NOTICE OF ORDINARY COUNCIL MEETING AGENDA: 1. … and Committees... · The application from...

NOTICE OF ORDINARY COUNCIL MEETING

A meeting of the Shire of Halls Creek will be held on Thursday 17 April 2014, in Council Chambers, Lot 71 Thomas Street, Halls Creek, commencing at 11am.

AGENDA:

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

2. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED)/ LATE ARRIVALS

2.1 Attendance

2.2 Leave of Absence (previously approved)

2.3 Apologies

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE Nil

4. PUBLIC QUESTION TIME

A requirement of the Local Government Act is that the public are allowed a minimum of 15 minutes to ask any questions of Council.

5. APPLICATIONS FOR LEAVE OF ABSENCE

6. PETITIONS / DEPUTATIONS / PRESENTATIONS 6.1 Garndawa

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

9. REPORTS OF OFFICERS AND COMMITTEES

Agenda for Ordinary Meeting of the Council to be held 17 April 2014

INDEX - OFFICER / COMMITTEE REPORTS

9.1: Health & Regulatory Services Manager 9.1.1: Development Proposal for Extension to Radio Station ................... 3

9.1.2: Town Planning Scheme Amendment 21 ...................................... 7 Attachment 1 .............................................................................. 13

Attachment 2 .............................................................................. 47 Attachment 3 .............................................................................. 52 Attachment 4 .............................................................................. 57

Attachment 5 .............................................................................. 66

9.2: Corporate Services Manager 9.2.1: Policy Review .......................................................................... 125

9.2.2: Policies and Draft Policies to be Rescinded .................................. 136

9.3: Youth and Community Development Manager 9.3.1: Halls Creek Youth Services Diversionary Program - Update ........... 141

9.4: Infrastructure Assets Manager

9.4.1: Extension of the Kimberley Chamber of Commerce to Re-Commence

Saturday Morning Markets at a Different Location ....................... 146

9.4.2: Public Amenities Opening and Closing Hours ............................... 149 9.4.3: Refurbishment of Aquatics Centre Sign and Fence ........................ 150

9.5: Strategic Planning Manager

9.5.1: Bungle Bungle National Park (Purnululu) Rock Art Protection ......... 152 9.5.2: Integrated Planning ................................................................. 155

9.5.3: Submission to Inquiry into the Harmful Use of Alcohol in Aboriginal and Torres Strait Islander Communities ..................................... 162

9.6: Financial Services Manager

9.6.1: Statement of Financial Activity – March 2014 .............................. 174 9.6.2: Financial Investment Report ...................................................... 195

10. Report of the Local Emergency Management Committee .......... 198

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9.1 HEALTH & REGULATORY SERVICES MANAGER

Item Number: 9.1.1 Subject: Development Proposal for Extension

to Radio Station

Proponent: Puranyangu Rangka Kerrem Consultant Town Planner – Greg

Comiskey Reporting Officer: Health & Regulatory Services

Manager – Musa Mono

Meeting Date of Council: 17 April 2014

Declaration of Financial Interest: Nil

Matter for Consideration: Planning application for extension to an existing radio and TV installation (a storage facility) on land at lot 159 Duncan Highway Halls Creek.

Applicant’s Submission:

The application from Puranyangu Rangka Kerrem (PRK) Radio relates solely to the provision of additional storage for the existing radio and TV installation.

The proposal plan is contained in the Attachment to this report and

marked as ‘Proposal Plan’. Existing buildings contained on the site include are shown on Plan A. The location of the proposed storage container is also shown on the Proposal Plan.

Dimensions of the proposed shipping container are 6m (20 ft) long, 2.5m

(8ft) wide and 2.6m (8ft) high. A typical shipping container is shown in Figure 1 below.

Figure 1 Typical Shipping Container

Background: The area of land over which the radio and TV installation currently operates is shown in Figure 2.

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Figure 2 Proposed Radio and TV Installation

Statutory Environment: The land is subject to the Shire of Halls Creek Town Planning Scheme and is contained within the Public Purpose Scheme Reserve. Approval for

extension to the existing radio and TV installation at this location requires the Planning Consent of the Council.

Consultation: Statutory consultation is not required as part of the consideration of this

application. No comment has been sought from additional government agencies at this time.

Strategic Implications: Nil

Policy Implications: Nil

Financial Implications: Nil Comments:

The existing radio and TV installation currently provides an important community service for the communities within and surrounding Halls

Creek. Provision of the storage facility will not result in substantial intensification of activities on site and there is no apparent need for provision of additional car parking on the premises.

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Officer’s Recommendation:

That the Council approves the proposed extension to the radio and TV installation by granting its Planning Consent for installation of a storage facility subject to the following conditions:

1. The storage container will have dimensions of 6m long, 2.5m wide and 2.6m high; and

2. The location of the proposed storage container will be generally in accordance with the plan marked Plan A.

Voting Requirement: Simple Majority

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Existing Container

New Container

Shelter

Plan A - Proposed Extension to an Existing Radio and TV Installation (Shipping container only as shown in Red) at Lot 159 Duncan Highway, Halls Creek -

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Item Number: 9.1.2 Subject: Amendment of the Shire of Halls

Creek Town Planning Scheme No.1 Proponent: Greg Comiskey – Consultant Planner

to the Shire

Reporting Officer: Health & Regulatory Services Manager – Musa Mono


Declaration of Financial Interest: Nil Matter for Consideration:

For Council to consider: submissions received regarding the draft amendments to the Shire of

Halls Creek Town Planning Scheme No.1 (the Scheme) whether to adopt the draft amendments for submission to the Western

Australian Planning Commission for gazettal.

Five Attachments are provided:

Attachment 1 all proposed amendments for inclusion in the Town

Plan;

Attachment 2 the current and proposed Scheme Maps have been reproduced for easier comparison;

Attachment 3 Representation of Submissions; Attachment 4 Recommended alterations to proposed amendments

following consideration of Public Submissions;

Attachment 5 Proposed Scheme Text and Scheme Maps following consideration of public submissions.

Applicant’s Submission: The Shire of Halls Creek Town Planning Scheme No.1 was gazetted in

1991. Various Amendments have been made to the Scheme since then. This package of Scheme amendments implements a number of

recommendations of the Shire of Halls Creek Local Planning Strategy – Halls Creek Horizons 2006.

Background: A number of operational issues with the Scheme have been identified and

it was resolved by Council that an update of the Scheme should be undertaken to address these issues. On 17 February 2011, the Council

resolved to appoint Whelans to undertake a review of the Scheme.

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Issues identified with the Scheme included: Out of date references

Grammatical errors Incorrect Statutory references Conflicting definitions

Inadequate provisions and guidance to deal with applications Inconsistency with the Local Planning Strategy

Lack of administrative powers and provisions Mapping errors

The Scheme has been reviewed in conjunction with preparation of an Interim Development Order (IDO) that will implement basic development

controls outside of the current Scheme area (Gazetted in March 2013). This package of amendments does not relate to or affect the operation of the IDO.

The Scheme Text has been reviewed and modifications have been made in

accordance with Council directions. These amendments have been prepared following detailed discussions with Council in 2012 and 2013.

Statutory Environment: Planning & Development Act 2005

An amendment to a Planning Scheme is to be undertaken in accordance with the Town Planning Regulations (1967).

Local Planning Strategy

Halls Creek Horizons - the Shire's Local Planning Strategy (LPS) adopted in 2006. The LPS is currently under review, however the document

remains the principal strategic planning document for the Shire. The revised Scheme has been prepared to implement the

recommendations of the LPS, where practical.

Consultation: Following adoption of the draft amendments for the purpose of public consultation on 18 July 2013, the proposed scheme amendments were

referred to the Environmental Protection Authority (EPA) who advised that the proposed scheme amendment does not require assessment under Part

IV Division 3 of the Environmental Protection Act 1986 (EP Act) and that it is not necessary for the EPA to provide any advice or recommendations.

The proposed Scheme amendments were advertised in accordance with the statutory requirements specified in the Town Planning Regulations

(1967) from 21 December 2013 until Friday 28 February 2014. This included:

Placement of public notice in the West Australian newspaper on 21

December 2013; Placement of the Proposed amendments in Council offices and the

office of the Western Australian Planning Commission for the period of advertising;

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Notification of key government agencies of the proposed amendment including Department of Lands; Department of

Housing; Aboriginal Lands Trust; Department of Aboriginal Affairs; Western Power; Horizon Power; Department of Water; Main Roads Western Australia; Landcorp; Water Corporation; Public Transport

Authority of Western Australia; Department of Health; Telstra; Department of Fire and Emergency Services; Department of

Agriculture and Food; Tourism Western Australia. Submissions were received from:

Mr Stephen Barnes - A business owner in Halls Creek; Department of Aboriginal Affairs;

Department of Health - Environmental Health Directorate; Water Corporation; and Department of Water.

In addition, advice and discussions occurred with a number of residents

and land owners within Halls Creek as well as the Department of food and Agriculture and Horizon Power.

A consideration and response to the public submissions is contained in Attachment 3.

Strategic Implications: The proposed amendments reflect the Halls Creek local Planning Strategy

which establishes the Council’s strategic planning policy framework for the Shire.

Policy Implications:

The proposed amendments reflect the Halls Creek local Planning Strategy which establishes the Council’s strategic planning policy framework for the Shire.

Financial Implications: Nil.

Comments: Summary of proposed amendments

The Planning Scheme review improves consistency of the Scheme with the model Scheme Text and the Shire of Halls Creek Local Planning Strategy –

Halls Creek Horizons, addresses many anomalies and inconsistencies associated with the current Scheme, and rectify some problems with the Scheme.

In summary, the revised Scheme has included the following components:

Introduces Tourist Development Zone into Scheme Introduces Mixed Business Zone into Scheme Introduces Settlement Zone provisions

Removes or updates various inconsistent clauses and provisions References to superseded Acts and Statutes

References to Residential Design Codes Incorrect references to Scheme Provisions Grammatical references

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Introduces new administrative provisions Reserve Powers

Amending and revoking Planning Approvals Includes detail on matters to be considered by Council

Updates Zoning Table and land use categories including a review of

the permissibility across the various zones Updates definitions [Appendix 1 of the amended Scheme]

Removes redundant Overall Development Plan provisions for the Residential Zone

Removes Advertising exemptions

Updates the Special Site Zone Revises Car Parking Standards

Revises application forms Mapping modifications to correct errors Mapping modifications in accordance with LPS recommendations

and to reflect changes in public purposes.

The proposed amendments are at Attachment 1. Transient or Travellers Accommodation

At the Council meeting on 12 April 2013, the Council requested that further consideration be given to facilitating the establishment of short

stay accommodation facilities for the large transient or traveller population within the Shire.

A number of amendments have been made to the planning scheme to allow for the establishment of transient or travellers accommodation. In

particular, it is proposed that short stay accommodation is to be made: discretionary in the Town Centre and Tourist zones as well as

discretionary with the need for public notice in the Residential and Mixed Use zones.

Proposed Industrial Land The proposed amendments introduce additional industrial land to the west

of the power station and to rezone industrial land within the Town Centre to Mixed Use.

The initiative proposes to introduce a substantial land area suitable for staged industrial land release with high quality access to the regional road

network and capable of accommodating substantial buffers to the Townsite and in particular sensitive land uses such as residential.

The initiative will facilitate transition of existing industrial land within the town centre to more compatible land uses by also rezoning land to the

Mixed Use Zone. This transition will also reduce the movement of heavy vehicles associated with industrial uses through the Townsite. This will in turn minimise the adverse impact on town infrastructure such as

footpaths, kerb and channel and road pavement.

The development of the new power station on Council owned airport land, has provided the opportunity to group like industrial uses in the one area with good access to the Great Northern Highway.

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With a view that new industrial land needs to be developed, a number of

industrial landowners have indicated their willingness to move to new industrial land should it become available. This would provide scope for the transition of the existing industrial land for other less intensive uses.

Given the varied nature of the Halls Creek economy, it is important to

provide a range of lot sizes for a range of industrial use intensities. Further, due to issues associated with security and affordability, Council considers it important to continue to permit Caretakers Dwellings in any

new industrial area subject to conditions regarding matters such as size.

Recommended alterations to draft provisions 1. The Department of Water has advised that they cannot support the

proposed creation of the additional industrial allotments along the

Great northern Highway to the south west of the town centre as currently proposed.

The basis of the objection is that appropriate structure and preparation of a Local Water Management Strategy should be required as part of

any development considerations for the industrial land.

It is recommended that the proposed amendments be modified to require structure planning (including preparation of a Local Water Management Strategy) consistent with the provisions of the Model

Scheme Text. The specific wording for this text is contained in Item 1 of Attachment 4. These amendments have been forwarded to the

Department of Water for confirmation that the proposed amendments satisfy the matters raised in their submission.

2. The Department of Water (DoW) has recommended that in accordance

with State Planning Policy No 2.7 and the model scheme text, as part

of this TPS amendment, the Halls Creek Public Drinking Water Source Areas (PDWSA) should be shown as a Special Control Area. The Special

Control Area provisions should provide for referral of applications to the DoW for advice and comment, and set out the relevant considerations in determining planning applications within these areas.

It is recommended that the proposed amendments be modified to

include a Special Control Area for the Halls Creek PDWSA. The specific wording for this text is contained in Item 2 of Attachment 4. These amendments have been forwarded to the Department of Water for

confirmation that the proposed amendments satisfy the matters raised in their submission.

3. In preparation of the draft scheme map, a drafting error occurred

which omitted the truck breakdown and fuel storage area to the

northeast of the town centre along the Great Northern Highway. This

is corrected by the plan shown in Item 3 of Attachment 4. A number of consequential amendments are also contained within attachment 4.

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Recommendation: That Council, subject to confirmation that the proposed alteration to the

Scheme Amendments as contained in Attachment 5 satisfy the matters raised by the Department of Water, resolve that:

1. Pursuant to section 75 of the Planning and Development Act

(2005) the Council resolves to amend the Shire of Halls Creek Town Planning Scheme No.1 as outlined in Attachment 5 dated April 2013

by improving consistency with the Model Scheme Text and implementing the recommendations of the Shire of Halls Creek Local Planning Strategy, and rectifying a number of inconsistencies

and errors within the scheme; and 2. The amendment to the Shire of Halls Creek Town Planning Scheme

No.1 as outlined in Attachment 6 dated April 2014 be forwarded to the Western Australian Planning Commission for approval and gazettal.


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ATTACHMENT 1

PROPOSED AMENDMENTS TO THE SHIRE OF HALLS CREEK PLANNING SCHEME

NO.1

July 2013

Ref: 14844

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Shire of Halls Creek

Proposed Scheme Amendments

Scheme Text Revisions REV 07 i

DISCLAIMER

This document is and shall remain the property of Whelans Town Planning. The document may only be

used for the purposes for which it was commissioned and in accordance with the Terms of Engagement

for the commission. Unauthorised copying or use of this document in any form whatsoever is prohibited.

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Scheme Text Revisions REV 07 1

1. Replace the Scheme Maps with the maps contained in Schedule 1

2. In clause 1.4 delete:

‘ (c) Policy Map

(d) Land Use Maps’

And after clause 1.4(b) insert:

‘The Scheme is to be read in conjunction with the Local Planning Strategy.’

3. In clause 1.6 after item e insert:

‘ f) to set out procedures for the assessment and determination of planning applications.

g) to make provision for the administration and enforcement of the Scheme.

h) to address other matters set out in the First Schedule of the Planning and Development Act.’

4. Delete clauses 1.7.2 and 1.7.3 and after clauses 1.7.1 insert:

‘1.7.2. Unless the context otherwise requires, words and expressions used in the Scheme have the

same meaning as they have -

(a) in the Town Planning & Development Act; or

(b) if they are not defined in that Act -

(i) in the Dictionary of defined words and expressions in Schedule 1; or

(ii) in the Residential Design Codes.

1.7.3 If there is a conflict between the meaning of a word or expression in the Dictionary of defined

words and expressions in Schedule 1 and the meaning of that word or expression in the

Residential Design Codes -

(a) in the case of a residential development, the definition in the Residential Design

Codes prevails; and

(b) in any other case the definition in the Dictionary prevails.

1.7.4 Notes, and instructions printed in italics, are not part of the Scheme.

1.8 RELATIONSHIP WITH LOCAL LAWS

Where a provision of the Scheme is inconsistent with a local law, the provision of the Scheme prevails.’

5. After clause 2.4 insert:

‘2.5 USE AND DEVELOPMENT OF SCHEME RESERVES

2.5.1 A person must not -

(a) use a Reserve; or

(b) commence or carry out development on a Reserve,

without first having obtained planning approval under Part 9 of the Scheme.

2.5.2 In determining an application for planning approval the local government is to

have due regard to -

(a) the matters set out in clause 9.9; and

(b) the ultimate purpose intended for the Reserve.

2.5.3 In the case of land reserved for the purposes of a public authority, the local

government is to consult with that authority before determining an application for

planning approval.’

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6. In clause 3.2.1 replace:

‘Town Centre Zone

Residential Zone

Industrial Zone

Rural/Pastoral Zone

Special Rural Zone

Special Site Zone (as marked)’

With:

‘Industrial Zone

Residential Zone

Mixed Use Zone

Residential Development Zone

Rural/Pastoral Zone

Settlement Zone

Special Rural Zone

Special Site Zone (as marked)

Tourist Zone

Town Centre Zone’

7. In clause 3.2.2:

a. Replace ‘’AA’’ with ‘‘D’‘.

b. replace ‘Clause 9.3’ with ‘Clause 9.2’.

c. after ‘…in accordance with Clause 9.2.’ insert:

‘‘X’ means a use that is not permitted by the scheme’

8. Replace Table 1 - ZONING TABLE with:

TABLE 1 - ZONING TABLE

USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L D

EVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE

COMMERCIAL DEVELOPMENT

PRED

OM

INAN

T U

SES T

O B

E L

IMIT

ED

TO

TH

AT

SPEC

IFIC

ALLY M

ARKED

IN

TH

E SC

HEM

E M

AP Bed & Breakfast D SA P/SA

1 X X P/SA

1 P/SA

1 P

Car Park D D D D P D D SA

Caravan park X X X SA X SA X D

Park home park X X X SA X SA X D

Convenience Store P SA SA D X SA SA SA

Dry Cleaning Premises D X X D P X X SA

Fast food outlet SA X SA SA X X X X

Funeral Parlour SA X X D D X X X

Health Studio D X SA D D X X SA

Home Business D SA SA D X D D X

Home Occupation D P P P X P P X

Hotel D X X X X X X P

Lunch Bar P X X D D X X D

Market D X X X X X X D

Motel D X X X X X X P

Motor vehicle wash station SA X X D D SA X X

Motor vehicle, boat or caravan sales D X X P D X X X

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USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L D

EVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE

Night Club D X X X X X X SA

PRED

OM

INAN

T U

SES T

O B

E L

IMIT

ED

TO

TH

ATSPEC

IFIC

ALLY M

ARKED

IN

TH

E S

CH

EM

E M

AP

Nursery D X X P P D X X

Office P X X D IP IP IP IP

Reception Centre D X X SA X X X D

Restaurant P X SA X X X X P

Service Station D X X D P X X X

Shop P SA SA SA D X X SA

Showroom D X X P P X X X

Tavern D X X X X X X D

Warehouse X X X P P X X X

Winery X X X X X SA X X

RESIDENTIAL DEVELOPMENT

Ancillary accommodation D D D X X X X D

Caretaker’s dwelling D D D D IP IP X D

Grouped dwelling D D D SA X D X D

Multiple dwelling D D D SA X X X D

Short Stay Accommodation D SA X SA X X X D

Residential building D SA SA SA X X X D

Single house D P P X X P P X

Transient workers accommodation X X X SA SA X X D

COMMUNITY DEVELOPMENT

Civic use P X SA SA X X X X

Club premises D X X SA X SA X D

Community service depot D X X P D X X X

Consulting rooms P X X X X D X X

Corrective institution SA X X SA D SA SA X

Day care centre D SA SA SA X SA X SA

Detention centre SA X X X D X X X

Educational establishment D D SA D X D X SA

Family day care D SA SA SA X SA X SA

Hospital D D D X X X X X

Kindergarten D SA SA X X X X X

Medical centre D SA SA SA X X X X

Place of worship P D D D X X X X

Public utility SA SA P D P P P SA

Radio & TV installation SA X SA D D X X X

Veterinary centre SA X X D D X X X

INDUSTRIAL DEVELOPMENT

Fuel Depot X X X X P X X X

Industry - cottage D SA D D D D SA X

Industry - extractive X X X X SA SA X X

Industry - general X X X X P SA X X

Industry - hazardous X X X X SA X X X

Industry - light X X X SA P SA X X

Industry - mining X X X X X D X X

Industry - rural X X X X D D X X

Industry - service SA X X P P X SA X

Motor vehicle repair SA X X SA P X X X

Motor vehicle wrecking X X X X D X X X

Salvage yard X X X X P SA X X

Transport depot X X X X P SA X X

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USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L

DEVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE

RECREATION DEVELOPMENT

PRED

OM

INAN

T U

SES T

O B

E

LIM

ITED

TO

TH

AT S

PEC

IFIC

ALLY

MARKED

IN

TH

E S

CH

EM

E M

AP

Equestrian centre X X X X X D X X

Private recreation D X X X X D SA SA

Public amusement D X X SA X X X SA

Public recreation P P P P P P P P

RURAL DEVELOPMENT

Rural pursuit X X X X X P P X

Stables X X X X X P SA X

Animal establishment X X X X X D X X

Animal husbandry X X X X X SA X X

1 ‘P’ where up to one bedroom is made available for accommodation otherwise ‘SA’.

9. Delete clause 3.2.3 and renumber clause 3.2.4 and 3.2.5 as 3.2.3 and 3.2.4 respectively.

10. In clause 3.2.4 (b) replace ‘Clause 8.2’ with ‘Clause 9.2’

11. In clause 3.4.replace clause 3.4.1 with:

‘3.4.1 Power To Make Policies

In order to achieve the objective of the Scheme, the Council may make Town Planning Scheme Policies

relating to parts or all of the Scheme Area and relating to one or more of the aspects of the control of

development.

12. In clause 5.1.2 delete items f and g and insert:

‘f) the erection on a lot of a single house, including the ancillary outbuildings and swimming

pools, in a zone where the proposed use is designated with the symbol 'P' in the cross-

reference to that zone in the zoning table, except where the proposal requires the exercise of

a discretion by the local government under the Scheme to vary the provisions of the

Residential Design Codes;

g) the erection of an outbuilding of an area less than 60 square metres in the Residential or

Residential Development Zones only. ‘

13. After clause 5.3 and before ‘If a development’ insert a new clause number ‘5.3.1’; and at the end

of clause 5.3.1 insert a new clause as follows:

‘5.3.2 In considering an application for planning approval under clause 5.3.1, where, in the

opinion of the local government, the variation is likely to affect any owners or occupiers in

the general locality or adjoining the site which is the subject of consideration for the

variation, the local government may -

(a) consult the affected parties by following one or more of the provisions for

advertising uses under clause 9.2; and

(b) have regard to any expressed views prior to making its determination to grant the

variation.’

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14. In clause 5.4: replace the heading with:

‘RESIDENTIAL DEVELOPMENT: RESIDENTIAL DESIGN CODES’

15. Replace clause 5.4.1 with:

‘For the purpose of the Scheme ‘Residential Design Codes’ means the Residential Design Codes set out

in State Planning Policy 3.1 - Residential Design Codes, together with any amendments thereto.’

16. In clause 5.4.2, replace ‘Planning’ with ‘Design’

17. In clause 5.4.3 replace ‘Planning’ with ‘Design’

18. In clause 5.4.4 replace ‘Planning’ with ‘Design’

19. Delete clauses 5.6.2 and 5.6.3

20. In clause 5.7.3 after ’…loading docks’ insert: ‘, stormwater drainage’

21. In clause 5.7.5 after ‘…the R 50 Code’ insert ‘of the Residential Design Codes’.

22. Delete clause 5.8.2 and insert:

‘5.8.2 Development Standards

Development and site requirements shall be in accordance the following:

a) the provisions contained in Table 2;

TABLE 2 - INDUSTRIAL ZONE

Zone Min. Lot Area Effective Frontage Building Setbacks Maximum Site

Coverage Front Rear

Industry 2000m2

15m 9m 7.5m 75%

b) Side setbacks shall:

i) be a minimum of 5 metres on any one side to permit access to the rear of the lot;

and

ii) on any other side, a minimum of 1.2 metres on any other side; or depending upon

the building height and materials as prescribed in the Building Code of Australia;

or zero in the case of a parapet wall with a satisfactory fire rating in accordance

with the Building Code of Australia.

c) Factory Unit Development

The development of factory tenement buildings, for the purpose of providing multiple factory

units in one lot, shall not be permitted unless the following requirements are complied with:

i) no factory unit shall have a floor area of less than 100m2.

ii) each factory unit shall have a service yard appurtenant to it which shall be a

minimum of 50 % of the unit floor area.

iii) access to the office attached to the factory unit and the major access to the unit

itself shall not be through the service yard.

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iv) off street parking may be provided as an overall area on site and shall provide for

all employees with a minimum staff parking requirement of four bays per unit.

Customer parking shall be provided as an additional figure of one bay per unit.

v) all facades to be of masonry construction or other material approved by Council. ‘

23. In clause 5.8.5 after ‘…the front building line ’ insert ‘, unless approved by Council, ’

24. In clause 5.8.8 replace ‘the Department of Transport and Communication’ with ‘the Civil Aviation

Safety Authority’;

25. In Clause 5.9, after ’…from the quiet living environment.’ In the same paragraph Insert:

‘Due to the location of this zone within a water supply area, land uses that generate greater volumes of

waste than residential land uses are discouraged.’


‘5.14 TOURIST ZONE

5.14.1 Objective

a) To encourage tourist accommodation and activity in areas adjacent to attractive

natural and man-made features.

b) To encourage tourist uses on land adjacent to the existing town centre and forming

the approach to the town centre of Halls Creek.

c) To encourage a high standard of aesthetic quality, landscaping and presentation.

5.14.2 Development Requirements

a) Development in the zone is to be consistent with an Outline Development Plan

endorsed by Council;

b) Council may approve the use of a tourist site in the Tourist Zone for permanent

residential purposes to a maximum of 35% of the number of units, rooms or

caravans/cabins approved for the site;

c) The Outline Development Plan shall include a Landscaping Strategy

5.15 MIXED USE ZONE

5.15.1 Objectives

a) to provide for a mix of land uses including showroom, service trade centres,

commercial (excluding a shop), some residential, and some light and service

industries,

b) to achieve and maintain a high standard of presentation to all streets, and

particularly to Duncan Highway.

c) to ensure light industrial uses are located so as to avoid land use conflicts with

other adjoining uses.

d) to permit the establishment of a caretakers dwelling if such dwelling is considered

necessary by Council for operational and security purposes of the business already

established on-site.

5.15.2 Residential Use in the Mixed Use Zone

Council may approve the use of Grouped Dwellings only in the Mixed Use zone, to a density

of R20.

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5.15.3 Development Standards

a) Development and site requirements shall be in accordance with the following

provisions;

TABLE 3 - MIXED USE ZONE

Zone Min. Lot Area Effective

Frontage

Building Setbacks Maximum Site

Coverage

Front Rear

Mixed Use 2000m2 15m 9m 7.5m 75%


i) be a minimum of 5 metres on any one side to permit access to the rear of

the lot; and

ii) on any other side, a minimum of 1.2 metres on any other side; or

depending upon the building height and materials as prescribed in the

Building Code of Australia; or zero in the case of a parapet wall with a

satisfactory fire rating in accordance with the Building Code of Australia.

c) Minimum building setbacks shall be:

i) in accordance with R Code R20 for residential development.

ii) for non-residential development the front setback shall be 9 metres;

and

iii) the rear and side setbacks shall be as determined by the Council in

accordance with the Building Code of Australia.

d) Development shall not exceed 2 storeys in height except where the Council

considers that particular circumstances may warrant an exception being made and

provided the Council’s objectives are not compromised.

e) In considering an application for planning approval for a proposed development

(including additions and alterations to existing development) the Council shall have

regard to the provisions of the Scheme and the following:

i) building size, height, bulk, roof pitch;

ii) setback and location of the building on its lot;

iii) function of the building;

iv) relationship to surrounding development; and

v) other characteristics considered by the Council to be relevant.

5.15.5 Landscape Treatment

Where a building is approved upon a lot and is set back from the front boundary of that lot

Council shall require the provision of landscape treatment between the frontage of any

building and the front boundary. Such landscape treatment may include a car parking area.

Implementation of an approved landscaped plan shall occur within six calendar months of:

a) the completion of any other approved works; or

b) the date of occupancy, if occupancy commences prior to the completion of the

development.

5.16 SETTLEMENT ZONE

5.16.1 Objective

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The Council’s objective for this Zone is to improve the general health, safety and amenity of

Aboriginal communities by supporting the preparation, endorsement and implementation of

Community Layout Plans.

5.16.2 Preparation and Endorsement of Community Layout Plans

a) Council’s dealings in regard to communities in the Settlement zone shall

be in accordance with Statement of Planning Policy No. 3.2 – Planning for

Aboriginal Communities.

b) Community Layout Plans may be prepared for either the whole or part of

any land within the Settlement Zone. The plans should be prepared in

accordance with the Guidelines for the Preparation of Community Layout

Plans for Western Australian Aboriginal Communities and with any other

relevant State or Commonwealth Government policy.

c) A Community Layout Plan may provide for a mix of land uses which may

include residential, community, administration, rural, and health, and

small business activities for the support and benefit of the community,

where these are consistent with improving the residential amenity in the

locality;

d) The Council shall not consider a layout plan, or any modification to an

approved layout plan, unless the affected community has had an

opportunity to comment on the contents of the plan or amendments to an

approved plan.

e) The Council shall assess the planning merits of the plan and then resolve

to either approve, refuse or approve with any modification(s) that Council

considers necessary.


a) Development in the zone is to be consistent with a Community Layout Plan

endorsed by the Community, Council and Western Australian Planning

Commission;

b) Where an endorsed Community Layout Plan is not in place, development

is to be in assessed using the best information available, which may

include draft Community Layout Plans, ‘as constructed’ drawings or advice

from relevant servicing agencies or organisations;

c) Essential services and community infrastructure provided in conjunction

with development of land within the zone should be consistent with the

adopted Community Layout Plan.

5.17 RESTRICTIVE COVENANTS

5.17.1 Subject to clause 5.17.2, a restrictive covenant affecting any land in the Scheme

area by which, or the effect of which is that, the number of residential dwellings

which may be constructed on the land is limited or restricted to less than that

permitted by the Scheme, is hereby extinguished or varied to the extent that it is

inconsistent with the provisions of the Residential Planning Codes which apply

under the Scheme.

5.17.2 Where clause 5.17.1 operates to extinguish or vary a restrictive covenant the local

government is not to grant planning approval to the development of the land

which would, but for the operation of clause 5.17.1 have been prohibited, unless

the application has been dealt with as an ‘D’ use and has complied with all of the

advertising requirements of Clause 9.2.

27. In Clause 7.7, after ‘…provision of’ insert ‘and maintenance of’.

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28. In clause 8.1.2 replace ‘Additional Information Sheet in the form set out at Appendix 5’ with

‘planning application form as set out in Appendix 5’.

29. Delete clause 8.4 and Table 3.

30. In clause 8.5 replace ‘Clause 8.4’ with ‘Clause 8.2’

31. Replace clause 9.1.1 with

‘9.1.1 Every application for Planning Consent shall be made in the form prescribed in Appendix 5 to

the Scheme or other such form that Council may adopt from time to time and shall be

accompanied by such plans and other information as is required by the Scheme.’

32. In clause 9.1.2(b) after item (vii) insert:

‘(viii) the location and design of all mechanisms of stormwater disposal and dispersal.’

33. In clause 9.1.2(c)after ‘…the application to be determined’ insert ‘, including an adequate

description of the development, land use and processes to enable proper consideration of the

application by Council’.

34. In clause 9.2.2 replace ‘AA’ with ‘D’.

35. In clause 9.2.4 replace ‘Appendix 7’ with ‘Appendix 6’.

36. In clause 9.3.3 replace ‘Appendix 8 to the scheme’ with ‘Appendix 7 to the Scheme with such

modifications as circumstances require.

37. After clause 9.3.4 insert:

‘9.3.5 Where the local government refuses an application for planning approval the local

government is to give reasons for its refusal.’


‘9.5 AMENDING OR REVOKING A PLANNING APPROVAL

The local government may, on written application from the owner of land in respect of which planning

approval has been granted, revoke or amend the planning approval, prior to the commencement of

the use or development subject of the planning approval.

9.6 UNAUTHORISED EXISTING DEVELOPMENTS

9.6.1. The local government may grant planning approval to a use or development

already commenced or carried out regardless of when it was commenced or

carried out, if the development conforms to the provisions of the Scheme.

9.6.2. Development which was unlawfully commenced is not rendered lawful by the

occurrence of any subsequent event except the granting of planning approval, and

the continuation of the development unlawfully commenced is taken to be lawful

upon the grant of planning approval.

9.7 SCOPE OF PLANNING APPROVAL

Planning approval may be granted —

a) for the use or development for which the approval is sought;

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b) for that use or development, except for a specified part or aspect of that use or development;

or

c) for a specified part or aspect of that use or development.

9.8 APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS

9.8.1. Where an application is for a development that includes the carrying out of any

building or works, the local government may grant approval subject to matters

requiring the subsequent planning approval of the local government. These matters

may include the siting, design, external appearance of the buildings, means of

access, landscaping, and such other matters as the local government thinks fit.

9.8.2. In respect of an approval requiring subsequent planning approval, the local

government may require such further details as it thinks fit prior to considering the

application.

9.8.3. Where the local government has granted approval subject to matters requiring the

later planning approval of the local government, an application for approval of

those matters must be made not later than 2 years after the date of the

determination of the first approval, or such other period as is specified in the

approval.

9.9 MATTERS TO BE CONSIDERED BY LOCAL GOVERNMENT

The local government in considering an application for planning approval is to have due regard to

such of the following matters as are in the opinion of the local government relevant to the use or

development the subject of the application —

a) the requirements of orderly and proper planning including any relevant proposed new town

planning scheme or amendment, or region scheme or amendment, which has been granted

consent for public submissions to be sought;

b) any approved statement of planning policy of the Commission;

c) any approved environmental protection policy under the Environmental Protection Act 1986;

d) any relevant policy or strategy of the Commission and any relevant policy adopted by the

Government of the State;

e) any Local Planning Policy adopted by the local government under clause 3.4, any heritage

policy statement for a designated heritage area adopted under clause 7.2.2, and any other

plan or guideline adopted by the local government under the Scheme;

f) in the case of land reserved under the Scheme, the ultimate purpose intended for the reserve;

g) the conservation of any place that has been entered in the Register within the meaning of the

Heritage of Western Australia Act 1990, or which is included in the Heritage List under

clause 7.1, and the effect of the proposal on the character or appearance of a heritage area;

h) the compatibility of a use or development with its setting;

i) any social issues that have an effect on the amenity of the locality;

j) the cultural significance of any place or area affected by the development;

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k) the likely effect of the proposal on the natural environment and any means that are proposed

to protect or to mitigate impacts on the natural environment;

l) whether the land to which the application relates is unsuitable for the proposal by reason of it

being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush

fire or any other risk;

m) the preservation of the amenity of the locality;

n) the relationship of the proposal 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 proposal;

o) whether the proposed means of access to and egress from the site are adequate and whether

adequate provision has been made for the loading, unloading, manoeuvring and parking of

vehicles;

p) the amount of traffic likely to be generated by the proposal, particularly in relation to the

capacity of the road system in the locality and the probable effect on traffic flow and safety;

q) whether public transport services are necessary and, if so, whether they are available and

adequate for the proposal;

r) whether public utility services are available and adequate for the proposal;

s) whether adequate provision has been made for access for pedestrians and cyclists (including

end of trip storage, toilet and shower facilities);

t) whether adequate provision has been made for access by disabled persons;

u) 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;

v) whether the proposal is likely to cause soil erosion or land degradation;

w) the potential loss of any community service or benefit resulting from the planning approval;

x) any relevant submissions received on the application and the comments or submissions

received from any authority consulted under clause 9.2;

y) the conservation of any place or site that has been entered in the Register within the meaning

of the Aboriginal Heritage Act of Western Australia Act 1972, or the conservation of any place

or site that is known to have any local or state significance, and consideration of any place or

site that is suspected of having local or state significance, and the effect of the proposal on

the character or significance of a heritage area;

z) any other planning consideration the local government considers relevant.’

39. Delete clauses 10.3, 10.4 and 10.5 and insert:

‘10.3 NOTICES

10.3.1 Sixty (60) days written notice is hereby prescribed as the notice to be given

pursuant to Section 214(b) of the Act.

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10.3.2 The Council may recover expenses under Section 215(2) of the Act in a court of

competent jurisdiction.

10.4 CLAIMS FOR COMPENSATION

Except where otherwise provided in the Scheme or the Act, the time limit for the making of claims for

compensation pursuant to Section 178(b) of the Act is twelve (12) months after the date of publication

of the Scheme in the Government Gazette.’

10.5 APPEALS

‘An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power

under the Scheme may appeal in accordance with Part 14 of the Act and the rules and regulations

made pursuant to the Act.’

10.6 POWERS OF THE LOCAL GOVERNMENT

10.6.1. The local government in implementing the Scheme has the power to —

(a) enter into an agreement with any owner, occupier or other person having

an interest in land affected by the provisions of the Scheme in respect of

any matter pertaining to the Scheme;

(b) acquire any land or buildings within the Scheme area under the provisions

of the Scheme or the Town Planning Act; and

(c) deal with or dispose of any land which it has acquired under the

provisions of the Scheme or the Town Planning Act in accordance with the

law and for such purpose may make such agreements with other owners

as it considers fit.

10.6.2. An employee of the local government authorised by the local government may, at

all reasonable times and with such assistance as may be required, enter any

building or land for the purpose of ascertaining whether the provisions of the

Scheme are being observed.

10.7 DELEGATION OF FUNCTIONS

10.7.1. The local government may, in writing and either generally or as otherwise provided

by the instrument of delegation, delegate to a committee or the CEO, within the

meaning of those expressions under the Local Government Act 1995, the exercise

of any of its powers or the discharge of any of its duties under the Scheme, other

than this power of delegation.

10.7.2. The CEO may delegate to any employee of the local government the exercise of

any of the CEO’s powers or the discharge of any of the CEO’s duties under

clause 10.7.1.

10.7.3. The exercise of the power of delegation under clause 10.7.1 requires a decision of

an absolute majority as if the power had been exercised under the Local

Government Act 1995.

10.7.4. Sections 5.45 and 5.46 of the Local Government Act 1995 and the regulations

referred to in section 5.46 apply to a delegation made under this clause as if the

delegation were a delegation under Division 4 of Part 5 of that Act.

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40. Delete Appendix 1 and insert:

‘APPENDIX 1 - DICTIONARY OF DEFINED WORKS AND EXPRESSIONS

Abattoir means land and buildings used for the slaughter of animals for human

consumption and the treatment of carcasses, offal and by-products.

Absolute Majority shall have the same meaning as is given to it in and for the purposes of the Local

Government Act 1995 (as amended).

Act means the Planning and Development Act, 2005 (as amended).

Advertisement means any word, letter, model, sign, placard, board, notice, device or

representation, whether illuminated or not, in the nature of, and employed wholly

or partly for the purposes of, advertisement, announcement or direction, and

includes any hoarding or similar structure used, or adapted for use, for the display

of advertisements. The term includes any airborne device anchored to any land or

building and any vehicle or trailer or other similar object placed or located so as

to serve the purpose of advertising.

Agriculture -

extensive

means premises used for the raising of stock or crops but does not include

agriculture - intensive or animal husbandry-intensive.

Agriculture -

Intensive

means premises used for trade or commercial purposes, including Outbuildings

and earthworks, associated with the following -

a) The production of grapes, vegetables, flowers, exotic or native plants, or

fruit or nuts;

b) The establishment and operation of plant or fruit nurseries;

c) The development of land for irrigated fodder production or irrigated pasture

(including turf farms); or

d) Aquaculture.

Agroforestry means land used commercially for tree production and agriculture where trees are

planted in blocks of more than one hectare.

Amenity means all those factors which combine to form the character of an area and

include the present and likely future amenity

Airfield means land and buildings used in connection with the operation of aero planes,

including passenger terminal, office, parking and servicing of aircraft and car

parking.

Ancillary

Accommodation

means self-contained living accommodation on the same site as a single house

that may be attached or detached from the single house and occupied by

members of the same family as the occupiers of the main dwelling.

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Animal

Establishment

means premises used for the breeding, boarding, training or caring of animals for

commercial purposes but does not include Animal Husbandry - Intensive or

Veterinary Centre.

Animal Husbandry -

Intensive

means premises used for keeping, rearing or fattening of pigs, Poultry (for either

egg or meat production), rabbits (for either meat or fur production) and other

livestock in feedlots.

Aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans

and aquatic plants. It includes the breeding, hatching rearing and cultivation for

sale of all aquatic organisms.

Battle-Axe Lot means a lot having access to a public road by means of an access strip included

in the Certificate of Title of that lot.

Bed and Breakfast means a dwelling, used by a resident of the dwelling to provide accommodation

for persons away from their normal place of residence on a short-term commercial

basis and includes the provision of breakfast.

Betting Agency means a building operated in accordance with the Totalisator Agency Board

Betting Act 1960.

Building shall have the same meaning as is given to it in and for the purposes of the

Residential Design Codes.

Building Codes means the Building Code of Australia as adopted in Western Australia and any

associated regulations.

Building Envelope means an area of land within a lot marked on a plan approved by the responsible

authority within which all buildings and effluent disposal facilities on the lot must

be contained.

Camp means any portable shed or hut, tent, tent fly, awning, blind or other portable

thing used as or capable of being used for habitation and includes a vehicle of a

prescribed type or in prescribed circumstances;

Camping Ground means an area of land on which camps, but not caravans, are situated for

habitation but does not include any land prescribed for the purposes of this

definition;

Caravan means a vehicle that is fitted or designed for habitation, and unless the contrary

intention appears, includes an annexe;

Caravan Park has the same meaning as in the Caravan Parks and Camping Grounds Act 1995.

As above.

Caretakers Dwelling means a dwelling on the same site as a building, operation, or plant, and

occupied by a supervisor of that building, operation or plant.

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Car Park means premises used primarily for parking vehicles whether open to the public or

not but does not include any part of a public road used for parking or for a taxi

rank, or any premises in which cars are displayed for sale.

Civic Building means a building designed, used or intended to be used by a Government

Department, an instrumentality of the Crown, or the Council as offices for

administrative, recreational or other like purpose.

Civic Use means premises used by a government department, an instrumentality of the

Crown, or the local government, for administrative, recreational or other purposes

Club premises means premises used by a legally constituted club or association or other body of

persons united by a common interest

Commission means the Western Australian Planning Commission.

Community Service

Depot

means the land and buildings used for the garaging of vehicles and equipment

used to provide a community service such as a fire brigade, ambulance etc.

Consulting Rooms means premises used by no more than 2 health consultants for the investigation or

treatment of human injuries or ailments and for general outpatient care.

Convenience Store means premises -

a) Used for retail sale of convenience goods commonly sold supermarkets,

delicatessens or newsagent, or the retail sale of petrol and those

convenience goods;

b) Operated during hours which include, by may extend beyond, normal

trading hours;

c) Which provide associated parking; and

d) The floor area of which does not exceed 300 square metres net lettable

area.

Corrective Institution means premises used to hold and reform persons committed to it by a court, such

as a prison or other type of detention facility.

Cultural Heritage

Significance

has the same meaning as in the Heritage of Western Australia Act 1990.

Day Care Centre means land and buildings used for the daily or occasional care of children in

accordance with the Child Welfare (Care Centres) Regulations, 1968 (as

amended).

Development shall have the same meaning given it in and for the purposes of the Act.

Detention Centre means land or buildings used for the confinement or detention in custody of young

offenders against the law with a view to their rehabilitation.

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Display Home

Centre

means a group of two or more dwellings which are intended to be open for public

inspection.

District means the Municipal District of the Shire of Hall's Creek.

Drive-in Theatre means land and buildings used to make provision for an audience to view the

entertainment while seated in motor vehicles

Dry cleaning

Premises

means land and buildings used for the cleaning of garments and other fabrics by

chemical processes

Educational

Establishment

means premises used for the purposes of education and includes a school, tertiary

institution, business college, academy or other educational centre.

Effective Frontage means the width of a lot at the minimum distance from the street alignment at

which buildings may be constructed, and shall be calculated as follows.

a) Where the site boundaries of a lot are parallel to one another, the length of

a line drawn at right angles to such boundaries;

b) Where the side boundaries of a lot are not parallel to one another, the

length of a line drawn parallel to the street frontage and intersecting the

side boundaries at the minimum distance from the street alignment at which

buildings may be constructed;

c) Where a lot is of such irregular proportions or on such steep grade that

neither of the foregoing methods can reasonably be applied, such length as

determined by the Council.

Equestrian Centre means land and buildings used for the stabling and exercise of horses and

includes facilities for events of a competitive nature.

Exhibition Centre means premises used for the display, or display and sale, of materials of an

artistic, cultural, scientific, environmental or historical nature, and includes a

museum or art gallery.

Factory Unit Building means an industrial building designed used or adapted for use as two or more

separately occupied production or storage areas.

Family Day Care means premises used to provide family day care within the meaning of the

Community Services (Child Care) Regulations 1988

Fast Food Outlet means premises used for the preparation, sale and serving of food to customers in

a form ready to be eaten without further preparation, primarily off the premises,

but does not include a lunch bar.

Fish Shop means a building where wet fish and similar foods are displayed and offered for

sale.

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Floor Area has the same meaning as in the Building Code of Australia 1996 published by the

Australian Building Codes Board

Frontage when used in relation to a building that is used for -

a) residential purposes, has the same meaning as in the Residential Planning

Codes; and

b) purposes other than residential purposes, means the road alignment at the

front of a lot and, if a lot abuts 2 or more roads, the one to which the

building or proposed building faces.

Fuel Depot means premises used for the storage and sale in bulk of solid or liquid or gaseous

fuel, but does not include a service station and specifically excludes the sale by

retail into a vehicle for final use of such fuel from the premises.

Funeral Parlour means premises used to prepare and store bodies for burial or cremation.

Garden Centre means land and buildings used for the sale and display of garden products,

including garden ornaments, plants, seeds, domestic garden implements and

motorised implements and the display but not manufacture of pre-fabricated

garden buildings.

Gazettal date in relation to a Scheme, means the date on which the Scheme is published in the

Gazette under section 87(3) of the Planning & Development Act

Gross Leasable Area means in relation to a building, the area of all floors capable of being occupied

by a tenant for his exclusive use, which area is measured from the centre lines of

joint partitions or walls and from the outside faces of external walls or the building

alignment, including shop fronts, basements, mezzanines and storage areas.

Health Studio means land and buildings designed and equipped for physical exercise, recreation

and sporting activities including outdoor recreation.

Height height when used in relation to a building that is used for -

a) residential purposes, has the same meaning as in the Residential Planning

Codes; or

b) purposes other than residential purposes, means the maximum vertical

distance between the ground level and the finished roof height directly

above;

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Home Business means a business, service or profession carried out in a dwelling or on land

around a dwelling by an occupier of the dwelling which -

a) does not employ more than 2 people not members of the occupier’s

household;

b) will not cause injury to or adversely affect the amenity of the

neighbourhood;

c) does not occupy an area greater than 50 square metres;

d) does not involve the retail sale, display or hire of goods of any nature;

e) in relation to vehicles and parking, does not result in traffic difficulties as a

of the inadequacy of parking or an increase in traffic volumes in the

neighbourhood, and does not involve the presence, use or calling of a

vehicle more than 3.5 tonnes tare weight; and

f) does not involve the use of an essential service of greater capacity than

normally required in the zone.

Home Occupation means an occupation carried out in a dwelling or on land around a dwelling by

an occupier of the dwelling which –

a) does not employ any person not a member of the occupier’s household;

b) will not cause injury to or adversely affect the amenity of the

neighbourhood;


d) does not display a sign exceeding 0.2 square metres;

e) does not involve the retail sale, display or hire of goods of any nature;

f) in relation to vehicles and parking, does not result in the requirement for

number of parking facilities than normally required for a single dwelling or

an increase in traffic volume in the neighbourhood, does not involve the

presence, use or calling of a vehicle more than 2 tonnes tare weight, and

does not include provision for the fuelling, repair or maintenance of motor

vehicles; and

g) does not involve the use of an essential service of greater capacity than

normally required in the zone.

Hospital means premises in which persons are admitted and lodged for medical treatment

or care and includes a maternity hospital

Hotel means premises providing accommodation the subject of a hotel license under the

Liquor Licensing Act 1988, and may include a betting agency on those premises,

but does not include a tavern or motel

Incidental Use means the use of premises which is ancillary and subordinate to the predominant

use.

Industry means premises used for the manufacture, dismantling, processing, assembly,

treating, testing, servicing, maintenance or repairing of goods, products, articles,

materials or substances and includes premises on the same land used for -

a) the storage of goods;

b) the work of administration or accounting;

c) the selling of goods by wholesale or retail; or

d) the provision of amenities for employees, incidental to any of those

industrial operations;

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Industry - Cottage means a trade or light industry producing arts and crafts goods which does not fall

within the definition of a home occupation and which -

a) does not cause injury to or adversely affect the amenity of the

neighbourhood;

b) where operated in a residential zone, does not employ any person other

than a member of the occupier’s household;

c) is conducted in an out-building which is compatible with the principal uses

to which land in the zone in which it is located may be put;

d) does not occupy an area in excess of 50 square metres; and

e) does not display a sign exceeding 0.2 square metres in area.

Industry - Extractive means an industry which involves the extraction, quarrying or removal of sand,

gravel, clay, hard rock, stone or similar material from the land and includes the

treatment and storage of those materials, or the manufacture of products from

those materials on, or adjacent to, the land from which the materials are

extracted, but does not include industry - mining

Industry - General means an industry other than a cottage, extractive, hazardous, light, noxious, rural

or service industry

Industry - Light means an industry -

a) in which the processes carried on, the machinery used, and the goods

and commodities carried to and from the premises do not cause any

injury to or adversely affect the amenity of the locality;

b) the establishment or conduct of which does not, or will not, impose an

undue load on any existing or proposed service for the supply or

provision of essential services;

Industry - Mining means land used commercially to extract minerals from the land.

Industry - Noxious means an industry in which the processes involved constitute an offensive trade

within the meaning of the Health Act, 1911-1979 (as amended), but does not

include a fish shop, dry cleaning premises, marine collectors yard, Laundromat,

piggery or poultry farm.

Industry - Rural means -

a) an industry handling, treating, processing or packing rural products; or

b) a workshop servicing plant or equipment used for rural purposes;

Industry - Service means -

a) an industry - light carried out from premises which may have a retail shop

front and from which goods manufactured on the premises may be sold; or

b) premises having a retail shop front and used as a depot for receiving goods

to be serviced.

Kindergarten means land and buildings used as a school for developing the intelligence of

young children by object-lessons, toys, games, singing and similar methods.

Land shall have the same meaning given to it in and for the purposes of, the Act.

Laundromat means a building, open to the public, in which coin-operated or other washing

machines, with or without provision for drying clothes, are available for use.

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Liquor Store means a building the subject of a Store Licence granted under the provisions of

the Liquor Act, 1970 (as amended).

Local Planning

Strategy

Is the strategic plan for land use and development for the future of the Shire. It is

endorsed by the commission under regulation 12b of the Town Planning

Regulations 1967 and is amended on occasion.

Lot shall have the same meaning given to it in and for the purposes of, the Act and

"allotment” has the same meaning.

Lunch Bar means premises or part of premises used for the sale of takeaway food (in a form

ready to be consumed without further preparation) within industrial or commercial

areas. AMD 16 GG 2/2/10

Market means premises used for the display and sale of goods from stalls by independent

vendors

Medical Centre means premises, other than a hospital, used by one or more health consultant(s)

for the investigation or treatment of human injuries or ailments and for general

outpatient care (including preventative care, diagnosis, medical and surgical

treatment, and counselling.

Milk Depot means land and buildings to which milk is delivered for distribution to consumers

but in which milk is not processed or pasteurised.

Motel means premises used to accommodate patrons in a manner similar to a hotel but

in which specific provision is made for the accommodation of patrons with motor

vehicles and may comprise premises licensed under the Liquor Licensing

Act 1988.

Motor vehicle, boat

or caravan sales

means premises used to sell or hire motor vehicles, boats or caravans

Motor vehicle repair means premises used for or in connection with —

a) electrical and mechanical repairs, or overhauls, to vehicles; or

b) repairs to tyres, but does not include premises used for recapping or

retreading of tyres, panel beating, spray painting or chassis reshaping.

Motor Vehicle Wash means premises where the primary use is the washing of motor vehicles.

Motor Vehicle

Wrecking Premises

means land and buildings used for the storage, breaking up or dismantling of

motor vehicles and includes the sale of second-hand motor vehicle accessories

and spare parts.

Museum means land and buildings used for storing and exhibiting objects illustrative of

antiquities, natural history, art, nature and curiosities.

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Net Lettable Area means the area of all floors within the internal finished surfaces of permanent

walls but excludes the following areas -

a) All stairs, toilets cleaners, cupboards, lift shafts and motor rooms,

escalators, tea rooms, plant rooms and other service areas.

b) Lobbies between lifts facing other lifts servicing the same floor.

c) Areas set aside for the provision of facilities or services to the floor or

buildings, and

d) Areas set aside for the provision of facilities or services to the floor or

building where such facilities area not for the exclusive use of occupiers of

the floor or building.

Night Club means premises used for -

a) Entertainment with or without eating facilities, and

b) Licensed under the Liquor Licensing Act 1988.

Non-Conforming

Use

has the same meaning as it has in section 12(2)(a) of the Planning & Development

Act.

Nursery means land and buildings used for the propagation, rearing and sale of products

associated with horticultural and garden décor.

Office means premises used for administration, clerical, technical, professional or other

like business activities.

Owner in relation to any land, includes the Crown and every person who jointly or

severally whether at law or in equity -

a) is entitled to the land for an estate in fee simple in possession;

b) is a person to whom the Crown has lawfully contracted to grant the fee

simple of that land;

c) is a lessor or licensee from the Crown; or

d) is entitled to receive or is in receipt of, or if the land were let to a tenant,

would be entitled to receive, the rents and profits from land, whether as

beneficial owner, trustee, mortgagee in possession or otherwise.

Outbuilding refers to a non-habitable structure located in association with, but not necessarily

connected to, a dwelling and is used for the purposes ancillary to the residential

use of the property.

Park Home [Caravan

and Camping Act

Definition].

means a vehicle of a prescribed class or description that is fitted or designed for

habitation.

Note: A caravan in respect of which a vehicle licence is not required under section 15 of

the Road Traffic Act 1974, because it could not be drawn by another vehicle on a

road due to its size, is a vehicle of a prescribed class or description for the purposes

of the definition of “park home” in section 5(1) of the Act.

Park Home Park has the same meaning as in the Caravan Parks and Camping Grounds

Regulations 1997.

Plot Ratio in the case of residential dwellings has the same meaning as in the Residential

Design Codes.

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Potable Water means water in which levels of physical, chemical and bacteriological constituents

do not exceed the maximum permissible levels set out in 'International Standards

for Drinking Water-Third Edition, World Health Organisation - 1971.

Private Hotel means land and buildings used for residential purposes the subject of a Limited

Hotel Licence granted under the provisions of the Liquor Act 1970 (as amended).

Private Recreation means land used for parks, gardens, playgrounds, sports arenas, or other grounds

for recreation which are not normally open to the public without charge.

Produce Store means land and buildings wherein fertilisers and grain are displayed and offered

for sale

Professional Office means a building used for the purposes of his profession by an accountant,

architect, artist, author, barrister, chiropodist, consular official, dentist, doctor,

engineer, masseur, nurse, physiotherapist, quantity surveyor, solicitor, surveyor,

teacher (other than a dancing teacher or a music teacher), town planner, or value,

or a person having an occupation of a similar nature, and Professional Person has

a corresponding interpretation.

Public Amusement means land and buildings used for the amusement or entertainment of the public,

with or without charge.

Public Authority shall have the same meaning given to it in and for the purposes of the Act

Public Mall means any public street or right-of-way designed especially for pedestrians who

shall have the right of way and vehicle access shall be restricted to service vehicles

at times specified by the Council.

Public Recreation means land used for a public park, public gardens, foreshore reserve, playground

or other grounds for recreation which are normally open to the public without

charge

Public Utility means any work or undertaking constructed or maintained by a public authority or

the Council as may be required to provide water, sewerage, electricity, gas,

drainage, communications or other similar services.

Place of Worship means premises used for religious activities such as a church, chapel, mosque,

synagogue or temple.

Radio & TV

Installation

means land and buildings used for the transmission, relay and reception of signals

and pictures, both commercial and domestic, but does not include domestic radio

and television receivers.

Reception Centre means premises used for functions on formal or ceremonial occasions but not for

un-hosted use for general entertainment purposes.

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Refuge/Safe House means a building or buildings which are used for the purpose of providing

emergency accommodation for people affected by domestic violence.

Rehabilitation Centre means a building used and designed for use wholly and principally for the

purpose of rehabilitation and includes a sobering up shelter.

Residential building has the same meaning as in the Residential Design Codes.

Residential Design

Codes

means the Residential Design Codes as per Western Australian Planning

Commission State Planning Policy 3.1, as amended from time to time.

Restaurant means premises where the predominant use is the sale and consumption of food

and drinks on the premises and where seating is provided for patrons, and

includes a restaurant licensed under the Liquor Licensing Act 1988.

Retirement Village means any land or buildings used to accommodate retirees together with ancillary

facilities.

Restoration means any work or process on at or in respect of a building structure or place

which wholly or partly brings back the building structure or place to its original

condition or which reinstates its historic or natural character either by rebuilding or

repairing its fabric or by removing accretions or additions.

Restricted Premises means premises used for the sale by retail or wholesale, or the offer for hire, loan

or exchange, or the exhibition, display or delivery of -

a) publications that are classified as restricted under the Censorship Act 1996;

b) materials, compounds, preparations or articles which are used or intended

to be used primarily in or in connection with any form of sexual behaviour

or activity.

Rural Pursuit means any premises used for -

a) the rearing or agistment of animals;

b) the stabling, agistment or training of horses;

c) the growing of trees, plants, shrubs or flowers for replanting in domestic,

commercial or industrial gardens; or

d) the sale of produce grown solely on the lot,

but does not include agriculture - extensive or agriculture - intensive;

Salvage Yard means land and buildings used for the storage and sale of materials salvaged

from the erection, demolition, dismantling or renovating of, or fire or flood

damage to structures including (but without limiting the generality of the

foregoing) buildings, machinery, vehicles and boats.

Sawmill means land and buildings where logs or large pieces of timber are sawn but does

not include a joinery works unless logs or large pieces of timber are sawn therein.

Schedule Means a schedule to the Scheme.

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Service Station means premises used for -

a) the retail sale of petroleum products, motor vehicle accessories and

goods of an incidental/convenience retail nature; and

b) the carrying out of greasing, tyre repairs and minor

mechanical repairs to motor vehicles,

but does not include premises used for a transport depot, panel beating, spray

painting, major repairs or wrecking;

Setback shall have the same meaning as the Planning and Development Act 2005, as

amended.

Shop means premises used to sell goods by retail, hire goods, or provide services of a

personal nature (including a hairdresser or beauty therapist) but does not include

a showroom or fast food outlet.

Short Stay

Accommodation

means any land or buildings used for overnight or holiday accommodation of

patrons in self-contained units and/or shared accommodation and may include

ancillary facilities. Short Stay Accommodation includes; dormitory style

accommodation, hostel/backpackers, tourist lodgings and guest house. Excludes

hotel, motel, bed and breakfast and other forms of residential building not listed in

this definition.

Showroom means premises used to display, sell by wholesale or retail, or hire, automotive

parts and accessories, camping equipment, electrical light fittings, equestrian

supplies, floor coverings, furnishings, furniture, household appliances, party

supplies, swimming pools or goods of a bulky nature.

Stables means land and building used for the housing and keeping of horses.

Storage means premises used for the storage of goods, equipment, plant or materials.

Tavern means premises licensed as a tavern under the Liquor Licensing Act 1988 and

used to sell liquor for consumption on the premises.

Telecommunications

Infrastructure

means land used to accommodate any part of the infrastructure of a

telecommunications network and includes any line, equipment, apparatus, tower,

antenna, tunnel, duct, hole, pit or other structure used, or for use in or in

connection with, a telecommunications network.

Temporary

Accommodation:

means any habitable building not permanently affixed to the ground and includes

any caravan, transportable dwelling, or any structure used for habitation for the

purposes of accommodation for a period not exceeding six months.

Trade Display means premises used for the display of trade goods and equipment for the

purpose of advertisement.

Transient Workers

Accommodation

dwellings intended for the temporary accommodation of transient workers and

may be designed to allow transition to another use or may be designed as a

permanent facility for transient workers and includes a contractors camp and

dongas.

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Transport Depot means land and buildings used for the garaging of motor vehicles used or

intended to be used for carrying goods or persons for hire or reward or for any

consideration, or for the transfer of goods or persons from one such motor vehicle

to another of such motor vehicles and includes maintenance, management and

repair of the vehicles used, but not of other vehicles.

Transportable Home means any structure designed for human habitation that is partly or wholly

prefabricated at any place other than on the lot upon which it is to be erected.

Veterinary centre means premises used to diagnose animal diseases or disorders, to surgically or

medically treat animals, or for the prevention of animal diseases or disorders.

Warehouse means premises used to store or display goods and may include sale by

wholesale.

Wayside Stall means a building situated on private land which offers for sale to the general

public produce or any commodity which is produced on the land upon which the

buildings are located.

Wholesale means the sale of any goods to any person or persons other than the ultimate

consumer of those goods by a person or his trustee, registered as a 'wholesale

merchant for Sales Tax purposes under the provisions of the Sales Tax Assessment

Act No. 1 1930, (as amended).

Wine House means land and buildings the subject of a Wine House Licence granted under the

provisions of the Liquor Act 1970, (as amended).

Winery means premises used for the production of viticultural produce and may include

sale of the produce.

Zone means a portion of the Scheme area shown on the map by distinctive colouring,

patterns, symbols, hatching or edging for the purpose of indicating the restrictions

imposed by the Scheme on the use and development of land, but does not include

a reserve or special control area.

Zoological Gardens means land and buildings for the keeping, breeding or display of fauna and the

term includes Zoo but does not include kennels or keeping, breeding or showing

of domestic pets.’

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APPENDIX 3 – SPECIAL SITES SCHEDULE

Lot No Location Purpose

1 Great Northern Highway Service Station/Road House

Undefined Lot McDonald Street Civic and Community Uses

427-428

429

Neighbor Street

Neighbor Street

Aged Persons Housing

Community Purposes

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APPENDIX 4 – CAR PARKING REQUIRMENTS

Use No Car Parking Spaces

Single house/Grouped dwelling/Multiple

dwelling

As prescribed within the provisions of the Residential Planning

Codes

Shop 1 for every 15 m2

floor area

Office 1 for every 40 m2

floor area

Warehouse/showroom 1 for every 100m2

floor area

Industry 1 for every 100 m2

floor area

Licensed hotel 1 for every bedroom & 1 for every 4m2

of public bar/lounge

floor area

Motel 1 for every bedroom & 1 for every 25m2

gross floor area of

service building

Tavern 1 for every 4 m2

public floor area

Residential building 1 for every bedroom & 1 for every staff member

Restaurant 1 for every 4 persons accommodated

Private club 1 for every 4 persons accommodated

Church 1 for every 4 persons accommodated

Hospital 1 for every 4 beds provided & 1 for every person employed

Medical centre 3 for every consulting room

Motor repair/station service station 2 for every working bay & 1 for each employee

Library/museum 1 for every 35m2

floor area

Take-away food outlet 1 for every 10m2

floor area

T.A.B. 1 for every 10m2

floor area

Consulting rooms 4 per practitioner

Day care centre/family day care 1 per Staff member plus 1 per 4 patrons

Camping ground/caravan parks 1 per caravan site and 1 per 2 campsites, visitors – 1 per 20

sites, min of 2

Educational establishment 1 car bay per staff member plus adequate pickup/set down

areas on site

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43. Delete Appendix 5.

44. Renumber Appendix 6 as Appendix 5 and replace ‘TOWN PLANNING AND DEVELOPMENT ACT

1928 (AS AMENDED) with ‘PLANNING AND DEVELOPMENT ACT 2005 (AS AMENDED)’.


1928 (AS AMENDED) with ‘PLANNING AND DEVELOPMENT ACT 2005 (AS AMENDED).


1928 (AS AMENDED) with ‘PLANNING AND DEVELOPMENT ACT 2005 (AS AMENDED).

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Schedule 1 – Scheme Map

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R20

R20

R20/40

R20

R15/40R20R40

R20

R40

R20

R20R20/50

R20

R50

R20

R20

R20R20

R20R20

R25R20 R40

R20R20R20/40

R20

R40

A1

STRETCH ST

LILLY CL

JOHNSTONE AV

SLAT

TERY

AV

GO R DON CT

BARRY PL

MCDONALD ST

DARCY ST

BEDFORD RD

HAZLETT PL

WILKINSON ST

JOHN

FLYNN ST

QUILTY ST

WOODLAND RD

TERONE ST

EGAN ST

KINIVAN ST

HALL ST

MARDIW

AH LO

OP

NEIGHBOR ST

THOMAS STLUNDJA COMMUNITY RD

MOUNT AMHURST RD

ROBERTA AV

DUNCAN RD

GREAT NORTHERN HWY

ROBE

RTA

AV

BARR

YP L

SMITH ST SMITH ST

FLINDERS ST

RHATI GAN

ST

MIN Y J AAR

RAW A

Y

MOYLE CR

STAN TREMLETT DR

B RID

GE ST

WELMAN R D

WELMAN RD

CH

R/TV

C

WSD

A

A

A

WSD

C

D

WSD

MO

WSD

WSD

WSD

WSD

SES

SPSAPHCPSCCT

CWP

HCHP

WSD

S

SP

P CWP

SSR

CAC

CPS

CWP

KINIVA

N ST

JINGGUL

ST

EGAN ST

WOODLAND RD

RACEC

OURSE RD

DOWNING ST

DOWN

ING

ST

LegendLOCAL SCHEME RESERVES

ResidentialResidential DevelopmentTown CentreTourism

IndustrialMixed UseRural/PastoralSpecial Rural

Parks and RecreationMajor Road

Settlement

ZONES

Special Site Denoted as follows: APH Aged Persons Housing CPS Community Purposes RT/FSA Road Train Assembly and Fuel Storage Area SSR Service Station Roadhouse TSB Truck Stop/BreakdownOTHER

Additional Uses

No Zone

R Codes

Public Purpose Denoted as follows: A Aerodrome C Cemetery CAC Civic and Aquatic Centre CC Community Centre CH Church Site CWP Community Welfare Purposes D Depot Site HCHP Hospital Comm Health Centre and Health Purposes MO Meteorological Office P Police Purposes R/TV Radio and TV Site S School Site SES State Emergency Service SP Shire Purposes SPS Sewerage Pump Site T Telecommunications WSD Water Supply

HALLS CREEKLOCAL PLANNING SCHEME No.2

OVERVIEW

CLIENT: SHIRE OF HALLS CREEK

FILE:S:\Projects\14\14844\gis\14844-002_sht2.mxdVERTICAL DATUM: N/AHORIZONTAL DATUM: GDA 1994 MGA Zone 52

DATE DRAWN:9/04/2014DRAWN BY: N/ACHECKED BY: G.C.

Plan No. :14844-001Revision :REV.3Scale :SHEET 1 of 2

1:10,000

240 0 240120 Meters

Suite 4, First Floor, 40 Hasler Road, Osborne Park 6017 www.whelans.com.au

¹

Member Practice

This plan must not be produced without the permission of WHELANSAll dimensions and areas are subject to survey

C

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BEDFORD RD

COX ST

DEHE

ST

RACEC

OURSE RD

MOUNT AMHURST RD

DUNCAN RD

GREAT NORTHERN HWY

JIRRIRNDI CRMARD

IWAH

LOOP

MARDIWAHL OOP

B ECK

ETT ST

BECKETTST

C WSD

A

SR1 SR1

C

DWSDWSD

WSD

SEE SHEET 2


OVERVIEW


FILE:S:\Projects\14\14844\planning\drafting & design\design\14844-002_sht1.mxdVERTICAL DATUM: N/AHORIZONTAL DATUM: GDA 1994 MGA Zone 52


Plan No. :14844-001Revision :REV.3Scale :Sheet : 1 0f 2

1:25,000

600 0 600300 Meters


¹

Member Practice


C





Settlement

ZONES


Additional Uses

R Codes


A1 Take Away Food

No Zone

RT/FSA

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ATTACHMENT 3

EXISTING AND PROPOSED SCHEME MAPS

JULY 2013 Ref: 14844

of 200

gcomiskey

Typewritten Text

2

gcomiskey

Typewritten Text

gcomiskey

Typewritten Text

S u r v e y i n g M a p p i n g T o w n P l a n n i n g

BROOME OFFICE:

Unit 6A, 41 Carnarvon Street, Broome WA 6725

PO Box 2283, BROOME WA 6725

T: 08 9192 2299 F: 08 9193 7639

E: [email protected] W: www.whelans.com.au

PERTH | KARRATHA | BROOME | KUNUNURRA | KALGOORLIE

WHELANS AUSTRALIA PTY LTD ACN 074 363 741

Shire Of Halls Creek Scheme Review

Existing and Proposed Scheme Maps

CURRENT SCHEME MAP 1 OF 2

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BROOME OFFICE:



T: 08 9192 2299 F: 08 9193 7639






CURRENT SCHEME MAP 2OF 2

of 200


BROOME OFFICE:



T: 08 9192 2299 F: 08 9193 7639






PROPOSED SCHEME MAP 1 OF 2

of 200


BROOME OFFICE:



T: 08 9192 2299 F: 08 9193 7639






PROPOSED SCHEME MAP 2 OF 2

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Attachment 3: Consideration of Submissions Received Regarding the Proposed

Amendments

Submitter Summary Representation

Mr S Barnes

Address:

371 Duncan Road

PO Box 19 Halls Creak

WA 6770

Rezoning of 371 Duncan Road, Halls Creek

Does not support the proposed rezoning of

land from Industry to Mixed Use

Planning ground for the

proposed objections were not

provided as part of the public

submission.

The proposed amendments will

affect development of the land

to be zoned Mixed Use by

reducing the range of

industrial land uses able to be

established. However, the

proposed zone will not prevent

the ongoing use of the land for

current lawfully established

uses. In addition, in the

instance of the land at 371

Duncan Road, the current use

is shop which is permissible (at

the Council’s discretion) in the

proposed Mixed Use zone.

Department of

Aboriginal Affairs

Address:

Ground Floor

151 Royal Street

East Perth

Postal Address:

Western Australia 6004

PO box 3153

East Perth Western

Australia 6892

Protection of Aboriginal Heritage Places

under the Aboriginal Heritage Act

Three sites were identified including DAA

353, DAA 12617 and DAA 14324.

The location of the identified

sites is shown in Figure 1.

Of the three identified

aboriginal heritage sites, DAA

14324 is located on land that is

subject to amendment of the

zone from Rural/Pastoral to

Industry.

As per advice from the

Department of Aboriginal

Affairs, when proposals for

development of land are

occurring developers should

use the Aboriginal Heritage

Due Diligence Guidelines for

assistance in identifying the

risk that proposed activities

may have on adversely

impacting Aboriginal heritage

values. It is also incumbent on

the Council to ensure

preservation of aboriginal

heritage values.

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Department of Health

Environmental

Address:

Health Directorate

Grace Vaughan House

227 Stubbs Terrace

SHENTON PARK


Postal Address:

PO Box 8172

PERTH BUSINESS

CENTRE WA 6849

Connection to Water Supply and Sewerage

All proposed developments are required to

connect to scheme water and reticulated

sewerage in accordance with the draft

Country Sewerage Policy.

The draft Country Sewerage

Policy is actively implemented

by the Council in assessment of

all development proposals. It is

noted, as per advice from the

Water Corporation, that the

proposed Industrial zoned land

along the Great Northern

Highway (to the South West of

the Town Centre) will not be

allowed to connect to sewer to

minimise risk of contamination

of the wastewater treatment

facility.

Water Corporation

Address:

629 Newcastle Street

Leederville 6007

Western Australia

Postal Address:

PO Box I 00

Leederville 6902

Perth Western Australia

The Water Corporation recommends that

the proposed industrial zoned land is

Industrial Area along the Great Northern

Highway to the South West of the Town

Centre uses on site wastewater disposal.

The Water Corporation's policy with small

wastewater systems in Country Towns is to

not include Industrial Areas as the risk of

contamination to the treatment process is

high.

The submission from the Water

Corporation is supported and it

is recommended that a

provision be incorporated into

the proposed scheme

amendments to state that

connection to sewerage will not

be allowed within industrial

areas.

Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:

PO Box 625 Kununurra


Public drinking water source protection

In accordance with State Planning Policy No

2.7 and model scheme text, as part of this

TPS amendment the Halls Creek Public

Drinking Water Source Areas (PDWSA)

should be shown as a Special Control Area.

The Special Control Area provisions should

provide for referral of applications to the

DoW for advice and comment, and set out

the relevant considerations in determining

planning applications within these areas,

guided by WQPN 25.

Agreed.

Provisions should be

incorporated into the draft

Scheme, consistent with the

model Scheme text and the

recommendations of the

Department of Water to identify

a special control areas over

public Drinking Water Source

Areas.

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Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:



Rezoning of Industrial land to Mixed Use

The DoW has no objection to the rezoning

of land from Industrial to Mixed Use in the

area just east of the Duncan Road, either

side of Flinders Road and provides the

following explanation and advice.

This land is located in the Priority 3 PDWSA.

Land use intensification within the water

reserve has potential to increase hazards,

risks and cost of water supply by reducing

the lifetime of a PDWSA. As such, the DoW

does not support rezoning to more

intensive land uses within PDWSAs. Based

on the information provided the DoW is

satisfied that rezoning from Industrial to

mixed use is unlikely to result in an

intensification of land use and therefore has

no objection to the rezoning.

Additionally, many of the uses acceptable

within the mixed use zone (e.g. caravan

parks, dry cleaning services, funeral parlour,

motor vehicle washdown, service station,

transient workers accommodation, light

industry etc.) would only be acceptable (to

the DoW) if conditions were applied to the

development. The land use compatibility

document referred to above outlines

conditions that may apply. Land uses and

developments in all PDWSAs that have the

potential to impact detrimentally on the

quality and quantity of public drinking

water supplies should not be permitted

unless it can be demonstrated, having

regard to advice from the DoW, that such

impacts can be satisfactorily managed.

Noted. In addition, by inclusion

of a special control area over the

Drinking Water Source Areas,

opportunity for referral of

relevant applications to the

Department of Water will

mitigate risk of contamination

by land uses.

Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:



Rezoning of Rural/Pastoral to Industrial

land use

In providing the following advice the DoW

understands that, following approval of the

scheme amendment, a detailed structure

plan will not be required for this industrial

development area.

The DoW does not support the rezoning of

land adjacent to the Great Northern

Highway at the south-western part of town

from Rural/Pastoral to Industrial at this

time.

It is recommended that

provisions be incorporated into

the proposed amendments to

require preparation of a

structure plan for the proposed

Industrial zoned land along the

Great Northern Highway (to the

South West of the Town Centre).

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Whilst the DoW supports the approach of

locating industrial land use away from the

town center (as proposed by amendment

no 21), the rezoning needs to be supported

by appropriate water management

planning.

In accordance with the framework outlined

in the WAPC's Better Urban Water

Management (DPI, DoW, WALGA, DEWHA

2008), a LWMS will be required for this

development area as stormwater will likely

be discharged offsite, there are no

confirmed potable and non-potable water

supplies at this stage and wastewater will

be disposed of on site. Ideally, the rezoning

and LWMS preparation should be deferred

until the Shire of Halls Creek has finalised

the updated LPS and developed a DWMS

(to guide the LWMS) as recommended

above.

If the rezoning is approved in spite of

DoW's recommendations, future

development should consider the following;

• Stormwater runoff must be managed

appropriately. The stormwater management

system should be designed in accordance

with the guidelines contained in the Storm

water Management Manual for Western

Australia (Department of Water, 2004 -

2007) and the Decision Process for

Stormwater Management (Department of

Environment, 2005).

• Developments should follow best

management practices outlined in the

following water quality protection notes for

industry operation and management near

sensitive waters.

- Contaminant spills: emergency response

[WOPN 10] ~ General and heavy industry

near sensitive waters [WOPN 20]

- Industrial wastewater management and

disposal [WOPN 51]

- Light industry near sensitive waters [WOPN

93].

- Storm water management at industrial sites

[WOPN 52]

- Mechanical servicing and workshops

[WQPN 28]

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Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:



Rezoning from Rural/Pastoral to Tourism

The DoW has no objection to the expansion

(by rezoning an area of Rural/Pastoral to

Tourism) of an existing tourism zone north

of the Great Northern Highway at the

eastern end of town.

This area is outside the PDSWA. Future

development should consider the following;

• Water supply may be a concern due to the

unreliable nature of fractured rock aquifers

and access to Water Corporation mains.

• Stormwater runoff must be managed

appropriately in accordance with the

guidelines mentioned above.

Noted.

The additional matters identified

in the submission regarding

access to water supply and

appropriate management of

stormwater runoff will be

addressed as part of the

consideration of the

development proposal for the

site.

Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:



Rezoning from Public Purpose to

Settlement

DoW supports rezoning from Public

Purpose to Settlement zones in order to

better support development of Community

Layout Plans. The introduction of the

"settlement" zoning in the TPS will provide

an important mechanism through which

protection of community drinking water

supplies can be achieved.

Noted.

Department of Water

Address:

Kimberley Region

27 Victoria Highway

Kununurra Western

Australia 6743

Postal Address:



Water Licencing advice

Halls Creek is located within the Ord River

and Tributaries Surface Water Area, the Ord

Irrigation District and the Canning-

Kimberley Groundwater Area proclaimed

under the Rights in Water and Irrigation

Act, 1914. A 5C licence may be required for

the use of surface water or groundwater.

Additionally, a 26D licence is required for

the construction of water supply bores and

a permit may be required to obstruct or

interfere with the bed and banks of a

watercourse.

Noted.

The Water Corporation is the

primary water service provider

for the Townsite and is

accordingly tasked with

obtaining necessary satisfying

licencing obligations.

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ATTACHMENT 4

AMENDMENTS RESULTING FROM PUBLIC AND STAKEHOLDER SUBMISSIONS

Ref: 14844

of 200


BROOME OFFICE:



T: 08 9192 2299 F: 08 9193 7639






Att 4 - Alteration to proposed amendments (rev2) i

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BROOME OFFICE:



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Att 4 - Alteration to proposed amendments (rev2) ii

Amend attachment 1 as follows:

Item 1 - Delete Clause 5.13;and after Clause 3.4.6 insert:

‘3.5 STRUCTURE PLAN PREPARATION AND ADOPTION

3.5.1 It is a requirement of this Scheme that the subdivision and development of land within a

Residential Development zone or the Industrial as shown on the Scheme Map takes place

only after comprehensive planning in accordance with the objectives for that zone in

Clause 5.6.

3.5.2 The Council, before supporting or approving any proposal for subdivision or

development of any land within the Residential Development zone or the Industrial zone,

shall require the preparation of a Structure Plan for the whole of the area or for any

particular part or parts as considered appropriate by the Council.

3.5.3 The Structure Plan shall address-

a) The topography of the area;

b) Existing road system;

c) Location and standards of any future roads and overall access pattems, including

pedestrian and cycle networks;

d) Location of shopping, community amenities and recreation areas consistent with

the projected needs of the locality;

e) Proposed population where appropriate;

f) Residential densities (R codes) (if applicable );

g) Existing and proposed services;

h) Staging of the development;

i) Geo-technical suitability;

j) Availability of ground water where appropriate (ie. For rural residential);

k) Drainage issues;

I) Aboriginal heritage issues;

m) Environmental considerations including flora and fauna impacts, pollution,

groundwater quality, and any other environmental issues identified by the council;

and

n) Any other information as shall be requested by the Council.

3.5.4 Upon submission of a structure plan Council shall thereafter follow the advertising

procedures outlined in Clause 9.2.3 except that the submission period shall be extended

to 60 days.

3.5.5 Upon the close of submission period referred to in Clause 5.13.4 the Council shall

consider any submissions made, resolve to modify the plan as it sees fit, adopt the plan

as the basis for future subdivisional development of the area and refer the structure plan

to the WA Planning Commission within 60 days with a request that the Commission

endorse the plan as the basis for the future subdivision and development of the subject

area.

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Att 4 - Alteration to proposed amendments (rev2) iii

3.5.6 Upon receipt of the Commission's endorsement, Council shall adopt the plan including

any modifications determined necessary by the Commission as the basis for future

subdivision and development of the locality to which the structure plan applies.

3.5.7 Any decisions or conditions made or imposed by Council and/or WA Planning

Commission constitutes an exercise of discretion and therefore enables an appeal to be

exercised as outlined in Clause 10.5 of this scheme.’

Item 2

(a) after Clause 3.5.7 insert:

3.6 SPECIAL CONTROL AREAS

3.6.1 The following special control areas are shown on the Scheme Maps

Water Protection Areas

6.1.2 In respect of a special control area shown on a Scheme Map, the provisions applying to

the special control area apply in addition to the provisions applying to any underlying

zone or reserve and any general provisions of the Scheme.

3.6.3 Proposals for development within the Water Protection Areas will be referred to the

Department of Water for consideration prior to determination by the Council.

(b) in clause 5.12.1(b) replace ‘clause 5.13’ with ‘clause 3.5’.

(c) delete clause 5.13.

Item 3 – Replace the Scheme Maps with the following.

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Att 4 - Alteration to proposed amendments (rev2) iv

Item 4 - Replace Table 1 with the following:


USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L

DEVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE


PRED

OM

INAN

T U

SES T

O B

E L

IMIT

ED

TO

TH

AT

SPEC

IFIC

ALLY M

ARKED

IN

TH

E S

CH

EM

E M

AP

Bed & Breakfast D SA P/SA

1

X X P/SA1 P/SA

1 P




Convenience Store P SA SA D SAX SA SA SA


Fast food outlet SA X SA SA DX X X X

















Shop P SA SA SA SAD X X SA







Caretaker’s dwelling D D D D IP IP X DIP

Grouped dwelling D D D SA X DX X DSA

Multiple dwelling D D D SA X X X DSA


Residential building D SA SA SA X X X DSA

Single house D P P X X P P XIP

Transient workers accommodation X XSA XSA SAD SAD X X DX



PRED

OM

INAN

T U

SES T

O B

E

LIM

ITED

TO

TH

AT S

PEC

IFIC

ALLY

MARKED

IN

TH

E S

CH

EM

E M

AP

Club premises D X X SA X SA X D


Consulting rooms P X X XD X D X X








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Att 4 - Alteration to proposed amendments (rev2) v

USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L

DEVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE


Place of worship P D D D X DX XD X























RURAL DEVELOPMENT






Item 5 - In Clause 5.1.2 delete item g

Item 6 - In Clause 5.4.2 replace Deign’ with ‘Design’

Item 7 - Replace Clause 5.4.3 with the following

‘5.4.3 In the event of there being any inconsistency between the Residential Design Codes

identified by Clauses 5.4.1 and the Scheme, the Scheme shall prevail.’

Item 8 - In Clause 5.4.63 delete ‘a site has’ where it appears the first time

Item 9 - In Clause 9.4.1 delete ‘for of the receipt by it of an application’

Item 10 - In Clause 9.4.2 after ‘Clause 9.2’ insert ‘or referred an application to a referral agency’

Item 11 - In Appendix 1

(a) amend the definition of convenience store by inserting ‘at’ after sold and replacing

‘newsagent’ with ‘newsagents’

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Att 4 - Alteration to proposed amendments (rev2) vi

(b) amend the definition of shop by replacing ‘or fast food outlet’ with ‘, or fast food outlet

or convenience store’

Item 12 - In Appendix 6 replace Shire Clerk’ with ‘Chief Executive Officer’

Item 13 - In Appendix 7 replace Shire Clerk’ with ‘Chief Executive Officer’

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BEDFORD RD

COX ST

DEHE

ST

RACEC

OURSE RD

MOUNT AMHURST RD

DUNCAN RD

GREAT NORTHERN HWY

JIRRIRNDI CRMARD

IWAH

LOOP

MARDIWAHL OOP

B ECK

ETT ST

BECKETTST

C WSD

A

SR1 SR1

C

DWSDWSD

WSD

SEE SHEET 2


OVERVIEW





1:25,000

600 0 600300 Meters


¹

Member Practice


C

RT/FSA

SPECIAL CONTROL AREASWater Protection Area

Priority 1Priority 2Priority 3





Settlement

ZONES


Additional Uses

R Codes


A1 Take Away Food

No Zone

of 200

R20

R20

R20/40

R20

R15/40R20R40

R20

R40

R20

R20R20/50

R20

R50

R20

R20

R20R20

R20R20

R25R20 R40

R20R20R20/40

R20

R40

A1

STRETCH ST

LILLY CL

JOHNSTONE AV

SLAT

TERY

AV

GO R DON CT

BARRY PL

MCDONALD ST

DARCY ST

BEDFORD RD

HAZLETT PL

WILKINSON ST

JOHN

FLYNN ST

QUILTY ST

WOODLAND RD

TERONE ST

EGAN ST

KINIVAN ST

HALL ST

MARDIW

AH LO

OP

NEIGHBOR ST


MOUNT AMHURST RD

ROBERTA AV

DUNCAN RD

GREAT NORTHERN HWY

ROBE

RTA

AV

BARR

YP L

SMITH ST SMITH ST

FLINDERS ST

RHATI GAN

ST

MIN Y J AAR

RAW A

Y

MOYLE CR

STAN TREMLETT DR

B RID

GE ST

WELMAN R D

WELMAN RD

CH

R/TV

C

WSD

A

A

A

WSD

C

D

WSD

MO

WSD

WSD

WSD

WSD

SES

SPSAPHCPSCCT

CWP

HCHP

WSD

S

SP

P CWP

SSR

CAC

CPS

CWP

KINIVA

N ST

JINGGUL

ST

EGAN ST

WOODLAND RD

RACEC

OURSE RD

DOWNING ST

DOWN

ING

ST





Settlement

ZONES


Additional Uses

No Zone

R Codes



OVERVIEW





1:10,000

240 0 240120 Meters


¹

Member Practice


C


Priority 1

Priority 2

Priority 3

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ATTACHMENT 5

COMPILATION OF SCHEME TEXT WITH PROPOSED AMENDMENTS INSERTED

APRIL 2014

Ref: 14844

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Scheme Text Compiled with Rev 9a i

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Scheme Text Compiled with Rev 9a ii

CONTENTS

APPENDIX B .................................................................................... Error! Bookmark not defined.

PART I - PRELIMINARY ........................................................................................................... 1

1.1 CITATION .............................................................................................................. 1

1.2 RESPONSIBLE AUTHORITY ...................................................................................... 1

1.3 SCHEME AREA ....................................................................................................... 1

1.4 CONTENTS OF SCHEME ........................................................................................ 1

1.5 ARRANGEMENT OF SCHEME TEXT .......................................................................... 1

1.6 SCHEME OBJECTIVES ............................................................................................. 1

1.7 INTERPRETATIONS ................................................................................................. 2

1.8 RELATIONSHIP WITH LOCAL LAWS .......................................................................... 2

PART II - RESERVES ............................................................................................................... 2

2.1 SCHEME RESERVES ................................................................................................. 2

2.2 MATTERS TO BE CONSIDERED BY COUNCIL ........................................................... 3

2.4 COMPENSATION ................................................................................................... 3

2.5 USE AND DEVELOPMENT OF SCHEME RESERVES ..................................................... 3

PART III - POLICIES AND ZONES ........................................................................................... 4

3.1 ZONES, POLICY STATEMENTS AND PRECINCTS ....................................................... 4

3.2 ZONES .................................................................................................................. 4

TABLE 1 - ZONING TABLE .................................................................................................... 5

3.3 ADDITIONAL USES ................................................................................................. 7

3.4 POLICIES ............................................................................................................... 7

3.5 STRUCTURE PLAN PREPARATION AND ADOPTION ................................................... 8

3.6 Operation of special control areas ............................................................................ 9

PART IV - NON CONFORMING USES ................................................................................... 9

4.1 NON-CONFORMING USE RIGHTS ......................................................................... 9

4.2 EXTENSION OF NON-CONFORMING USE ............................................................. 9

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Scheme Text Compiled with Rev 9a iii

4.3 CHANGE OF NON-CONFORMING USE ................................................................. 9

4.4 DISCONTINUANCE OF NON-CONFORMING USE .................................................10

4.5 DESTRUCTION OF BUILDINGS ..............................................................................10

PART V - DEVELOPMENT REQUIREMENTS AND POLICIES ......................................................10

5.1 DEVELOPMENT OF LAND ..........................................................................................10

5.2 LAND SUBJECT TO INUNDATION ..........................................................................11

5.3 DISCRETION TO MODIFY DEVELOPMENT STANDARDS ...........................................11

5.5 RESIDENTIAL PLANNING CODES: VARIATIONS AND EXCLUSIONS ...........................12

5.6 RESIDENTIAL ZONE ...............................................................................................12

5.7 TOWN CENTRE ZONE ..........................................................................................13

5.7.1 OBJECTIVES ..........................................................................................................13

5.8 INDUSTRIAL ZONE ................................................................................................14

5.8.2 DEVELOPMENT STANDARDS ..................................................................................14

5.9 SPECIAL RURAL ZONE ...........................................................................................16

5.10 RURAL PASTORAL ZONE ........................................................................................16

5.11 SPECIAL SITE ZONE ...............................................................................................16

5.12 RESIDENTIAL DEVELOPMENT ZONE .......................................................................17

5.13 STRUCTURE PLAN PREPARATION AND ADOPTION ERROR! BOOKMARK NOT DEFINED.

5.14 TOURIST ZONE .....................................................................................................17

5.15 MIXED USE ZONE .................................................................................................17

5.16 SETTLEMENT ZONE ...............................................................................................19

5.17 RESTRICTIVE COVENANTS .....................................................................................20

PART VI - AMENITY CONTROL .............................................................................................20

6.1 UNTIDY SITES .......................................................................................................20

6.2 VEHICLES, CARAVANS, TRAILERS IN RESIDENTIAL AREAS ..........................................20

6.3 TRANSPORTABLE HOMES/STRUCTURES ..................................................................21

6.4 DERELICT VEHICLES ...............................................................................................21

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Scheme Text Compiled with Rev 9a iv

6.5 HOME OCCUPATIONS/COTTAGE INDUSTRIES ......................................................21

6.6 OUTBUILDINGS ....................................................................................................21

6.7 REAR ACCESS AND LOADING DOCKS ...................................................................21

PART VII - CAR PARKING ......................................................................................................22

7.1 CAR PARKING REQUIREMENTS ..............................................................................22

7.2 CONDITIONS OF PLANNING CONSENT ...............................................................22

7.3 OFF STREET PARKING ...........................................................................................22

7.4 SHARED OR COMBINED PARKING .........................................................................23

7.5 STANDARDS..........................................................................................................23

7.6 LANDSCAPING, CONSTRUCTION AND MAINTENANCE ..........................................23

7.7 TOWN CENTRE ZONE ..........................................................................................23

PART VII - CONTROL OF ADVERTISEMENTS ..........................................................................24

8.1 POWER TO CONTROL ADVERTISEMENTS ...................................................................24

8.2 EXISTING ADVERTISEMENTS ...................................................................................24

8.3 CONSIDERATION OF APPLICATION .......................................................................24

8.5 DISCONTINUANCE ...............................................................................................24

8.6 DERELICT OR POORLY MAINTAINED SIGNS ...........................................................24

8.7 NOTICES ..............................................................................................................25

8.8 SCHEME TO PREVAIL .............................................................................................25

8.9 ENFORCEMENT AND PENALTIES ............................................................................25

PART IX - PLANNING CONSENT ...........................................................................................25

9.1 APPLICATION FOR PLANNING CONSENT ..............................................................25

9.2 ADVERTISING OF APPLICATIONS ...........................................................................26

9.3 DETERMINATION OF APPLICATIONS ......................................................................27

9.4 DEEMED REFUSAL .................................................................................................27

9.5 AMENDING OR REVOKING A PLANNING APPROVAL ..............................................28

9.6 UNAUTHORISED EXISTING DEVELOPMENTS ...........................................................28

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Scheme Text Compiled with Rev 9a v

9.7 SCOPE OF PLANNING APPROVAL ..........................................................................28

9.8 APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS ............................................28

9.9 MATTERS TO BE CONSIDERED BY LOCAL GOVERNMENT .......................................29

PART X - ADMINISTRATION ..................................................................................................30

10.1 POWERS OF THE SCHEME .....................................................................................30

10.2 OFFENCES ...........................................................................................................30

10.3 NOTICES ..............................................................................................................31

10.4 CLAIMS FOR COMPENSATION ..............................................................................31

10.5 APPEALS ..................................................................................................................31

10.6 POWERS OF THE LOCAL GOVERNMENT ................................................................31

10.7 DELEGATION OF FUNCTIONS ..............................................................................32

APPENDIX 1 - INTERPRETATIONS .........................................................................................33

APPENDIX 2 - SPECIAL RURAL ZONE ....................................................................................43

APPENDIX 3 - SPECIAL SITES SCHEDULE ...............................................................................44

APPENDIX 4 - CAR PARKING REQUIREMENTS .......................................................................45

APPENDIX 5 – APPLICATION FORM FOR PLANNING CONSENT ............................................47

APPENDIX 6 - NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL ...............49

APPENDIX 7 -DECISION ON APPLICATION FOR PLANNING ..................................................50

APPENDIX 8 - ADDITIONAL USE ...........................................................................................51

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Scheme Text Compiled with Rev 9a 1

PART I - PRELIMINARY

1.1 CITATION

This Town Planning Scheme may be cited as the Shire Of Hall's Creek Scheme No 1

hereinafter called 'the Scheme' and shall come into operation on the publication of the

Scheme in the Government Gazette.

1.2 RESPONSIBLE AUTHORITY

The Authority responsible for implementing the Scheme is the Council of the Shire of

Hall's Creek hereinafter called 'the Council'.

1.3 SCHEME AREA

The Scheme applies to part of the Shire of Hall's Creek as shown on the Scheme Map by

the broken black border and which area is hereinafter called the Scheme Area.

1.4 CONTENTS OF SCHEME

The Scheme comprises:

(a) The Scheme Text

(b) The Scheme Maps

The Scheme is to be read in conjunction with the Local Planning Strategy.

1.5 ARRANGEMENT OF SCHEME TEXT

The Scheme Text is divided into the following parts:

Part 1 Preliminary

Part II Reserves

Part III Policies and Zones

Part IV Non-Conforming Uses

Part V Development Requirements

Part VI Amenity Control

Part VII Car Parking

Part VIII Control of Advertising

Part IX Planning Consent

Part X Administration

1.6 SCHEME OBJECTIVES

The broad objectives of the Scheme are as follows:

a) to set aside land for the continued development of the town in areas appropriate

for urban development,

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b) to limit the development of land considered inappropriate for urban uses because

of the adverse affects of inundation and other physical constraints,

c) to reserve land for public purposes.

d) to zone the balance of the land within the Scheme Area for the various purposes

described in the Scheme.

e) to provide development policies and controls for the purpose of securing land,

maintaining an orderly and properly planned use and development of land within

the Scheme Area.

f) to set out procedures for the assessment and determination of planning

applications.

g) to make provision for the administration and enforcement of the Scheme.

h) to address other matters set out in the First Schedule of the Planning and

Development Act.

1.7 INTERPRETATIONS

1.7.1 Except as provided in Clause 1.7.2 and 1.7.3 the words and expressions of the Scheme

have their normal and common meaning.

1.7.2. Unless the context otherwise requires, words and expressions used in the Scheme have

the same meaning as they have -

(a) in the Town Planning & Development Act; or

(b) if they are not defined in that Act -

(i) in the Dictionary of defined words and expressions in Schedule 1; or

(ii) in the Residential Design Codes.1.7.3 If there is a conflict between the

meaning of a word or expression in the Dictionary of defined words and expressions in

Schedule 1 and the meaning of that word or expression in the Residential Design Codes -

(a) in the case of a residential development, the definition in the Residential Design

Codes prevails; and

(b) in any other case the definition in the Dictionary prevails.

1.7.4 Notes, and instructions printed in italics, are not part of the Scheme.

1.8 RELATIONSHIP WITH LOCAL LAWS

Where a provision of the Scheme is inconsistent with a local law, the provision of the

Scheme prevails.

PART II - RESERVES

2.1 SCHEME RESERVES

The lands shown as Scheme Reserves on the Scheme Map, hereinafter called 'Reserves'

are lands reserved under the Scheme for the purposes shown on the Scheme Map and

are listed hereunder:

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Major Road

Public Purposes (as marked)

Parks and Recreation

2.2 MATTERS TO BE CONSIDERED BY COUNCIL

Where an application for Planning Consent is made with respect to land within a Reserve,

the Council shall have regard to the ultimate purposes intended for the Reserve and the

Council shall, in the case of land reserved for the purposes of a Public Authority, confer

with that Authority before granting its consent.

2.4 COMPENSATION

2.4.1 Where the Council refuses Planning Consent for the development of a Reserve on the

ground that the land is reserved for the purposes shown on the Scheme Map, or grants

consent subject to conditions that are unacceptable to the applicant the owner of the

land may, if the land is injuriously affected thereby, claim compensation for such injurious

affection.

2.4.2 Claims for such compensation shall be lodged at the office of the Council not later than

six months after the date of the decision of the Council refusing Planning Consent or

granting it subject to conditions that are unacceptable to the applicant.

2.4.3 In lieu of paying compensation the Council may purchase the land affected by such

decision of the Council at a price representing the unaffected value of the land at the

time of refusal of Planning Consent or of the grant of consent subject to conditions that

are unacceptable to the applicant.

2.5 USE AND DEVELOPMENT OF SCHEME RESERVES

2.5.1 A person must not -

(a) use a Reserve; or

(b) commence or carry out development on a Reserve,

without first having obtained planning approval under Part 9 of the Scheme.

2.5.2 In determining an application for planning approval the local government is to have due

regard to -

(a) the matters set out in clause 9.9; and

(b) the ultimate purpose intended for the Reserve.

2.5.3 In the case of land reserved for the purposes of a public authority, the local government

is to consult with that authority before determining an application for planning approval.’

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PART III - POLICIES AND ZONES

3.1 ZONES, POLICY STATEMENTS AND PRECINCTS

The Scheme Area is divided into Precincts and Zones. Each Precinct is the subject of a

Policy Statement relating to the predominant use and strategy for future development of

that Precinct.

3.2 ZONES

3.2.1 Creation of Zones

There are hereby created the zones set out hereunder:

Industrial Zone

Residential Zone

Mixed Use Zone

Residential Development Zone

Rural/Pastoral Zone

Settlement Zone

Special Rural Zone

Special Site Zone (as marked)

Tourist Zone

Town Centre Zone

These Zones and the development provisions relating to them shall be read in

conjunction with the Policy Statements as adopted by the Council pursuant to this Part.

The zones are delineated and depicted on the Scheme Map according to the legend

thereon.

3.2.2 Zoning Table

The Zoning Table indicates, subject to the provisions of the Scheme, the several uses

permitted in the Scheme Area in the various zones and such uses being determined by

cross reference between the list of Use Classes on the left hand side of the Table 1 and

the list of Zones at the top of the Zoning Table.

The symbols used in the cross reference in the Zoning Table have the following

meanings:

'P' means that the use is permitted provided it complies with the relevant standards

and requirements laid down in the Scheme and all conditions (if any) imposed by

the Council in granting Planning Consent.

'IP' means a use that is not permitted unless such use is incidental to the predominant

use of the land as determined by the Council;

'D' means that the Council may, at its discretion, permit the use;

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'SA' means that the Council may, at its discretion, permit the use after notice of

application has been given in accordance with Clause 9.2.

‘‘X’ means a use that is not permitted by the scheme’


USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L

DEVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE


PRED

OM

INAN

T U

SES T

O B

E L

IMIT

ED

TO

TH

AT

SPEC

IFIC

ALLY M

ARKED

IN

TH

E S

CH

EM

E M

AP

Bed & Breakfast D SA P/SA

1

X X P/SA1 P/SA

1 P




Convenience Store P SA SA D SA SA SA SA


Fast food outlet SA X SA SA D X X X

















Shop P SA SA SA SA X X SA







Caretaker’s dwelling D D D D IP IP X IP

Grouped dwelling D D D SA X X X SA

Multiple dwelling D D D SA X X X SA


Residential building D SA SA SA X X X SA

Single house D P P X X P P IP

Transient workers accommodation X SA SA D D X X X



PRED

OM

INAN

T U

SES

TO

BE L

IMIT

ED

TO

TH

AT S

PEC

IFIC

ALLY

MARKED

IN

TH

E

SC

HEM

E M

AP Club premises D X X SA X SA X D


Consulting rooms P X X D X D X X





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USE CLASSES

TO

WN

CEN

TRE

RESID

EN

TIA

L

RESID

EN

TIA

L

DEVELO

PM

EN

T Z

ON

E

MIX

ED

USE

IND

USTRIA

L

RU

RAL /

PASTO

RAL

SPEC

IAL R

URAL

TO

URIS

T Z

ON

E

SPEC

IAL S

ITE





Place of worship P D D D X D D X























RURAL DEVELOPMENT






3.2.3 Where in the Zoning Table a particular use is mentioned it is deemed to be excluded

from any other use class which by its more general terms might otherwise include such

particular use.

3.2.4 If the use of land for a particular purpose is not specifically mentioned in the Zoning

Table and cannot reasonably be determined as falling within the interpretation of one of

the use classes the Council may:

(a) determine that the use is not consistent with the objectives and purpose of the

Policy Statement and particular zone and is therefore not permitted,

or

(b) determine by absolute majority that the proposed use may be consistent with the

objectives and purpose of the Policy Statement and Zones and thereafter follow the

advertising procedures of Clause 9.2 in considering an Application for Planning

Consent.

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3.3 ADDITIONAL USES

Notwithstanding anything contained in the Zoning Table, the land specified in Appendix

No. 9 may be used for the specific use or uses that are listed in addition to any uses

permissible in the zone in which the land is situated subject to the conditions set out in

Appendix No. 9 with respect to that land.

3.4 POLICIES

3.4.1 Power To Make Policies

In order to achieve the objective of the Scheme, the Council may make Town Planning

Scheme Policies relating to parts or all of the Scheme Area and relating to one or more

of the aspects of the control of development.

3.4.2 Procedure of Policy Making

A Town Planning Scheme Policy shall become operative only after the following

procedures have been completed:

a) The Council having prepared and resolved to adopt a draft Town Planning Scheme

Policy, shall advertise a summary of the draft Policy once a week for two

consecutive weeks in a newspaper circulating in the area giving details of where

the draft Policy may be inspected and where, in what form, and during what period

(being not less than 21 days) representations may be made to the Council.

(b) The Council shall review its draft Town Planning Scheme Policy in the light of any

representations made and shall then decide to finally adopt the draft Policy with or

without amendment, or not proceed with the draft Policy.

(c) Following final adoption of a Town Planning Scheme Policy, details thereof shall be

advertised publicly and a copy kept with the Scheme documents for inspection

during normal office hours.

3.4.3 Policy Amendment A Town Planning Scheme Policy may only be altered or rescinded by:

a) preparation and final adoption of a new Policy pursuant to this Clause, specifically

worded to supersede an existing Policy.

b) publication of a formal notice of rescission by the Council twice in a newspaper

circulating in the area.

3.4.4 Policy Statements and Precincts

The Policy Statements prepared pursuant to this Part shall apply to the Precincts so named

and numbered by the Policy Statement Document.

3.4.5 The Scheme Shall Prevail

A Town Planning Scheme Policy shall not bind the Council in the respect of any

Application for Planning Consent but the Council shall take into account the provisions of

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the Policy and Objectives which the Policy was designed to achieve before making its

decision.

3.4.6 Policy Statements shall be Consistent with the Scheme

The Policy Statements prepared pursuant to this Part shall be consistent with the intent of

the Objectives, Zones and general provisions of the Scheme.

3.5 STRUCTURE PLAN PREPARATION AND ADOPTION

3.5.1 It is a requirement of this Scheme that the subdivision and development of land within a

Residential Development zone or the Industrial as shown on the Scheme Map takes place

only after comprehensive planning in accordance with the objectives for that zone in

Clause 5.6.

3.5.2 The Council, before supporting or approving any proposal for subdivision or

development of any land within the Residential Development zone or the Industrial zone,

shall require the preparation of a Structure Plan for the whole of the area or for any

particular part or parts as considered appropriate by the Council.

3.5.3 The Structure Plan shall address-

a) The topography of the area;

b) Existing road system;

c) Location and standards of any future roads and overall access pattems, including

pedestrian and cycle networks;

d) Location of shopping, community amenities and recreation areas consistent with

the projected needs of the locality;

e) Proposed population where appropriate;

f) Residential densities (R codes) (if applicable );

g) Existing and proposed services;

h) Staging of the development;

i) Geo-technical suitability;

j) Availability of ground water where appropriate (ie. For rural residential);

k) Drainage issues;

I) Aboriginal heritage issues;

m) Environmental considerations including flora and fauna impacts, pollution,

groundwater quality, and any other environmental issues identified by the council;

and

n) Any other information as shall be requested by the Council.

3.5.4 Upon submission of a structure plan Council shall thereafter follow the advertising

procedures outlined in Clause 9.2.3 except that the submission period shall be extended

to 60 days.

3.5.5 Upon the close of submission period referred to in Clause 5.13.4 the Council shall

consider any submissions made, resolve to modify the plan as it sees fit, adopt the plan

as the basis for future subdivisional development of the area and refer the structure plan

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to the WA Planning Commission within 60 days with a request that the Commission

endorse the plan as the basis for the future subdivision and development of the subject

area.

3.5.6 Upon receipt of the Commission's endorsement, Council shall adopt the plan including

any modifications determined necessary by the Commission as the basis for future

subdivision and development of the locality to which the structure plan applies.

3.5.7 Any decisions or conditions made or imposed by Council and/or WA Planning

Commission constitutes an exercise of discretion and therefore enables an appeal to be

exercised as outlined in Clause 10.5 of this scheme.

3.6 OPERATION OF SPECIAL CONTROL AREAS

3.6.1 The following special control areas are shown on the Scheme Maps

Water Protection Areas

6.1.2 In respect of a special control area shown on a Scheme Map, the provisions applying to

the special control area apply in addition to the provisions applying to any underlying

zone or reserve and any general provisions of the Scheme.

3.6.3 Proposals for development within the Water Protection Areas will be referred to the

Department of Water for consideration prior to determination by the Council.

PART IV - NON CONFORMING USES

4.1 NON-CONFORMING USE RIGHTS

No provision of the Scheme shall prevent:

(a) the continued use of any land or building for the purpose for which it was being

lawfully used at the time of coming into force of the Scheme:

or

(b) the carrying out of any development thereon for which, immediately prior to that

time, a permit or permits, lawfully required to authorise the development to be

carried out, were duly obtained and are current.

4.2 EXTENSION OF NON-CONFORMING USE

A person shall not alter or extend a non-conforming use or erect alter or extend a

building used in conjunction with a non-conforming use without first having applied for

and obtained the Planning Consent of the Council under the Scheme and unless in

conformity with any other provisions and requirements contained in the Scheme.

4.3 CHANGE OF NON-CONFORMING USE

Notwithstanding anything contained in the Zoning Table the Council may grant its

Planning Consent to the change of use of any land from a nonconforming use to another

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use if the proposed use is, in the opinion of the Council, less detrimental to the amenity

of the locality than the nonconforming use and is, in the opinion of the Council, closer to

the intended uses of the zone or reserve.

4.4 DISCONTINUANCE OF NON-CONFORMING USE

4.4.1 When a non-conforming use of any land or building has been discontinued for a period

of six months or more such land or building shall not thereafter be used otherwise than in

conformity with the provisions of the Scheme.

4.4.2 The Council may effect the discontinuance of a non-conforming use by the purchase of

the affected property, or by the payment of compensation to the owner or the occupier or

to both the owner and the occupier of that property, and may enter into an agreement

with the owner for that purpose.

4.5 DESTRUCTION OF BUILDINGS

If any building is, at the gazettal date, being used for a non-conforming use, and is

subsequently destroyed or damaged to an extent of 75 percent or more of its value the

land on which the building is built shall not thereafter be used otherwise than in

conformity with the Scheme, and the buildings shall not be repaired or rebuilt, altered or

added to for the purpose of being used for a non-conforming use or in a manner or

position not permitted by the Scheme.

PART V - DEVELOPMENT REQUIREMENTS AND POLICIES

5.1 DEVELOPMENT OF LAND

5.1 .1 Subject to Clause 5.1.2 a person shall not commence or carry out development of land

zoned or reserved under the Scheme without first having applied for and obtained the

Planning Consent of the Council under the Scheme.

5.1.2 The Planning Consent of the Council is not required for the following development of

land:

a) the use of land in a Reserve, where such land is held by the Council or vested in a

public authority:

(i) for the purpose for which the land reserved under the Scheme;

or

(ii) in the case of land vested in a public authority, for any purpose for which

such land may be lawfully used by that authority.

(b) the carrying out of any works on, in, over or under a street or road by a public

authority acting pursuant to the provisions of any Act;

c) the carrying out of any works for the maintenance, improvement or other alteration

of any building, being works which affect only the interior of the building or which

do not materially affect the external appearance of the building;

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d) the carrying out of works urgently necessary in the public safety or for the safety or

security of plant or equipment or for the maintenance of essential services.

e) the erection of a boundary fence except as otherwise required by the Scheme.

f) the erection on a lot of a single house, including the ancillary outbuildings and

swimming pools, in a zone where the proposed use is designated with the symbol

'P' in the cross-reference to that zone in the zoning table, except where the proposal

requires the exercise of a discretion by the local government under the Scheme to

vary the provisions of the Residential Design Codes;

5.2 LAND SUBJECT TO INUNDATION

A building, except with the approval of Council, shall not be constructed upon any land

within an area shown on the Policy Map as being liable to flooding. On approving any

building within the Scheme Area , the Council may set minimum levels for any floor or

appurtenant area of the building.

5.3 DISCRETION TO MODIFY DEVELOPMENT STANDARDS

5.3.1 If a development, other than a residential development, the subject of an Application for

Planning Consent, does not comply with a standard or requirement prescribed by the

Scheme with respect to that development the Council may, notwithstanding that

non-compliance, approve the application unconditionally or subject to such conditions as

the Council thinks fit. The power conferred by this Clause may only be exercised if the

Council is satisfied that:

a) approval of the proposed development would be consistent with the orderly and

proper planning of the locality and preservation of the amenities of the locality;

b) the non-compliance will not have any adverse effect upon the occupiers or users of

the development or the inhabitants of the locality or upon the likely future

development of the locality;

and

c) the spirit and purpose of the requirement or standard will not be unreasonably

departed from thereby.

5.3.2 In considering an application for planning approval under clause 5.3.1, where, in the

opinion of the local government, the variation is likely to affect any owners or occupiers

in the general locality or adjoining the site which is the subject of consideration for the

variation, the local government may -

(a) consult the affected parties by following one or more of the provisions for

advertising uses under clause 9.2; and

(b) have regard to any expressed views prior to making its determination to grant the

variation.

5.4 RESIDENTIAL DEVELOPMENT: RESIDENTIAL DESIGN CODES

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5.4.1 For the purpose of the Scheme ‘Residential Design Codes’ means the Residential Design

Codes set out in State Planning Policy 3.1 - Residential Design Codes, together with any

amendments thereto.

5.4.2 A copy of the Residential Design Codes, as amended, shall be kept and made available

for public inspection at the offices of the Council.

5.4.3 In the event of there being any inconsistency between the Residential Design Codes

identified by Clauses 5.4.1 and the Scheme , the Scheme shall prevail.

5.4.4 Unless otherwise provided for in the Scheme the development of land for any of the

residential purposes dealt with by the Residential Design Codes shall conform to the

provision of those Codes.

5.4.5 The Residential Coding of land shall be in accordance with that shown on the Scheme

Map (as bordered).

5.4.6 Where a site has a dual coding, Council may approve residential development at a

density exceeding that of the base Code density if it is connected to a reticulated

sewerage system and generally consistent with the design criteria in Council Policy

relating to design of higher density residential uses.

5.5 RESIDENTIAL PLANNING CODES: VARIATIONS AND EXCLUSIONS

5.5.1 Council may permit Aged Persons Housing in accordance with the R30 Code;

5.5.2 Any Application for Planning Consent of any residential building other than a single

dwelling shall be accompanied by a plan showing the proposed landscaping on the site.

The landscape plan shall show:

a) the location and general nature of planted areas,

b) the location and nature of materials to be used on non-planted areas.

c) the location and size of any outbuildings or other minor proposed structures.

The applicant shall commence the implementation of the approved landscape plan within

six calendar months of the completion of all other approved works and shall complete

the works no later than six calendar months following approval to occupy any building.

5.6 RESIDENTIAL ZONE

5.6.1 Objectives

The Council's objectives are:

a) for the allocation and density coding of the Residential zone throughout the Scheme

Area is designed to provide for the development of the Scheme Area in such a way

as will :

i) provide sufficient land in appropriate locations for residential development to

meet the needs of the Scheme Area's anticipated growth and population

without unduly restricting the choice of sites;

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ii) promote and safeguard health, safety, convenience, the general public

welfare and the amenity of the residential areas.

b) Notwithstanding that a proposed development conforms in all other respects with the

requirements of the Scheme, Council may at its discretion refuse to grant approval if

in its opinion such development would by its siting or construction result in significant

deterioration of the amenity or landscape quality of the town.

5.7 TOWN CENTRE ZONE

5.7.1 OBJECTIVES

The Council's objectives for controlling development within the Town Centre Zone are:

a) to zone adequate land for the continued development of a main commercial and

community facility centre for the town;

b) to apply appropriate development and land use controls to ensure the

development is to a satisfactory standard.

5.7.2 Upper Floors

Where the ground floor of a two-storey building is used for the purpose of commerce, the

upper floors of such building may be used for such purposes as may be permitted by

Council and may include shops, offices or residential development.

Residential uses in such circumstances are to be confined to the upper storey only.

5.7.3 Site Coverage

The site coverage of up to 100% may be permitted subject to the satisfaction of the

Council on matters relating to access, car parking, rear access and loading docks,

stormwater drainage and any other matters the Council shall consider relevant.

5.7.4 Loading and Unloading

Where areas for the loading and unloading of vehicles carrying goods and commodities

to and from the premises are to be provided they shall be constructed and maintained in

accordance with an approved plan relating thereto.

5.7.5 Residential Accommodation

Residential accommodation within the Town Centre Zone shall conform with the

standards prescribed for the Residential Zone and the provisions of the R 50 Code of the

Residential Design Codes.

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5.8 INDUSTRIAL ZONE

5.8.l Objective

The Council's objective is to contain industrial uses and development in a specific area for the

purpose of a mixture of service trades and small general industrial uses where there is the

maximum benefit and access by the public and the minimum detrimental effect to the

residential areas and the town centre precinct.


5.8.2 DEVELOPMENT STANDARDS

Development and site requirements shall be in accordance the following:

a) the provisions contained in Table 2;

TABLE 2 - INDUSTRIAL ZONE

Zone Min. Lot Area Effective

Frontage

Building Setbacks Maximum Site Coverage

Front Rear

Industry 2000m2

15m 9m 7.5m 75%


i) be a minimum of 5 metres on any one side to permit access to the rear of

the lot; and

ii) on any other side, a minimum of 1.2 metres on any other side; or

depending upon the building height and materials as prescribed in the

Building Code of Australia; or zero in the case of a parapet wall with a

satisfactory fire rating in accordance with the Building Code of Australia.

c) Factory Unit Development

The development of factory tenement buildings, for the purpose of providing

multiple factory units in one lot, shall not be permitted unless the following

requirements are complied with:

i) no factory unit shall have a floor area of less than 100m2.

ii) each factory unit shall have a service yard appurtenant to it which shall be a

minimum of 50 % of the unit floor area.

iii) access to the office attached to the factory unit and the major access to the

unit itself shall not be through the service yard.

iv) off street parking may be provided as an overall area on site and shall

provide for all employees with a minimum staff parking requirement of four

bays per unit. Customer parking shall be provided as an additional figure of

one bay per unit.

v) all facades to be of masonry construction or other material approved by

Council.

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5.8.3 Residential Uses in Industrial Zone

Council may permit the development and occupancy of a single house upon a lot for the

purposes of caretaker's residence for security and management providing the occupants

of that residential unit are directly related to the operations of the predominant permitted

use.


Where a building is approved upon a lot and is set back from the front boundary of that

lot Council shall require the provision of landscape treatment between the frontage of

any building and the front boundary. Such landscape treatment may include a car

parking area. Implementation of an approved landscaped plan shall occur within six

calendar months of;

a) the completion of any other approved works,

or


development.

5.8.5 Storage of Materials

No dumping, storage of waste or materials, or construction, servicing or maintenance

shall be carried out between the from building line, unless approved by Council, and the

street frontage but shall not prohibit the display of finished goods or goods for sale or

ready for delivery.

5.8.6 Loading and Unloading

Areas for loading and unloading of vehicles, particularly road trains, carrying goods and

commodities to or from premises shall be provided and maintained in accordance with

the approved plan relating thereto.

5.8.7 Vehicle Wrecking

The wrecking or storage of wrecked vehicles or parts thereof shall not be permitted in

front of the building setback as prescribed in Table 2.

5.8.8 Buildings No building in the Industrial Zone shall:

a) exceed two storeys in height, without the consent of the Civil Aviation

Authority,

and

b) have a highly reflective roofing material.

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5.9 SPECIAL RURAL ZONE

The Council's objective for this Zone is to retain the predominant rural/residential

character of the precinct and to deter any use which may detract from the quiet living

environment. Due to the location of this zone within a water supply area, land uses that

generate greater volumes of waste than residential land uses are discouraged.

Land use and development may only be permitted in accordance with the provisions of

Appendix No. 2.

5.10 RURAL PASTORAL ZONE

Objectives

The Council's objectives for this Zone are:

a) to maintain the rural character of the land;

b) to prohibit the use of any land which may be incompatible to the existing uses or

which may adversely affect the expansion of the urban area;

c) to prohibit the erection of any structure other than a fence on the land subject to

inundation.

5.11 SPECIAL SITE ZONE

5.11.1 Objectives

The Council's objectives for this Zone are to:

a) encourage development to a high standard appropriate to the use of the land within

the zone;

and

b) protect the amenity of the adjoining areas.

5.11.2 Special Sites Schedule

The Special Sites Schedule in Appendix No 3 shall be in accordance with the Scheme

Maps.

5.11 .3 Application of Development Standards

Land within the Special Sites Zone may be used for the purposes specified on the Scheme

Map and the schedule in Appendix No 3 as applicable to that site and for no other

purpose except for a use that Council deems is incidental to the predominant use.

Council shall apply such development standards to a proposal as it thinks fit providing

such standards are not less than pertaining to similar uses permitted under the Scheme.

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5.12 RESIDENTIAL DEVELOPMENT ZONE

5.12.1 Objectives

a) To identify opportunities for future subdivision and development of land for the

purposes of single and group residential purposes together with , if determined

necessary by Council, associated community and recreational facilities.

b) To ensure that subdivision and development of land within the zone is consistent with

a structure plan adopted by Council and endorsed by the Western Australian

Planning Commission prepared in accordance with Clause 3.5 of this Scheme.

5.13 Note: Section deleted

5.14 TOURIST ZONE

5.14.1 Objective

a) To encourage tourist accommodation and activity in areas adjacent to attractive

natural and man-made features.

b) To encourage tourist uses on land adjacent to the existing town centre and forming

the approach to the town centre of Halls Creek.

c) To encourage a high standard of aesthetic quality, landscaping and presentation.


a) Development in the zone is to be consistent with an Outline Development Plan

endorsed by Council;

b) Council may approve the use of a tourist site in the Tourist Zone for permanent

residential purposes to a maximum of 35% of the number of units, rooms or

caravans/cabins approved for the site;

c) The Outline Development Plan shall include a Landscaping Strategy

5.15 MIXED USE ZONE

5.15.1 Objectives

a) to provide for a mix of land uses including showroom, service trade centres,

commercial (excluding a shop), some residential, and some light and service

industries,

b) to achieve and maintain a high standard of presentation to all streets, and

particularly to Duncan Highway.

c) to ensure light industrial uses are located so as to avoid land use conflicts with other

adjoining uses.

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d) to permit the establishment of a caretakers dwelling if such dwelling is considered

necessary by Council for operational and security purposes of the business already

established on-site.

5.15.2 Residential Use in the Mixed Use Zone

Council may approve the use of Grouped Dwellings only in the Mixed Use zone, to a

density of R20.


a) Development and site requirements shall be in accordance with the following

provisions;

TABLE 3 - MIXED USE ZONE

Zone Min. Lot Area Effective Frontage Building Setbacks Maximum Site Coverage

Front Rear

Mixed Use 2000m2 15m 9m 7.5m 75%


i) be a minimum of 5 metres on any one side to permit access to the rear of the lot;

and

ii) on any other side, a minimum of 1.2 metres on any other side; or depending upon

the building height and materials as prescribed in the Building Code of Australia; or

zero in the case of a parapet wall with a satisfactory fire rating in accordance with

the Building Code of Australia.

c) Minimum building setbacks shall be:

i) in accordance with R Code R20 for residential development.

ii) for non-residential development the front setback shall be 9 metres; and

iii) the rear and side setbacks shall be as determined by the Council in accordance

with the Building Code of Australia.

d) Development shall not exceed 2 storeys in height except where the Council

considers that particular circumstances may warrant an exception being made and

provided the Council’s objectives are not compromised.

e) In considering an application for planning approval for a proposed development

(including additions and alterations to existing development) the Council shall have

regard to the provisions of the Scheme and the following:

i) building size, height, bulk, roof pitch;

ii) setback and location of the building on its lot;

iii) function of the building;

iv) relationship to surrounding development; and

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v) other characteristics considered by the Council to be relevant.


Where a building is approved upon a lot and is set back from the front boundary of that

lot Council shall require the provision of landscape treatment between the frontage of

any building and the front boundary. Such landscape treatment may include a car

parking area. Implementation of an approved landscaped plan shall occur within six

calendar months of:

a) the completion of any other approved works; or


development.

5.16 SETTLEMENT ZONE

5.16.1 Objective

The Council’s objective for this Zone is to improve the general health, safety and amenity

of Aboriginal communities by supporting the preparation, endorsement and

implementation of Community Layout Plans.

5.16.2 Preparation and Endorsement of Community Layout Plans

a) Council’s dealings in regard to communities in the Settlement zone shall be in

accordance with Statement of Planning Policy No. 3.2 – Planning for Aboriginal

Communities.

b) Community Layout Plans may be prepared for either the whole or part of any land

within the Settlement Zone. The plans should be prepared in accordance with the

Guidelines for the Preparation of Community Layout Plans for Western Australian

Aboriginal Communities and with any other relevant State or Commonwealth

Government policy.

c) A Community Layout Plan may provide for a mix of land uses which may include

residential, community, administration, rural, and health, and small business

activities for the support and benefit of the community, where these are consistent

with improving the residential amenity in the locality;

d) The Council shall not consider a layout plan, or any modification to an approved

layout plan, unless the affected community has had an opportunity to comment on

the contents of the plan or amendments to an approved plan.

e) The Council shall assess the planning merits of the plan and then resolve to either

approve, refuse or approve with any modification(s) that Council considers

necessary.

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a) Development in the zone is to be consistent with a Community Layout Plan endorsed

by the Community, Council and Western Australian Planning Commission;

b) Where an endorsed Community Layout Plan is not in place, development is to be in

assessed using the best information available, which may include draft Community

Layout Plans, ‘as constructed’ drawings or advice from relevant servicing agencies or

organisations;

c) Essential services and community infrastructure provided in conjunction with

development of land within the zone should be consistent with the adopted

Community Layout Plan.

5.17 RESTRICTIVE COVENANTS

5.17.1 Subject to clause 5.17.2, a restrictive covenant affecting any land in the Scheme area by

which, or the effect of which is that, the number of residential dwellings which may be

constructed on the land is limited or restricted to less than that permitted by the Scheme,

is hereby extinguished or varied to the extent that it is inconsistent with the provisions of

the Residential Planning Codes which apply under the Scheme.

5.17.2 Where clause 5.17.1 operates to extinguish or vary a restrictive covenant the local

government is not to grant planning approval to the development of the land which

would, but for the operation of clause 5.17.1 have been prohibited, unless the

application has been dealt with as an ‘D’ use and has complied with all of the advertising

requirements of Clause 9.2.

PART VI - AMENITY CONTROL

6.1 UNTIDY SITES

To maintain an acceptable standard of amenity the Council may, by written notice as

provided for in Clause 10.3 require the owner, occupier, or lessee of any land to

undertake such works as may be necessary to restore or upgrade the conditions of that

property to a standard commensurate with those generally prevailing in the vicinity.

6.2 VEHICLES, CARAVANS, TRAILERS IN RESIDENTIAL AREAS

Except as hereinafter provided, no person within any lot zoned Residential Zone may

without the written approval of the Council:

a) allow any commercial vehicle or truck to remain or be parked for a period of more

than forty eight hours consecutively;

b) repair, maintain, service or clean a commercial vehicle or truck;

c) keep, park, repair or store any boat, trailer, caravan or any material not specifically

for the immediate use by the occupant in front of the building setback line.

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6.3 TRANSPORTABLE HOMES/STRUCTURES

Council may permit the erection or placement of any transportable structure,

transportable or prefabricated home on a lot providing that the design of the building in

to the satisfaction of the Council and in its opinion does not adversely affect the amenity

of other properties in the vicinity.

6.4 DERELICT VEHICLES

Council shall not permit the storage and/or wrecking of any vehicle on any street verge

or on any lot between the front boundary and the front setback line within any Zone.

6.5 HOME OCCUPATIONS/COTTAGE INDUSTRIES

6.5.1 Council shall not permit any Home Occupation or Cottage Industry unless:

a) Planning Consent is granted in accordance with Part IX of the Scheme. The Council

may limit the period of validity of a permitted Cottage Industry and shall review the

register from time to time as the Council deems fit;

b) the applicant provides the following information;

i) location of the home occupation/industry;

ii) the area of the floor space to be devoted to the activity;

iii) the times and conditions of the operation;

iv) demonstrate that there is a demand for the goods and services.

6.5.2 Nothing in the Scheme shall prevent the Council from implementing any by-law which it

may amend from time to time to control any home occupation or cottage industry and

where any conflict between those by-laws and this Scheme the by-laws shall prevail.

6.6 OUTBUILDINGS

No outbuilding exceeding 60 m2

in area shall be erected on any lot without the consent

of the Council in accordance with Part IX of the Scheme and;

a) no part of any outbuilding shall be within 0.75 metres of any side or rear

boundary,

or

b) as required under the Residential Planning Codes (as amended), and,

c) any additional setback as required by any servicing authority and,

d) as otherwise stated in any other part of the Scheme.

6.7 REAR ACCESS AND LOADING DOCKS

When considering any application for Planning Consent the Council shall have regard to

and may require the provision of loading docks and/or rear access. In particular, the

Council may impose conditions concerning:

a) the size of loading docks

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b) the means of providing rear access of adequate width and design so as to ensure

that transport vehicles shall be able to proceed in a forward direction.

PART VII - CAR PARKING

7.1 CAR PARKING REQUIREMENTS

Any person shall not develop or use land or erect. use or adapt any building for any

purpose unless car parking spaces of the number specified in Appendix 4 are constructed

and maintained in accordance with the provisions of the Scheme.

Where an application is made for Planning Consent and the purposes for which the land

or building are to be used is not specified in Appendix 4 the Council shall determine the

number of car parking spaces to be provided on the land having regard to the nature of

the proposed development, the number of employees likely to be on the site, the

prevention of the obstruction of roads and streets, and the orderly and proper planning of

the locality and the preservation of its amenity.

7.2 CONDITIONS OF PLANNING CONSENT

When considering an application for Planning Consent the Council shall have regard to,

and may impose conditions on the number and location of the car parking spaces to be

provided. In particular the Council shall have regard to:

a) the means of access to each parking space,

b) the location of the spaces on the site and their affect upon the amenity of the any

adjoining properties,

c) the extent to which the spaces are located within the building setback areas,

d) the location of the spaces other than on the lot if such spaces are to be provided in

conjunction with a public car park,

e) the location of the proposed public footpaths, vehicular crossings, and the effect

on both pedestrian and vehicular traffic movements and safety.

7.3 OFF STREET PARKING

Where public off street parking facilities are located or are proposed to be located in the

near vicinity of land or building being the subject of an application for Planning Consent

the Council may approve such application notwithstanding that the required number of

car parking spaces are not to be provided on site subject to:

a) the Council being satisfied that off street parking facilities are sufficient to cater for

the requirements of the land or buildings,

b) the applicant entering into an agreement with the Council to pay for the cost of

providing and maintaining the required number of car parking spaces as required.

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7.4 SHARED OR COMBINED PARKING

Where the number of car parking spaces proposed to be provided on land or in a

building the subject of an application for Planning Consent is less than the number

required to be provided pursuant to the Scheme, the Council may approve the

application if it can be demonstrated that off street parking facilities in the near vicinity

are available to cater for the requirements of the proposal and that arrangements to the

satisfaction of the Council have been made to enable those facilities to be used for that

purpose.

7.5 STANDARDS

The dimensions of car parking spaces, parking angles, driveway widths and landscaping

detail shall be in accordance with Appendix 4.

The Council may vary any dimension or requirement by up to 10% where obstructions,

site dimensions or topography result in the loss of a car parking space in any run of car

parking spaces. This provision shall not be used to modify landscaping, shade tree or

driveway access requirements.

7.6 LANDSCAPING, CONSTRUCTION AND MAINTENANCE

The owner or occupier of premises on which car parking spaces are provided shall

ensure that the parking area is landscaped with shade trees, the car parking is laid out,

drained and maintained in accordance with the approved plans relating thereto.

7.7 TOWN CENTRE ZONE

In the Town Centre Zone, if the Council is satisfied that adequate constructed car parking

is to be provided in close proximity to a proposed development, notwithstanding the

provisions of Appendix 4 it may accept a cash payment in lieu of the provision of and

maintenance of car parking spaces but subject to the following requirements

a) a cash-in-lieu payment shall not be less than the estimated cost to the owner of

providing and constructing the parking spaces required by the Scheme, plus the

value, as estimated by the Valuer General of Western Australia, of that area of land

which would have been occupied by the parking spaces;

b) before the Council agrees to accept a cash payment in-lieu parking spaces, the

Council must have already provided a public car park nearby, or must have firm

proposals for providing a public car park within a period of not more than eighteen

months from the time of agreeing to accept the cash payment:

c) payments made under this Clause shall be paid into a special fund to be used to

provide public car parks in the near vicinity.

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PART VII - CONTROL OF ADVERTISEMENTS

8.1 POWER TO CONTROL ADVERTISEMENTS

8.1.1 For the purpose of this Scheme, the erection, placement and display of advertisements

and the use of land or buildings for that purpose is development within the definition of

the Act requiring, except as otherwise provided, the prior approval of the Council. Such

Planning Consent is required in addition to any licence pursuant to Council's Signs and

Hoarding and Bill Posting Bylaws.

8.1.2 Applications for Council's Consent to this Part shall be submitted in accordance with the

provisions of Part IX of the Scheme and shall be accompanied by a completed planning

application form as set out in Appendix 5 giving details of the advertisement(s) to be

erected, placed or displayed on the land.

8.2 EXISTING ADVERTISEMENTS

Advertisements which:

a) were lawfully erected, placed or displayed prior to the approval of this Scheme,

or

b) may be erected, placed or displayed pursuant to a licence or other approval

granted by the Council prior to the approval of this Scheme, hereinafter in this Part

referred to as 'existing advertisements', may, except as otherwise provided, continue

to be displayed or be erected and displayed in accordance with the licence or

approval as appropriate.

8.3 CONSIDERATION OF APPLICATION

Without limiting the generality of the matters which may be taken into account when

making a decision upon an application for consent to erect, place or display an

advertisement. Council shall examine each such application in the light of the objectives

of the Scheme and with particular reference to the character and amenity of the locality

within which it is to be displayed including its historic or landscape significance and traffic

safety, and the amenity of adjacent areas which may be affected.

8.5 DISCONTINUANCE

Notwithstanding the Scheme objectives and Clause 8.2, where the Council can

demonstrate exceptional circumstances which cause an exempted or existing

advertisement to seriously conflict with the objectives of this Part, it may by notice in

writing (giving clear reasons) require the advertiser to remove , relocate , adapt or

otherwise modify the advertisement within a period of time specified in the notice.

8.6 DERELICT OR POORLY MAINTAINED SIGNS

Where, in the opinion of the Council, an advertisement has been permitted to deteriorate

to a point where it conflicts with the objectives of the Scheme or it ceases to be effective

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for the purpose for which it was erected or displayed, Council may by notice in writing

require the advertiser to:

a) repair, repaint or otherwise restore the advertisement to a standard specified by

Council in the notice, or

b) remove the advertisement.

8.7 NOTICES

8.7.1 The advertiser' shall be interpreted as anyone or any group comprised of the owner,

occupier, license.

8.7.2 Any notice served in exceptional circumstances pursuant to Clause 8.5 or pursuant to

Clause 8.6 shall be served upon the advertiser and shall specify:

i) the advertisement(s) the subject of the notice,

ii) full details of the action or alternative courses of action to be taken by the

advertiser to comply with the notice,

iii) the period, not being less than 60 days, within which the action specified shall be

completed by the advertiser.

8.7.3 Any person upon whom a notice is served pursuant to this Part may, within a period of 60

days from the date of the notice, appeal to the Hon. Minister for Planning or the Town

Planning Appeal Tribunal in accordance with Part V of the Act, and where any such

appeal is lodged the effect of the notice shall be suspended until the decision to uphold ,

quash or vary the notice is known and shall thereafter have effect according to that

decision.

8.8 SCHEME TO PREVAIL

Where the provisions of this Part are found to be at variance with the provisions of the

Council's Signs, Hoarding and Bill Posting Bylaws, the provisions of the Scheme shall

prevail.

8.9 ENFORCEMENT AND PENALTIES

The offences and penalties provisions specified in Clause 10.2 of the Scheme apply to

the advertiser in this part.

PART IX - PLANNING CONSENT

9.1 APPLICATION FOR PLANNING CONSENT

9.1.1 Every application for Planning Consent shall be made in the form prescribed in Appendix

5 to the Scheme or other such form that Council may adopt from time to time and shall

be accompanied by such plans and other information as is required by the Scheme.

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9.1.2 Unless Council waives any particular requirement every application for Planning Consent

shall be accompanied by:

(a) A plan or plans to a scale of not less than 1 :500 showing:

(i) street names, lot number(s), north point and the dimensions of the site;

(ii) the location and proposed use of any existing buildings to be retained and

the location and use of buildings proposed to be erected on the site;

(iii) the existing and proposed means of access for pedestrians and vehicles to

and from the site;

(iv) the location, number, dimensions and layout of all car parking spaces

intended to be provided;

(v) the location and dimensions of any area proposed to be provided for the

loading and unloading of vehicles carrying goods of commodities to and

from the site and the means of access to and from those areas;

(vi) the location, dimensions and design of any landscaped, open storage or

trade display area and particulars of the manner in which it is proposed to

develop the same;

(vii) the location of any underground services.

(viii) the location and design of all mechanisms of stormwater disposal and

dispersal.

b) plans, elevations and sections of any building proposed to be erected or altered

and of any building it is intended to retain;

c) any other plan or information that the Council may reasonably require to enable

the application to be determined, including an adequate description of the

development, land use and processes to enable proper consideration of the

application by Council.

9.2 ADVERTISING OF APPLICATIONS

9.2.1 Where an application is made for Planning Consent to commence or carry out

development which involved an 'SA' use the Council shall not grant consent to that

application unless notice of the application is first given in accordance with the provisions

of this Clause.

9.2.2 Where an application is made for Planning Consent to commence or carry out

development which involves an 'D' use, or for any other development which requires the

Planning Consent of the Council, the Council may give notice of the application in

accordance with the provisions of this clause.

9.2.3 Where the Council is required or decides to give notice of an application for Planning

Consent the Council shall cause one or more of the following to be carried out:

(a) notice of the proposed development to be served on the owners and occupiers of

land within an area determined by the Council as likely to be affected by the

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granting of Planning Consent stating that submissions may be made to the Council

within twenty-one days of the service of such notice;

(b) notice of the proposed development to be published in a newspaper circulating in

the Scheme Area stating that submissions may be made to the Council within twenty

one days from the publication thereof;

(c) a sign or signs displaying notice of the proposed development to be erected in a

conspicuous position on the land for a period of twenty-one days from the date of

publication of the notice referred to in paragraph (b) of this clause.

9.2.4 The notice referred to in Clause 9.2.3 (a) and (b) shall be in the form contained in

Appendix 6 with such modifications as circumstances require.

9.2.5 After expiration of twenty-one days from the serving of notice of the proposed

development, the publication of notice or the erection of a sign or signs, whichever is the

later, the Council shall consider and determine the application.

9.3 DETERMINATION OF APPLICATIONS

9.3.1 In determining an application for Planning Consent the Council may consult with any

authority which, in the circumstances, it thinks appropriate.

9.3.2 The Council having regard to any matter which it is required by the Scheme to consider,

to the purpose for which the land is reserved, zoned or approved for use under the

Scheme, to the purpose for which land in the locality is used, and to the orderly and

proper planning of the locality and the preservation of the amenities of the locality, may

refuse to approve any application for Planning Consent or may grant its approval

unconditionally or subject to such conditions as it thinks fit.

9.3.3 The Council shall issue its decision in respect of an application for Planning Consent in

the form prescribed in Appendix 7 to the Scheme with such modifications as

circumstances require.

9.3.4 Where the Council approved an application for Planning Consent under this Scheme the

Council may limit the time for which that consent remains valid.

9.3.5 Where the local government refuses an application for planning approval the local

government is to give reasons for its refusal.’

9.4 DEEMED REFUSAL

9.4.1 Where the Council has not within sixty days of the receipt by it of an application for

Planning Consent either conveyed its decision to the applicant or given notice of the

application in accordance with Clause 9.2 the application may be deemed to have

refused .

9.4.2 Where the Council has given notice of an application for Planning Consent in

accordance with Clause 9.2 or referred and application to a referral agency and where

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the Council has not within ninety days of receipt by it of the application conveyed its

decision to the applicant, the application may be deemed to have been refused.

9.4.3 Notwithstanding that an application for Planning Consent may be deemed to have been

refused under Clauses 9.4.1 or 9.4.2 the Council may issue a decision in respect of the

application at any time after the expiry of the sixty day or ninety day period specified in

those clauses, as the case may be.

9.5 AMENDING OR REVOKING A PLANNING APPROVAL

The local government may, on written application from the owner of land in respect of

which planning approval has been granted, revoke or amend the planning approval,

prior to the commencement of the use or development subject of the planning approval.

9.6 UNAUTHORISED EXISTING DEVELOPMENTS

9.6.1. The local government may grant planning approval to a use or development already

commenced or carried out regardless of when it was commenced or carried out, if the

development conforms to the provisions of the Scheme.

9.6.2. Development which was unlawfully commenced is not rendered lawful by the occurrence

of any subsequent event except the granting of planning approval, and the continuation

of the development unlawfully commenced is taken to be lawful upon the grant of

planning approval.

9.7 SCOPE OF PLANNING APPROVAL

Planning approval may be granted —

a) for the use or development for which the approval is sought;

b) for that use or development, except for a specified part or aspect of that use or

development; or

c) for a specified part or aspect of that use or development.

9.8 APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS

9.8.1. Where an application is for a development that includes the carrying out of any building

or works, the local government may grant approval subject to matters requiring the

subsequent planning approval of the local government. These matters may include the

siting, design, external appearance of the buildings, means of access, landscaping, and

such other matters as the local government thinks fit.

9.8.2. In respect of an approval requiring subsequent planning approval, the local government

may require such further details as it thinks fit prior to considering the application.

9.8.3. Where the local government has granted approval subject to matters requiring the later

planning approval of the local government, an application for approval of those matters

must be made not later than 2 years after the date of the determination of the first

approval, or such other period as is specified in the approval.

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9.9 MATTERS TO BE CONSIDERED BY LOCAL GOVERNMENT

The local government in considering an application for planning approval is to have due

regard to such of the following matters as are in the opinion of the local government

relevant to the use or development the subject of the application —

a) the requirements of orderly and proper planning including any relevant proposed

new town planning scheme or amendment, or region scheme or amendment,

which has been granted consent for public submissions to be sought;

b) any approved statement of planning policy of the Commission;

c) any approved environmental protection policy under the Environmental Protection

Act 1986;

d) any relevant policy or strategy of the Commission and any relevant policy adopted

by the Government of the State;

e) any Local Planning Policy adopted by the local government under clause 3.4, any

heritage policy statement for a designated heritage area adopted under clause

7.2.2, and any other plan or guideline adopted by the local government under the

Scheme;

f) in the case of land reserved under the Scheme, the ultimate purpose intended for

the reserve;

g) the conservation of any place that has been entered in the Register within the

meaning of the Heritage of Western Australia Act 1990, or which is included in the

Heritage List under clause 7.1, and the effect of the proposal on the character or

appearance of a heritage area;

h) the compatibility of a use or development with its setting;

i) any social issues that have an effect on the amenity of the locality;

j) the cultural significance of any place or area affected by the development;

k) the likely effect of the proposal on the natural environment and any means that are

proposed to protect or to mitigate impacts on the natural environment;

l) whether the land to which the application relates is unsuitable for the proposal by

reason of it being, or being likely to be, subject to flooding, tidal inundation,

subsidence, landslip, bush fire or any other risk;

m) the preservation of the amenity of the locality;

n) the relationship of the proposal 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 proposal;

o) whether the proposed means of access to and egress from the site are adequate

and whether adequate provision has been made for the loading, unloading,

manoeuvring and parking of vehicles;

p) the amount of traffic likely to be generated by the proposal, particularly in relation

to the capacity of the road system in the locality and the probable effect on traffic

flow and safety;

q) whether public transport services are necessary and, if so, whether they are

available and adequate for the proposal;

r) whether public utility services are available and adequate for the proposal;

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s) whether adequate provision has been made for access for pedestrians and cyclists

(including end of trip storage, toilet and shower facilities);

t) whether adequate provision has been made for access by disabled persons;

u) 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;

v) whether the proposal is likely to cause soil erosion or land degradation;

w) the potential loss of any community service or benefit resulting from the planning

approval;

x) any relevant submissions received on the application and the comments or

submissions received from any authority consulted under clause 9.2;

y) the conservation of any place or site that has been entered in the Register within

the meaning of the Aboriginal Heritage Act of Western Australia Act 1972, or the

conservation of any place or site that is known to have any local or state

significance, and consideration of any place or site that is suspected of having

local or state significance, and the effect of the proposal on the character or

significance of a heritage area;

z) any other planning consideration the local government considers relevant.

PART X - ADMINISTRATION

10.1 POWERS OF THE SCHEME

The Council in implementing the Scheme has, in addition to all other powers vested in it,

the following powers:

(a) the Council may enter into an agreement with any owner, occupier or other person

having an interest in land affected by the provisions of the Scheme in respect of any

matters pertaining to the Scheme.

(b) the Council may acquire any land or buildings in the district pursuant to the

provisions of the Scheme or the Act. The Council may deal with or dispose of any

land which it has acquired pursuant to the provisions of the Scheme or the Act in

accordance with Law and for such purpose may make such agreement with other

owners as it considers fit.

(c) an officer of the Council, authorised by the Council for the purpose, may at all

reasonable times enter any building or land for the purpose of ascertaining whether

the provisions of the Scheme are being served.

10.2 OFFENCES

10.2.1 A person shall not erect, alter or add to or commence to erect, alter or add to a building

or use or change the use of any land. building or part of a building for any purpose:

(a) otherwise than in accordance with the provisions of the Scheme;

(b) unless all consents required by the Scheme have been granted and issued;

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(c) unless all conditions imposed upon the granting and issue of any consent required

by the Scheme have been and continue to be complied with ;

(d) unless all standards laid down and all requirements prescribed by the Scheme or

determined by the Council pursuant to the Scheme with respect to that building or

that use of that land or building of that part have been and continue to be

complied with.

10.2.2 A person who fails to comply with any of the provisions of the Scheme is guilty of an

offence and without prejudice to any other remedy given herein is liable to the penalties

prescribed by the Act.

10.3 NOTICES

10.3.1 Sixty (60) days written notice is hereby prescribed as the notice to be given pursuant to

Section 214(b) of the Act.

10.3.2 The Council may recover expenses under Section 215(2) of the Act in a court of

competent jurisdiction.

10.4 CLAIMS FOR COMPENSATION

Except where otherwise provided in the Scheme or the Act, the time limit for the making

of claims for compensation pursuant to Section 178(b) of the Act is twelve (12) months

after the date of publication of the Scheme in the Government Gazette.

10.5 APPEALS

An applicant aggrieved by a decision of the Council in respect of the exercise of a

discretionary power under the Scheme may appeal in accordance with Part 14 of the Act

and the rules and regulations made pursuant to the Act.

10.6 POWERS OF THE LOCAL GOVERNMENT

10.6.1. The local government in implementing the Scheme has the power to —

(a) enter into an agreement with any owner, occupier or other person having an

interest in land affected by the provisions of the Scheme in respect of any matter

pertaining to the Scheme;

(b) acquire any land or buildings within the Scheme area under the provisions of the

Scheme or the Town Planning Act; and

(c) deal with or dispose of any land which it has acquired under the provisions of the

Scheme or the Town Planning Act in accordance with the law and for such purpose

may make such agreements with other owners as it considers fit.

10.6.2. An employee of the local government authorised by the local government may, at all

reasonable times and with such assistance as may be required, enter any building or land

for the purpose of ascertaining whether the provisions of the Scheme are being observed.

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10.7 DELEGATION OF FUNCTIONS

10.7.1. The local government may, in writing and either generally or as otherwise provided by the

instrument of delegation, delegate to a committee or the CEO, within the meaning of

those expressions under the Local Government Act 1995, the exercise of any of its

powers or the discharge of any of its duties under the Scheme, other than this power of

delegation.

10.7.2. The CEO may delegate to any employee of the local government the exercise of any of

the CEO’s powers or the discharge of any of the CEO’s duties under clause 10.7.1.

10.7.3. The exercise of the power of delegation under clause 10.7.1 requires a decision of an

absolute majority as if the power had been exercised under the Local Government Act

1995.

10.7.4. Sections 5.45 and 5.46 of the Local Government Act 1995 and the regulations referred

to in section 5.46 apply to a delegation made under this clause as if the delegation were

a delegation under Division 4 of Part 5 of that Act.

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APPENDIX 1 - INTERPRETATIONS

Abattoir means land and buildings used for the slaughter of animals for human consumption and the

treatment of carcasses, offal and by-products.

Absolute Majority shall have the same meaning as is given to it in and for the purposes of the Local

Government Act 1995 (as amended).

Act means the Planning and Development Act, 2005 (as amended).

Advertisement means any word, letter, model, sign, placard, board, notice, device or representation,

whether illuminated or not, in the nature of, and employed wholly or partly for the purposes

of, advertisement, announcement or direction, and includes any hoarding or similar structure

used, or adapted for use, for the display of advertisements. The term includes any airborne

device anchored to any land or building and any vehicle or trailer or other similar object

placed or located so as to serve the purpose of advertising.

Agriculture - extensive means premises used for the raising of stock or crops but does not include agriculture -

intensive or animal husbandry-intensive.

Agriculture - Intensive means premises used for trade or commercial purposes, including Outbuildings and

earthworks, associated with the following -

a) The production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts;

b) The establishment and operation of plant or fruit nurseries;

c) The development of land for irrigated fodder production or irrigated pasture

(including turf farms); or

d) Aquaculture.

Agroforestry means land used commercially for tree production and agriculture where trees are planted in

blocks of more than one hectare.

Amenity means all those factors which combine to form the character of an area and include the

present and likely future amenity

Airfield means land and buildings used in connection with the operation of aero planes, including

passenger terminal, office, parking and servicing of aircraft and car parking.

Ancillary

Accommodation

means self-contained living accommodation on the same site as a single house that may be

attached or detached from the single house and occupied by members of the same family as

the occupiers of the main dwelling.

Animal Establishment means premises used for the breeding, boarding, training or caring of animals for

commercial purposes but does not include Animal Husbandry - Intensive or Veterinary

Centre.

Animal Husbandry -

Intensive

means premises used for keeping, rearing or fattening of pigs, Poultry (for either egg or meat

production), rabbits (for either meat or fur production) and other livestock in feedlots.

Aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans and aquatic

plants. It includes the breeding, hatching rearing and cultivation for sale of all aquatic

organisms.

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Battle-Axe Lot means a lot having access to a public road by means of an access strip included in the

Certificate of Title of that lot.

Bed and Breakfast means a dwelling, used by a resident of the dwelling to provide accommodation for persons

away from their normal place of residence on a short-term commercial basis and includes the

provision of breakfast.

Betting Agency means a building operated in accordance with the Totalisator Agency Board Betting Act

1960.

Building shall have the same meaning as is given to it in and for the purposes of the Residential

Design Codes.

Building Codes means the Building Code of Australia as adopted in Western Australia and any associated

regulations.

Building Envelope means an area of land within a lot marked on a plan approved by the responsible authority

within which all buildings and effluent disposal facilities on the lot must be contained.

Camp means any portable shed or hut, tent, tent fly, awning, blind or other portable thing used as

or capable of being used for habitation and includes a vehicle of a prescribed type or in

prescribed circumstances;

Camping Ground means an area of land on which camps, but not caravans, are situated for habitation but

does not include any land prescribed for the purposes of this definition;

Caravan means a vehicle that is fitted or designed for habitation, and unless the contrary intention

appears, includes an annexe;

Caravan Park has the same meaning as in the Caravan Parks and Camping Grounds Act 1995. As above.

Caretakers Dwelling means a dwelling on the same site as a building, operation, or plant, and occupied by a

supervisor of that building, operation or plant.

Car Park means premises used primarily for parking vehicles whether open to the public or not but

does not include any part of a public road used for parking or for a taxi rank, or any

premises in which cars are displayed for sale.

Civic Building means a building designed, used or intended to be used by a Government Department, an

instrumentality of the Crown, or the Council as offices for administrative, recreational or other

like purpose.

Civic Use means premises used by a government department, an instrumentality of the Crown, or the

local government, for administrative, recreational or other purposes

Club premises means premises used by a legally constituted club or association or other body of persons

united by a common interest

Commission means the Western Australian Planning Commission.

Community Service

Depot

means the land and buildings used for the garaging of vehicles and equipment used to

provide a community service such as a fire brigade, ambulance etc.

Consulting Rooms means premises used by no more than 2 health consultants for the investigation or treatment

of human injuries or ailments and for general outpatient care.

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Convenience Store means premises -

a) Used for retail sale of convenience goods commonly sold at supermarkets,

delicatessens or newsagents, or the retail sale of petrol and those convenience goods;

b) Operated during hours which include, by may extend beyond, normal trading hours;

c) Which provide associated parking; and

d) The floor area of which does not exceed 300 square metres net lettable area.

Corrective Institution means premises used to hold and reform persons committed to it by a court, such as a prison

or other type of detention facility.

Cultural Heritage

Significance

has the same meaning as in the Heritage of Western Australia Act 1990.

Day Care Centre means land and buildings used for the daily or occasional care of children in accordance

with the Child Welfare (Care Centres) Regulations, 1968 (as amended).

Development shall have the same meaning given it in and for the purposes of the Act.

Detention Centre means land or buildings used for the confinement or detention in custody of young offenders

against the law with a view to their rehabilitation.

Display Home Centre means a group of two or more dwellings which are intended to be open for public inspection.

District means the Municipal District of the Shire of Hall's Creek.

Drive-in Theatre means land and buildings used to make provision for an audience to view the entertainment

while seated in motor vehicles

Dry cleaning Premises means land and buildings used for the cleaning of garments and other fabrics by chemical

processes

Educational

Establishment

means premises used for the purposes of education and includes a school, tertiary institution,

business college, academy or other educational centre.

Effective Frontage means the width of a lot at the minimum distance from the street alignment at which buildings

may be constructed, and shall be calculated as follows.

a) Where the site boundaries of a lot are parallel to one another, the length of a line

drawn at right angles to such boundaries;

b) Where the side boundaries of a lot are not parallel to one another, the length of a

line drawn parallel to the street frontage and intersecting the side boundaries at the

minimum distance from the street alignment at which buildings may be constructed;

c) Where a lot is of such irregular proportions or on such steep grade that neither of the

foregoing methods can reasonably be applied, such length as determined by the

Council.

Equestrian Centre means land and buildings used for the stabling and exercise of horses and includes facilities

for events of a competitive nature.

Exhibition Centre means premises used for the display, or display and sale, of materials of an artistic, cultural,

scientific, environmental or historical nature, and includes a museum or art gallery.

Factory Unit Building means an industrial building designed used or adapted for use as two or more separately

occupied production or storage areas.

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Family Day Care means premises used to provide family day care within the meaning of the Community

Services (Child Care) Regulations 1988

Fast Food Outlet means premises used for the preparation, sale and serving of food to customers in a form

ready to be eaten without further preparation, primarily off the premises, but does not include

a lunch bar.

Fish Shop means a building where wet fish and similar foods are displayed and offered for sale.

Floor Area has the same meaning as in the Building Code of Australia 1996 published by the Australian

Building Codes Board

Frontage when used in relation to a building that is used for -

a) residential purposes, has the same meaning as in the Residential Planning Codes;

and

b) purposes other than residential purposes, means the road alignment at the front of a

lot and, if a lot abuts 2 or more roads, the one to which the building or proposed

building faces.

Fuel Depot means premises used for the storage and sale in bulk of solid or liquid or gaseous fuel, but

does not include a service station and specifically excludes the sale by retail into a vehicle for

final use of such fuel from the premises.

Funeral Parlour means premises used to prepare and store bodies for burial or cremation.

Garden Centre means land and buildings used for the sale and display of garden products, including garden

ornaments, plants, seeds, domestic garden implements and motorised implements and the

display but not manufacture of pre-fabricated garden buildings.

Gazettal date in relation to a Scheme, means the date on which the Scheme is published in the Gazette

under section 87(3) of the Planning & Development Act

Gross Leasable Area means in relation to a building, the area of all floors capable of being occupied by a tenant

for his exclusive use, which area is measured from the centre lines of joint partitions or walls

and from the outside faces of external walls or the building alignment, including shop fronts,

basements, mezzanines and storage areas.

Health Studio means land and buildings designed and equipped for physical exercise, recreation and

sporting activities including outdoor recreation.

Height height when used in relation to a building that is used for -

a) residential purposes, has the same meaning as in the Residential Planning Codes; or

b) purposes other than residential purposes, means the maximum vertical distance

between the ground level and the finished roof height directly above;

Home Business means a business, service or profession carried out in a dwelling or on land around a

dwelling by an occupier of the dwelling which -

a) does not employ more than 2 people not members of the occupier’s household;

b) will not cause injury to or adversely affect the amenity of the neighbourhood;


d) does not involve the retail sale, display or hire of goods of any nature;

e) in relation to vehicles and parking, does not result in traffic difficulties as a of the

inadequacy of parking or an increase in traffic volumes in the neighbourhood, and

does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare

weight; and

f) does not involve the use of an essential service of greater capacity than normally

required in the zone.

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Home Occupation means an occupation carried out in a dwelling or on land around a dwelling by an occupier

of the dwelling which –

a) does not employ any person not a member of the occupier’s household;

b) will not cause injury to or adversely affect the amenity of the neighbourhood;


d) does not display a sign exceeding 0.2 square metres;

e) does not involve the retail sale, display or hire of goods of any nature;

f) in relation to vehicles and parking, does not result in the requirement for number of

parking facilities than normally required for a single dwelling or an increase in traffic

volume in the neighbourhood, does not involve the presence, use or calling of a

vehicle more than 2 tonnes tare weight, and does not include provision for the

fuelling, repair or maintenance of motor vehicles; and

g) does not involve the use of an essential service of greater capacity than normally

required in the zone.

Hospital means premises in which persons are admitted and lodged for medical treatment or care and

includes a maternity hospital

Hotel means premises providing accommodation the subject of a hotel license under the Liquor

Licensing Act 1988, and may include a betting agency on those premises, but does not

include a tavern or motel

Incidental Use means the use of premises which is ancillary and subordinate to the predominant use.

Industry means premises used for the manufacture, dismantling, processing, assembly, treating,

testing, servicing, maintenance or repairing of goods, products, articles, materials or

substances and includes premises on the same land used for -

a) the storage of goods;

b) the work of administration or accounting;

c) the selling of goods by wholesale or retail; or

d) the provision of amenities for employees, incidental to any of those industrial

operations;

Industry - Cottage means a trade or light industry producing arts and crafts goods which does not fall within the

definition of a home occupation and which -

a) does not cause injury to or adversely affect the amenity of the neighbourhood;

b) where operated in a residential zone, does not employ any person other than a

member of the occupier’s household;

c) is conducted in an out-building which is compatible with the principal uses to which

land in the zone in which it is located may be put;

d) does not occupy an area in excess of 50 square metres; and

e) does not display a sign exceeding 0.2 square metres in area.

Industry - Extractive means an industry which involves the extraction, quarrying or removal of sand, gravel, clay,

hard rock, stone or similar material from the land and includes the treatment and storage of

those materials, or the manufacture of products from those materials on, or adjacent to, the

land from which the materials are extracted, but does not include industry - mining

Industry - General means an industry other than a cottage, extractive, hazardous, light, noxious, rural or service

industry

Industry - Light means an industry -

a) in which the processes carried on, the machinery used, and the goods and

commodities carried to and from the premises do not cause any injury to or

adversely affect the amenity of the locality;

b) the establishment or conduct of which does not, or will not, impose an undue load

on any existing or proposed service for the supply or provision of essential services;

Industry - Mining means land used commercially to extract minerals from the land.

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Industry - Noxious means an industry in which the processes involved constitute an offensive trade within the

meaning of the Health Act, 1911-1979 (as amended), but does not include a fish shop, dry

cleaning premises, marine collectors yard, Laundromat, piggery or poultry farm.

Industry - Rural means -

a) an industry handling, treating, processing or packing rural products; or

b) a workshop servicing plant or equipment used for rural purposes;

Industry - Service means -

a) an industry - light carried out from premises which may have a retail shop front and

from which goods manufactured on the premises may be sold; or

b) premises having a retail shop front and used as a depot for receiving goods to be

serviced.

Kindergarten means land and buildings used as a school for developing the intelligence of young children

by object-lessons, toys, games, singing and similar methods.

Land shall have the same meaning given to it in and for the purposes of, the Act.

Laundromat means a building, open to the public, in which coin-operated or other washing machines,

with or without provision for drying clothes, are available for use.

Liquor Store means a building the subject of a Store Licence granted under the provisions of the Liquor

Act, 1970 (as amended).

Local Planning Strategy Is the strategic plan for land use and development for the future of the Shire. It is endorsed by

the commission under regulation 12b of the Town Planning Regulations 1967 and is

amended on occasion.

Lot shall have the same meaning given to it in and for the purposes of, the Act and "allotment”

has the same meaning.

Lunch Bar means premises or part of premises used for the sale of takeaway food (in a form ready to be

consumed without further preparation) within industrial or commercial areas. AMD 16 GG

2/2/10

Market means premises used for the display and sale of goods from stalls by independent vendors

Medical Centre means premises, other than a hospital, used by one or more health consultant(s) for the

investigation or treatment of human injuries or ailments and for general outpatient care

(including preventative care, diagnosis, medical and surgical treatment, and counselling.

Milk Depot means land and buildings to which milk is delivered for distribution to consumers but in which

milk is not processed or pasteurised.

Motel means premises used to accommodate patrons in a manner similar to a hotel but in which

specific provision is made for the accommodation of patrons with motor vehicles and may

comprise premises licensed under the Liquor Licensing Act 1988.

Motor vehicle, boat or

caravan sales

means premises used to sell or hire motor vehicles, boats or caravans

Motor vehicle repair means premises used for or in connection with —

a) electrical and mechanical repairs, or overhauls, to vehicles; or

b) repairs to tyres, but does not include premises used for recapping or retreading of

tyres, panel beating, spray painting or chassis reshaping.

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Motor Vehicle Wash means premises where the primary use is the washing of motor vehicles.

Motor Vehicle

Wrecking Premises

means land and buildings used for the storage, breaking up or dismantling of motor vehicles

and includes the sale of second-hand motor vehicle accessories and spare parts.

Museum means land and buildings used for storing and exhibiting objects illustrative of antiquities,

natural history, art, nature and curiosities.

Net Lettable Area means the area of all floors within the internal finished surfaces of permanent walls but

excludes the following areas -

a) All stairs, toilets cleaners, cupboards, lift shafts and motor rooms, escalators, tea

rooms, plant rooms and other service areas.

b) Lobbies between lifts facing other lifts servicing the same floor.

c) Areas set aside for the provision of facilities or services to the floor or buildings, and

d) Areas set aside for the provision of facilities or services to the floor or building where

such facilities area not for the exclusive use of occupiers of the floor or building.

Night Club means premises used for -

a) Entertainment with or without eating facilities, and

b) Licensed under the Liquor Licensing Act 1988.

Non-Conforming Use has the same meaning as it has in section 12(2)(a) of the Planning & Development Act.

Nursery means land and buildings used for the propagation, rearing and sale of products associated

with horticultural and garden décor.

Office means premises used for administration, clerical, technical, professional or other like business

activities.

Owner in relation to any land, includes the Crown and every person who jointly or severally whether

at law or in equity -

a) is entitled to the land for an estate in fee simple in possession;

b) is a person to whom the Crown has lawfully contracted to grant the fee simple of that

land;

c) is a lessor or licensee from the Crown; or

d) is entitled to receive or is in receipt of, or if the land were let to a tenant, would be

entitled to receive, the rents and profits from land, whether as beneficial owner,

trustee, mortgagee in possession or otherwise.

Outbuilding refers to a non-habitable structure located in association with, but not necessarily connected

to, a dwelling and is used for the purposes ancillary to the residential use of the property.

Park Home [Caravan

and Camping Act

Definition].

means a vehicle of a prescribed class or description that is fitted or designed for habitation.

Note: A caravan in respect of which a vehicle licence is not required under section 15 of

the Road Traffic Act 1974, because it could not be drawn by another vehicle on a

road due to its size, is a vehicle of a prescribed class or description for the purposes

of the definition of “park home” in section 5(1) of the Act.

Park Home Park has the same meaning as in the Caravan Parks and Camping Grounds Regulations 1997.

Plot Ratio in the case of residential dwellings has the same meaning as in the Residential Design Codes.

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Potable Water means water in which levels of physical, chemical and bacteriological constituents do not

exceed the maximum permissible levels set out in 'International Standards for Drinking

Water-Third Edition, World Health Organisation - 1971.

Private Hotel means land and buildings used for residential purposes the subject of a Limited Hotel Licence

granted under the provisions of the Liquor Act 1970 (as amended).

Private Recreation means land used for parks, gardens, playgrounds, sports arenas, or other grounds for

recreation which are not normally open to the public without charge.

Produce Store means land and buildings wherein fertilisers and grain are displayed and offered for sale

Professional Office means a building used for the purposes of his profession by an accountant, architect, artist,

author, barrister, chiropodist, consular official, dentist, doctor, engineer, masseur, nurse,

physiotherapist, quantity surveyor, solicitor, surveyor, teacher (other than a dancing teacher or

a music teacher), town planner, or value, or a person having an occupation of a similar

nature, and Professional Person has a corresponding interpretation.

Public Amusement means land and buildings used for the amusement or entertainment of the public, with or

without charge.

Public Authority shall have the same meaning given to it in and for the purposes of the Act

Public Mall means any public street or right-of-way designed especially for pedestrians who shall have the

right of way and vehicle access shall be restricted to service vehicles at times specified by the

Council.

Public Recreation means land used for a public park, public gardens, foreshore reserve, playground or other

grounds for recreation which are normally open to the public without charge

Public Utility means any work or undertaking constructed or maintained by a public authority or the

Council as may be required to provide water, sewerage, electricity, gas, drainage,

communications or other similar services.

Place of Worship means premises used for religious activities such as a church, chapel, mosque, synagogue or

temple.

Radio & TV Installation means land and buildings used for the transmission, relay and reception of signals and

pictures, both commercial and domestic, but does not include domestic radio and television

receivers.

Reception Centre means premises used for functions on formal or ceremonial occasions but not for un-hosted

use for general entertainment purposes.

Refuge/Safe House means a building or buildings which are used for the purpose of providing emergency

accommodation for people affected by domestic violence.

Rehabilitation Centre means a building used and designed for use wholly and principally for the purpose of

rehabilitation and includes a sobering up shelter.

Residential building has the same meaning as in the Residential Design Codes.

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Residential Design

Codes

means the Residential Design Codes as per Western Australian Planning Commission State

Planning Policy 3.1, as amended from time to time.

Restaurant means premises where the predominant use is the sale and consumption of food and drinks

on the premises and where seating is provided for patrons, and includes a restaurant licensed

under the Liquor Licensing Act 1988.

Retirement Village means any land or buildings used to accommodate retirees together with ancillary facilities.

Restoration means any work or process on at or in respect of a building structure or place which wholly

or partly brings back the building structure or place to its original condition or which

reinstates its historic or natural character either by rebuilding or repairing its fabric or by

removing accretions or additions.

Restricted Premises means premises used for the sale by retail or wholesale, or the offer for hire, loan or

exchange, or the exhibition, display or delivery of -

a) publications that are classified as restricted under the Censorship Act 1996;

b) materials, compounds, preparations or articles which are used or intended to be used

primarily in or in connection with any form of sexual behaviour or activity.

Rural Pursuit means any premises used for -

a) the rearing or agistment of animals;

b) the stabling, agistment or training of horses;

c) the growing of trees, plants, shrubs or flowers for replanting in domestic, commercial

or industrial gardens; or

d) the sale of produce grown solely on the lot,

but does not include agriculture - extensive or agriculture - intensive;

Salvage Yard means land and buildings used for the storage and sale of materials salvaged from the

erection, demolition, dismantling or renovating of, or fire or flood damage to structures

including (but without limiting the generality of the foregoing) buildings, machinery, vehicles

and boats.

Sawmill means land and buildings where logs or large pieces of timber are sawn but does not include

a joinery works unless logs or large pieces of timber are sawn therein.

Schedule Means a schedule to the Scheme.

Service Station means premises used for -

a) the retail sale of petroleum products, motor vehicle accessories and goods of an

incidental/convenience retail nature; and

b) the carrying out of greasing, tyre repairs and minor

mechanical repairs to motor vehicles,

but does not include premises used for a transport depot, panel beating, spray painting,

major repairs or wrecking;

Setback shall have the same meaning as the Planning and Development Act 2005, as amended.

Shop means premises used to sell goods by retail, hire goods, or provide services of a personal

nature (including a hairdresser or beauty therapist) but does not include a showroom, fast

food outlet or convenience store.

Short Stay

Accommodation

means any land or buildings used for overnight or holiday accommodation of patrons in

self-contained units and/or shared accommodation and may include ancillary facilities. Short

Stay Accommodation includes; dormitory style accommodation, hostel/backpackers, tourist

lodgings and guest house. Excludes hotel, motel, bed and breakfast and other forms of

residential building not listed in this definition.

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Showroom means premises used to display, sell by wholesale or retail, or hire, automotive parts and

accessories, camping equipment, electrical light fittings, equestrian supplies, floor coverings,

furnishings, furniture, household appliances, party supplies, swimming pools or goods of a

bulky nature.

Stables means land and building used for the housing and keeping of horses.

Storage means premises used for the storage of goods, equipment, plant or materials.

Tavern means premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell

liquor for consumption on the premises.

Telecommunications

Infrastructure

means land used to accommodate any part of the infrastructure of a telecommunications

network and includes any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit

or other structure used, or for use in or in connection with, a telecommunications network.

Temporary

Accommodation:

means any habitable building not permanently affixed to the ground and includes any

caravan, transportable dwelling, or any structure used for habitation for the purposes of

accommodation for a period not exceeding six months.

Trade Display means premises used for the display of trade goods and equipment for the purpose of

advertisement.

Transient Workers

Accommodation

dwellings intended for the temporary accommodation of transient workers and may be

designed to allow transition to another use or may be designed as a permanent facility for

transient workers and includes a contractors camp and dongas.

Transport Depot means land and buildings used for the garaging of motor vehicles used or intended to be

used for carrying goods or persons for hire or reward or for any consideration, or for the

transfer of goods or persons from one such motor vehicle to another of such motor vehicles

and includes maintenance, management and repair of the vehicles used, but not of other

vehicles.

Transportable Home means any structure designed for human habitation that is partly or wholly prefabricated at

any place other than on the lot upon which it is to be erected.

Veterinary centre means premises used to diagnose animal diseases or disorders, to surgically or medically

treat animals, or for the prevention of animal diseases or disorders.

Warehouse means premises used to store or display goods and may include sale by wholesale.

Wayside Stall means a building situated on private land which offers for sale to the general public produce

or any commodity which is produced on the land upon which the buildings are located.

Wholesale means the sale of any goods to any person or persons other than the ultimate consumer of

those goods by a person or his trustee, registered as a 'wholesale merchant for Sales Tax

purposes under the provisions of the Sales Tax Assessment Act No. 1 1930, (as amended).

Wine House means land and buildings the subject of a Wine House Licence granted under the provisions

of the Liquor Act 1970, (as amended).

Winery means premises used for the production of viticultural produce and may include sale of the

produce.

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Zone means a portion of the Scheme area shown on the map by distinctive colouring, patterns,

symbols, hatching or edging for the purpose of indicating the restrictions imposed by the

Scheme on the use and development of land, but does not include a reserve or special

control area.

Zoological Gardens means land and buildings for the keeping, breeding or display of fauna and the term includes

Zoo but does not include kennels or keeping, breeding or showing of domestic pets.’

APPENDIX 2 - SPECIAL RURAL ZONE

Specified Area of Locality Special Provisions Referring to

SR1 Lots 14, 22, 23, 25, 27, 29 to 40 , 43, 47

and Reserve 37132

1) Subdivision of lois to be in accordance with the

plan approved by the Commission.

Located on Beckett, Cox and Dehe Streets

and Duncan Road .

2) Building Setbacks

No structure other than a fence shall be

permitted within :

15 metres from front boundary

10 metres from a side boundary

15 metres from a rear boundary

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APPENDIX 3 - SPECIAL SITES SCHEDULE

Lot No Location Purpose

1 Great Northern Highway Service Station/Road House

Undefined Lot McDonald Street Civic and Community Uses

427-428

429

Neighbor Street

Neighbor Street

Aged Persons Housing

Community Purposes

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APPENDIX 4 - CAR PARKING REQUIREMENTS

Use No Car Parking Spaces

Single house/Grouped dwelling/Multiple dwelling As prescribed within the provisions of the Residential Planning

Codes

Shop 1 for every 15 m2 floor area

Office 1 for every 40 m2 floor area

Warehouse/showroom 1 for every 100m2 floor area

Industry 1 for every 100 m2 floor area

Licensed hotel 1 for every bedroom & 1 for every 4m2 of public bar/lounge floor

area

Motel 1 for every bedroom & 1 for every 25m2 gross floor area of service

building

Tavern 1 for every 4 m2 public floor area

Residential building 1 for every bedroom & 1 for every staff member

Restaurant 1 for every 4 persons accommodated

Private club 1 for every 4 persons accommodated

Church 1 for every 4 persons accommodated

Hospital 1 for every 4 beds provided & 1 for every person employed

Medical centre 3 for every consulting room

Motor repair/station service station 2 for every working bay & 1 for each employee

Library/museum 1 for every 35.m2 floor area

Take-away food outlet 1 for every 10m2 floor area

T.A.B. 1 for every 10m2 floor area

Consulting rooms 4 per practitioner

Day care centre/family day care 1 per Staff member plus 1 per 4 patrons

Camping ground/caravan parks 1 per caravan site and 1 per 2 campsites, visitors – 1 per 20 sites,

min of 2

Educational establishment 1 car bay per staff member plus adequate pickup/set down areas

on site

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APPENDIX 5 – APPLICATION FORM FOR PLANNING CONSENT

TOWN PLANNING AND DEVELOPMENT ACT 1928 (AS AMENDED)

SHIRE OF HALL'S CREEK

APPLICATION FORM FOR PLANNING CONSENT

1. Surname of Applicant ............................................ Given Names ............................................................................

Full Address ...........................................................................................................................................................

2. Surname of Landowner (If different from above) ....................................... Given Names .............................................

Address .........................................................................................................................................................................

3. Submitted by ..........................................................................................................................................................

4. Address for Correspondence ...................................................................................................................................

5. Locality of Development ..........................................................................................................................................

6. Title Details of Land ............................................................. ....................................................................................

7. Name of Road Serving Property ...............................................................................................................................

8. State Type of Development ......................................................................................................................................

Nature and size of all buildings proposed

.............................................................................................................................................................................

Materials to be used on External Surface of Buildings

.............................................................................................................................................................................

General Treatment of Open Portions of the Site

.............................................................................................................................................................................

Details of Car Parking and Landscaping Proposals

Approximate Cost of Proposed Development .............................................................................................................

Estimate Time for Construction ..................................................................................................................................

.................................................. ............................................................

Signature of Owner Signature of Applicant or Agent

(Both signatures are required if applicant is not the owner)

Date ........................................... Date ....................................................

NOTE: This form should be completed and forwarded to the Hall's Creek Shire Council together with 2 COPIES of

detailed plans showing complete details of the development including a site plan showing the relationship of the

land to the area generally.

In areas where close development exists, or is in the course of construction, plans shall show the siting of building

and uses on lots immediately adjoining the subject land.

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All applications shall be accompanied by:

(a) a location plan showing the land and the subject of the application and its relationship to surrounding lots and

streets;

and in the case of an application for the erection of new buildings:

(b) a site plan or plans showing:

(i) the position, type and use of all existing buildings and improvements on the land; indicating those to be

removed as part of the proposal;

(ii) the position, type and use of any new buildings and improvements proposed on the land;

(iii) the position of any trees on the site showing those to be removed and those to be retained;

(iv) areas to be landscaped, surfaced for parking or developed for any other purpose within the site;

(v) contours and any earthworks to be undertaken as part of the development;

(vi) the location and description of any buildings, places or objects (vide Section 2.4);

(vii) the method by which stormwater run-off is to be contained on the site or discharged from the site;

or in the case of an application for a change in the use of land and or buildings;

(c) a site plan and, where applicable, floor plan(s) of the existing buildings(s) indicating the uses to be made of the

land and the respective buildings or portions of the building(s).

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APPENDIX 6 - NOTICE OF PUBLIC ADVERTISEMENT OF

DEVELOPMENT PROPOSAL

PLANNING AND DEVELOPMENT ACT 2005 (AS AMENDED)SHIRE OF HALL'S CREEK TOWN PLANNING SCHEME NO

1

NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL

It is HEREBY NOTIFIED for public information and comment that the Council has received an application to develop land

for the purpose description hereunder:

LAND DESCRIPTION

LOT No ....................................... STREET ..............................................................................................

PROPOSAL ...................................................................................................................... .......................

Details of the proposal are available for inspection at the Council Office.

Comments on the proposal may be submitted to the Council in writing on or before the

........................................... day of ...........................................

CHIEF EXECUTIVE OFFICER

DATE

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APPENDIX 7 -DECISION ON APPLICATION FOR PLANNING

CONSENT

PLANNING AND DEVELOPMENT ACT 2005 (AS AMENDED)

SHIRE OF HALL·S CREEK DECISION ON APPLICATION FOR PLANNING CONSENT

The Council or its delegated officer having considered the application dated ... ............................................................

submitted by ............................................................................................ on behalf of ............................................

.............................................................................................................................................................................

.............................................................................................................................................................................

hereby advise that it has decided to :

REFUSE/GRANT APPROVAL: TO COMMENCE DEVELOPMENT TO DISPLAY

AN ADVERTISEMENT

subject to the conditions for the following reasons:

CHIEF EXECUTIVE OFFICER

DATE

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APPENDIX 8 - ADDITIONAL USE

No. DESCRIPTION OF LAND ADDITIONAL USE CONDITIONS

A1 1. Lot 137 Duncan Highway Take Away Food Uses to remain within service

station complex.

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R20

R20

R20/40

R20

R15/40R20R40

R20

R40

R20

R20R20/50

R20

R50

R20

R20

R20R20

R20R20

R25R20 R40

R20R20R20/40

R20

R40

A1

STRETCH ST

LILLY CL

JOHNSTONE AV

SLAT

TERY

AV

GO R DON CT

BARRY PL

MCDONALD ST

DARCY ST

BEDFORD RD

HAZLETT PL

WILKINSON ST

JOHN

FLYNN ST

QUILTY ST

WOODLAND RD

TERONE ST

EGAN ST

KINIVAN ST

HALL ST

MARDIW

AH LO

OP

NEIGHBOR ST


MOUNT AMHURST RD

ROBERTA AV

DUNCAN RD

GREAT NORTHERN HWY

ROBE

RTA

AV

BARR

YP L

SMITH ST SMITH ST

FLINDERS ST

RHATI GAN

ST

MIN Y J AAR

RAW A

Y

MOYLE CR

STAN TREMLETT DR

B RID

GE ST

WELMAN R D

WELMAN RD

CH

R/TV

C

WSD

A

A

A

WSD

C

D

WSD

MO

WSD

WSD

WSD

WSD

SES

SPSAPHCPSCCT

CWP

HCHP

WSD

S

SP

P CWP

SSR

CAC

CPS

CWP

KINIVA

N ST

JINGGUL

ST

EGAN ST

WOODLAND RD

RACEC

OURSE RD

DOWNING ST

DOWN

ING

ST





Settlement

ZONES


Additional Uses

No Zone

R Codes



OVERVIEW





1:10,000

240 0 240120 Meters


¹

Member Practice


C


Priority 1

Priority 2

Priority 3

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BEDFORD RD

COX ST

DEHE

ST

RACEC

OURSE RD

MOUNT AMHURST RD

DUNCAN RD

GREAT NORTHERN HWY

JIRRIRNDI CRMARD

IWAH

LOOP

MARDIWAHL OOP

B ECK

ETT ST

BECKETTST

C WSD

A

SR1 SR1

C

DWSDWSD

WSD

SEE SHEET 2


OVERVIEW





1:25,000

600 0 600300 Meters


¹

Member Practice


C

RT/FSA


Priority 1Priority 2Priority 3





Settlement

ZONES


Additional Uses

R Codes


A1 Take Away Food

No Zone

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9.2 CORPORATE SERVICES MANAGER

Item Number: 9.2.1 Subject: Policy Revision Reporting Officer: Corporate Services Manager –

Sterling Bonython-Romanov



Matter for Consideration: Review and adoption of amendments for the following policies:

ADM 01 Policy Manual ADM 07 Vandalism Reward for Conviction

ADM 08 Complaints Against Third Parties ADM 09 Welcome to Halls Creek Event ADM 12 Advertising – Statutory and General

ADM 13 Shire Logo ADM 14 Well Wishes from Council

ADM 15 Use of Council Chambers ADM 16 Guest Speakers at Meetings of Council ADM 17 Distribution, Release, Binding and Storage of Minutes

ADM 18 Public Question Time ADM 21 Purchase of Goods and Services

ADM 24 Telecommunications and Information Technology – Provision and Usage

ADM 26 Not to Apply for Grants on Behalf of Other Organisations

BLD 07 Compliance and Enforcement BLD 08 Transient Workforce Accommodation and Construction

Camps BLD 09 Building Permit Applications to be Certified BLD 10 Advertising on Shire Land and Related Public Infrastructure

FIN 06 Financial Investments FIN 07 Payments

FIN 08 Rating Administration FIN 09 Variance Levels for Financial Reporting

FIN 11 Write Off of Monies Owed – Sundry Debts and Rates Debts FIN 12 Expense Claims to be Lodged Promptly HLT 01 Smoke Free Places

HLT 02 Applications to Keep More than the Prescribed Number of Dogs and/or Cats

HLT 03 Mobile Food Vending Vehicles and Temporary Food Stalls HLT 04 Refuse Site Operation HLT 05 Rubbish Bins are the Property and Responsibility of the

Property Owner HLT 06 Firearm Storage and Use

HSG 01 Employee Housing IAM 01 Installation and Usage of Livestock Grids IAM 02 Crossovers to Residential Properties

IAM 03 Crossovers to Commercial and Industrial Properties IAM 04 Memorials and Dedications

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MEM 03 Shire of Halls Creek Standing Orders MEM 04 Councillor Attendance at Council Related Events Outside

the Halls Creek District OTH 06 Native Title OTH 07 Annual Christmas Show and Float Parade – Council

Resources OTH 08 Applications for Restricted Area Regulations Pursuant to

s.175 of the Liquor Control Act STF 04 Employee Training STF 05 Provision of Compulsory Corporate Uniforms for Employees

STF 06 Personal Protection Equipment – Outside Employees STF 09 Medical Testing for Prospective and Current Employees

STF 16 Employee Relocation Expenses STF 19 Occupational Safety and Health STF 20 Employment and Aboriginal Employment

STF 21 Common Benefits for Permanent Employees STF 22 Out of District Allowance

STF 23 Study Assistance for Employees STF 24 CEO Performance Reviews STF 26 Anti-Discrimination, Harassment and Workplace Bullying

STF 27 Vehicle Personal Use

Statutory Implications: The Policy Manual must be adopted before the end of June 2014 and

provided to the State Government to comply with their requirements.

Background:

It is a requirement that a policy-by-policy review of all policies be conducted biennially, during each year having an even number.

All the above policies have been extensively reviewed by Management, including the standardisation of formatting, inclusion of common headings

and in some cases amalgamation of two or more policies. Comments: All amended policies are provided as separate attachments

to this report.

ADM 01 Policy Manual Last reviewed 20 March 2008, resolution 2008/33. This policy defines the manner of how policies are stored electronically, made available to the

public, and when they are reviewed. We are required to submit our fully reviewed Policy Manual to the auditors in June 2014.

Previously it was required that the Policy Manual be reviewed biennially (every two years), and the policy has been amended on the

recommendation of the Senior Management Team to be quadrennially on every leap year.

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ADM 07 Vandalism Reward for Conviction Last reviewed 20 September 2012, resolution 2012/149. This policy has

been reviewed and remains unchanged aside from standardising the formatting.

ADM 08 Complaints Against Third Parties Last reviewed 20 September 2012, resolution 2012/152. Changes to this

policy include using the Department of Justice and Attorney General’s terminology in the objectives, and standardising the formatting.

ADM 09 Welcome to Halls Creek Event Last reviewed 20 September 2012, resolution 2012/155. This policy has


ADM 12 Advertising – Statutory and General Last reviewed 18 October 2012, resolution 2012/176. This policy has


ADM 13 Shire Logo Last reviewed 21 March 2013, resolution 2013/13. This policy has been

reviewed and remains unchanged aside from standardising the formatting. ADM 14 Well Wishes from Council

Last reviewed 18 October 2012, resolution 2012/176. This policy has been reviewed and remains unchanged aside from standardising the

formatting.

ADM 15 Use of Council Chambers Last reviewed 18 October 2012, resolution 2012/176. This policy has been reviewed and remains unchanged aside from standardising the

formatting.

ADM 16 Guest Speakers at Meetings of Council Last reviewed 15 November 2012, resolution 2012/185. This policy has been reviewed and remains unchanged aside from standardising the

formatting.

ADM 17 Distribution, Release, Binding and Storage of Minutes Last reviewed 13 December 2012, resolution 2012/195. This policy has been reviewed and remains unchanged aside from standardising the

formatting.

ADM 18 Public Question Time Last reviewed 13 December 2012, resolution 2012/195. This policy has been reviewed and remains unchanged aside from standardising the

formatting.

ADM 21 Purchase of Goods and Services Last reviewed 19 May 2011, resolution 2011/070. When reviewed, it was apparent that the adoption of Council decision 11.4 on 13 December 2012

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had not yet been incorporated. That decision related to the award of minor works contracts under $5,000. The policy has been amended to

reflect the change, as well as standardising the formatting. ADM 24 Telecommunications and Information Technology – Provision and

Usage Last reviewed 19 April 2012, resolution 2012/046. This policy has been

extensively reworked after two instances of excessive personal data access on Council mobile phones that lead to additional charges in excess of $3,600 in one month. The definition of reasonable personal use has

been clarified, and the responsibility of excessive personal use has been transferred to the phone user. This policy was reviewed by Civic Legal to

ensure it can be applied effectively, and their recommendations have been incorporated.

Also, the Council currently provides a landline connection to Council-owned dwellings, and for some employees provides an Internet

connection for work purposes. This policy has been updated to reflect current administration practice for the provision of home telephone and/or Internet.

ADM 26 Not to Apply for Grants on Behalf of Other Organisations

Last reviewed 21 June 2012, resolution 2012/80. This policy has been reviewed and remains unchanged aside from standardising the formatting.

BLD 07 Compliance and Enforcement Last reviewed 20 May 2010, resolution 2010/095. This policy has been

reviewed and remains unchanged aside from standardising the formatting.

BLD 08 Transient Workforce Accommodation and Construction Camps Last reviewed 20 May 2010, resolution 2010/096. This policy has been reviewed and remains unchanged aside from standardising the formatting.

BLD 09 Building Permit Applications to be Certified

Last reviewed 21 June 2012, resolution 2012/90. This policy has been reviewed and remains unchanged aside from standardising the formatting.

BLD 10 Advertising on Council Land and Related Public Infrastructure Last reviewed 21 February 2013, resolution 2013/02. This policy has


FIN 06 Financial Investments Last reviewed 12 December 2013, resolution 2013/107. This policy has


FIN 07 Payments Last reviewed 13 December 2012, resolution 2012/195. This policy has

been reviewed and updated to reflect the change in position titles and delegated authority levels, and to standardise the formatting.

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FIN 08 Rating Administration Last reviewed 21 August 2008, resolution 2008/122. This policy has been

reviewed and remains unchanged aside from standardising the formatting. FIN 09 Variance Level for Financial Reporting

Last reviewed 13 December 2012, resolution 2012/195. This policy has been reviewed and remains unchanged aside from standardising the

formatting. FIN 11 Write Off of Monies Owed – Sundry Debts and Rates Debts

Last reviewed 21 May 2009, resolution 2009/96. This policy has been reviewed and updated to reflect the change in position titles, and to

standardise the formatting. FIN 12 Expense Claims to be Lodged Promptly

Last reviewed 21 July 2011, resolution 2011/103. This policy has been reviewed and remains unchanged aside from standardising the formatting.

HLT 01 Smoke Free Places Last reviewed 18 March 2009, resolution 2009/049. This policy has been


HLT 02 Applications to Keep More than the Prescribed Number of Dogs and/or Cats Last reviewed 18 March 2009, resolution 2009/048. This policy has been


HLT 03 Mobile Food Vending Vehicles and Temporary Food Stalls Last reviewed 18 July 2013, resolution 2013/62. This policy has been

reviewed and remains unchanged aside from standardising the formatting. HLT 04 Refuse Site Operation

Last reviewed 16 February 2011, resolution 2011/002. The policy has been renamed from HLT 04 No Refunds for Pre-Purchased Refuse Site

Vouchers to incorporate other policies relating to the refuse site operation. Policies FIN 13 No Exemptions to Refuse Site Fees and FIN 14 Refund of Refuse Site Vouchers have been incorporated and are to be rescinded

under another report. Aside from this, the only other change is standardising the formatting.

HLT 05 Rubbish Bins are the Property and Responsibility of the Property Owner

Last reviewed 21 June 2012, resolution 2012/84. Originally, the title of this policy was Rubbish Bins are the Property and Responsibility of the

Occupier. However, it has been established that legally the property owner is responsible for the rubbish bin, not the occupier. The arrangement between a property owner and a tenant is a private matter

to which Council does not become involved. As such, the policy has been amended to provide for this.

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HLT 06 Firearms Storage and Use Last reviewed 20 June 2013, resolution 2013/52. This policy has been

reviewed and updated to reflect the change in position titles, and to standardise the formatting.

HSG 01 Employee Housing Last reviewed 21 May 2009, resolution 2009/101. This policy has been

significantly updated to incorporate sections of the Residential Tenancy Act, to provide greater control over tenants at the end of their tenancy, and to give clear definition to the resignation or termination notice being

notice to vacate within a reasonable time frame. Civic Legal have provided their legal opinion, which has been incorporated into the policy.

IAM 01 Installation and Usage of Livestock Grids Last reviewed 20 September 2012, resolution 2012/163. A change has

been made to remove specific monetary references from the policy, as these change from year to year with the adoption of Council budget.

Otherwise the policy remains unchanged aside from standardising the formatting.

IAM 02 Crossovers to Residential Properties Last reviewed 20 September 2012, resolution 2012/164. A change has

been made to remove specific monetary references from the policy, as these change from year to year with the adoption of Council budget. Otherwise the policy remains unchanged aside from standardising the

formatting.

IAM 03 Crossovers to Commercial and Industrial Properties Last reviewed 20 September 2012, resolution 2012/164. A change has

been made to remove specific monetary references from the policy, as these change from year to year with the adoption of Council budget. Otherwise the policy remains unchanged aside from standardising the

formatting.

IAM 04 Memorials and Dedications Last reviewed 21 March 2013, resolution 2013/12. This policy was formerly named TS 02 Memorials and Dedications, however as Technical

Services is no longer a Council department and this policy was the last in that section, it was decided to rename it to bring it under the

Infrastructure Assets Manager department. The policy TS 02 will be rescinded under another report to avoid duplications.

MEM 03 Shire of Halls Creek Standing Orders Last reviewed 20 September 2012, resolution 2012/148. This policy has

been reviewed and a change made to show the implications of non-attendance under section 4. Otherwise, the policy remains unchanged aside from standardising the formatting.

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MEM 04 Councillor Attendance at Council Related Events Outside the Halls Creek District

Last reviewed 13 December 2012, resolution 2012/198. This policy has been reviewed and remains unchanged aside from standardising the formatting.

OTH 06 Native Title

Last reviewed 17 March 2011, resolution 2011/26. This policy has been reviewed and remains unchanged aside from standardising the formatting.

OTH 07 Annual Christmas Show and Float Parade – Council Resources Last reviewed 9 December 2010, resolution 2010/239. This policy has


OTH 08 Applications for Restricted Area Regulations pursuant to s.175 of the Liquor Control Act

Last reviewed 18 July 2013, resolution 2013/62. This policy has been reviewed and remains unchanged aside from standardising the formatting.

STF 04 Employee Training Last reviewed 18 March 2010, resolution 2010/054. This policy has been

reviewed and remains unchanged aside from standardising the formatting. STF 05 Provision of Compulsory Corporate Uniforms for Employees

Last reviewed 16 December 2008, resolution 2008/189. The process used to provide a cash payment to employees for the purchase of corporate

uniform. However, current practice is for employees to order the uniform through Administration Officers, and no actual cash payment is provided.

This improves the fringe benefit implications to the Council and reduces the obligation on the employee.

Under this revised policy, employees can still purchase garments for use as corporate uniform and be reimbursed, with the Administration Officers

arranging for the garment to be embroidered with the official Shire logo as required by the tax office.

STF 06 Personal Protection Equipment – Outside Employees Last reviewed 25 November 2004, resolution 2004/11/11. This policy has


STF 09 Medical Testing for Prospective and Current Employees This is a new policy that incorporates aspects of STF 08 Staff Medical

Examination, which will be rescinded under a separate report. Recent events of employees acting without due consideration to their

Occupational Safety and Health obligations, to the Council’s reputation or to the safety of others has identified a need for a more robust policy

regarding testing for illicit or decision impeding substances in employees who present for work under the influence.

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The policy is not intended to be used as a weapon or threat, rather an investigation tool to satisfy Council’s Occupational Safety and Health

obligations. There is always a danger that such policies may impinge on a person’s civil rights, so legal advice was provided by Civic Legal to ensure Council acts within its authority, and their recommendations incorporated

into the policy.

STF 16 Employee Relocation Expenses Last reviewed 26 April 2007, resolution unknown. For the sake of clarity, the time frame for application of reimbursement has been specified, and

an additional clause incorporated to ensure that employees understand that the removal expenses at the end of employment are excluded. The

only other change is standardising the formatting. STF 19 Occupational Safety and Health

Last reviewed 22 August 2009 by the OSH Committee, but not presented to Council. This policy has been reviewed and remains unchanged aside

from standardising the formatting. STF 20 Employment and Aboriginal Employment

Last reviewed 16 December 2008, resolution 2008/188. Two policies, STF 20 Employment and STF 25 Aboriginal Employment have been combined.

The policy also now contains the definition of the term de facto as listed in Section 4AA of the Family Law Act 1975. Otherwise, the content of both policies remains unchanged aside from standardising the formatting. STF

25 Aboriginal Employment is to be rescinded under another report to ensure no duplication.

STF 21 Common Benefits for Permanent Employees

Last reviewed 21 May 2009, resolution 2009/101. There have been changes to ensure clarity around the fact that only one airfare allowance can be received by an individual during the year between their

anniversary dates. The definition of de facto has been incorporated, and clarity provided around what happens when a married or de facto couple

both work for the Council. Finally, the specific amount of the allowances has been removed so that the CEO can set the amount during the budget process each year.

STF 22 Out of District Allowance

Last reviewed 15 October 2009, resolution 2009/161. This policy has been extended to elected members as well as employees. The policy now provides clarity regarding the method of accommodation and meal

expenses being paid by Council, and now specifically excludes alcohol from the expenses. Otherwise, the policy remains unchanged aside from

standardising the formatting. STF 23 Study Assistance for Employees

Last reviewed 18 February 2010, resolution 2010/024. It should be noted that there have been many differing interpretations of the previous policy,

particularly regarding the entitlement to study leave, the reimbursement of fees and the application process.

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To provide greater clarity, the objectives of the policy have been expanded, and the definitions improved. The entitlement to study or

examination leave has been clearly stated, and the conditions for reimbursement have been clarified. The provision of bonuses for Level B and Level C approved study assistance have been removed, and the

formatting has been standardised.

There are also new forms for the application and review process as attachments to the policy.

STF 24 CEO Performance Reviews Last reviewed 17 November 2011, resolution 2011/184. This policy has


STF 26 Anti-Discrimination, Harassment and Workplace Bullying Last reviewed 23 October 2013 by the OSH Committee, but not presented

to Council. This policy has been reviewed and remains unchanged aside from standardising the formatting.

STF 27 Vehicle Private Use This is a new policy for adoption. The intent is to clarify what is

acceptable private use of Council vehicles outside of work hours, and to highlight the fringe benefit implications to employees who access private use of Council vehicles.

Strategic Implications:

Policies are created to reflect the strategic goals of the Shire of Halls Creek.

Policy Implications: All listed policies will be updated to reflect the amended changes if moved

by Council.

Financial Implications: Nil Officer Recommendation:

That: 1. policy ADM 01 Policy Manual be adopted by Council;

2. policy ADM 07 Vandalism Reward for Conviction be adopted by Council;

3. policy ADM 08 Complaints Against Third Parties be adopted by

Council; 4. policy ADM 09 Welcome to Halls Creek Event be adopted by

Council; 5. policy ADM 12 Advertising – Statutory and General be adopted by

Council;

6. policy ADM 13 Shire Logo be adopted by Council; 7. policy ADM 14 Well Wishes from Council be adopted by Council;

8. policy ADM 15 Use of Council Chambers be adopted by Council; 9. policy ADM 16 Guest Speakers at Meetings of Council be adopted by

Council;

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10. policy ADM 17 Distribution, Release, Binding and Storage of Minutes be adopted by Council;

11. policy ADM 18 Public Question Time be adopted by Council; 12. policy ADM 21 Purchase of Goods and Services be adopted by

Council;

13. policy ADM 24 Telecommunications and Information Technology – Provision and Usage be adopted by Council;

14. policy ADM 26 Not to Apply for Grants on Behalf of Other Organisations be adopted by Council;

15. policy BLD 07 Compliance and Enforcement be adopted by Council;

16. policy BLD 08 Transient Workforce Accommodation and Construction Camps be adopted by Council;

17. policy BLD 09 Building Permit Applications to be Certified be adopted by Council;

18. policy BLD 10 Advertising on Shire Land and Related Public

Infrastructure be adopted by Council; 19. policy FIN 06 Financial Investments be adopted by Council;

20. policy FIN 07 Payments be adopted by Council; 21. policy FIN 08 Rating Administration be adopted by Council; 22. policy FIN 09 Variance Levels for Financial Reporting be adopted by

Council; 23. policy FIN 11 Write Off of Monies Owed – Sundry Debts and Rates

Debts be adopted by Council; 24. policy FIN 12 Expense Claims to be Lodged Promptly be adopted by

Council;

25. policy HLT 01 Smoke Free Places be adopted by Council; 26. policy HLT 02 Applications to Keep More than the Prescribed

Number of Dogs and/or Cats be adopted by Council; 27. policy HLT 03 Mobile Food Vending Vehicles and Temporary Food

Stalls be adopted by Council; 28. policy HLT 04 Refuse Site Operation be adopted by Council; 29. policy HLT 05 Rubbish Bins are the Property and Responsibility of

the Property Owner be adopted by Council; 30. policy HLT 06 Firearm Storage and Use be adopted by Council;

31. policy HSG 01 Employee Housing be adopted by Council; 32. policy IAM 01 Installation and Usage of Livestock Grids be adopted

by Council;

33. policy IAM 02 Crossovers to Residential Properties be adopted by Council;

34. policy IAM 03 Crossovers to Commercial and Industrial Properties be adopted by Council;

35. policy IAM 04 Memorials and Dedications be adopted by Council;

36. policy MEM 03 Shire of Halls Creek Standing Orders be adopted by Council;

37. policy MEM 04 Councillor Attendance at Council Related Events Outside the Halls Creek District be adopted by Council;

38. policy OTH 06 Native Title be adopted by Council;

36. policy OTH 07 Annual Christmas Show and Float Parade – Council Resources be adopted by Council;

37. policy OTH 08 Applications for Restricted Area Regulations Pursuant to s.175 of the Liquor Control Act be adopted by Council;

38. policy STF 04 Employee Training be adopted by Council;

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39. policy STF 05 Provision of Compulsory Corporate Uniforms for Employees be adopted by Council;

40. policy STF 06 Personal Protection Equipment – Outside Employees be adopted by Council;

41. policy STF 09 Medical Testing for Prospective and Current

Employees be adopted by Council; 42. policy STF 16 Employee Relocation Expenses be adopted by

Council; 43. policy STF 19 Occupational Safety and Health be adopted by

Council;

44. policy STF 20 Employment and Aboriginal Employment be adopted by Council;

45. policy STF 21 Common Benefits for Permanent Employees be adopted by Council;

46. policy STF 22 Out of District Allowance be adopted by Council;

47. policy STF 23 Study Assistance for Employees be adopted by Council;

48. policy STF 24 CEO Performance Reviews be adopted by Council; 49. policy STF 26 Anti-Discrimination, Harassment and Workplace

Bullying be adopted by Council;

50. policy STF 27 Vehicle Personal Use be adopted by Council; and 51. these policies as adopted replace all previous policies relating to

their respective subjects adopted by Council. Voting Requirement: Simple Majority

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Item Number: 9.2.2 Subject: Policies and Draft Policies to be

Rescinded Reporting Officer: Corporate Services Manager –

Sterling Bonython-Romanov



Matter for Consideration: Rescinding of numerous draft, outdated or irrelevant policies that are currently located in the Shire’s systems.

It is a requirement that a policy-by-policy review of all policies be

conducted biennially, during each year having an even number. A number of policy numbers were missing from the Policy Manual with no evidence of their being adopted, amended or rescinded. These policy numbers

must be accounted for, and this report will assist with our administration process and satisfy the auditor requirements.

Statutory Implications: Nil

Background: Some years ago when the Shire was considering what policies should be

in place, a former CEO attempted to copy and paste policies from other Zone Shires to create a set for the Shire of Halls Creek.

In doing so, a number of draft policies were created and numbered, but were never presented to Council for adoption. These draft policies are still

in the records system, but are not in operation. There are also a number of policies that have been superseded by new

policies, without any record of the outdated policy being rescinded by Council.

Comments:

In order to clarify the current position of the policy manual for our auditors, the following policies should be recorded as rescinded:

ADM 10 Insurance – Professional Indemnity Use of Disclaimers This policy is not recommended. In all insurance cases, disclaimers are

not as effective as professional legal advice. The Shire uses Civic Legal to provide this, and they work with LGIS to ensure we are protected. A policy such as this may actually cause greater risk.

ADM 11 Media Statements

All speaking on behalf of the Shire is the responsibility of the Shire President, and Council has delegated this responsibility to the Chief Executive Officer. As there are no further delegations to Shire employees

that allow them to make media comments, this policy is irrelevant.

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ADM 19 Workplace and Sexual Harassment With the adoption of policy “STF 26 Anti-Discrimination, Harassment and

Workplace Bullying”, this policy should have been rescinded in October 2013.

ADM 25 Recordkeeping The policy was provided as a guide for how Council records were to be

captured, controlled and retained. However, the administration is now subject to the requirements of the

State Records Commission, in particular with Section 28 of the State Records Act 2000.

The result is that the majority of the policy has been superseded by the requirements of the Act, and Council has in place a Recordkeeping Plan

that is significantly better than the policy.

The current Recordkeeping Plan was adopted on 17 December 2013, and will be reviewed every five years to comply with Section 28 (5) of the Act.

ADM 27 Grant Applications to be Endorsed by Council The policy says that all grant funding applications that fall outside the

Chief Executive Officer’s delegated authority must be submitted to Council. This is a legislated requirement, so the policy serves no purpose other than to repeat what is already mandated by law.

CEM 01 Licencing of Funeral Directors

This is not actually a policy, but a work instruction. A policy should always be a course or principle of action adopted or proposed by an

organisation or individual. As it does not reflect any position or attitude of the Council, it serves no purpose. The content of the policy will continue to operate as a work instruction.

FIN 04

It is believed that this number was reserved for a draft policy, but there is no trace of what that policy might be or the purpose it was drafted for. As a precaution, it is recommended that it be rescinded to avoid any future

issues.

FIN 13 No Exemptions to Refuse Site Fees This policy has been amalgamated into the renamed policy “HLT 04 Refuse Site Operation”. The policy if not rescinded would therefore be

duplicated.

FIN 14 Refund of Refuse Site Vouchers This policy has been amalgamated into the renamed policy “HLT 04 Refuse Site Operation”. The policy if not rescinded would therefore be

duplicated.

OTH 01 Environment Council Recognition The purpose of this policy is unclear. It appears to be policy for the sake of policy so that Council is seen to be environmentally conscious.

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However the Town Planning Scheme and the Strategic Community Plan both cover our environmental aspirations, so the policy serves no

purpose. OTH 02 Litter Control Honorary Inspectors

This was a proposal to accept volunteers to be appointed an honorary role of litter inspector, particularly relating to Welman Road Park. However,

legal opinion from Civic Legal some years ago said it could not proceed, so the idea was never progressed.

OTH 03 Sexual Harassment and Complaints / Grievances As per ADM 19 above, this has been superseded with the adoption of “STF

26 Anti-Discrimination, Harassment and Workplace Bullying”, so as a matter of process needs to be rescinded.

OTH 04 It is believed that this number was reserved for a draft policy, but there is

no trace of what that policy might be or the purpose it was drafted for. As a precaution, it is recommended that it be rescinded to avoid any future issues.

OTH 05 Halls Creek Visitor Centre Membership

In consultation with the Travel and Tourism Manager, it has been determined that this policy no longer reflects the operations of the Centre. With the adoption of electronic booking and Internet purchasing, the

former membership process has been allowed to lapse. As such, the policy no longer serves any purpose.

STF 02 Staff – New and Casual Positions

Employment is a Chief Executive Officer and operational matter, and other policies such as “STF 20 Employment”, as well as the delegated authority to the Chief Executive Officer, cover all aspects of employment.

STF 07 Staff Protection from the Sun for Outdoor Work

This is covered in both “STF 19 Occupational Safety and Health” and “STF 06 Personal Protection Equipment – Outside Employees”, so can be rescinded.

STF 08 Staff Medical Examination

The current employment process mandates a pre-employment medical check, and as policy “STF 09 Medical Testing for Prospective and Current Employees” also covers this, STF 08 can be rescinded.

STF 10 Equal Opportunity

The draft equal opportunity wording is fully covered in “STF 20 Employment” and “STF 26 Anti-Discrimination, Harassment and Workplace Bullying” policies, so this should have been rescinded.

STF 11 Long Service Leave Deferment

The wording of this draft policy suggests that Council is attempting to force the employee to take their long service leave as soon as it becomes available to them, and will negotiate to defer this for up to two years.

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This is in direct contravention to the Award, and could make the Council liable for restitution and compensation. It is unclear if the policy has ever

been adopted, and it has been suggested that in the near future Council will negotiate to allow staff to access their long service leave after 7 years’ service instead of 10 years. As this wording places the Council at risk, it

should be rescinded.

STF 12 Gratuity Payments This policy was originally used in conjunction with “STF 13 – Recognition of Staff on Termination of Services”. The concept was that Council would

not pay a cash bonus to employees leaving the Council, and the policy was adopted whereas STF 13 was not. However, there is no gratuity

payment available under the Award, so this policy does not provide anything other than to repeat the conditions under the Award.

STF 13 Recognition of Staff on Termination of Services This policy was never adopted, but was intended to compliment “STF 12 –

Gratuity Payments”. The intent was to ensure cash bonus gratuities were not provided to employees leaving the Council, but to allow a non-monetary gift of some sort paid out of Council funds. The wording is so

poor that it would have been mandatory for Council to purchase a gift of a specified dollar value for each year of service regardless of the

circumstances of the employee’s departure. As the item appears to have not been adopted by Council, it is strongly recommended that it be rescinded.

STF 15 Requirement for Exit Interview Upon Staff Cessation

The wording of this mandates that all employees must undertake an exit interview for the purpose of having Shire equipment and property

returned, and that operational knowledge is recorded. Past experience demonstrates that employees tend to access personal and sick leave prior to their end date, and so this concept is almost impossible to enforce.

The Council’s property in the employee’s possession is returned as a matter of course, and failure to do so results in the final pay being

withheld until the property is recovered. As there is no record of this policy being adopted, it is recommended that it be rescinded and an alternative included in “STF 20 Employment”.

STF 17

It is believed that this number was reserved for a draft policy, but there is no trace of what that policy might be or the purpose it was drafted for. As a precaution, it is recommended that it be rescinded to avoid any future

issues.

STF 25 Aboriginal Employment This important policy has now been amalgamated into “STF 20 Employment”, and to avoid duplication should be rescinded.

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TS 02 Memorials and Dedications This policy has been renamed as “IAM 04 Memorials and Dedications” to

incorporate it into the Infrastructure Assets Manager department and remove the last of the Technical Services policies, so to avoid duplication it should be rescinded.


Policy Implications: If moved, the listed policies will be removed from the Policy Manual.

Financial Implications: Nil

Officer Recommendation: That the following draft, superseded or duplicated policies be rescinded

with immediate effect:

ADM 10 Insurance – Professional Indemnity Use of Disclaimers ADM 11 Media Statements ADM 19 Workplace and Sexual Harassment

ADM 25 Recordkeeping ADM 27 Grant Applications to be Endorsed by Council

CEM 01 Licencing of Funeral Directors FIN 04 (purpose unknown) FIN 13 No Exemptions to Refuse Site Fees

FIN 14 Refund of Refuse Site Vouchers OTH 01 Environment Council Recognition

OTH 02 Litter Control Honorary Inspectors OTH 03 Sexual Harassment and Complaints / Grievances

OTH 04 (purpose unknown) OTH 05 Halls Creek Visitor Centre Membership STF 02 Staff – New and Casual Positions

STF 07 Staff Protection from the Sun for Outdoor Work STF 08 Staff Medical Examination

STF 10 Equal Opportunity STF 11 Long Service Leave Deferment STF 12 Gratuity Payments

STF 13 Recognition of Staff on Termination of Services STF 15 Requirement for Exit Interview Upon Staff Cessation

STF 17 (purpose unknown) STF 25 Aboriginal Employment TS 02 Memorials and Dedications.


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9.3 YOUTH AND COMMUNITY DEVELOPMENT MANAGER

Item Number: 9.3.1 Subject: Halls Creek Youth Services

Diversionary Program - Update

Reporting Officer: Youth & Community Development Manager - Margaret Glass



To update the Council about the Shire of Halls Creek Youth Service Diversionary Program (YSDP).

Background: As at 31 March 2014, the Shire of Halls Creek YSDP has a total of 151

clients actively engaged in the program.

Female Male Total

10-17 yrs 10-17 yrs HC YDP

Halls Creek 9 34 43

Billiluna 11 23 34 Mulan 23 18 41

Ringer Soak 17 14 31

Total 60 89 149

Female Male Total

18-25 yrs 18-25 yrs HC YDP

Halls Creek 0 1 1 Billiluna 0 0 0

Mulan 0 1 1 Ringer Soak 0 0 0

Total 0 2 2

Halls Creek YSDP – Client Update Below is a general list of the offences committed by the young people

referred to the YSDP in Halls Creek as stated on their referral forms from the referring organisation and children’s court sheet, obtained from the Magistrate;

a. Aggravated assault

b. Aggravated burglary c. Assault on public officer d. Commit offence in dwelling

e. Damaging property f. Disobeyed summons which had been served

g. Driving whilst not being legally entitled to do so h. Operating motor vehicle on public road with blood alcohol

content

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i. Stealing (including motor vehicle) j. Trespassing without lawful excuse

Also, we engage with clients who have not committed any offence but have been referred to our program because they frequently walk the

streets at night and are deemed to be at risk. Furthermore, we have also received several referrals from the Department of Child Protection for

youth on a suicide watch. As at 31 March 2014, 36 young people have been successfully engaged in

community service activities in Halls Creek. Out of the 43, 34 were males and 9 females. Since its inception in November 2013, the YSDP has

engaged several young people in 12 different projects. The various youth development projects, as well as the number of young people who have engaged in each of them, is as follows;

a. The Life Start Project – This project helps young people

through the process of getting established with Centrelink in order to benefit youth allowance paid to eligible clients on a fortnightly basis. The project also helps young people to obtain

some personal identification cards such as a bank debit card and a driver’s licence. So far, 3 young people in Halls Creek have

been successful in this project. All of them were males.

b. The ‘Wat Now” Youth Radio Show – This is a live weekly

youth radio show that airs on Radio PRK 98.1 every Wednesday from 3pm to 4pm. The young people in the Youth Diversion

Program plan the content for the show and help present it during the live broadcast. They help select the songs to be

played and topics to be discussed on air. So far, 20 young people have successfully participated in the radio show. 15 were males and 5 females.

c. The Disc Jockey Training Project – This project aimed to

train young people over a six week period on how to use DJing equipment, after which participants put on a Blue Light Disco for the rest of the community. 8 males in Halls Creek successfully

participated in this project. They are yet to put on the Blue Light Disco event for the community.

d. The Community Work Project – This is a project where young

people in the YSDP provide a free service for the community.

They have helped set up for, and cleaned up after community events such as BBQs, Fun Game Nights, and Outdoor Cinema

Nights. They have also videoed and photographed for free, other community events such as the Halls Creek Christmas parade and the Clontarf footy carnival. So far, 29 young people have

participated successfully in this program. 25 were males and 4 females.

e. The Yarn Night Project - This is a weekly ‘sit down and chat’

project, where young people pick and discuss topical issues.

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These discussions are usually facilitated by youth officers or invited guests from other organisations in town. This project has

been very successful so far and we have had discussions on topics such as youth in crime, negatives of back yard tattooing and personal hygiene techniques. A total of 26 young people

have participated in this project, 19 males and 7 females.

f. The Young Entrepreneurs Project – This is an ongoing project in collaboration with the Many Rivers organisation, where young people are trained and mentored over a 10 week period

to start their own business. So far, this project has resulted in the creation of 2 businesses, The Green Machine, a lawn mowing

service and The Graffiti Busters, a graffiti removal and painting business. 13 young people currently actively participate in the project, 7 males and 6 females.

g. The Work Placement project – This project helps young

people in the youth diversion program who have completed year 12 to find jobs. It also helps young people who want to raise money for a one off task, such as a haircut, find casual work. So

far through this project, 1 young person has secured a full time position in the construction industry and 2 others have done

some casual work. All of them are males.

h. Bush Day Trips - We partner with different organisations to

take groups of young people in the youth diversion program, out of town or out bush, for fun activities and learning every week.

These trips which happen every Saturday have been very successful and have served as a reward for the young people

who work really hard during the week in the various projects we organize. So far, a total of 23 young people have participated in our bush trips. 17 were males and 6 females.

i. Camps on Country - We partner with different organisations to

take groups of young people out on camps during the school holidays. These camps are usually good opportunities for the young people in our program to learn about their history, culture

and the different languages spoken in the Kimberly Region. Our upcoming trips during the term 1 school holidays will be in

collaboration with the Kimberly language Resource Centre (KLRC). A total of 20 young people in the program will participate in the camps. 10 males and 10 females.

j. Outdoor Cinema Project – This is a project where the young

people in the diversion program help organise an outdoor cinema event in the shire park for the community. It is an opportunity for them to give back to their community. The

young people put on a show during the 2013 Christmas holidays where they screened 2 movies namely, Mr Bean’s Holiday and

Elf. A second outdoor cinema event is currently being planned by the young people for the upcoming school holidays. So far,

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32 young people have been involved in organising the outdoor cinema. 25 males and 7 females.

k. Games Day/Night Project – This is another one of the many

community events organized by the young people in the Shire of

Halls Creek Youth Services Diversion Program for their community. They help plan for and deliver fun game activities

for other young people in the community. So far, 3 game nights have been successfully organised by 34 young people in the program. Out of this 34, 27 were males and 7 females.

l. Sports Projects – In collaboration with the Garnduwa

Organisation, 22 young people in the Youth Diversion Program have helped deliver various sporting events for young people in the community of Halls Creek. 17 of the 22 young people were

males while 5 were females.

As of 31 March 2014, the number of young people referred to the YSDP in Halls Creek, who successfully engaged in at least 8 hours per fortnight of structured one to one (1:1) diversionary activities, is 14. 10 of the 14 are

males and 4 females. The remaining 30 young people who have been referred to us are engaged for an average of 3 hours per fortnight in

structured diversionary activities. Additionally, to the 1:1 case management engagement all youth are participating on group programs (as outlined above).

Case Management Clients

YSDP # of

Clients

Individual engagement

hours per fortnight

Fortnightly Total

High Engagement (1:1)

Male 10 8 80 Female 4 7 28

Med Engagement (1:1) Male 19 3 57

Female 5 2 10 Low Engagement (1:1)

Male 5 2 10

Female 0

0

38

185*

*Total staff hours per fortnight = 228 hours

Halls Creek YSDP – Holiday Activities

Boys Camp on Country 12 – 14 April 2014 In a partnership with the Kimberley Language Resource Centre, A group of 14-18 year old young men will embark on a two day camp/hike from

Sawpit Gorge to Palm Springs. During the trip, the young people will be exposed to cultural content from the KLRC and will be shown a variety of

traditional outdoor skills. The young men will be accompanied by two

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Youth Development Officers and a representative from the Language Centre.

Girls Camp on Country 16 – 17 April 2014 Youth Development Officers will camp with a group of referred female

clientele near Ord River. The young women will be told stories by an appropriate elder and will engage in activities such as fishing and

swimming. The Community Engagement Officer will accompany the Youth Service during this trip in a mentor type role for the young women.

Outdoor Cinema Night 24 April 2014 Youth Development Officers will setup with our clients an outdoor cinema

in the park showing two family movies. Families will be encouraged to attend with their children.

Garnduwa Sports – Friday Afternoons Youth Development Officers will work alongside Garnduwa to provide

sporting activities weekly during the holidays. These sports will include football, basketball and touch rugby.

Yarn Nights – Thursday and Friday Nights Youth Services are committed to continue their Yarn Nights through the

holiday period. Yarn Nights are designed to engage referred clientele on important issues such as health, wellbeing and self-esteem. The format of the evenings allows young people to open up about issues over a dinner.

Meals are prepared by the youth, with assistance from the Youth Development Officers.


The Halls Creek 10 Year Strategic Plan identifies under Outcome 1.2 ‘The capacity and range of comprehensive, culturally relevant and

quality community services are improved.’

‘Our people are empowered with a strong sense of social responsibility and community interdependence.’


Financial Implications: The Youth Services program is currently meeting all obligations of its

funding agreements. Continuing to work under this model will increase the likelihood of obtaining funding in the next financial year.

Officer’s Recommendation: That Council note the Strategic Community Plan under review by Rodger

Kerr-Newell, CEO could be subject to a new strategic direction for the Shire youth engagement.


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9.4 INFRASTRUCTURE ASSETS MANAGER

Item Number: 9.4.1 Subject: Extension of the Kimberley Chamber of

Commerce to Re-Commence Saturday

Morning Markets at a Different Location Proponent: Central Kimberley Chamber of Commerce

Reporting Officer: Infrastructure Assets Manager – Angela Hoy

Meeting Date: 17 April 2014

Declaration of Financial Interest:

The markets are currently run by Angela Hoy, the reporting Officer, through the Central Kimberley Chamber of Commerce.

Matter for Consideration: Application by the Central Kimberley Chamber of Commerce (CKCOC) to

run Saturday Markets during the dry season. Consideration of request to exempt all fees and charges applicable for stallholders and traders, except

food stalls, participating in the Saturday markets. Background:

Council approved in March 2013 the following:

That:

1. Council approves the proposal by Central Kimberley Chamber of Commerce (CKCOC) to operate Saturday Markets from within the car park located between the Civic Hall and the Recreation and

Aquatic Centre; 2. Council approves the exemption of stallholder fees and permits for

non-food stalls operating in the CKCOC Saturday markets; 3. Council approves the exemption of stallholder fees for food stalls,

however, permits to sell food items must still be obtained and

complied with by the stall holders; 4. The approval granted in sub-paragraphs 1-3 is for a maximum of

10 market days, to be held from March 2013 to December 2013; 5. Council donates the hire of 5 bins at 10 market-days, being a total

of $1,650; and 6. Council authorises the Chief Executive Officer to liaise with the

CKCOC to ensure the Council approves of all operational matters

including clean-up and management of each market day.

The markets held between 2012 and 2013 were not as successful as hoped for, however the CKCOC will invest more time promoting the markets in Halls Creek and throughout the Kimberley. However some

market vendors came from outside the Halls Creek area and provided a variety of goods not normally accessible in Halls Creek.

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Statutory Environment: Section 4.2 and 4.3, Division 2, Part 4 of the Local Government Act Local

Law 2002 requires all stallholders and traders to obtain a permit before trading.

Section 4.6, Division 2, Part 4 gives provision for Council to exempt a

person or class of persons from paying any fees or obtaining a permit as required in Part 4 of these Local Laws.

Local Government Act 1995 Section 6.12 empowers the Council to waive, write-off or discount any amount owing to it.

Policy Implications: Policy HLT 03 – Mobile Food Vending Vehicles and Temporary Food Stalls

Policy Financial Implications:

The current fee per casual stallholder is $30 per stall per day.

If there are 10 market days, with 15 stalls at each, this represents $4,500

that the Council foregoes in income, should it choose to exempt the fees.

A $1,000 bond would still be required.

Members of the public and the CKCOC have requested that the location of

the markets be changed from the car park to the central medium strip from Egan Street down to the new public toilet amenities. This area

would provide adequate shade.

The CKCOC, as part of their management, would be responsible for ensuring area is cleaned and also for traffic control signage. They would

also be responsible for ensuring that no cars are parked on the grass area, and any damage to the reticulation systems is at the cost of the

CKCOC.

It is suggested that the Council consider the donation of the value of the

hire of bins at $33.00 per bin so at least bins are available to encourage people to use them. If five bins are used, and the cost donated by Council, this represents an expense of $1,650 to the Council by way of

“donations by Council”.

If stall holders find the events successful and wish to have trading outside

of the CKCOC market days, they will be required to obtain their own permits and pay for them directly to Council. The CKCOC is only seeking these donations/fee exemptions for its own market days.


The aim of the event by the CKCOC is to promote economic development within the Shire. Saturday Markets will give an opportunity to community members to participate in economic activities, which may encourage

entrepreneurship in the long run. It also provides established businesses with trade that may result from tourists stopping in town longer to

partake in the market day. It is also another opportunity for local area promotion, again by establishing “something” tourists may stay longer for, much like the famed Broome Markets or the Kununurra Markets.

Consultation:

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Shire of Halls Creek management team and CKCOC.

Comments: The CKCOC proposal also seeks exemptions from the Council requirements to obtain a permit for trading and operating stalls on market

days. They also seek exemption from the fees required by Council for these permits. The CKCOC may charge traders and stall holders a

nominated fee, which will go towards the operational expenses of organising the markets. If the Council were to also levy charges to the stall holders, the total fee for trading in the markets could be too high for

most community members, thus discourage community members from participating in the markets.

Whilst the proposal may seek to exempt permits and fees payable, permits for food stall holders cannot be waived. The stall holder fee can be exempted but the permit must still be obtained.

The recommendation to Council does not propose the exemption of persons selling food products. Sale of food in the Markets will make it

necessary for Environmental Officers to monitor food hygiene from time to time, and thus incur weekend overtime hours.

Policy HLT 03 - Mobile Food Vending Vehicles and Temporary Food Stalls

requires food stalls and food vending vehicles to obtain a permit ‘health clearance’ to ensure that community health is protected.

Officer’s Recommendations That Council:

1. approve the proposal by Central Kimberley Chamber of Commerce (CKCOC) to operate Saturday Markets from within the grassed

verge area located from Egan Street down to the new public amenities;

2. approve the exemption of stallholder fees and permits for non-food stalls operating in the CKCOC Saturday markets;

3. approve the exemption of stallholder fees for food stalls, however,

permits to sell food items must still be obtained and complied with by the stall holders;

4. note the approval granted in sub-paragraphs 1-3 is for a maximum of 10 market days, to be held from March 2013 to December 2013;

5. donates the hire of five bins at 10 market-days, being a total of

$1650; and 6. authorises the Chief Executive Officer to liaise with the CKCOC to

ensure the Council approves of all operational matters including clean-up and management of each market day.

Voting Requirement: Absolute Majority

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Item Number: 9.4.2 Subject: Public Amenities Opening and Closing

Hours Reporting Officer: Infrastructure Assets Manager –

Angela Hoy



Matter for Consideration: Approval to open and close all public amenities toilet blocks between sunrise and sunset

Background:

The shire of Halls Creek has 2 x toilet blocks available for public use. 1. Shire Park – 2 x unisex toilets 2. Centennial Oval - new public toilet block opened in April 2014.

Statutory Environment: Nil

Comments: Due to recent vandalism and anti-social behaviours within the Shire of

Halls Creek, it is advised that in order to protect our assets, public amenities such as toilets should be closed after dark.



Financial Implications: Nil effect on costs to open and close toilets as the amenities is currently part of the cleaning contract through Boab Cleaning.


That Council agree to set the opening and closing time of public amenities from Sunrise to Sunset.


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Item Number: 9.4.3 Subject: Refurbishment of Aquatics Centre

Sign and Fence Reporting Officer: Infrastructure Assets Manager –

Angela Hoy



Matter for Consideration: To approve design of the proposed sign for Aquatics Centre fence.

Background: The Shire of Halls Creek seeks advice from Officers as to what items

require replacement on an annual basis. In 13-14 a budget of $10,000 was approved to renew the Aquatics Centre fence and sign.

Statutory Environment: Nil

Comments: Due to the age of the existing sign on the Aquatics Centre fence, it is now required to be replaced. Currently the sign is in poor condition as does

not look inviting to people visiting halls Creek. It is intended that once the signage design is approved, the fence will be repainted and the new

sign installed. Strategic Implications: Nil


Financial Implications: There is a budget of $3,000 set aside for the replacement of the sign in

the 14/15 budget.

A purchase order has already been issued to the value of $3,000 to repaint the existing fence.

Officer’s Recommendation: That Council approve the design of sign, and instruct the officer to

organise the replacement sign as soon as possible, and complete the refurbishment of the Aquatics Centre fence and sign.

Voting Requirement: Simply Majority

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HALLS GREEl(

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9.5 STRATEGIC PLANNING MANAGER

Item Number: 9.5.1 Subject: Bungle Bungle National Park

(Purnululu) Rock Art Protection

Reporting Officer: Strategic Planning Manager – Bronwyn Little



Approval to seek support and funding for the sealing of road surfaces in the Bungle Bungle National Park (Purnululu) to manage dust build up on

rock art surfaces, based on reported recent deterioration in artwork visibility.

Background: The Bungle Bungle ranges are home to multiple rock art sites comprising

both petroglyph and pictogram motifs on a variety of substrates including rock shelters, vertical rock walls and boulders. The accessibility of the sites is varied and some are impacted more by visitors than others.

Statutory Environment:

The wider Bungle Bungle National Park (Purnululu) area is both a world heritage site and a national park. Provision for the care of the world heritage area is to be the responsibility of the Purnululu World Heritage

Area Advisory Committee which is being established by the Department of Parks and Wildlife and includes a member from the Shire of Halls Creek

(Cr Long). The Bungle Bungle National Park (Purnululu) is identified as a site of world environmental and cultural importance with further potential as tourism and recreation destinations.

Comments:

A combination of factors affect the preservation of the rock art including changes through exposure to:

chemical alteration by daily heating and cooling by the sun mechanical removal of pigments and underlying rock by running

water and wind erosion chemical alteration of pigments by moisture fluctuation and organic

and inorganic chemical agents insect and animal activity, particularly mud wasp and birds for

some sites

dust, both air and water borne animal activity, both grazing and wild

human activity traditional and visitor.

The history of the area since pastoral farming began has included changes

to the vegetation in some areas. Cattle have been identified as a major factor in the increase in dust on rock art surfaces at one known site in the

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past at least. Changes to land management practices have meant changing vegetation patterns with recent fires in close proximity causing

spalling (chipping or flaking) of rock art surfaces recorded at some sites between 2008 and 2013.

Reports on rock art conservation giving advice, surveying and recording the rock art in the Bungle Bungle Ranges has been commissioned by

various agencies in the past (2008 and 2013).1 The literature regarding rock art conservation discourages irreversible

treatment of surfaces. It encourages analysis and identification of the interrelated factors affecting individual sites. Given the reality of rock art

conservation in the outdoors, preventive conservation solutions are favoured. This includes managing environmental factors, where possible, rather than attempting to reverse existing damage or isolate the art itself

from its environment.

Often the visible degradation of a site over a relatively short time will be due to very specific changes in the local environment of a particular site. Changes in vegetation on the verge of rock shelters, for example, can be

a major factor. This can affect moisture uptake by pigments and/or rocks, or the attractiveness of the site to insects, birds or mammals.

The more accessible (and therefore visited) a site, the more likely the changes are to be noticeable. The increase in dust levels on a number of

rock art surfaces has been observed by traditional owners caring for the sites. This increase has been attributed to increasing air and water borne

dust due to an increase in vehicle activity on unsealed roads in the immediate vicinity. Managing dust levels through sealing of roads close to

sites will contribute to their preventive conservation management in response to traditional management practice. Ongoing monitoring after sealing the roads will provide measurement data and an increased

understanding of interrelated factors affecting the artworks.

The rock art in the Bungle Bungle National Park (Purnululu) formed part of the reason the National Park was put forward for World Heritage Status by the Australian Government. The nomination by the Government of

Australia for Inscription on the World Heritage List includes nomination on cultural grounds –

Cultural criterion (iii) Exceptional testimony to a cultural tradition which is living.

‘People recorded their connection to place and to the past through art in a

continuing and developing tradition. The rock art recorded from the Purnululu National Park further illustrates the connection between use and management of the area, and the continuity between past and present.’

1 Gunn, RG and Douglas, LC. Assessment of Rock Art Conservation Issues.

Purnululu National Park. A report to the Department of Parks and

Wildlife,Government of Western Australia, Kununurra. August 2013

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It is both a privilege and a responsibility to have the park and this outstanding cultural artwork within the boundaries of the Shire of Halls

Creek. As part of that responsibility the Shire should advocate to ensure measures are taken to preserve the artwork and prevent any further deterioration.

To ensure this artwork continues for future generations officers propose to

seek the support of the Kimberley Zone in advocating for the sealing of the internal roads in the Park. It is also proposed that the Chief Executive Officer pursue funding for this purpose through all available funding

sources.

Strategic Implications: The Halls Creek 10 Year Strategic Community Plan identifies the recognition of the importance of Aboriginal land, language and culture to

social, emotional and economic wellbeing (pg 12) as a desired outcome for the community, within Objective 1: vibrant and connected

communities, supporting cultural and language diversity. Strategy 1.8.2 Lobby State Government to allow Shire input on road

funding allocations is included in the plan to achieve the outcome of access to appropriate transport networks and services as part of the

objective above. Policy Implications: None identified

Financial Implications: None identified


That Council: 1. advocate proactively for preventive conservation measures,

including the sealing of internal roads, at the Purnululu World

Heritage Area Advisory Committee; 2. direct the CEO to seek Kimberley Zone support and funding for the

sealing of lengths of road identified by traditional land owners as contributing to increased dust build up at identified sites; and

3. investigate methods for ongoing reporting of the condition of sites

to record change and evaluate preventive conservation measures over time.

Voting Requirement: Simply Majority

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Item Number: 9.5.2 Subject: Integrated Planning




Matter for Consideration:

In April 2013 Council adopted the Strategic Community Plan as required by the Local Government Act. It was agreed that this document would be reviewed over the next 12 months. Officers are seeking an extension to

this time for review in order to fully review the plan and ensure it better reflects the communities vision for the future.

Background: In 2010 the Minister for Local Government introduced some new

requirements into the Local Government Act. Councils are now required to develop and adopt two basic documents in consultation with their

communities:

Strategic Community Plan – to set out the vision for the Shire.

What we want the Shire community to be like in the future and the various things that would achieve that vision (through social,

economic, environmental and governance objectives and outcomes) Corporate Business Plan – which sets out ‘how’ that vision is

achieved in the budget e.g. youth work, roading, litter clean-up.

There are also a number of other plans under the Local Government Act

which we are required to have in place. These plans are to include ways to achieve the Strategic Community Plan vision. They include:

Long term financial plan – setting out the ways we will finance the vision and outcomes in the Strategic Community Plan over the next

15 years Asset Management Plan – how we will maintain and develop our

roads, buildings and other assets to make sure we achieve the Strategic Community Plan

Workforce Plan – how the Shire will ensure that the staff we have

are the right staff to work towards achieving the Strategic Community Plan

Together all these plans are part of the Integrated Planning process. This process is intended to ensure that the Shire knows where it is going and

how it will get there. The documents should all be linked and together make sure the Shire does its part in achieving the communities vision.

The other important documents which we as a council have to develop and review are required under the Town Planning Regulations 1967.

These are:

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Local Planning Strategy – this document is the policy part of the town plan and sets out the things which need to be provided for in

the Shire including housing, industry, retail, pastoral and mining activities. It also includes the various federal and State policies and requirements we as a council are required to comply with along

with an outline of the opportunities and constraints the Shire faces in achieving what the community wants to see happen over the

next 5 to 10 years. Local Planning Scheme – this is the rules document which zones the

land in Shire for the various uses, sets out how buildings should be

built (such as height, distances to boundaries, lot sizes), and what can be done in each zone (e.g. what types of industrial uses can be

located in the Industrial Zone). These rules ensure that the matters outlined in the Local Planning Strategy can be provided for in the best way.

These last two documents are not formally part of the Integrated Planning

system but they can and should be aligned to the vision and outcomes in the Strategic Community Plan.

Statutory Environment: As noted above Council must develop and adopt the strategies and plans

outlined in both the Local Government Act and the Town Planning Regulations. At this point in time council has current adopted versions of all these documents. Each of the documents must also be reviewed over

different time periods:

Document

Review

Strategic Community Plan

Every 2 years desk top review and

Every 4 year full review

Corporate Business Plan

Every year

Long Term Financial Plan

After the review of the Strategic Community Plan and amended if required

Asset Management Plan

After the review of the Strategic Community Plan and amended if

required

Workforce Plan

After the review of the Strategic

Community Plan and amended if required

Local Planning Strategy

Every 5 years

Local Planning Scheme

Every 5 years

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Comments:

In April 2013, in line with the requirements of the Local Government Act, the Strategic Community Plan was adopted by Council. The document was developed by Haines Norton consultants. At the council meeting in April a

number of concerns were raised about the Strategy including: the difference between aspirations and actions, Shire and Council “ownership”

certain aspirations and actions, the process of compiling the draft document and the community feedback process. It was therefore resolved that the strategy be reviewed within 12 months of it being

adopted. In June 2013 the Corporate Business Plan was adopted in line with the Strategic Community Plan.

The review of the Strategic Community Plan did not begin until October 2013 with further consultation to address the concerns raised regarding

community feedback. The council engaged Mr Peter Kenyon from Bank of I.D.E.A.S. to undertake a further round of community consultation in the

town and out in the communities. In the report Mr Kenyon highlights a number of key themes and issues

including- Dominant issue is the concern for the development of young

people, their employment future and their connection to Country. Greater family responsibility needs to be expected- more focus on

families

Need for improved job paths for young people Need for a regional transport system

Communities needing to work together more Importance of football and sport as a community and shire glue-

need to explore greater links with employment opportunities Pride in the national recognition achieved by local artists and art

centres

‘Red tape to red carpet’ approach by council staff Need for more genuine and culturally appropriate community

engagement sealing of the Tanami Poor signage throughout Shire

Revitalisation of the Community Resource Centres in the Shire Potential of recreational fishing

‘Do the Duncan’ is an opportunity Gambling is a growing community issue Older members generally still have a strong work ethic and need to

teach younger people.

No further work on the Plan was undertaken prior to the arrival of the new Chief Executive Officer over the Christmas period last year. It is considered that in order to avoid the problems encountered with the first

version of the plan further time is needed to put together the revised document. In the next 2 months the Strategic Planning Manager will be

working with the council and community on a revision of the document to ensure it belongs to the communities of Halls Creek. The draft will then

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be presented to Council for consideration and any further consultation considered necessary.

Strategic Implications: The review of the Strategic Community Plan is the opportunity for the

community of the Shire to answer the following three questions:

Where are we now? Where do we want to be? How do we get there?

The community can then set social, economic, environmental and civic

leadership objectives about what they want the Shire to be like in ten years time. The way we get there is then identified - through various policies, projects and service delivery. The next part of the Plan is to set

up some expectations about the delivery of those policies, projects and services - both in terms of timing and quality. From then the Plan is

reviewed every two years and every fours years there is a full review. Most importantly however the council can make sure progress is being made by doing a simple review annually if it wants to do so.

Community Consultation

Review

Draft SCP

Adopted Strategic Community Plan

(Appendix 1 shows a more detailed breakdown of the process)

What do

we

want?

How do

we get

what we

want?

Who is

going to

do it?

How

will we

know its

been

done?

Did they

do it and

do it

well?

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The information collected by Mr Kenyon shows that the communities’ aspirations have changed little from the first Community Strategy adopted in 2008. There are also many similarities with the Strategic Community

Plan delivered in April 2013 as part of the Integrated Planning framework. Officers will be working with the Council to review the Plan in the light of

the results of the 2013 consultation to produce a new Strategic Community Plan for the Shire that not only fits all the criteria required by the Department of Local Government but reflects the Halls Creek

Community’s aspirations and our capacity to work towards those aspirations.

The review of the Strategic Community Plan provides the Shire with the opportunity to build on both these documents and the most recent

community consultation to make commitments to:

Deliver identified policies, projects and services we as a council can do eg Shire roading, youth services and general service delivery standards; and

Advocate for the provision of policies, projects and services which are to be delivered by other agencies e.g. education, health,

policing, housing

The resulting Strategic Community Plan gives the council an opportunity

to be accountable to the community by setting out expectations of what needs to be done, how it should be done and when. The Plan will also set

out how progress will be measured for each of the identified policies, projects and service. A review of these measures will be undertaken

annually and reported back to council. This information can be used to inform the annual plan for the next year.

For example if one of the objectives was to create safer communities the Shire would play a direct role in achieving this by providing adequate

street lighting.

Objective

Safer communities

Strategy (1)

Adequate street lighting

Expectation

More public lighting in remote communities

In the annual review the increase in public lighting in remote communities would be assessed to see if there had been more added and if that had

made the community feel safer. If more was needed then that would need to be considered in the budget for next year. The communities

could and would expect to see the trend towards achieving safer communities in each year of the plan.

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The Shire can equally also hold other agencies to account for the services

the community has identified each agency should be delivering. An example is as follows:

Objective

Safer Communities

Strategy (2)

Effective policing

Expectations

Decrease in violent criminal offences

In this case the strategy belongs to another agency – the police. The Council could look at the annual statistics on violent crime in the Shire produced by the Police. If there was no decrease or little decrease the

Council should be able to start discussions with the local police to find out why there had been little improvement. Councillors could advocate on the

communities behalf the need for more effective policing in the Shire. If one of issues was around funding for police officers council could take the matter further to the State or Federal governments in the knowledge that

this is what the community want because it is one of the objectives of the Strategic Community Plan.

The Strategic Community Plan therefore gives the Shire the responsibility and right to advocate to encourage other agencies to deliver their services

in a way that achieves the objectives that the community has set for Halls Creek. The plan allows the council to take on a wider governance role

and get better outcomes for the community as a whole.

Policy Implications: The review of the Strategic Community Plan will be turn trigger the review of all the other plans to bring them into line with any new outcomes from

that Plan. In addition the current review of the Local Planning Strategy and the Local Planning Scheme (Town Plan) will be influenced by the

objectives set out in the Strategic Community Plan. Financial Implications:

At this stage there are no additional financial requirements in relation to the review of the Strategic Community Plan.

Officer’s Recommendation: That Council instructs the Strategic Planning Manager to continue to

review the Strategic Community Plan and report back to the Council in June 2014 with a view to completing the review of the Plan by September

2014.


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What Halls Creek

should be like in

20 years?

Community

Consultation

(Peter Kenyon

consultation Oct.

2013)

DRAFT

STRATEGIC

COMMUNITY

PLAN

Council and

officers

identify:

Social

Economic

Environmental

Civic

OUTCOMES:

What we want

OBJECTIVES:

What we want

looks like

STRATEGIES:

How we can

get what we

want and who

will do it?

MONITORING:

How do we

measure how

well we are

doing

STRATEGIC

COMMUNITY

PLAN

Including:

ACTIONS

/ADVOCACY

RESPONSIBILITIES

MEASUREMENTS/

EXPECTATIONS

CONSULTATION

MONITORING

How well are

we achieving

outcomes?

SHIRE

Police

Health

providers

Education

providers

NGOs

FEDERAL

STATE

ACTIONS/

RESPONSIBILITIES

What and Who is

doing it?

Annual report

to council

and

Follow up with

other agencies

REVIEW 2 YEARS AND 4 YEARS

Housing

providers

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Item Number: 9.5.3 Subject: Submission to Inquiry into the

Harmful Use of Alcohol in Aboriginal and Torres Strait Islander Communities




Approval of the Shire’s draft submission to the Standing Committee on Indigenous Affairs Inquiry into the harmful use of alcohol in Aboriginal and

Torres Strait Islander communities. Background:

In February 2014 the Standing Committee on Indigenous Affairs announced and Inquiry into the harmful use of alcohol in Aboriginal and

Torres Strait Islander communities. The Committee will inquire into and report on the harmful use of alcohol in Aboriginal and Torres Strait Islander communities, with a particular focus on:

Patterns of supply of, and demand for alcohol in different Aboriginal

and Torres Strait Islander communities, age groups and genders

The social and economic determinants of harmful alcohol use across Aboriginal and Torres Strait Islander communities

Trends and prevalence of alcohol related harm, including alcohol-fuelled violence and impacts on newborns eg Foetal Alcohol Syndrome and Foetal Alcohol Spectrum Disorders

The implications of Foetal Alcohol Syndrome and Foetal Alcohol Spectrum Disorders being declared disabilities

Best practice treatments and support for minimising alcohol misuse and alcohol-related harm

Best practice strategies to minimise alcohol misuse and alcohol-related harm

Best practice identification to include international and domestic comparisons

The Chair of the Committee, Dr Sharman Stone, said that ‘The Committee

is not singling out Aboriginal and Torres Strait Islander people as the only group that have problems with alcohol. We know that Aboriginal and Torres Strait Islander people are more likely to abstain from alcohol than

non- Aboriginal and Torres Strait Islander people. However we are concerned that Aboriginal and Torres Strait Islander people, who do

consume alcohol, drink at riskier levels which has a greater impact on their health.’ Submissions are invited from interested persons and organisations relating to any of the matters set out in the terms of

reference.

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Statutory Environment: The Standing Committee on Indigenous Affairs is committee of the House

of Representatives in the Parliament of Australia. The committee has 11 members including Melissa Price, MP for Durack WA. The Inquiry will hold Public Hearings and produce a report to the Federal Government. The

submission period closes on 17 April 2014 (however the committee has agreed that our submission can be lodged after this council meeting if it is

approved). Comments:

The Shire President has requested that the Chief Executive prepare a draft submission addressing some of the matters raised in the Terms of

Reference for the Inquiry. In particular: Patterns of supply of, and demand for alcohol in different Aboriginal

and Torres Strait Islander communities, age groups and genders

Best practice strategies to minimise alcohol misuse and alcohol-related harm.

After a discussion with those members of the council available on

Thursday 3 April officers have put together a draft submission which is attached as Appendix 1. The attached draft submission sets out some of

the patterns of current alcohol use in the community under the restrictions and the outcomes for Halls Creek. It also proposes for consideration a new strategy for moving forward which includes:

Kimberley Region personal identification system

A daily limit per person for alcohol purchase within the region A levy or profit sharing arrangement on all alcohol purchased in the

region Redistribution of that levy/funding back to the Shires through,

perhaps, the Kimberley Zone

Application of that levy funding to programmes related to education about responsible use of alcohol, mitigation of the harmful effects

on vulnerable groups (including children and the elderly) and rehabilitation for those with drinking problems.

In addition the submission asks that the Inquiry comes to Halls Creek as part of their investigation or public hearing process.

Strategic Implications: The Halls Creek 10 Year Strategic Community Plan identifies the following

outcomes which are reflected in the attached submission. Governance:

Outcome 4.1 A strong and professionally developed Council providing effective advocacy for the Shire’s interests Outcome 4.5 A local government that is respected and accountable

Economic: Outcome 2.1 To develop, retain, expand and diversify local enterprise

throughout the Shire Policy Implications: None identified

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Financial Implications: None identified at this stage

Officer’s Recommendation: That Council:

1. endorse the draft submission to the Inquiry in to the harmful use of alcohol in Aboriginal and Torres Strait Islander communities

attached as Appendix 1; and 2. instruct the Chief Executive Officer to lodge the submission with

the Inquiry on Friday, 18 April 2014.


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APPENDIX 1

SUBMISSION TO: Standing Committee on Indigenous Affairs Inquiry into the harmful use of alcohol in Aboriginal and

Torres Strait Islander communities.

SUBMISSION FROM


RETURN ADDRESS

The Chief Executive Officer Shire of Halls Creek P O Box 21 Halls Creek WA 6770

CONTACT

Bronwyn Little, Strategic Planning Manager Ph. 08 9168 6007

DATE

17 April 2014

SUMMARY:

The Shire of Halls Creek

The Shire of Halls Creek is located in the East Kimberley area and has a population of around 4000

people. Over 1500 people live in the town of Halls Creek and the rest of the community live in

remote communities across the Shire. Some also live on pastoral properties around the Shire. Over

80% of the community identify themselves as Aboriginal, the highest proportion in Western

Australia. The town is almost 3000km from Perth and 362 km from the town of Kununurra.

In 2009 the Director of Liquor Licensing, in a Section 64 decision restricted the sale of packaged

liquor in Halls Creek to minimise the harm or ill-health due to the use of liquor, caused to people

residing in or resorting to Halls Creek. The Shire council considers itself to be a strong and almost

unique position to inform the Inquiry of the impacts of a highly restrictive alcohol sale regime on the

supply and demand for alcohol in communities like our own. We would also like to put forward an

alternative strategy for minimising alcohol misuse and alcohol related harm to move the community

and similar communities in Australia forward.

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Patterns of supply of, and demand for alcohol in different Aboriginal and Torres Strait Islander communities, age groups and genders

Alcohol in Halls Creek has been restricted under the terms of the current liquor licences held by the

Halls Creek Store, the Kimberley Hotel and Russian Jacks Restaurant since 2009. In addition there

are Kimberley restrictions regarding consuming liquor in public places and on public roads (which is

an offence). The grog ban has been operating for 5 years now and the impacts have been both

positive and negative. These impacts are set out in the submission for the Inquiry to take into

consideration when considering patterns of and demand for alcohol in restricted access

communities.


This submission also proposes for consideration a new strategy for moving forward which includes:

Kimberley Region personal identification system

A daily limit per person for alcohol purchase within the region

A levy or profit sharing arrangement on all alcohol purchased in the region

Redistribution of that levy/funding back to the Shires through, perhaps, the Kimberley Zone

Application of that levy funding to programmes related to education about responsible use of alcohol, mitigation of the harmful effects on vulnerable groups (including children and the elderly) and rehabilitation for those with drinking problems.

In addition the submission asks that the Inquiry comes to Halls Creek as part of their investigation and public hearing process.

Introduction:

The Shire of Halls Creek is one of the few Shires in the State (and the country) to have restrictions

imposed by the Director of Liquor Licensing which people in the Shire refer to as the grog ban.

Today in Halls Creek the Kimberley Hotel is the only place where locals and tourists can drink in

public (the Best Western Motel also has a licence to sell alcohol with meals). The Halls Creek Store

and the Hotel are the only places where alcohol can be sold to take away – and this is restricted to

low alcohol product. Prior to this the Halls Creek Store and Kimberley Hotel had imposed voluntary

restrictions on their premises.

Background to Director of Liquor Licensing decision in May 2009

Fitzroy Crossing, restrictions imposed in October 2007

Interim restrictions in Halls Creek 2007

Section 64 decision May 2009

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Patterns of supply of, and demand for alcohol in different Aboriginal and Torres Strait Islander communities, age groups and genders

Situation in 2009

At the time of imposing the grog ban the town was experiencing an escalation in the harmful effects

of alcohol in relation to violence, injury and crime. There were a number of factors which

contributed to the problems, many of them simply a result of too many people drinking too much.

The grog ban in Fitzroy Crossing in 2007 moved many individuals and problems to Halls Creek as the

closest town – this increased the magnitude of the problem in Halls Creek at the time.

There were also some other factors which have changed at the same time as the ban was

introduced. For example:

drinking in public places was also banned and the police have been very strict and vigilant in

managing this.

Drunkenness in public places was also more strictly policed after the ban.

Now

The Shire considers that the current grog ban restrictions did contribute significantly to breaking

the cycle of alcohol related harm relating to violence and injury. Since the May 2009 restrictions

significant improvements in the statistics (up to the November 2011 - 24 month review undertaken

by Grant Akesson) with fewer:

- alcohol related emergency department admissions,

- drink driving rates,

- violence and domestic violence rates (but those remaining are still mainly alcohol related, p. 8)

- general assault offences and

- general police tasking.

Data since that time has not been analysed or made available. After almost 5 years the wider effects

of the grog ban can be identified by those living and working in the community. Many of the effects

have been positive however there have been some effects which are detrimental to the town and

those living in the Shire. In 2014 we consider that the time is right to reconsider the restrictions on

the sale of alcohol and give some of the power back to the people – the majority of whom are

drinking and would drink in a responsible way if restrictions were eased. The following table

outlines some of the observable patterns of supply, demand and use of alcohol in Halls Creek. It also

outlines some of the resulting behaviour and attitudes.

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HALLS CREEK

Alcohol restrictions since May 2009

What’s not working?

What is working?

Binge drinking – alcohol purchased in Kununurra/Broome in bulk then drunk in binges (to avoid humbugging)

Shire residents moving to Broome, Kununurra and other towns to access alcohol, setting up drinking camps and causing problems

Substitution of ganja - illegal, uncontrolled, cost, increases attractiveness for outside dealers to come to the Shire, easier to transport than alcohol.

Sly grog trade:

Illegal Sellers - criminal

element coming into the Shire and town

Uncontrolled – no idea of how much and who is drinking

Higher cost – greater proportion of household income spent on alcohol

Underage sales

Overall perception of Shire and town being singled out as a problem area and therefore harder to attract outside workers

Considered by community as racist and unfairly singling out the Aboriginal residents

No statistics to prove that there was/is a continued decrease in violence and crime as statistics are no longer available

Excessive alcohol consumption is a problem across Australia

Community perception that things have improved

Pride in the town that the community itself has made a positive change by instigating the ban

Intangible benefits – a sense of hope and purpose that some people in the town now feel

Rubbish in the streets (cans, bottles etc) has significantly diminished

Drunken people no longer a hazard crossing the Great Northern Highway (outside the Halls Creek Store)

Visible decrease in public alcohol consumption around the store and the hotel

More people are seeking work and working in the town

A decrease in people from remote communities coming into Halls Creek causing issues for town based families

Community initiatives to introduce voluntary alcohol restrictions are in place.

No drinking settlements in the town

Improved governance and management in existing licensed premises

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In summary the situation in Halls Creek 2014 is much improved to that of 2009. The grog ban has

however inadvertently contributed to a number of other related problems. The alcohol

consumption that is still, inevitably, going on is now neither formally controlled or monitored.

People are spending more money on alcohol by buying from sly groggers and travelling to Kununurra

or Broome. Binge drinking is common to avoid humbugging and there is an increase in the use of

more expensive illegal drugs. In addition there has been a perceptible decrease in business and

economic activity in the town at least part of which the towns business community has attributed to

the grog ban. People making the trip to Kununurra and Broome to purchase alcohol are also picking

up their other basic shopping in those centres.

The negative impacts of the current grog ban in the community (some of which are set out above)

are proof that those people with a will to profit from a highly restrictive environment will find a way

to do so. And equally that people with an alcohol dependency and problems related to alcohol will

find a way to access illicit grog and/or drugs. This is not however a reason to keep the current highly

restrictive regime in place but suggests we as a community, region, State and nation should look for

alternative ways to the allow for the controlled and monitored sale and use of alcohol in places such

as Halls Creek.

The Shire is looking for a new way for the sale of alcohol to be made possible within the community

that:

allows people to access and buy alcohol locally in a responsible way.

returns some of the profit made on the sale of alcohol in Halls Creek to be returned

to the community to counteract some of the harmful effects of alcohol.

The Shire sees the reintroduction of alcohol sales back into Halls Creek as essential in keeping and

encouraging the economic viability of local business.

Alcohol can still be purchased over the phone and internet with delivery to Post Office usual (causing some security concerns)

Residents travelling out of town to buy alcohol also buy their other shopping there - causing local shops to lose significant trade.

The restrictions have not addressed the reasons why some people were drinking to excess and why some have continued drinking in excess.

Rehabilitation programs and reforms to education, employment and housing have been slow in coming to the town and Shire

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With these matters in mind the Shire has put together a proposed package of measures for the

consideration of the Inquiry. It is a basic framework around which further work needs to be

undertaken at all levels of governance. The Shire considers it to be a starting point for working

towards making the community of Halls Creek and the Kimberley region and similar communities

places where responsible alcohol use is encouraged, alcohol related harm is minimised and that any

harm is mitigated as much as possible.


Region wide identification and restriction programme

Experience over the last 5 years has shown that there is little to gain from restricting alcohol in one

or two towns, people will simply travel to the closest town alcohol is available and buy as much as

they can leading to binge drinking, humbugging and related consequences or buy from sly groggers

at extremely high prices, see table above.

We consider the key to responsible local sales of alcohol to be a strategy involving region wide

personal identification and a sales control system.

Identification system

Daily limit per person

Identification could be an existing form of identification such as drivers licence or other form of

photo identification. These details would be entered into a regional computer data base which

would then be referred to each time that person tries to purchase alcohol from a licenced anywhere

in the region. This system would be similar to the one used by pharmacies to monitor the sale of

certain types of medicine and painkillers. Identification is required and entered into a database so

that a track can be kept on how much individual customers are buying at various pharmacies to

identify anyone buying excessive amounts which could be used in making illicit drugs.

A daily limit on how much alcohol an individual could purchase would be set, the exact amount to be

determined based on analysis of current restrictions in Kununurra or other towns with daily limits in

place. Daily limits would need to be established at appropriate levels and apply to all customers. As

long as they were reasonable there would not be any need to distinguish between locals and out of

town people (such as contractors and tourists). The daily limit could encourage people to drink

sensibly. There would be no need to binge drink as it would be possible to buy more later in the

week. The sly grog trade would diminish as people could buy their own supplies legally which would

cost less than illegal alcohol.

Identified problem drinkers – court appointed or voluntary –could be banned or restricted beyond

normal daily alcohol limit. A link may be able to be made to those people living in households under

the voluntary household liquor bans (which the police administer) and to corrective services

probations conditions.


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Liquor Licences and profit sharing

There has been some thought given to the actual point of sale mechanism by the Shire.

Consideration was given to a possible model whereby the Shires themselves would act as the point

of sale. However this was judged to be too complex legally, financially and operationally.

We would therefore suggest the existing system of licenses granted by the Director of Liquor

Licensing would be more manageable. Existing/new licensees would operate under the new region

wide identification and daily limit requirements, with accountability being part of the conditions of

the licence. The number of outlets in any one Shire or town could be managed as they are now for

the rest of the Kimberley region. The key difference to the current situation would be that the

specific restrictions applying to Halls Creek and Fitzroy Crossing would be lifted and the new

restrictions around identification and individual daily limits would need to be complied with by all

the licensees in the region. It is envisioned that these requirements would be part of any licence

being granted or renewed.

Share of profits back to community

In addition to the above all licences would be conditional on the return of a portion of all alcohol

sales back to the local communities. This portion or levy would be collected by the Licensing

authority and returned to the communities for use in reducing alcohol related harm.

It is considered that a central collection and redistribution point would be needed to allocate the

money back to the individual communities. A new agency/trust could be established in the region

with the explicit task of redistributing the funds around the region much like a lotteries board. It is

felt however that this may be just another level of bureaucracy which would incur administration

costs and diminish the funding available for redistribution into the communities.

Another option and the one favoured by this Council would be to use the existing Kimberley Zone

which represents the 4 shires in the region. This body is already existing and would act only as the

conduit to get the funding back to the individual shires. We would suggest that the basis on which

the funds were allocated was the same amount of the alcohol purchased in each Shire. So if 25% of

all sales were made in Halls Creek then 25% of the fund would be returned to Halls Creek. This could

happen on a quarterly, six monthly or annual basis.

Once the funds have been allocated we consider that the communities themselves should be

responsible for the way they are used to mitigate the alcohol related harm. Shire based trusts could

be established for this purpose but again this adds another layer and administration costs to the

process of getting funding back to the communities.

To avoid this we would propose that the funds be administered by each council much in the way

that the EDL grants are administered by councils. Councillors are the elected representatives of the

community and are therefore accountable to the community. Each Shire has an existing

administration framework and could absorb the costs as much as possible. A panel of councillors

would invite applications for funding specifically related to mitigating alcohol related harm. They

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could also invite community groups and other agencies such as police, health providers and

government agencies onto the panel.

Funding criteria

Funding criteria could be established by each Shire or agreed at the regional level.

Identified groups who are affected most and would benefit the most from assistance:

children and youth,

elderly,

special needs (in particular Foetal Alcohol Syndrome children)

domestic violence victims,

at risk individuals and families,

remote communities (Aboriginal Corporations).

Identified appropriate programmes and projects:

Education – Responsible drinking for youth and others, remedial help for FAS children

Rehabilitation – Into existing and new programmes

Proactive Community engagement and positive reinforcement for responsible drinkers and

those who don’t drink - developing alternative activities, family events

Practical help - women’s refuge, help for the elderly

CONCLUSION

Current alcohol restrictions (or the grog ban) have been operating in Halls Creek for 5 years. The

Shire feels it is well placed to comment on the outcome of those restrictions on behalf of many in

the community. Whilst this submission has not been the subject of public consultation Councillors

are active in the community and aware of the issues facing the people who live here in the town and

throughout the Shire in the remote communities. We have seen the effects of the grog ban on

individuals, families, communities and the town of Halls Creek itself. We feel that this Inquiry is a

well timed opportunity to inform the Standing Committee of the impacts of such a ban. From our

experiences living with the ban we feel that we are obliged to put forward a strategy for moving on

from the place we find our community in five years on from the introduction of the grog ban.

We consider that the reintroduction of the sale of alcohol in the town in a responsible and

controlled way as outlined in this submission will build on the positive things which came out of the

grog ban. It is considered that the proposed strategy would reduce the harm currently being caused

by alcohol such as binge drinking, excessive money spent on sly grog and the use of drugs as an

alternative to alcohol. It would control and monitor consumption in a moderate way rather than

the extreme manner in which the current grog ban operates. It would provide individuals with the

choices most Australians have - that is allow those who drink responsibly to do so while still

retaining some control over those who cannot or will not do so.

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Furthermore it would allow people to buy alcohol in the Halls Creek township rather than going

outside the Shire. This will encourage people to shop for all their requirements in the town and

support the businesses which are at present struggling to continue operating. And finally it would

provide funding for programmes and projects which specifically target alcohol related harm.

The Shire would like to invite the Standing Committee to come to Halls Creek as part of your Inquiry

into the harmful use of alcohol in our communities. We would welcome the opportunity to meet

with you here and facilitate discussion with the community to help you in your consideration of the

issues faced by Aboriginal and Torres Strait Islander Communities. You could meet with the people

who have been impacted by the current grog ban and talk with them about what it has meant for

them and their families.

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9.6 FINANCIAL SERVICES MANAGER

Item Number: 9.6.1 Subject: Statement of Financial Activity –

March 2014 Reporting Officer: Financial Services Manager – Teresa

Foster


Declaration of Financial Interest: Reporting Officer: Nil

Councillors:

Matter for Consideration: Acceptance of Monthly Statement of Financial Activity for March 2014.

Background: Regulation 34 of the Financial Management (Local Government)

Regulations 1996 provides that a monthly statement of financial activity must be presented to Council.

The report must be presented at an Ordinary meeting of Council within two months after the end of the month to which the statement relates.

Regulations prescribe the information that must be contained in the report.

The Statement of Financial Activity for March 2014 is hereby presented to

Council. This report details the final position for the Shire as at 31 March 2014.

Statutory Environment

Regulation 34 - Local Government (Financial Management) Regulations 1996


Financial Implications: The attached Management Report is the new reporting format as

introduced last month. The report provides a graphical view of income and expenditure, a high level summary table on income and expenditure for each schedule with a commentary on the key variances and a table on

capital expenditure detailing year to date spend. The first page is a summary of the whole of Council.

The reports that have been previously included in prior months are attached after the Management Report.

The Statement of Cash Position details the cash at bank on the Shire’s

balance sheet (Shires assets and liabilities both current and non-current) comprised of:

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1. Cash on hand – petty cash and floats.

2. Municipal funds general/unrestricted cash – utilised for Shire’s expenditure on general activities. Some of these funds are invested (as per investment report in same agenda) and the balance remains

in the municipal account. 3. Municipal funds restricted cash - grant monies received but not

spent 30 June previous year, and to be spent on specific purposes. 4. Reserve funds – money held in reserves which must be utilised for

specific purposes as per the reserve fund. This money can be, and

is, invested in accordance with Council policy.

Revenues and Expenditure at a Glance includes a number of graphs comparing budget to actual providing a visual representation of how the Shire Council is tracking to Budget.

The Statement of Financial Activity (SFA) details the income and

expenditure (both cash and non-cash) for the year to date, which is also shown in the graphs. You will note that the surplus on the Statement of Financial Activity is that same as the surplus shown on the Net Current

Assets Report.

These are always in balance - the SFA details financial activity at program level (eg Law and Order, Youth Services) whilst the Net Current Asset Position details the same activity but at balance sheet level (ie

movements in cash, debtors, creditors etc).

The Net Current Asset Position report details the items that make up the net current asset position. This opening balance from 1 July 2013

does not change during the year. Rates

The current rates outstanding is $ 744,790 The balance outstanding includes unpaid current rates and those

rates to be paid by instalment. Employee Entitlements

Employee entitlements for annual and long service leave do not change during the year. They are adjusted as at 30 June each

year. Capital Expenditure Detail provides the year to date expenditure for

capital projects, as adopted in the 2013-2014 Budget. It includes capital road projects and plant purchases.

Comments: The Management Reports are the new reporting format, providing a

commentary on key variances.

The reports through to Capital Expenditure Detail are in the same format of historical reports and have been kept here to provide consistency of information provided and to ensure legislative requirements are met.

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The surplus for 31 March 2014 is $5,423,222. The Statement of Financial

Activity and Net Current Asset reports that follows details the composition of this surplus.

Officer’s Recommendation That the “Statement of Financial Activity for the period 1 July 2013 to 31

March 2014” be received. Voting Requirement: Simple Majority

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Management Report 01 July to 31 March 2014

Halls Creek Shire Council Consolidated Result

Operating Statements F = Favourable U = Unfavorable

Council Consolidated YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

General Purpose Funding 3,278,729 2,906,208 372,521 F 3,875,012 3,875,012 - F

Governance - - - F - - - F

Law, Order & Public Safety 108,711 11,610 97,101 F 15,500 75,500 60,000 F

Health 205,874 300,292 (94,418) U 390,304 390,304 - F

Education & Welfare 193,267 692,622 (499,355) U 923,515 923,515 - F

Housing 953,648 2,623,698 (1,670,050) U 3,498,287 986,155 (2,512,132) U

Community Amenities 324,954 290,214 34,740 F 387,000 369,000 (18,000) U

Recreation & Culture 170,792 223,902 (53,110) U 298,615 225,515 (73,100) U

Transport 1,542,072 1,725,669 (183,597) U 2,300,951 2,297,451 (3,500) U

Economic Services 267,165 335,601 (68,436) U 447,500 450,000 2,500 F

Other Property Services 1,294,441 484,972 809,469 F 596,388 2,062,744 1,466,356 F

Total Income 8,339,653 9,594,788 (1,255,135) U 12,733,072 11,655,196 (1,077,876) U

Expenditure

General Purpose Funding 421,158 446,400 25,242 F 595,270 625,270 (30,000) UGovernance 475,857 812,608 336,751 F 1,081,636 1,081,636 - F

Law, Order & Public Safety 276,818 351,882 75,064 F 469,328 519,328 (50,000) U

Health 474,235 528,327 54,092 F 704,677 724,677 (20,000) U

Education & Welfare 811,220 1,062,765 251,545 F 1,417,059 1,417,059 - F

Housing 116,144 106,299 (9,845) U 142,000 150,700 (8,700) U

Community Amenities 1,032,053 1,163,619 131,566 F 1,551,714 1,165,215 386,500 F

Recreation & Culture 1,540,125 1,773,027 232,902 F 2,364,430 2,199,030 165,400 F

Transport 2,467,392 2,676,402 209,010 F 3,568,587 3,418,587 150,000 F

Economic Services 874,314 1,022,994 148,680 F 1,364,267 1,407,287 (43,020) U

Other Property Services 778,596 739,968 (38,628) U 986,983 1,696,483 (709,500) U

Total Expenditure 9,267,911 10,684,291 1,416,380 F 14,245,952 14,405,272 (159,321) U

Council Consolidated Total (928,257) (1,089,503) 161,246 F (1,512,879) (2,750,076) (1,237,197) U

Capital Expenditure F = Favourable U = Unfavorable

Cost Centre Capital Project YTD Actual

Original

Budget YE Forecast Variance

Law, Order & Public Safety - 25,000 25,000 - F

Health 44,456 81,656 40,656 41,000 F

Education & Welfare - - - - F

Housing 907,683 3,460,000 1,220,000 2,240,000 F

Community Amenities 205,401 486,126 449,126 37,000 F

Recreation & Culture 66,039 346,000 112,000 234,000 F

Transport 1,256,807 3,548,487 3,398,487 150,000 F

Economic Services 155 50,000 50,000 - F

Other Property ServicesWorks Uility 92,388 278,000 1,549,356 (1,271,356) U

2,572,928 8,275,269 6,844,625 1,430,644 F

-

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Total Income

Actual YTD Original Budget Forecast

-

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

16,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Total Costs


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General Purpose Funding Management Report for March 2014


General Purpose Funding YTD Actual YTD Budget Variance Original YE Forecast Budget

Income

Rates Levied 1,754,281 1,319,742 434,539 F 1,759,660 1,759,660 - F

Rates Other 23,772 34,479 (10,707) U 46,000 46,000 - F

General Purpose Funding 1,266,654 1,348,299 (81,645) U 1,797,752 1,797,752 - F

Interest Income 234,023 203,688 30,335 F 271,600 271,600 - F

Total Income 3,278,729 2,906,208 372,521 F 3,875,012 3,875,012 - F

Expenditure

Rates Expenses 213,801 250,092 36,291 F 333,499 333,499 - F

General Purpose Funding 207,357 196,308 (11,049) U 261,771 291,771 (30,000) U

Total Expenditure 421,158 446,400 25,242 F 595,270 625,270 (30,000) U

General Purpose Funding Total 2,857,571 2,459,808 397,763 F 3,279,742 3,249,742 (30,000) U

Commentary

Revenue: The favourable variance is timing with the

full years rates invoiced at the beginning of the year,

however the budget has been spread over the year.

The unfavorable varinance in General Purpose

Revenue: No variance to Budget forecasted for Year

End

Funding relates to timing difference with FAGS grants Expenditure: Variance relates to EDL Community

Fund, which will be funded from the reserve account

-

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

General Purpose Funding -Income


-

100,000

200,000

300,000

400,000

500,000

600,000

700,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

General Purpose Funding -Costs


of 200


Governance Management Report for March 2014


Governance YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Expenditure

Members Of Council 475,857 812,608 336,751 F 1,081,636 1,081,636 - F

Total Expenditure 475,857 812,608 336,751 F 1,081,636 1,081,636 - F

Governance Total (475,857) (812,608) 336,751 F (1,081,636) (1,081,636) - F

Commentary

Expenditure: Year to Date (YTD) variances are

primarily timing differences for the Aboriginal

Advisory Committee and Yarliyil Arts Centre

Contributions yet to be paid

Expenditure: No variance to Budget forecasted for

Year End

-

200,000

400,000

600,000

800,000

1,000,000

1,200,000

Governance - Expenditure


of 200


Law, Order & Public Safety Management Report for March 2014


Law, Order & Public Safety YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Fire Prevention 227 - 227 F - - - F

Animal Control 108,230 2,610 105,620 F 3,500 63,500 60,000 F

Other Law, Order, Public Safety 255 9,000 (8,745) U 12,000 12,000 - F

Total Income 108,711 11,610 97,101 F 15,500 75,500 60,000 F

Expenditure

Fire Prevention 21,027 25,479 4,452 F 34,021 34,021 - F

Animal Control 234,330 266,580 32,250 F 355,504 405,504 (50,000) U

Other Law, Order, Public Safety 21,461 59,823 38,362 F 79,803 79,803 - F


Law, Order & Public Safety Total (168,106) (340,272) 172,166 F (453,828) (443,828) 10,000 F

Commentary



Original


Fire Prevention Cat Pound - 15,000 15,000 - F

Animal Control Multi Purpose Fire Trailer - 10,000 10,000 - F

- 25,000 25,000 - F

Revenue: Animal Control has received an

unbudgeted grant for $100,000 for the dog de-sexing

project

Revenue: The dog de-sexing project grant for

$50,000 is not budgeted and needs to be increased

to $100,000. There is also some additional revenue

expected on reimbursement costs on providing

services to remote communities

Expenditure: Costs relating to the dog de-sexing

project are also unbudgeted

- 20,000 40,000 60,000 80,000

100,000 120,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Law, Order & Public Safety -Income


- 100,000 200,000 300,000 400,000 500,000 600,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Law, Order & Public Safety -Costs


of 200


Health Management Report for March 2014


Health YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Health Administration & Inspections 3,553 3,690 (137) U 4,950 4,950 - F

Aboriginal Health 202,321 161,683 40,638 F 205,455 205,455 - F

Trachoma Prevention Programme - 134,919 (134,919) U 179,899 179,899 - F

Pest Control - - - F - - - F

Total Income 205,874 300,292 (94,418) U 390,304 390,304 - F

Expenditure

Health Administration & Inspections 172,824 117,720 (55,104) U 157,042 217,042 (60,000) U

Aboriginal Health 160,186 243,018 82,832 F 324,111 284,111 40,000 F

Trachoma Prevention Programme 137,316 139,464 2,148 F 186,000 186,000 - F

Pest Control 3,909 28,125 24,216 F 37,524 37,524 - F


Health Total (268,360) (228,035) (40,325) F (314,373) (334,373) (20,000) U

Commentary



Original


Aboriginal Health Vehicle - Aboriginal Health 44,456 90,000 45,000 45,000 F

Aboriginal Health Trf From Aeho Vehicle Reserve - 8,344- 4,344- (4,000) U

44,456 81,656 40,656 41,000 F

Expenditure: Variance in Health Administration

relates to staff costs being costed differently to

budget; offset with lower costs in Aboriginal Health.

Also in Aboriginal Health is a special projects grant

funded expenditure yet to be spent.

Expenditure: Staff costs primarily offsetting

Revenue: The unfavourable variance relates to

funding yet to be received for the Trachoma

Prevention Project. The Aboriginal Health favourable

variance is a timing difference in the funding.

Revenue: No variance to Budget forecasted for Year

End, however at this point in time the Trachoma

Prevention Programme funding is at risk

-

100,000

200,000

300,000

400,000

500,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Health - Income


-

200,000

400,000

600,000

800,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Health - Costs


of 200


Education & Welfare Management Report for March 2014


Education & Welfare YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Youth Workers 193,267 692,622 (499,355) U 923,515 923,515 - F

Total Income 193,267 692,622 (499,355) U 923,515 923,515 - F

Expenditure

Youth Workers 811,220 1,062,765 227,934 F 1,417,059 1,417,059 - F

Total Expenditure 811,220 1,062,765 227,934 F 1,417,059 1,417,059 - F

Education & Welfare Total (617,953) (370,143) (271,422) F (493,544) (493,544) - F

Commentary

Revenue: Past acquittals and performance reports

now complete and Dec 13 acquittal recently prepared

and submitted. Once approved, payment will be

released Review of Youth Services position finalised.

Negotiations of variance on service agreement with

funding agencies underway to secure an at risk

amount budgeted without confirmation of spend.

Expenditure: Some of the budgeted expenditure for

this year was not confirmed with the funding agency

on the nature of the spend. Youth Services Manager

is in negotiations at the moment and it is expected

that some budgeted spend will be carried over

-

200,000

400,000

600,000

800,000

1,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Education & Welfare - Income


-

500,000

1,000,000

1,500,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Education & Welfare - Costs


of 200


Housing Management Report for March 2014


Housing YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Housing Staff 949,397 2,619,954 (1,670,557) U 3,493,287 985,655 (2,507,632) U

Housing Other 4,251 3,744 507 F 5,000 500 (4,500) U

Total Income 953,648 2,623,698 (1,670,050) U 3,498,287 986,155 (2,512,132) U

Expenditure

Housing Staff 116,144 106,299 9,845 F 142,000 150,700 8,700 F

Total Expenditure 116,144 106,299 9,845 F 142,000 150,700 8,700 F

Housing Total 837,504 2,517,399 (1,660,205) U 3,356,287 835,455 (2,503,432) U

Commentary



Original


Housing Staff Security Gates - 123 Roberta Ave - - - - F

Capital - 120 Roberta Ave - 950,000 - 950,000 F

237 Quilty St - Construction 89,558 - 90,000 (90,000) U

Land Purchase For Building - 450,000 - 450,000 F

Construction - 134 Jingull Street 363,105 500,000 500,000 - F

Construction - 141 Jingull Street 363,048 450,000 450,000 - F

Fit Out - Jingul St 43,985 40,000 60,000 (20,000) U

Fit Out - Bridge St 9,441 40,000 40,000 - F

Construction - 190 Bridge Street - 950,000 - 950,000 F

Relocation Of Dongas To Raceourse - 40,000 40,000 - F

237 Quilty St - Final Fitout & Furnishing 38,545 40,000 40,000 - F

907,683 3,460,000 1,220,000 2,240,000 F

Expenditure: Small overspend expected on housing

due to roof leak

Revenue: Royalties for Regions (RfR) funding has

been deferred for Kimberly regional grant. Individual

RfR housing grant for Halls Creek was paid in March.

Revenue: RfR housing funding for Kimberley zone

has been deferred until 2014/2015

-

1,000,000

2,000,000

3,000,000

4,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Housing - Income


-

50,000

100,000

150,000

200,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Housing - Costs


of 200


Community Amenities Management Report for March 2014


Community Amenities YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Refuse Collection Expenses 230,282 211,482 18,800 F 282,000 247,000 (35,000) U

Refuse Disposal Sites 46,468 37,494 8,974 F 50,000 50,000 - F

Town Planning, Regional Development 31,409 33,750 (2,341) U 45,000 62,000 17,000 F

Community Engagement - - - F - - - F

Other Community Amenities 16,794 7,488 9,306 F 10,000 10,000 - F

Total Income 324,954 290,214 34,740 F 387,000 369,000 (18,000) U

Expenditure

Refuse Collection Expenses 389,738 525,141 135,403 F 700,226 337,726 362,500 F

Refuse Disposal Sites 364,154 291,069 (73,085) U 388,126 394,126 (6,000) U

Town Planning, Regional Development 119,283 98,928 (20,355) U 131,961 163,961 (32,000) U

Community Engagement 92,129 120,555 28,426 F 160,806 145,806 15,000 F

Other Community 66,749 127,926 61,177 F 170,596 123,596 47,000 F

Total Expenditure 1,032,053 1,163,619 131,566 F 1,551,714 1,165,215 386,500 F

Community Amenities Total (707,099) (873,405) 166,306 F (1,164,714) (796,215) 368,500 F

Commentary



Original


Other Community Amenities Cemetery Improvements - 10,000 9,000 1,000 F

Other Community Amenities Public Toilets 204,906 346,126 400,126 (54,000) U

Refuse Disposal Sites Refuse Site - Improvements - 40,000 40,000 - F

Refuse Disposal Sites Refuse Site - Plant Purchases - Quad Bike & Spray Unit- - - - F

Refuse Disposal Sites Waste Collection - Purchase Of Truck & Acccessories- - - - F

Refuse Disposal Sites Wood Chipper - 90,000 - 90,000 F

204,906 486,126 449,126 37,000 F

Revenue: Favourable variance is timing with full

years rates invoiced at the beginning of the year,

however the budget has been spread over the year.

Revenue: Non-Domestic refuse removal fees are

expected to be lower then budget

Expenditure: The town crew recoveries have now

been brought up to date with a more accurate

reflection of costs across Community Amenities.

Overall this area is tracking favourably

Expenditure: Now the town crew recoveries error

has been rectified, the large favourable variance

signalled in the Dec 13 forecast will not be achieved.

This is offset by an unfavourable variance in Public

Works Overheads which will also not happen

The Town Planning unfavourable variance relates to

the review of the Local Planning Scheme

-

100,000

200,000

300,000

400,000

500,000

Community Amenities - Income


-

500,000

1,000,000

1,500,000

2,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Community Amenities - Costs


of 200


Recreation & Culture Management Report for March 2014


Recreation & Culture YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Civic Hall 26,168 22,554 3,614 F 30,076 30,076 - F

Aquatic & Recreation Centre 60,576 108,414 (47,838) U 144,600 60,500 (84,100) U

Parks & Gardens 5,126 5,247 (121) U 7,000 9,000 2,000 F

Other Recreation & Sport - - - F - - - F

Libraries, Licencing & Telecentre 43,518 39,375 4,143 F 52,514 61,514 9,000 F

Other Cultural Matters - - - F - - - F

Television & Radio Re-Broadcast 18,750 14,562 4,188 F 19,425 19,425 - F

Community Resource Centre 16,653 33,750 (17,097) U 45,000 45,000 - F

Total Income 170,792 223,902 (53,110) U 298,615 225,515 (73,100) U

Expenditure

Civic Hall 157,783 169,227 11,444 F 225,669 223,169 2,500 F

Aquatic & Recreation Centre 738,933 788,427 49,494 F 1,051,450 1,043,450 8,000 F

Parks & Gardens 403,277 471,321 68,044 F 628,454 483,954 144,500 F

Other Recreation & Sport 14,754 50,094 35,340 F 66,820 61,820 5,000 F

Libraries, Licencing & Telecentre 82,648 146,106 63,458 F 194,847 194,847 - F

Other Cultural Matters 9,510 19,530 10,020 F 26,061 19,661 6,400 F

Television & Radio Re-Broadcast 9,459 16,767 7,308 F 22,354 22,354 - F

Community Resource Centre 123,760 111,555 (12,205) U 148,775 149,775 (1,000) U


Recreation & Culture Total (1,369,333) (1,549,125) 179,792 F (2,065,815) (1,973,515) 92,300 F

Commentary



Original


Aquatic & Recreation Centre Shade Structures 6,434 6,000 6,000 - F

Gym - Building Extension - 15,000 15,000 - F

Aquatic Centre - Security 16,804 30,000 25,000 5,000 F

Solar Heating - 65,000 - 65,000 F

Civic Hall Civic Hall - Upgrade - 20,000 - 20,000 F

Civic Hall - Security 7,883 20,000 11,000 9,000 F

Civic Hall - Drinking Fountain - - - - F

Civic Hall - Lighting - - - - F

Other Recreation & Sport Grant - Dcd Gymnasium & Recreation Equipment646 20,000 - 20,000 F

Recreation Centre Courts - Grassing - 10,000 - 10,000 F

Chemical Wash & Fencing - 50,000 25,000 25,000 F

Parks & Gardens Oval - Change Room - - - - F

Coach Park - Stage Upgrade - 10,000 5,000 5,000 F

Park Seating 34,273 50,000 25,000 25,000 F

Welman Road Childrens Park - - - - F

Oval - Reticulation - 50,000 - 50,000 F

66,039 346,000 112,000 234,000 F

Revenue: The unfavourable variance in the Aquatic

centre relates to a grant for solar heating declined

Revenue: Aquatic Centre Solar Heating Grant

declined ($65,000)

Expenditure: Savings achieved in allocations,

insurance & maintenance for the Aquatic &

Recreation Centre. Savings in Parks & Gardens

relates to the Public works overhead allocations,

budget was much higher then actuals last year.

Expenditure: The primary reason for the savings

achieved, relate to lower then budget spend in Parks

& Gardens maintenance, however now that the year

to date correction has been done for recoveries, the

savings will be lower than

Other Recreation & Sports has an unspent budget for

planning on sport & recreation planning; as well as

rodeo grounds maintenance

forecasted back in Dec 13

-

100,000

200,000

300,000

400,000

Recreation & Culture - Income


-

500,000

1,000,000

1,500,000

2,000,000

2,500,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Recreation & Culture - Costs


of 200


Transport Management Report for March 2014


Transport YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Construction Rds, Sts & Bridges Etc 1,351,826 1,137,330 214,496 F 1,516,452 1,516,452 - F

Maintenance Rds, Sts & Bridges Etc Total131,983 101,601 30,382 F 135,483 131,983 (3,500) U

Airport 58,263 486,738 (428,475) U 649,016 649,016 - F

Total Income 1,542,072 1,725,669 (183,597) U 2,300,951 2,297,451 (3,500) U

Expenditure

Construction Rds, Sts & Bridges Etc 2,135,357 2,231,001 95,644 F 2,974,692 2,824,692 150,000 F

Maintenance Rds, Sts & Bridges Etc Total 43,248 - (43,248) U - - - F

Airport 288,787 445,401 156,614 F 593,895 593,895 - F


Transport Total (925,320) (950,733) 25,413 F (1,267,636) (1,121,136) 146,500 F

Commentary



Original


Airport Runway Extensions-Airport - 1,000,000 1,000,000 - F

Rafp - Grant Lighting - 233,150 233,150 - F

Construction Rds, Sts & Bridges EtcRoads - Capital Works 1,191,284 2,210,337 2,086,337 124,000 F

Roads - Blackspot Capital Works - - - - F

Road Plant Capital Bitumen Emulsion Pump 1,548 20,000 - 20,000 F

Ride-On Mower - 15,000 15,000 - F

Works Uility 63,975 70,000 64,000 6,000 F

1,256,807 3,548,487 3,398,487 150,000 F

Expenditure: Savings in labour costs for

Maintenance Rds, Sts & Bridges and lower then

budgeted depreciation on the Airport. The

unbudgeted spend in Maintenance Roads relates to

WANDRRA flooding damage, which will be

reimbursed over a $141,000 spend

Expenditure: Expected savings in street

maintenance and repairs

Revenue: Relates to grant revenue for roads, which is

timing and the grants for the Airport yet to be

received

Revenue: Small grant for street l ighting declined

-

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Transport - Income


-

1,000,000

2,000,000

3,000,000

4,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Transport - Costs


of 200


Economic Services Management Report for March 2014


Economic Services YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Travel & Tourism Centre 223,211 262,494 (39,283) U 350,000 390,000 40,000 F

Cafe Area 3,320 - 3,320 F - - - F

Property Other 37,808 26,622 11,186 F 35,500 50,000 14,500 F

Tourism Area Promotion - - - F - - - F

Building Control 2,825 46,485 (43,660) U 62,000 10,000 (52,000) U

Economic Development - - - F - - - F

Total Income 267,165 335,601 (68,436) U 447,500 450,000 2,500 F

Expenditure

Travel & Tourism Centre 567,484 636,696 69,212 F 849,048 875,548 (26,500) U

Cafe Area 19,116 19,296 180 F 25,730 28,230 (2,500) U

Property Other 52,583 42,147 (10,436) U 56,234 81,234 (25,000) U

Tourism Area Promotion 25,176 58,113 32,937 F 77,500 76,500 1,000 F

Building Control 63,063 71,820 8,757 F 95,805 85,825 9,980 F

Economic Development 146,893 194,922 48,029 F 259,950 259,950 - F

Total Expenditure 874,314 1,022,994 148,680 F 1,364,267 1,407,287 (43,020) U

Economic Services Total (607,150) (687,393) 80,243 F (916,767) (957,287) (40,520) U

Commentary



Original


Cafe Area Cafe Remediation Works - 50,000 50,000 - F

Travel & Tourism Centre Travel & Tourism Centre - Screens - - - - F

Travel & Tourism Centre - Electrical Works 75 - - - F

Travel & Tourism Centre - Plumbing Works 80 - - - F

155 50,000 50,000 - F

Revenue: Travel & Tourism behind budget year to

date, however heading into busy season. Building

control revenue has been lost due to Dept. of

Housing no longer required to get building l icences

Revenue: Travel & tourism is expected to achieved

higher then budget product sales. Building Control

revenue is expected to be well below budget as a

result of the Dept. of Housing, no longer required to

get building l icences through the Shire

Expenditure: Travel & Tourism cost savings to

budget will be consumed as we move into the busy

season. Economic Development favourable

variance is timing differences and will be expended

by year end

Expenditure: Travel & Tourism cost of products are

up (offset above). The Property Other variance

relates to legal cost to update leases.

-

100,000

200,000

300,000

400,000

500,000

Economic Services - Income


-

500,000

1,000,000

1,500,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Economic Services - Costs


of 200


Other Property Services Management Report for March 2014


Other Property Services YTD Actual YTD Budget Variance

Original

Budget YE Forecast

Budget

Variance

Income

Administration 16,702 5,329 11,373 F 6,838 21,838 15,000 F

Integrated Planning - - - F - - - F

Private Works 9,893 11,250 (1,357) U 15,000 15,000 - F

Public Works Overheads General - - - F - - - F

Infrastructure Management - - - F - - - F

Plant Operating Expenses 2,500 9,747 (7,247) U 13,000 3,000 (10,000) U

Miscellaneous 3,985 150,000 (146,015) U 150,000 350,000 200,000 F

Yarliyil Arts Centre 1,261,362 308,646 952,716 F 411,550 1,672,906 1,261,356 F

Total Income 1,294,441 484,972 809,469 F 596,388 2,062,744 1,466,356 F

Expenditure

Administration 33,962 4,410 (29,552) U 5,999 80,999 (75,000) U

Integrated Planning 19,008 151,488 132,480 F 202,000 202,000 - F

Private Works 10,133 12,984 2,851 F 17,312 17,312 - F

Public Works Overheads General 48,036- 90- 47,946 F 0 432,000 (432,000) U

Infrastructure Management 167,512 197,190 29,678 F 262,957 309,957 (47,000) U

Plant Operating Expenses 114,818 9,729 (105,089) U 13,000 13,000- 26,000 F

Miscellaneous 318,063 189,090 (128,973) U 252,164 423,664 (171,500) U

Yarliyil Arts Centre 163,136 175,167 12,031 F 233,550 243,550 (10,000) U

Total Expenditure 778,596 739,968 (38,628) U 986,983 1,696,483 (709,500) U

Other Property Services 515,846 (254,996) 770,842 F (390,595) 366,261 756,856 F

Commentary



Original


Administration Office - Computers, Printers & Software - 50,000 32,000 18,000 F

Miscellaneous Satellite Phones 572 5,000 5,000 - F

Office Furniture & Equipment 17,891 - 18,000 (18,000) U

Pooled Vehicles - Administration 62,892 45,000 70,000 (25,000) U

Office - Additions & Renovations - - - - F

Yarliyil Arts Centre Construction Yaryilil Arts Building 11,033 178,000 1,424,356 (1,246,356) U

92,388 278,000 1,549,356 (1,271,356) U

Revenue: Unfavourable variance for Miscellaneous

relates to Insurance claim income that has not yet

been finalised. Favourable variance is the

unbudgeted grant funding for Yarliyil Arts Centre

Revenue: Miscellaneous favourable variance

relates to expected insurance recovery. Yarliyil Arts

Centre variance is the unbudgeted grant for

construction (Capital spend also unbudgeted)

Expenditure: Integrated Planning costs below budget

due to the project awaiting the commencement of

Strategic Planning Manager. Plant recoveries low

util isation, creating an unfavourable variance .

Expenditure: The fix up in Public Works Overheads

will eliminate the unfavourable variance. The

Miscellaneous variance relates to insurance claim

costs, offset in income above

Miscellaneous variance is insurance claim

costs, to be reimbursed

-

1,000,000

2,000,000

3,000,000Ju

l-1

3

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Other Property Services -Income


-

500,000

1,000,000

1,500,000

2,000,000

Jul-

13

Au

g-1

3

Sep

-13

Oct

-13

No

v-1

3

De

c-13

Jan

-14

Feb

-14

Ma

r-14

Ap

r-1

4

Ma

y-1

4

Jun

-14

Other Property Services - Costs


of 200


STATEMENT OF CASH POSITION AS AT 31 March 2014

Cash Funds

Municipal Cash on Hand 1,335.00

Municipal Account - General 3,144,001.96

Municipal Account - Restricted 608,023.00

Reserve Funds 4,372,115.72

Total Cash Funds 8,125,475.68$

THIS IS REPRESENTED BY ;

Cash Reserves

Employee Entitlement 294,284.19

Office Equipment 14,466.49

Office Redevelopment 577,586.08

Aboriginal EHO Vehicle -

Airport Operating 390,771.45

Plant Replacement 1,568,856.78

Acquatic Centre 255,729.74

Staff Housing 1,037,584.39

Rebroadcasting 36,704.77

EDL Community Donations 196,131.83

Total Reserve Funds 4,372,115.72$

Unspent Grants 608,023.00$

Available Funds 3,145,336.96

TOTAL FUNDS 8,125,475.68$

of 200


Revenues and Expenditures at a Glance 31 March 2014

Month

July

Aug

Sept

Oct

Nov

Dec

Jan

Feb

Mar

April

May

June

Month

July

Aug

Sept

Oct

Nov

Dec

Jan

Feb

Mar

April

May

June

Month

0

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

16,000,000

July Sept Nov Jan Mar May

Operational Expenditure by Month

YTD Actuals YTD Budget

0

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000


Operational Income by Month

YTD Actuals YTD Budget

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

8,000,000

9,000,000


Capital Expenditure By Month

YTD Budget YTD Actuals

-

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

Operational Expenditure

Adopted Budget Actual Expenditure

-

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

Administration Gross Salaries

Operational Expenditure


-

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

4,500,000

Roads &Streets

Buildings Plant Other

Capital Expenditure


-

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

Rates Fees &Charges

InterestEarnt

Other OperatingGrants

CapitalGrants

Income By Type

Adopted Budget Actual Income

-

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

UnRestricted Restricted Reserves

Cash

30-Jun-13 Actual

of 200


Statement of Financial Activity

2013/2014 2013/2014 31/03/2014 31/03/2014 VARIANCE $ VARIANCE %

Adopted

Budget

Current

Budget

Budget

Estimate YTD YTD Actual

Budget

EstimateYTD to

Actual YTD

Budget YTD

Estimate to

Actual YTD

Opening Funds 01 July 6,347,476 6,347,476 6,347,476 6,347,476 - 0.00%

Operating Income

Rates 1,759,660 1,759,660 1,319,742 1,754,281 434,539 32.93%

General Purpose Funding 2,115,352 2,115,352 1,586,466 1,524,448 (62,018) -3.91%

Governance - - - 0 - 0.00%

Law , Order & Safety 15,500 75,500 56,610 108,711 52,101 92.04%

Health 390,304 390,304 300,292 205,874 (94,418) -31.44%

Welfare 923,515 923,515 692,622 193,267 (499,355) -72.10%

Housing 3,498,287 986,155 739,611 953,648 214,037 28.94%

Community amenities 387,000 369,000 276,723 324,954 48,231 17.43%

Recreation & Culture 298,615 225,515 169,101 170,792 1,691 1.00%

Transport 2,300,951 2,297,451 1,723,050 1,542,072 (180,978) -10.50%

Economic Services 447,500 450,000 337,491 267,165 (70,326) -20.84%

Other Property & Services 596,388 2,062,744 1,598,843 1,294,441 (304,402) -19.04%

12,733,072 11,655,196 8,800,551 8,339,653 (460,898) -5.24%

Other Income

Transfers from Reserves 158,344 154,344 33,714 33,714 0.00%

New Loans - - - - 0.00%

158,344 154,344 - 33,714 33,714 0.00%

Total Funds 19,238,892 18,157,016 15,148,027 14,720,843 (427,184) (0)

Operating Expenditure

General Purpose Funding 595,270 625,270 468,900 421,158 (47,742) -10.18%

Governance 1,081,636 1,081,636 812,608 475,857 (336,751) -41.44%

Law , Order & Safety 469,328 519,328 389,385 276,818 (112,567) -28.91%

Health 704,677 724,677 543,339 474,235 (69,104) -12.72%

Welfare 1,417,069 1,417,069 1,062,774 811,220 (251,554) -23.67%

Housing 142,000 150,700 112,887 116,144 3,257 2.88%

Community amenities 1,551,714 1,165,215 873,846 1,032,053 158,207 18.10%

Recreation & Culture 2,364,430 2,199,030 1,649,025 1,540,125 (108,900) -6.60%

Transport 3,568,587 3,418,587 2,563,911 2,467,392 (96,519) -3.76%

Economic Services 1,364,267 1,407,287 1,055,313 874,314 (180,999) -17.15%

Other Property & Services 975,963 1,685,463 1,266,442 778,596 (487,846) -38.52%

14,234,942 14,394,262 10,798,430 9,267,911 (1,530,519) -14.17%

Capital Expenditure

Governance - - - - - 0.00%

Law , Order & Public Safety 25,000 25,000 18,747 - (18,747) 0.00%

Health 90,000 45,000 33,750 44,456 10,706 0.00%

Education & Welfare - - - - - 0.00%

Housing 3,460,000 1,220,000 914,985 907,683 (7,302) -0.80%

Community Amenities 486,126 449,126 336,843 205,401 (131,442) 0.00%

Recreation & Culture 346,000 112,000 83,997 66,039 (17,958) -21.38%

Transport 3,548,487 3,398,487 2,644,619 1,256,807 (1,387,812) -52.48%

Economic Services 50,000 50,000 37,494 155 (37,339) 0.00%

Other Property & Services 278,000 1,549,356 1,518,100 92,388 (1,425,712) -93.91%

Works In progress - - - - -

8,283,613 6,848,969 5,588,535 2,572,928 (3,015,607) 0.00%

Other Expenditure

Loan Repayments (principal) 98,647 98,647 73,971 73,430 (541) -0.73%

Transfers to Reserves 170,600 170,600 127,944 117,039 (10,905) 0.00%

269,247 269,247 201,915 190,469 (11,446) -5.67%

Total Expenditure 22,787,801 21,512,478 16,588,880 12,031,308.02 (4,557,572) -27.47%

REMOVE NON CASH ITEMS (Included in Above)

Depreciation 3,221,446 3,281,446 2,461,014 2,364,392 (96,622) -3.93%

Provisions/Accruals (83,138) 16,862 12,645 (41,110) 53,755.47- 0.00%

Net w ritten dow n value (assets sold) 410,600 407,600 298,091 410,405 112,314 0.00%

3,548,908 3,705,908 2,771,750 2,733,687 (38,063) -3.93%

Surplus / (Deficit) (1) 350,447 1,330,897 5,423,222 4,092,325

(Or Net Current Assets)

of 200


Net Current Asset Position

As At 31-March-2014

31/03/2014 01-July-2013 2012/2013

YTD Opening Balance

Actuals Brought Forward Budget

Cash on Hand - Petty Cash Floats 1,335 1,335 1,235

3,144,002 10,475,917 643,527

Cash at Bank - Restricted - Unspent Grants 608,023 1,130,545 -

Cash at Bank - Restricted Reserve Funds 4,372,116 4,288,790 3,175,660

Sundry Debtors & Prepayments 838,264 779,791 75,000

Rates Debtors 729,888 344,382 185,000

ESL Levy (1,662) -

Inventories/Stock on Hand 193,392 193,392 52,000

GST - Refund from ATO (212) - -

TOTAL CURRENT ASSETS 9,885,145 17,214,152 4,132,422

Creditors and Accruals (110,587) (6,578,404) (956,762)

(371,354) (396,252) (322,000)

Employee Time in Lieu (98,942) (140,052)

Current Loan liability (25,217) (98,647) (80,311)

GST - Payable to ATO 100 -

TOTAL CURRENT LIABILITIES (606,000) (7,213,355) (1,359,073)

9,279,146 10,000,797 2,773,349

Adjustments

Items not included in calculation of Surplus/(Deficiency)

Less Reserve Accounts 4,372,115.72- (4,288,790) (3,175,660)

Add Trust Creditors (4,218) 518

Add Employee Provisions (Provided for within Budget) 495,193 536,304 322,000

Add Accrued LSL non current -

Add Long Term Borrowings (Provided for within Budget) 25,217 98,647 80,311

5,423,222 6,347,476 -

Cash at Bank - Municipal Fund - General monies

CURRENT ASSETS

REVISED NET CURRENT ASSETS POSITION

CURRENT LIABILITIES

Employee entitlements

NET CURRENT ASSETS POSITION

of 200


Capital Expenditure as at 28/02/2014 – By Program

Description Job Description Original Budget Current Budget YTD Budget YTD Actual

Variance

(%)

Governance

Governance Total $0.00 $0.00 $0.00 $0.00

Law Order & Public Safety

MULTI PURPOSE FIRE TRAILER $15,000.00 $15,000.00 $11,250.00 $0.00 -100.00%

CAT POUND $10,000.00 $10,000.00 $7,497.00 $0.00 -100.00%

Law Order & Public Safety Total $25,000.00 $25,000.00 $18,747.00 $0.00 -200.00%

Health

VEHICLE - ABORIGINAL HEALTH $90,000.00 $45,000.00 $33,750.00 $44,455.51 31.72%

Health Total $90,000.00 $45,000.00 $33,750.00 $44,455.51

Education & Welfare

Education & Welfare Total $0.00 $0.00 $0.00 $0.00

Housing

CAPITAL - 120 ROBERTA AVE $950,000.00 $0.00 $0.00 $0.00

FIT OUT - JINGUL ST $40,000.00 $60,000.00 $45,000.00 $43,984.81 -2.26%

FIT OUT - BRIDGE ST $40,000.00 $40,000.00 $29,997.00 $9,441.00 -68.53%

CONSTRUCTION - 134 JINGULL STREET $500,000.00 $500,000.00 $374,994.00 $363,105.11 -3.17%

CONSTRUCTION - 141 JINGULL STREET $450,000.00 $450,000.00 $337,500.00 $363,048.47 7.57%

CONSTRUCTION - 190 BRIDGE STREET $950,000.00 $0.00 $0.00 $0.00

LAND PURCHASE FOR BUILDING $450,000.00 $0.00 $0.00 $0.00

RELOCATION OF DONGAS TO RACEOURSE $40,000.00 $40,000.00 $29,997.00 $0.00 -100.00%

237 QUILTY ST - CONSTRUCTION $0.00 $90,000.00 $67,500.00 $89,557.73 32.68%

237 QUILTY ST - FINAL FITOUT & FURNISHING $40,000.00 $40,000.00 $29,997.00 $38,545.45 28.50%

Housing Total $3,460,000.00 $1,220,000.00 $914,985.00 $907,682.57

Community Amenities

REFUSE SITE - IMPROVEMENTS $40,000.00 $40,000.00 $29,997.00 $0.00 -100.00%

WOOD CHIPPER $90,000.00 $0.00 $0.00 $0.00

CEMETERY IMPROVEMENTS $10,000.00 $9,000.00 $6,750.00 $0.00 -100.00%

PUBLIC TOILETS $346,126.00 $400,126.00 $300,096.00 $204,906.00

PUBLIC TOILETS $0.00 $0.00 $0.00 $495.00

Community Amenities Total $486,126.00 $449,126.00 $336,843.00 $205,401.00

Recreation & Culture

CIVIC HALL - UPGRADE $20,000.00 $0.00 $0.00 $0.00

CIVIC HALL - SECURITY $20,000.00 $11,000.00 $8,253.00 $7,882.76 -4.49%

COACH PARK - STAGE UPGRADE $10,000.00 $5,000.00 $3,753.00 $0.00 -100.00%

PARK SEATING $50,000.00 $25,000.00 $18,747.00 $34,272.73 82.82%

OVAL - RETICULATION $50,000.00 $0.00 $0.00 $0.00

GRANT - DCD GYMNASIUM & RECREATION EQUIPMENT $20,000.00 $0.00 $0.00 $645.91

GYM - BUILDING EXTENSION $15,000.00 $15,000.00 $11,250.00 $0.00 -100.00%

SOLAR HEATING $65,000.00 $0.00 $0.00 $0.00

AQUATIC CENTRE - SECURITY $30,000.00 $25,000.00 $18,747.00 $16,803.91 -10.36%

SHADE STRUCTURES $6,000.00 $6,000.00 $4,500.00 $6,433.96 42.98%

RECREATION CENTRE COURTS - GRASSING $10,000.00 $0.00 $0.00 $0.00

CHEMICAL WASH & FENCING $50,000.00 $25,000.00 $18,747.00 $0.00 -100.00%

Recreation & Culture Total $346,000.00 $112,000.00 $83,997.00 $66,039.27

Transport

ROADS - CAPITAL WORKS $2,210,337.00 $2,086,337.00 $1,660,514.00 $1,191,284.09

ROADS - CAPITAL WORKS 120020 Tanami Rd 2013-2014 $143,787.00 $186,787.00 $140,094.00 $186,195.90 32.91%

ROADS - CAPITAL WORKS 120304 Gordon Downs $514,098.00 $633,544.00 $633,544.00 $43,200.00 -93.18%

ROADS - CAPITAL WORKS 120202 Duncan Road $660,000.00 $701,854.00 $701,854.00 $701,854.30 0.00%

ROADS - CAPITAL WORKS 120016 Mardiwah Loop Footpath $175,000.00 $0.00 $0.00 $0.00

ROADS - CAPITAL WORKS 120015 Nicholson Block Seal $400,000.00 $246,700.00 $185,022.00 $246,561.62 33.26%

ROADS - CAPITAL WORKS 120017 Town Street Sealing/Re-Sealing - Other Streets$317,452.00 $317,452.00 $0.00 $13,472.27

Airport $1,233,150.00 $1,233,150.00 $924,858.00 $0.00

RUNWAY EXTENSIONS-AIRPORT $1,000,000.00 $1,000,000.00 $749,997.00 $0.00 -100.00%

RAFP - GRANT LIGHTING $233,150.00 $233,150.00 $174,861.00 $0.00 -100.00%

Plant $105,000.00 $79,000.00 $59,247.00 $65,522.67 10.59%

BITUMEN EMULSION PUMP $20,000.00 $0.00 $0.00 $1,547.88

RIDE-ON MOWER $15,000.00 $15,000.00 $11,250.00 $0.00 -100.00%

WORKS UILITY $70,000.00 $64,000.00 $47,997.00 $63,974.79 33.29%

Transport Total $3,548,487.00 $3,398,487.00 $2,644,619.00 $1,256,806.76

of 200


Capital Expenditure as at 28/02/2014 – By Program (cont’d)

Economic Services

CAFE REMEDIATION WORKS $50,000.00 $50,000.00 $37,494.00 $0.00

TRAVEL & TOURISM CENTRE - ELECTRICAL WORKS $0.00 $0.00 $0.00 $75.00

TRAVEL & TOURISM CENTRE - PLUMBING WORKS $0.00 $0.00 $0.00 $80.00

Economic Services Total $50,000.00 $50,000.00 $37,494.00 $155.00

Other Property Services

OFFICE - COMPUTERS, PRINTERS & SOFTWARE $50,000.00 $32,000.00 $24,003.00 $0.00

OFFICE FURNITURE & EQUIPMENT $0.00 $18,000.00 $13,500.00 $17,891.09

SATELLITE PHONES $5,000.00 $5,000.00 $3,744.00 $572.30

POOLED VEHICLES - ADMINISTRATION $45,000.00 $70,000.00 $52,497.00 $62,891.59

CONSTRUCTION YARYILIL ARTS BUILDING $178,000.00 $1,424,356.00 $1,424,356.00 $11,032.75

$278,000.00 $1,549,356.00 $1,518,100.00 $92,387.73

Total Capital Purchases $8,283,613.00 $6,848,969.00 $5,588,535.00 $2,572,927.84

Work In Progress

WORK IN PROGRESS (ASSET) $425,521.06 $0.00 $0.00 $0.00 $0.00

Reserve Transfers

TFR TO OFFICE EQUIPMENT RESERV $0.00 $0.00 $0.00 $0.00

TFR TO RESERVE - ENERGY DEVELOPMENT $0.00 $0.00 $0.00 $5,445.79

TFR TO LEAVE RESERVE $170,600.00 $170,600.00 $127,944.00 $7,856.13

TFR TO COMPUTER UPGRADE RESERV $0.00 $0.00 $0.00 $386.19

TFR TO OFFICE REDEVELOP. RES $0.00 $0.00 $0.00 $15,419.08

TFR TO AEHO VEHICLE RESERVE $0.00 $0.00 $0.00 $113.92

TFR TO AIRPORT OPERATE.RESERVE $0.00 $0.00 $0.00 $10,431.92

TFR TO PLANT RESERVE $0.00 $0.00 $0.00 $41,881.77

TFR TO STAFF HOUSING RESERVE $0.00 $0.00 $0.00 $27,699.06

TFR TO AQUATIC RESERVE $0.00 $0.00 $0.00 $6,826.89

TFR TO RESERVE - REBROADCASTING $0.00 $0.00 $0.00 $978.13

Sub Total Reserves In $170,600.00 $170,600.00 $127,944.00 $117,038.88

TRF FROM AEHO VEHICLE RESERVE -$8,344.00 -$4,344.00 -$3,258.00 -$8,457.53

TFR FROM AIRPORT OP RESERVE -$150,000.00 -$150,000.00 -$112,500.00 $0.00

TFR FROM EDL COMMUNITY DONATION RESERVE $0.00 $0.00 $0.00 -$25,256.00

Sub Total Reserves Out -$158,344.00 -$154,344.00 -$115,758.00 -$33,713.53

Reserves Total $12,256.00 $16,256.00 $12,186.00 $83,325.35

of 200


Item Number: 9.6.2

Subject: Financial Investment Report Reporting Officer: Financial Services Manager – Teresa

Foster


Declaration of Financial Interest: Reporting Officer: Nil

Councillors: Matter for Consideration:

Information report regarding current investments.

Background: The current investment information is required to be presented to Council, in accordance with Policy FIN06 FINANCIAL INVESTMENTS.

This report contains the current investment information for both reserve

and municipal funds. Statutory Environment: Nil

Policy Implications:

Complies with Policy FIN06 FINANCIAL INVESTMENTS. Financial Implications:

Interest earned on investments is income for the Shire.

Strategic Implications: Broadly speaking, this is part of the overall approach to effective financial management of the Shire’s cash resources and ensuring best use of those

funds. Any extra interest earned (over the budget allowance) is surplus cash to the Shire that can be used in a number of ways.

Comments:

Municipal funds: There are no municipal funds invested at the moment, although funds have been transferred to the higher interest bearing operating account.

Cash-flow projections will be reviewed to ascertain if there are surplus

funds that can be invested. The 2013-2014 budget has allowed $100,000 of interest income from

municipal investments. As at March 2014, interest earned was $129,329 year to date.

Reserve funds: $3,173,136.92 has been invested for a period of 91 days due to mature

19 May 2014. Expected interest earnings at maturity will be $27,926.21.

$1,184,469.53 has been invested for a period of 91 days due to mature 19 March 2014. Expected interest earnings at maturity will be $10,424.31.

of 200


$104,672 interest has already been earned this financial year, and following the maturity of current investments, it is anticipated that the Shire will have earned $143,022.

The total interest budgeted for Reserve funds in 2013-2014 is $170,600.

With current available interest rates relatively low (averaging around 3.5% to 3.7%), it is anticipated that the reserve interest slightly below budget expectations.

All investments are ‘trustee grade’ investments with practically no default

risk involved. They are short-term face value investments with major Australian banks. All investments are done in compliance with Policy FIN06 – FINANCIAL INVESTMENTS.

Officer’s Recommendation

That the Officer’s Report be accepted. Voting Requirement Simple Majority

of 200

RESERVE FUNDS

INVESTMENT REGISTER AS AT 31/03/2014

Fund

Source Account # Product Institution

S&P

Rating

Investment

Date

Maturity

Date Term % pa

Investment

Amount

Projected Interest to

be earned

Reserve 009263 Bank of QLD via Curve Securities

Bank of QLD A2/BBB+ 17/02/2014 19/05/2014 91 days 3.53 $3,173,136.92 $27,926.21

Total Investments

$3,173,136.92

Fund Source

Account # Product Institution S&P Rating

Investment Date

Maturity Date

Term % pa Investment Amount

Projected Interest to

be earned

Reserve 009264 Bank of QLD via Curve Securities

Bank of QLD A2/BBB+ 17/02/2014 19/05/2014 91 days 3.53 $1,184,469.53 $10,424.31

Total Investments

$1,184,469.53

of 200

10. REPORT OF THE LOCAL EMERGENCY MANAGEMENT COMMITTEE A report of the meeting of the Local Emergency Management Committee of

the Shire of Halls Creek held in the Council Chamber, Thomas St, Halls Creek on 3 April 2014.

The meeting commenced at 3.45pm

PRESENT: Cr Chris Loessl- In the Chair, Sgt Mark Harring (OIC, Halls Creek Police), Angela Hoy (Infrastructure Assets Manager,

SoHC), John Dudley (VSU), Graham Sears (DFES) and Rola Tawbe (Acting Director of Nursing, Halls Creek Hospital).

IN ATTENDANCE: Cr Malcolm Edwards, Peter Allerman (Airport Manager), Craig Walker (Senior Ranger, SoHC), Danielle Nunn

(Executive Services Assistant, SoHC) and Cahal O’Sullwan (Halls Creek Hospital).

APOLOGIES: Rodger Kerr-Newell (CEO, SoHC), Heather Perkins (Executive Services Manager, SoHC), Matthew Reimer

(DFES), Grant Astles (VSU), John Wheelock (DFES), Phil Kuhne (DCP) and Ian Benjamin (Yura Yungi MS)

VISITORS: Nil

1. Confirmation of Minutes of the LEMC meeting held 6 February 2014

Moved: Cr Chris Loessl Seconded: Mark Harring

That the minutes of the Local Emergency Management Committee meeting held on 6 February 2014 be confirmed as a true and correct record of the

meeting. CARRIED 5/0

Resolution no. L 2014/02

2. Correspondence in

2.1 Lewis Winter 25.03.2014 State Forum reviewing results from Remote Aboriginal Communities Workshops

It was noted that Cr Loessl attended the State Forum reviewing emergency management in Remote Aboriginal Communities.

3. Adoption of AWARE Report

Moved: Mark Harring Seconded: Cr Chris Loessl

That the Committee recommend to Council that the AWARE report of Community Emergency Risk Assessment prepared by John Lane be accepted.

CARRIED 5/0

Resolution no. L 2014/03

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4. Nomination of Executive Officer

Moved: Cr Chris Loessl Seconded: Mark Harring

That the Executive Services Assistant be appointed as the Executive Officer for the Shire of Halls Creek Local Emergency Management Committee

CARRIED 5/0 Resolution no. L 2014/04

5. Airport Emergency Committee

Peter Allerman noted that he was updating the Halls Creek Aerodrome Emergency Plan and asked that all involved parties update their contact

details by next meeting. 6. Tabletop Exercise

A tabletop exercise was held based on the scenario that an aeroplane

travelling to the Bungles has had an engine failure and is now missing. A report of the exercise is being compiled and will be tabled at the next LEMC meeting.

7. General Business

LEMC Schedule It was suggested that the LEMC meeting dates be changed to be held

before the regional emergency management meetings.

There being no further business, the LEMC meeting was declared closed at 5.00pm

Recommendation: That the report of the Local Emergency Management Committee meeting of 3

April 2014 be received and that the Committee’s recommendations be adopted.


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11. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING

13. GENERAL BUSINESS

14. CLOSURE OF MEETING

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