS OF MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN 13 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING


CLOSURE OF MEETING NEXT MEETING DATES Ordinary Council Meeting, Tuesday, 17th September 2019

March 2003 - Shire of Kellerberrin · 7.1 Minutes of the Ordinary Council Meeting, 23rd July, 2019...

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Transcript of March 2003 - Shire of Kellerberrin · 7.1 Minutes of the Ordinary Council Meeting, 23rd July, 2019...