SHIRE OF BREWARRINA · The Council of the SHIRE OF BREWARRINA OUR REF: C13-1 sp/rj 10 January 2007...

The Council of the

SHIRE OF BREWARRINA

OUR REF: C13-1 sp/rj

10 January 2007 NOTICE OF ORDINARY MEETING

NOTICE is hereby given that an ORDINARY MEETING of the Council of Brewarrina will be held on Friday 19 January 2007 commencing at 10.00 am at the Brewarrina Shire Council Chambers for the transaction of the following business. AGENDA ORDINARY MEETING OF COUNCIL 1. Opening Prayer 2. Present 3. Apologies 4. Declaration of pecuniary interest on item 5. Confirmation of Minutes:

- Ordinary Meeting of Friday 15 December 2006 - Extraordinary Meeting of Monday 18 December 2006 6. Reports from other committees

- Minutes of the Outback Arts Executive General Meeting held on Wednesday 16 August 2006 - Minutes of the Barwon Darling Alliance Annual General Meeting held on Thursday 9 November 2006 - Minutes of the Barwon Darling Alliance Meeting held on Thursday 9 November 2006

-Minutes of the Brewarrina’s Award Consultative Committee - Youth Sport & Recreation 7. Petition if tabled 8. Mayoral Minute

All communications to be addressed to the General Manager SHIRE OFFICE 57 Bathurst Street BREWARRINA NSW 2839PO Box 125 BREWARRINA NSW 2839Telephone: (02) 6839 2106Fax: (02) 6839 2100Email: [email protected]

THE BREWARRINA SHIRE IS SITUATED IN THE LIVING OUTBACK OF NEW SOUTH WALES WITHIN THE MURRAY DARLING BASIN, ON AUSTRALIA’S LONGEST RIVER SYSTEM.

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9. Motions for which due notice has been given Notice for motion to rescind resolution 309/06 moved at Extraordinary Meeting of the Council held on Monday 18th December 2006 and adopt an alternate motion.

10. Reports: • General Manager

Items 1. Department of Sport & Recreation reduction of fees 2. Brewarrina Enterprise Alliance

• Manager Finance

Items 1. Financial Report

• Director Technical Services Nil

• Manager Health & Building Items 1. Dog Control 2. Development Approvals • Youth Centre

Nil 12. Delegations: 12.00 Bill Palmer – Brewarrina Murdi Paaki Reference Group 12.30 Police 12.45 Mr Michael McCosker – Administrative Services DOCS Yours faithfully Sunil Prakash General Manager

THE BREWARRINA SHIRE IS SITUATED IN THE LIVING OUTBACK OF NEW SOUTH WALES WITHIN THE MURRAY DARLING BASIN, ON AUSTRALIA’S LONGEST RIVER SYSTEM.

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MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA HELD AT BREWARRINA ON FRIDAY 15 DECEMBER 2006

Page 1 / 4 OF THE MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF BREWARRINA HELD AT BREWARRINA ON FRIDAY 15 DECEMBER 2006

.................................................. .................................................. GENERAL MANAGER MAYOR

10.09am Present Mayor Ted Simpson, Councillors Wulf Reichler, Clare Kesby, Mark Brown, Matthew Slacksmith, Ron Mason, Angus Geddes, Wayne Neale, Acting General Manager Linda Hutchinson and Executive Assistant Janine Mitchell. Mayor Simpson opened the meeting with a prayer. Apologies Councillors Jenny McLellan, Stephen Gordon, Stan Kirby and John Burke. Resolved: 295/06 Moved: by Councillors Mark Brown and Ron Mason: That the apologies be accepted and a leave of absence from the Council Meeting on Friday 15 December 2006, be granted.

Declaration of pecuniary interest on item Nil Minutes of the Ordinary Meeting of Friday 24 November 2006 Resolved: 296/06 Moved: by Councillors Mark Brown and Wulf Reichler: That the Minutes of the Ordinary Meeting of 24 November 2006 covered by resolutions 268/06 to 294/06 be adopted. Business Arising Councillor Mason enquired about the lease for the Goodooga Bowling Club as to the length of the lease, whether it be ten years with the option of another ten years or a four by five year lease. The Mayor stated that the options for the lease would depend upon the amount of funding being contributed and that the Shire would be supportive of whichever option was chosen, whether it be a short or long term lease or even the option of selling the building. It was suggested that Councillor Ron Mason discuss this further with the General Manager upon his return. Reports from Other Committees Minutes of the Goodooga/Lightning Ridge Murdi Paaki Reference Group Meeting of Friday 10 November 2006 Resolved: 297/06 Moved: by Councillors Clare Kesby and Ron Mason: That the Goodooga/Lightning Ridge Murdi Paaki Reference Group Meeting of Friday 10 November 2006 be received as information. Petition if tabled

Nil




Mayoral Minute Nil Motions for which due notice has been given Nil

Report of the General Manager – Sunil Prakash C13-1 1. Change of Council Meeting Date Resolved: 298/06 Moved: by Councillors Clare Kesby and Mark Brown: That Council change the date of the January 2007 Council meeting from 26 January 2007 to 19 January 2007 at 10.00am. C8-5 2. Relocation of DOCS Office For Council’s information A general discussion was held regarding this matter. It was stated that Mr Bryan Gieseler from the Department of Community Services has been sent an invitation to address Council at the next Council meeting in January 2007. Any questions relating to this matter could be addressed to Mr Gieseler. Resolved: 299/06 Moved: by Councillors Clare Kesby and Mark Brown: That item 2(two) of the General Manager’s information report be received as information. T3-2 3. Publication by Stephanie Sommerville – “Angels of Augustus – Pioneers of the Living Inland” For Council’s information Resolved: 300/06 Moved: by Councillors Matthew Slacksmith and Wulf Reichler: That item 3(three) of the General Manager’s information report be received as information. Items 4(four) and 5(five) of the General Manager’s Report were tabled as late items. S5-1 4. Conversion of two unused tennis courts Resolved: 301/06 Moved: by Councillors Matthew Slacksmith and Wulf Reichler: That the Council accept the quote from the Council’s Engineering Department, of $10,096.45 plus the cost of side fencing at approx. $1,500, which is a total cost of $11596.45, providing suitable funding is available to complete this project.




A11-11/P1-6 5. Department of Sport & Recreation reduction of fees Resolved: 302/06 Moved: by Councillors Matthew Slacksmith and Mark Brown: That the Council approve a review of the fees charged to the NSW Department of Sports and Recreation, for the use of Council facilities, namely the Geoff New Oval and the Brewarrina Community Centre, with recommendations submitted to the next Council meeting for consideration.

Report of the Manager Finance – Linda Hutchinson

Finance Manager’s Information Report – Linda Hutchinson F1-7 1. Financial Reports For Council’s information Resolved: 303/06 Moved: by Councillors Wulf Reichler and Matthew Slacksmith: That item 1 (one) of the Finance Manager’s Information Report be received as information. Group Manager Engineering Operations Group Manager Engineering Operations Information Report E5-1 1. Works Report For Council’s information Resolved: 304/06 Moved: by Councillors Angus Geddes and Wayne Neale: That the Group Manager Engineering Operations Information Report be received as information. Report of the Manager Environmental Health and Building – Francois Van der Berg H4-1 1. Affixing of Council Seal - Application for renewal of Class 2 Registration – Office of Community Housing Resolved: 305/06 Moved: by Councillors Matthew Slacksmith and Ron Mason: That Council endorses the approval for the General Manager and the Mayor to affix the Council Seal to the Application for Renewal of Class 2 Registration with the Office of Community Housing.




Manager Environmental Health & Building Information Report A8-2 2. Dog Control For Council’s information E6-13 3. Development Approvals For Council’s information Resolved: 306/06 Moved: by Councillors Matthew Slacksmith and Ron Mason: That items 2 (two) and 3 (three) of the Manager Environmental Health & Building Information Report be received as information. Report of the Manager Tourism & Economic Development Resolved: 307/06 Moved: by Councillors Mark Brown and Angus Geddes: That the Report of the Manager Tourism and Economic Development be received as information. Delegates Senior Sergeant Brett Marshall - Brewarrina Police Gave apologies due to staff being on leave. 11.00am Adjourn for Morning Tea. 11.39am Resume. Bill Palmer Gave apologies due to being ill. The Mayor wished the Councillors and all of the Indoor and Outdoor Staff a Merry Christmas and best wishes for the New Year. 12.45pm Councillor Wayne Neale enters Chambers. Councillor Ron Mason also wished the Council and all staff both Indoor and Outdoor a Merry Christmas and all the best for the New Year, and gave apologies for attending the Christmas Party. Meeting closed 11.51pm …………………………… CHAIRMAN

MINUTES OF THE MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA’s AWARD CONSULTATIVE COMMITTEE

HELD ON WEDNESDAY 6 DECEMBER 2006 COMMENCING at 9.00AM

PAGE 1 OF 2 THE MINUTES OF THE AWARD CONSULTATIVE COMMITTEE MEETING OF THE COUNCIL OF BREWARRINA HELD ON WEDNESDAY 6 DECEMBER 2006

9.12am Present: Terry Dray, Keith Wilson, Gary Turner, John Archer, Ray Taylor, Lisa Marshall,

Janine Mitchell and John Keenan. Apologies: Sunil Prakash and Adrian Beatty

Recommended: Keith Wilson and Gary Turner that the apologies be accepted. Minutes

1. Confirmation of the Minutes of 18 July 2006 and notes of 21 September 2006. Recommended: John Archer and Keith Wilson That the minutes of the meeting held on Tuesday 18 July 2006 and the notes of 21 September 2006 were a true and accurate record of proceedings.

Business Arising Discussions were held regarding the previous minutes with an amendment to be made to the heading “Salary System Progression Rules” to “Referral Agreement”, with the details of the Deed of Agreement below this heading. Under the Heading “Salary System Progression Rules”, the wording is to state that “This is to be reviewed” Organisational Structure The Organisational Structure is currently being reviewed and is in the process of being completed for all staff. This must be approved by Council. Salary System Progression Rules

This is to be reviewed annually and has not been reviewed since 2000. The General Manager and Human Resources Officer to review. Salary System/Job Reviews Once the Organisational Structure has been approved, then each position will be evaluated competencies will be reviewed and salaries will be linked to both positions and employees. Cleaner’s Position This position is currently under review and is to be discussed by Lisa Marshall and Terry Dray and will be further discussed with the General Manager. Tradesperson Position This position will be re-evaluated with all other positions once the Organisational Structure is completed.

MINUTES OF THE MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA’s AWARD CONSULTATIVE COMMITTEE

HELD ON WEDNESDAY 6 DECEMBER 2006 COMMENCING at 9.00AM

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Award Wage Increase This is the General Award wage increase which was effective from the first full pay period after 1 November 2006, it is based on the hourly rate of the 2004 State Award. Federal Award Increase Council has been advised of this increase and that it is effective from 1 December 2006. This will not be processed until further details are gathered regarding the hourly rates. Once the information is received then the wages will be back dated. General Business

The performance reviews were completed for all staff and their salaries will be back dated to April in the next pay run. Next Meeting The next meeting is to be advised after the Organisational Structure is approved by Council. There being no further business the meeting closed at 9.37am

____________________ CHAIRPERSON

MINUTES OF THE YOUTH SPORT & RECREATION COMMITTEE MEETING OF THE SHIRE OF BREWARRINA HELD AT THE BREWARRINA COUNCIL CHAMBERS

ON WEDNESDAY 13 DECEMBER 2006.

The meeting commenced at 11.50am PRESENT: Deputy Mayor Matthew Slacksmith, Councillor Clare Kesby, Angie Rose (Senior Youth Worker), John Keenan (Manager Administrative Services), James Buckley (Development Officer for Sport and Recreation) and Janine Mitchell (Executive Assistant). CHAIRPERSON: Deputy Mayor Matthew Slacksmith nominated Councillor Clare Kesby as Chairperson for this Committee. APOLOGIES: Mayor Ted Simpson and Councillor Stan Kirby. Recommended: by Deputy Mayor Matthew Slacksmith and seconded by Councillor Clare Kesby that the apologies be accepted. DECLARATION OF PECUNIARY INTEREST ON ITEM: Nil CONFIRMATION OF PREVIOUS MINUTES: 8 November 2006 Recommended: by Councillor Deputy Matthew Slacksmith, as no other Councillor is present at this meeting that was present at the previous meeting, that the minutes of 8 November 2006 be received and accepted as a true an accurate record . Business Arising Report of the Manager Administration and Community Services A report was tabled by John Keenan, Manager Administration and Community Services as attached. Recommended: by Deputy Mayor and Councillor Clare Kesby that the Committee invite members to the committee meetings to broaden representation but as non-voting representatives and to include the following;

Representative of the Department of Youth, Sport and Recreation; Representatives from Brewarrina Central School and St Patrick’s School; Community Facilitator; Police Liaison Officer; Representative from DOCS/Juvenile Justice;

Youth Centre Staff Discussions were held regarding Youth Centre Staff. It is required that the base of staff be expanded to include Casual Youth Worker Staff, that can be called upon in times of need. The staff will be required to be qualified and have all the necessary checks done.

THIS IS PAGE 1 OF 2 THE MINUTES OF THE YOUTH, SPORT AND RECREATION COMMITTEE MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA HELD AT THE BREWARRING COUNCIL

CHAMBERS ON WEDNESDAY 13 DECEMBER 2006

MINUTES OF THE YOUTH SPORT & RECREATION COMMITTEE MEETING OF THE SHIRE OF BREWARRINA HELD AT THE BREWARRINA COUNCIL CHAMBERS

ON WEDNESDAY 13 DECEMBER 2006.

It is suggested that advertisements for Staff begins as soon as possible as Staff will be required over the school holidays. Recommended: by Deputy Mayor Matthew Slacksmith and Councillor Clare Kesby that the Committee proceed with the advertising for Casual Youth Worker Staff as soon as possible. Youth Centre Rules The Youth Centre Rules were tabled and discussed by the Committee. Recommended: by Deputy Mayor Matthew Slacksmith and Councillor Clare Kesby that the Youth Centre Rules be received as information and accepted by the Committee. Conversion of Tennis Courts A report including the costings was tabled by John Keenan, Manager Administration and Community Services regarding the conversion of the tennis courts to a Basketball and Netball Court. There was the choice of two options

1. Moving the old basketball/Netball nets from the court at the Geoff New Oval and reusing them at the tennis courts.

2. The purchase of two new nets for the basketball/netball court at the tennis courts. Recommended: by Deputy Mayor Matthew Slacksmith and Councillor Clare Kesby that the conversion of the tennis courts to baskeball/netball courts with new nets and a dividing fence, be approved subject to all funding being sourced to complete the project. Recommended: by Deputy Mayor Matthew Slacksmith and Councillor Clare Kesby that the meeting be opened for a general discussion. Australia Day Nominations Discussions were held regarding the nominations for Australia Day. The Committee made their recommendations for the Australia Day Awards. Next Meeting The next meeting of the Youth, Sport and Recreation Committee is to be advised for 2007. Closure There being no further business the meeting closed at 1.03pm …………………………….. CHAIRPERSON

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CHAMBERS ON WEDNESDAY 13 DECEMBER 2006

MOTION FOR WHICH DUE NOTICE HAS BEEN GIVEN.

Notice for motion to rescind resolution 309/06 moved at Extraordinary Meeting of the Council held on Monday 18th December 2006 and adopt an alternate motion. Motion to be rescinded as section 360 & 372 of the Local Government Act 1993. Resolution: 309/06 Moved: by Councillors Wulf Reichler and Angus Geddes: That Council instruct Council’s legal representatives to seek a further stay on the Judgement made by the Court of Appeal on Friday 15 December 2006, and to prepare and file an application for special leave to appeal against that Judgement in the High Court. If rescission motion is passed then three Councillors signatures to the rescission motion will move the following Council although not pleased with the New South Wales State Supreme Court Appeal Judgement in the case of Brewarrina Shire Council v Beckhaus Civil Pty Ltd & Anor (2006) NSWCA 361 on 15 December 2006 Brewarrina Shire Council does not wish to instigate proceeding in High Court. That General Manager informs State Department of Local Government of the Court judgment and seeks their assistance to carryout rectifying works on the Brewarrina Levee. Cr. Edward Simpson Cr. Matthew Slack-Smith Cr. Wulf Reichler Cr. John Burke Cr. Stan Kirby Cr. Angus Geddes Cr. Clare Kesby Cr. Wayne Neale Cr. Mark Brown Cr. Stephen Gordon Cr. Ron Mason Cr. Jenny Mclellan

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Agenda Submission for Ordinary Meeting held 19th January 2007

TITLE: Brewarrina Shire Council v Beckhaus Civil Pty Ltd & Anor (2006)

NSWCA 361 on 15 December 2006 DOC REF: L3-2

REPORT BY:

Sunil Prakash – General Manager

DATE: 10/01/07

ATTACHMENTS:

Nil EXECUTIVE SUMMARY: Notice for motion to rescind resolution 309/06 moved at the Extraordinary Meeting of the Council held on Monday 18th December 2006 and adopt an alternate motion is being considered by the Council. This decision will have a major financial effect on the Council monetary status. NSW Court of Appeal in Judgement on 15th December 2006 dismissed Council’s Appeal on the following three points.

1. The costs of rectifying the work at the culverts; 2. The extent to which the levees constructed by Beckhaus Civil did not comply with the requirement

of 12% maximum linear shrinkage and the costs of rectifying the work that was defective in this respect.

3. Interest, if any. Court also awarded cost of this appeal (3rd) against Council. BACKGROUND A contract in the form of General Conditions of Contract AS2124-1992 (the contract) with annexed related documents including Technical Specifications (the Specifications) was entered into between the Council and Beckhaus Civil on 13 October 2001. Work commenced the following day and continued until March 2002 when it became apparent to the Council that having nearly completed the works, Beckhaus Civil was about to apply for a Certificate of Practical Completion. The contract also provided for the Council to appoint one of its employees to the position of Superintendent of Works. On 16 December 2001 a Mr Komp was so appointed. However, on 21 March 2002 Mr Komp was removed as superintendent and a Mr Corven was appointed in his place. Mr Corven, after carrying out various investigations, sent a series of letters to Beckhaus Civil alleging non-compliance with a number of the requirements of the Specifications. On 26 April 2002 Beckhaus Civil lodged Progress Claim No.7 in the amount of $702,678.45 in respect of which it claimed payment pursuant to s.8 of the Building and Construction Industry Security of Payment Act 1999 (the 1999 Act). It appears that Beckhaus Civil served a payment claim on the Council pursuant to s.13 of that Act but apparently the Council did not serve a payment schedule in reply. Accordingly, the Council became liable to pay the claimed amount to Beckhaus Civil pursuant to s.14(4) of the 1999 Act. It did not do so. Consequently Beckhaus Civil commenced proceedings in the Supreme Court pursuant to s.15(2) of the 1999 Act. Those proceedings went through a number of interlocutory stages including an application for summary judgment with respect to Beckhaus Civil’s claim. That application was granted by Associate Justice Macready (the primary judge) but set aside on appeal to the Appeal Court: Brewarrina Shire Council v Beckhaus Civil Pty Ltd (2003) 56 NSWLR 576. The Council filed both a defence and a cross-claim for breach of contract. The major issue on the cross-claim was an allegation that the fill utilised in the construction of the levee banks was not compacted in accordance with the specification requiring a compaction to 95% minimum dry density. One further issue was whether the contractual requirement of cl.8.10 of the Specifications had been achieved, being that the linear shrinkage value of the soil used to establish the levee banks be less than 12%. A second was whether the soil around the culverts, which was part of the levee banks, had been sufficiently compacted. The proceedings were heard by the primary judge in March, May and June 2004 and decided by his Honour on 16 September 2004 generally in favour of Beckhaus Civil (Beckhaus Civil Pty Ltd v Brewarrina Shire Council [2004] NSWSC 840). In essence, it was ordered that the Council pay Beckhaus Civil the sum of $905,009.53 including interest.

BREWARRINA SHIRE COUNCIL


The primary judge made final orders on 9 December 2004 after a further hearing relating to some outstanding issues in respect of which he delivered judgment on 7 December 2004 (Beckhaus Civil Pty Ltd v Brewarrina Shire Council (No 2) [2004] NSWSC 1160). However, the sum of $702,678.45 (which was the amount of Progress Claim No.7) had already been paid by the Council to Beckhaus Civil on 18 November 2002 pursuant to the terms of an order made by the Appeal Court staying the default judgment and orders made by the primary judge on 18 October 2002 which were ultimately set aside by the Court on 17 February 2003 in the proceedings Brewarrina Shire Council v Beckhaus Civil Pty Ltd (2003) 56 NSWLR 576. Court on 17 February 2003 in the proceedings Brewarrina Shire Council v Beckhaus Civil Pty Ltd (2003) 56 NSWLR 576. Provided for the following Judgement.

1. The appeal is upheld. 2. The summary judgment orders are set aside and leave to defend is granted. 3. The respondent is to pay the costs of the application for summary judgment and the costs of the

appeal The Council appealed against the orders made by the primary judge on 9 December 2004. On 4 August 2005 that appeal was allowed and the orders made by the primary judge following his judgments of 16 September 2004 and 7 December 2004 were set aside. An order was also made remitting some nine issues to his Honour for determination in the light of this Court’s reasons for judgment: Brewarrina Shire Council v Beckhaus Civil Pty Ltd [2005] NSWCA 248. Provided for the following Judgement.

1. The appeal be allowed. 2. The orders made by Master Macready following his judgments of 16 September 2004 and 7

December 2004 be set aside. 3. Beckhaus pay 70% of the Council's costs of the appeal and cross-appeal, and to have a certificate

under the Suitors' Fund Act, if otherwise eligible. 4. The following issues be remitted to Macready AsJ to determine in the light of the reasons for

judgment. i. The costs of rectifying the work at the culverts.

ii. The extent to which the levees constructed by Beckhaus did not comply with the requirement of 12% maximum linear shrinkage, and the costs of rectifying the work that was defective in this respect.

iii. The amount the Council would have paid to Beckhaus (including amounts due for variations affecting the cost of the work) if all the work had been duly completed by it in accordance with the Contract.

iv. The amount, if any, owing to Beckhaus by the Council for work that advanced the completion of the Contract (as assessed in accordance with the reasons for judgment).

v. The amount, if any, owing to Beckhaus by the Council in respect of the amount claimed under Variation 21.

vi. The amount, if any, owing to the Council by Beckhaus in respect of its cross-claims (as assessed in accordance with the reasons for judgment).

vii. Whether the Council should be given leave to amend its claim so as to be able to claim liquidated damages, and the resolution of such a claim (if it be allowed).

viii. Interest, if any. ix. The costs of the trial and the remitted hearing.

The primary judge determined the remitted matters on 17 November 2005 (the first judgment) (Beckhaus Civil Pty Ltd v Brewarrina Shire Council, 55025/02, Macready AJ). However, a number of ancillary issues were left undetermined but which his Honour decided in a judgment delivered on 16 December 2005 (the second judgment). There were still some outstanding matters which were determined by his Honour in a judgment delivered on 21 December 2005 (the third judgment) on which date his Honour made the following orders:

1. On the Plaintiff’s claim against the Defendant, verdict and judgment in favour of the Plaintiff in the sum of $686,914 inclusive of GST, such sum to be in satisfaction of each of the claims made in paragraphs 1, 2 and 3 of the Amended Summons.

2. On the Cross claim brought by the Defendant against the Plaintiff, verdict and judgment in favour of the Defendant in the sum of $481,206 inclusive of GST

3. That the Cross Claim brought by the Defendant against the second Cross Defendant be dismissed.


4. That the Defendant pay the Plaintiff’s interest in the sum of $74,261. 5. In consolidation of orders 1, 2 and 4, verdict and judgment in favour of the Plaintiff in the sum of

$279,969. 6. That the Second Cross Claim be dismissed with no order as to costs. 7. In respect of the Bank Guarantee in the sum of $702,678.45 provided by the Plaintiff to the

Defendant pursuant to orders made by the Court of Appeal on 11 November 2002 that the Bank Guarantee be cancelled and returned.

8. In respect of the sum of $702,678.45 provided by the Defendant to the Plaintiff pursuant to orders made by the Court of Appeal on 11 November 2002 and subject to cancellation and return of the Bank Guarantee in accordance with order 7 above, that the Plaintiff pay to the Defendant the sum of $422,709.45.

9. Costs to be reserved. Order was made on 22nd May 2006 with regard to the cost as per item 9 which was that Defendant (Council) pay 95% of the Plaintiff’s (contractor) costs of the proceeding as agreed or assessed and interest. EXAMINATION OF THE APPEAL JUDGMENT. Before Council makes a decision on the following comments within the Judgment, the following should be noted. WITH REGARD TO THE COSTS OF RECTIFYING THE WORK AT THE CULVERTS; Judge Tobias in paragraph 30 states “In the light of the foregoing, in my view the challenge by the Council to the acceptance by the primary judge of Mr Wilde’s evidence as to the cost of rectification around the culverts should be rejected”. In doing so the Court is accepting Mr Wilde’s costs estimated to rectify the works on behalf of Beckhaus Civil and rejecting Mr Driml’s costs estimated on behalf of the Council. Mr. Wilde determined that the costs of the total replacement option amounted to $147,110 excluding GST. Mr Driml’s estimate on behalf of the Council was $552,297. Both were cross-examined and, for the reasons referred to by his Honour in the first judgment, he considered that Mr Driml’s calculations contained a large number of irregularities and false assumptions and he concluded that he had no confidence in Mr Driml’s costings and he therefore adopted those of Mr Wilde. WITH REGARD TO THE EXTENT TO WHICH THE LEVEES CONSTRUCTED BY BECKHAUS CIVIL DID NOT COMPLY WITH THE REQUIREMENT OF 12% MAXIMUM LINEAR SHRINKAGE AND THE COSTS OF RECTIFYING THE WORK THAT WAS DEFECTIVE IN THIS RESPECT. In paragraph 56&57 of the Judgment Judge Tobias JA states The fact that that evidentiary onus was not discharged by Beckhaus Civil only led to the conclusion that the Council had indeed suffered damage which, by the remittal order, the primary judge was required to assess. At the end of the day the onus still lay upon the Council to establish the extent of the defective work and the cost of rectifying it. The primary judge considered all the relevant evidence and determined the very issue remitted to him namely, the extent to which the levies constructed by Beckhaus Civil did not comply with the linear shrinkage requirement and the cost of rectifying the work that was defective in that respect. In the Judge’s opinion, there has been no departure by the primary judge from the terms of the remittal order with the result that no error has been demonstrated in the manner in which his Honour determined the linear shrinkage issue remitted to him. In paragraph 72&73 of the Judgment Judge Tobias JA states When dealing with the question of quantum, the primary judge noted that the only evidence based on Option 2 (fixing wet side only) was that of Mr Wilde. The Council had chosen to call quantum evidence only on the cost of total replacement. It made a tactical decision to mount an argument that total replacement was called for and therefore did not tender evidence on any alternative. Having concluded that total replacement (that is, of both the wet and dry sides of the batter) was unreasonable and that replacement of the wet side between the relevant chainages where non-compliance had been identified by him was appropriate, his Honour determined the cost of rectification of the defective work in respect of linear shrinkage in the sum assessed by Mr Wilde of $252,190.19. In paragraph 89&90 of the Judgment Judge Tobias JA states In summary, the authorities to which I have referred stand for the proposition that whether the rectification work is a reasonable course to adopt is dependant upon a finding of fact that the proposed work was


reasonable in order to achieve the contractual objective. The rectification work would be unreasonable if it was out of all proportion to the achievement of that objective or to the benefit to be obtained there from. In the present case, subject to one matter, there was no challenge to the primary judge’s finding that both experts considered that it was appropriate to replace only the wet side of the batter and to adopt Option 2 which proposed only that extent of rectification required to achieve approximately the same level of safety as if the levees had been built to the specified requirements. Dr Truscott’s evidence in cross-examination as extracted by the primary judge made it clear that he saw no need to replace the dry site of the batter with the exception of the culverts. The inference was clear that if there was no such need, then Dr Truscott did not consider that it was either necessary or reasonable to achieve the objective of the linear shrinkage specification to replace the dry or downstream side of the batter within the chainages identified by the primary judge. In paragraph 97 of the Judgment Judge Tobias JA states In my opinion, the Council’s contention with respect to Dr Truscott’s evidence and the assumption upon which he expressed the view that there was no need to replace the dry side of the batter is without foundation. Accordingly the Council’s challenge to the primary judge’s determination as to the measure of its damage with respect to the cost of the necessary rectification work done to the failure of the levees as identified by his Honour to comply with the Specification with respect to the linear shrinkage, should be rejected. It should be noted that Dr. Truscott’s is Council Expert Witness. WITH REGARD TO THE INTEREST, IF ANY. In paragraph 109,110&111 of the Judgment Judge Tobias JA states Accordingly, in Judge Tobias JA opinion his Honour was entitled to award Beckhaus Civil interest on the terms reflected in the third judgment and in the final orders he made on 21 December 2005. As to the Council’s submission that it was entitled to interest on the $481,207, Beckhaus Civil’s response to that claim was that that sum, being the cost of rectification of the levees as found by the primary judge, was a cost which was determined in terms of the 2005 value of the dollar as a consequence whereof there would be double dipping if, on that amount, the Council was entitled to interest between 18 November 2002 and 21 December 2005. It would only be entitled to interest in those circumstances if the cost of rectification had been determined in terms of the value of the dollar in 2002. In my opinion, this submission should be accepted and, in fact, was not challenged in the Council’s oral argument on the appeal. In Conclusion Judge Tobias JA states, “In my opinion each of the Council’s challenges to the relevant findings of the primary judge have failed. No error of the nature of those alleged in the grounds of appeal has been established. Accordingly, I would propose that the appeal be dismissed with costs.” OPTIONS Council has the option to appeal against the judgment of the Court of Appeal of the Supreme Court of New South Wales or accept the decision of the State Supreme Court. Option 1 To accept the decision of the State Supreme Court. Beckhaus Civil to pay Council $481,207 determined in terms of the 2005 value of the dollar for rectification works on the levee as identified by the Court. Pay Council’s legal costs for the first Court of Appeal. Pay Council 70% of legal costs for the second Court of Appeal. Council to pay Beckhaus Civil . Pay Beckhaus Civil 95% of the legal costs of the Supreme Court hearing Pay Beckhaus Civil’s legal costs of the third Court of Appeal hearing Council release $702,678.45 as a bank guarantee provided by Beckhaus Civil to Council. Option 2 Council appeal against the judgment of the Court of Appeal of the Supreme Court of New South Wales to the High Court of Australia. Result option 2 D Council Apply for the Special Leave to appeal against the decision by the Supreme Court of New South Wales. If the application is denied by the High Court then the Option 1 position is applicable with Council’s


costs including the cost of the appeal application (est. at $25,000.00), and the possibility of having to pay the legal costs of Beckhaus Civil. Result option 2 H If Council’s application to appeal is granted The High Court will hear the appeal. If Council is successful in the appeal then Council will not be liable to pay Beckhaus Civil’s costs as per Option 1, and may be able to claim all of Council’s legal costs and possibly the cost of replacement of all levees. This might be totally academic as the only funds accessible to Council from Bechaus Civil are a bank guarantee of $702,678.45. Result option 2 L If Council’s Appeal is dismissed by the Australian High Court then Council will be liable to pay Beckhaus Civil’s costs as per Option 1 but also Council’s cost of appeal (est. at $100,000.00) and may have to pay the legal costs of Beckhaus Civil.. CONCLUSION Council has to consider this issue on its merits and make a decision in the best interest of Council’s ratepayers in the long run. In Council’s Officer’s view it would be most advantageous for Brewarrina Shire Council’s Ratepayers to fix, as soon as possible, the parts of the levee which have been identified by the Supreme Court to be rectified, so that the Township is protected from Floods. FINANCIAL IMPLICATIONS: This will have a major impact on Council’s Financial status for Years to come. The final assessment can only be made once the Legal Costs Claim has been received from Beckhaus Civil. LEGAL IMPLICATIONS: As listed above RECOMMENDATION: That Council support the motion to rescind resolution 309/06 moved at the Extraordinary Meeting of the Council held on Monday 18th December 2006 and adopt an alternate motion as stated in the “Notice for which due notice has been given”.

______________________ General Manager

REPORT OF THE GENERAL MANAGER AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY

19 JANUARY 2007

THIS IS PAGE 1 of 1 OF THE REPORT OF THE GENERAL MANAGER AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY 19 JANUARY 2007

........................................... ………………………. GENERAL MANAGER MAYOR

A11-11/P1-6 1. Department of Sport & Recreation reduction of fees

Report on this issue will be submitted next Council Meeting

For Council’s information D3-8-1 2. Brewarrina Enterprises Alliance

At the recent meeting of Brewarrina Businesses at the RSL Club on the 11th December 2006, it was resolved to form an incorporated association of Brewarrina businesses, to present a combined voice for these businesses in representations to Government Businesses, Agencies and Departments. In particular, to support the business community in Brewarrina to meet the considerable financial and trading problems arising from the continuing drought conditions in the region. This meeting resolved to call this association “Brewarrina Enterprises Alliance”, for which an application to reserve this name has been lodged.

For Council’s information

Sunil Prakash General Manager

REPORT OF THE MANAGER FINANCE AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY 19

JANUARY 2007

THIS IS PAGE 1 OF THE REPORT OF THE MANAGER FINANCE AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY 19

JANUARY 2007

..................................... .................................... GENERAL MANAGER MAYOR

F1-7 1. Financial Reports

The following financial reports for the month of December 2006 are attached for Council’s information.

• Bank Reconciliation • Statement of Investments • Rate Collections • Income Received • Expenditure For Council’s information.

.................................... L J Hutchinson MANAGER FINANCE

GENERAL WATER SEWER INVESTMENT TOTAL TRUST FUND FUND FUND ORD.FUNDS FUND

Cash A/c Balance 30.11.06 3,062,956.40 549,366.00 333,150.60 -3,903,135.73 42,337.27 17,332.80

Add Receipts to 31.12.06 75,507.00 28,734.99 11,829.24 600,000.00 716,071.23 0.00

Deduct Payments to 31.12.06 724,176.22 34,296.15 17,531.50 6,376.46 782,380.33 1,695.80

BALANCE AS AT 31.12.06 2,414,287.18 543,804.84 327,448.34 -3,309,512.19 -23,971.83 15,637.00

Ordinary A/c Trust A/cBalance as per Bank Statement 114,661.26 15,637.00Add: Outstanding Deposits 2,445.01Less: Unpresented Cheques 141,078.10

-23,971.83 15,637.00

Overdraft - Bank 200,000

In accordance with the requirements of the Local Government Act, 1993, I hereby certify that the Cash Book for each Fund has been reconciled with the appropriate Bank Statement for the month of December 2006 and that the

reconciliation has been recorded.

_____________________ FINANCE MANAGER

BANK RECONCILIATION - 31 DECEMBER 2006

GENERAL ACCOUNT TRUST FUND ACCOUNT2512 10010270 2512 10010289

Cash A/c Balance 30.11.06 42,337.27 17,332.80

Add Receipts to 31.12.06 716,071.23

Deduct Payments to 31.12.06 782,380.33 1,695.80

BALANCE AS AT 31.12.06 (23,971.83)$ 15,637.00

Balance as per Bank Statement 114,661.26 15,637.00

Add: Outstanding Deposits 2,445.01Less: Unpresented Cheques 141,078.10

BALANCE AS AT 31.12.06 (23,971.83)$ 15,637.00

Overdraft - Bank 200,000

In accordance with the requirements of the Local Government Act, 1993, I hereby certify that the Cash Book has been reconciled with the appropriate Bank Statement for the month ofDecember 2006 and that the reconciliation has been recorded.

__________________________ FINANCE MANAGER

THIS IS PAGE 1 OF THE FINANCIAL REPORTS AS SUBMITTED TO THE ORDINARY MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY 19 JANUARY 2007

_____________________________ _________________________________ GENERAL MANAGER MAYOR

INVESTMENTS AS AT 31 DECEMBER 2006Amount

LG Financial Services

456 98 days @ 6.33% due on 3.01.07 1,975,659.83$ 461 120 days @ 6.45% due on 22.03.07 412,093.27$ 462 90 days @ 6.39% due on 13.02.07 507,668.49$

At call @ 6.15% 113,882.21$ Commonwealth Bank471 126 days @ 6.16% due on 07.02.07 939,808.39$

3,949,112.19$

I hereby certify that the above Investments have been made in accordance with Section 625of the Local Government Act 1999, clause 19 (3)(b) of Regulation 3 of the Local Government(Financial Management) Regulations 1999, and the Council's Investment policies.

RATE COLLECTIONS TO 31 DECEMBER 2006 2005/2006 2006/2007

Arrears as at commencement of year - 1 July 328,217.82 385,759.32

Levy 1,642,794.17 1,756,700.78

Pensioner Reductions 16,107.02 16,512.67

Abandonments 771.75 5,250.41

Doubtful Debts 88,597.74 107,084.14

Total Collectable 1,865,535.48 2,013,612.88

Collections to 31 December 1,018,699.63 1,098,752.26

Refunds

% of total 54.61 54.57

_____________________ GENERAL MANAGER ________________________

THIS IS PAGE 2 OF THE FINANCIAL REPORTS AS SUBMITTED TO THE ORDINARY MCOUNCIL OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON FRIDAY 19 J

RECEIPTS - December 2006 (GST inclusive)

GENERAL Rates 25,724.30Debtors 20,146.75RTA Agency Commission 1,896.77Rent-Community Centres/Ovals 282.50 Aged Units 465.60 Caravan ParkCouncil Facility Deposits/bondsCemetery Fees 1,597.85Dogs - Pound/Registrations 904.00Health/Building Dept Fees 1,517.90Sec 603 Certificates 110.00Youth Cinema/Discos - Takings 702.05Carols by Candlelight 896.35Interest 1,687.28Sundries 1.00Workers Compensation 5,467.15TIC Sales & fees 3,107.50

Grants:FAG - GeneralFAG - RoadsRoads to RecoverySIMCFishing Platforms etc 11,000.00

WATER: Rates 28,734.99Sundries

SEWER: Rates 11,829.24Sundries

INVESTMENT: Investment Returned 600,000.00

716,071.23TRUST FUND:

Long Service LevyPlanning First Fee

0.00

___________________ GENERAL MANAGER _____________________ MAYOR


EXPENDITURE - December 2006 (GST inclusive)

GENERAL ACCOUNT:EMPLOYEE COSTS:

Salaries and wages 154,480.21Contract staff 28,126.52Superannuation 33,646.36Workers Compensation Insurance 8,362.16PAYG tax 36,595.00Staff Expenses 745.41Staff training 4,149.70

BORROWING COSTS:Interest on Loans 4,104.47Principal 13,067.62

MATERIALS & CONTRACTS:Plant - repairs/parts 62,626.62Plant - purchases 132,825.00Roadworks 147,861.36Buildings mtce 46,599.80Materials - other 19,506.39Freight 1,828.05Contract payments 25,598.03

OTHER EXPENSES:GST (33,493.00) Withholding tax 3,507.00Contribution to Local & Regional bodies 2,660.00Audit Fees 13,310.00InsurancesLegal Expenses - Levee 18,491.65Legal Expenses - Debt Collections 689.26Legal Expenses - OtherLight, Power & Heating 4,382.92Telephone & Communications 10513.06Mayoral Allowance 562.50Councillors' Fees & Expenses 11,639.48Street Lighting 3,192.65Tourist Centre 4,446.40Advertising 133.10Postage 853.55Office costs 5,422.01Youth Centre 15,947.05Sundries

INVESTMENTS:

TOTAL OF WARRANT 782,380.33$

TRUST ACCOUNT:Long Service Levy/Plan First 1,695.80

TOTAL OF WARRANT 1,695.80$

___________________ GENERAL MANAGER _____________________ MAYOR


ENVIRONMENTAL HEALTH & BUILDING REPORT AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON

FRIDAY 19 JANUARY 2007

THIS IS PAGE 1 OF 1 THE ENVIRONMENTAL HEALTH & BUILDING REPORT AS SUBMITTED TO THE ORDINARY MEETING OF THE SHIRE OF BREWARRINA HELD IN BREWARRINA ON

FRIDAY 19 JANUARY 2007

..................................... .................................... GENERAL MANAGER MAYOR

A8-2 1. Dog Control

There were 4 dogs captured for the month of December 2006.

For Council’s informati on

E6-13 2. Development Approvals

Development Approvals 5-12-2006 to 8-1-2007

DA Number Type of Development Approval Date Estimate Cost 8/2006 Telstra Next G Tower 19/12/06 $270,000.00

7/2006 Brewarrina Central School Shade Port Basketball Court

12/12/06 $60,000.00

For Council’s information

....................................

Environmental Health & Building Report

Council Meeting Support Papers

The attached reports are for information only and will not be discussed at the Council Meeting unless a Councillor wishes to raise a particular report in General Business

Correspondence and Committee of the whole reports, if included, are confidential.

The Following reports/ information are attached

1. Status Report 2. Information Reports 3. Correspondence from 5 December 2006 to 8 January 2007 4. Committee of the Whole Reports.

AS SUBMITTED TO THE ORDINARY MEETING OF THE COUNCIL OF THE SHIRE OF BREWARRINA HELD ON FRIDAY 19 JANUARY 2007

Resolution No:

File Officer to Action

Info

455/02 DTS Water Supply and Sewerage Utilities - Strategic Business PlanAction of Minutes of meeting held 27 May 2005

380/05 DTS Councillors Reichler & Burke requested Council receive the report as information and confirm support where

possible, for Best practice Management of its Water & Sewerage System and business.(Deferred until next

meeting to clarify funding)

Review scope of works

381/05 DTS Effluent Reuse Policy 1. Receive the report as draft information, 2. Make copies available and invite public comment through written submissions on the Discussion Paper & Project Definition Report concerning sewage effluent reuse. 3. Reconsider this matter at its next Council meeting.(Item 2. will only take place after further consideration by Council)

Sort out land, review scope of works

Action of Minutes of meeting held 26 August 200526-Aug-05 GB DTS Requested a Flood Management Plan be done for Brewarrina and Goodooga. DTS to follow up

Action of Minutes of meeting held 23 September 2005BA HR Code of Conduct Training for Staff To be organised once staffing levels

increase.Action of Minutes of meeting held 28 October 2005

GB DTS Councillor Geddes enquired if there was any public comment on paper on the sewerage effluent. Have not asked and have not receivedany comments

Action of Minutes of meeting held 25 November 2005564/05 GM Council purchase 36 copies of the publication "The Train will wait for you" and request the signature of the

author Stephanie Sommerville.

Publication to come out in July/August

574/05 DTS That Council investigate the Brenda Road, a plan for the road drainage, bitumen via the Langboyd Road or

via Goodooga.

DTS to follow up

Action of Minutes of meeting held 27 January 2006

GBDTS/WM Councillor Geddes requested all of the grids on the Goodooga Road be completed. DTS to follow up

GBDTS/WM Councillor Geddes requested the Brenda Road be assessed. The road needs widening and gravelling. In works program to be completed this

year

GB

DTS Councillor Kirby stated the issue of more lighting in the township of Brewarrina was still to be addressed,

there being many dark laneways and areas around the town.

Survey done, negotiations to be done

with lighting companyAction of Minutes of meeting held 24 February 2006

24/02/2006 GB DTS It was requested that the grid policy be reviewed and should include that whether a grid gets pulled out or not

that a subsidy should be offered for fencing.

DTS to follow up

24/02/2006 GB DTS It was suggested that Council take a serious look at sealing the roads between Weilmoringle and Goodooga

up to the QLD border to set a trail for tourists to follow.

DTS to follow up

24/02/2006 GB MTED It is suggested that an agenda item be set for the Tourism, Development and Heritage Committee to developa mud map to connect all the towns and areas of interest along the way.

To be taken to the next Tourism meeting

24/02/2006 GB DTS Costings are to be done for poles for the back lane behind the Royal Hotel.

24/02/2006 GB DTS It was requested the guttering issue be addressed for around town, as many gutters hold water.

Action of Minutes of meeting held 24 March 200624/03/2006 GM GB Councillor McLellan stated the Cancer Council has requested to have a partnership with Council, which needs

to be looked into.John Keenan to follow up

Action of Minutes of meeting held 28 April 200628/04/2006 GB Councillor Geddes enquired about the current situation regarding the Water & Sewerage Utilities – Strategic

Business Plan. The Acting General Manager stated that the plan needs revising and updating, which will be done in the near future.

Action of Minutes of meeting held 30 June 2006140/06 MEH&B

1.That a draft Local Environmental Plan (draft LEP) be prepared to amend the Brewarrina Local Environmental Plan 2000 for the purpose of reclassifying certain public lands.2.That the Director – General of the Department of Planning be formally notified pursuant to section 54 of the Environmental Planning and Assessment Act, 1979 that• Brewarrina Shire Council has resolved to prepare a draft LEP to reclassify certain public lands• The draft LEP will not affect matters of State and Regional significance• A Local Environmental Study is not required in this case as the purpose of the Draft LEP is to reclassify public land.• That the draft LEP be prepared in accordance with the requirements of:-The Environmental Planning and Assessment Act 1979; andThe Department of Local Government Practice Note 1 – Public Land Management dated May 2000; andThe Department of Urban Affairs and Planning - Best Practice Guideline – LEP’s and Council Land dated January 1997

MEH&B to follow up

142/06 GM2. Council Officers be authorised to commence the process to seek Expressions of Interest for the use of the vacant land and effluent reuse.

Letter sent Bre Lucerne

Action of Minutes of meeting held 28 July 2006186/06 MEH&B

Dangerous dogs in Goodooga. That a report be brought back to the next Council Meeting regarding this matter.MEH&B to follow up

Action of Minutes of meeting held 25 August 200625/08/2006 MEH&B Councillor Ron Mason enquired about the Old Bakehouse at Goodooga and what the progress was with regard to

demolition. The Manager of Environmental Health & Building stated that a notice had been served regarding this matter and if no response was given then it would be brought back to the next Council Meeting for approval for demolition by Council.

MEH&B to follow up

Action of Minutes of meeting held 22 September 2006241/06 GM That the following Companies should be invited to provide a detailed design and installation costs for the project.

1. Simtec, (Simmons Electronic Consultancy) Dubbo2. New England Security, Armidale.3. Telstra, Sydney.4. AIC Solutions, Sydney (Office in Dubbo)5. Security Network, Dubbo.6. Macquarie Alarm, Orange.

GM to follow up

Actions of Minutes of meeting held 27 September 2002

1Status Report -JANUARY 2007.xls

Resolution No:

File Officer to Action

Info

242/06 GM That the Development Application No. 5/2006 be approved subject to the standard conditions of Approval 1, 2, 5, 6, 13, 14, 16 and to add the following conditions;• That the use of blasting material shall not be allowed under any circumstances due to the sensitive nature of the Heritage listed Brewarrina Fishtraps, which are in close proximity.• That the existing opening in the concrete weir remain so as to allow Council the right to allow water to flow past the weir in times of low storage for the use of properties below the weir.

GM to follow up

Action of Minutes of meeting held 27 October 2006258/06 ROSS

1. Council Amend the plans of management including the recommendations as suggested by Mathew Goodwin, the changes in terminology requested by Mr. Hagarty and the clear identification of appendices as recommended by Mr. Palmer.2. The Amended plans be formally adopted by Council.3. That Council advertise the adoption and the terms of the amendments as per Section 40(2A) of the Local Government Act 1993.4. That Council write to each of the Chairpersons thanking them for their assistance.

ROSS TO FOLLOW UP

Action of Minutes of meeting held 24 November 2006276/06 DTS • That Council resolve to commence work on the Brenda Road construction once construction on the Jobs Gate Road is

complete.• That Council resolve to accept WesTrac’s tender for the supply of a Caterpillar 428D backhoe and buckets for $110,750.00(excluding GST) nett after the trade of Council’s Case 580D Plant No. 646.• That Council resolve that council officers investigate the replacement of the primemover and/or trailer.

That Council resolve to support the submission made by G.J. & C.L. Finlayson of “Bokhara Plains” to Darling Matilda WaySustainable Regions program for funding but is not in a position to fund or provide a subsidy for the construction of approximately4.5 km of unsealed access road into “Bokhara Hutz – Outback Accommodation.”

DTS TO FOLLOW UP

279/06 MACS 1.Council investigate the possibility of establishing four Committees under Section 355 of the Local Government Act 1993 to adviseCouncil on matters of special interest in the areas of Brewarrina Township, Brewarrina Rural Area, Aboriginal Community and the Business Community.2. The General Manager provide a report to the January 2007 Council meeting with possible Charters for these Committees.

MACS TO FOLLOW UP

280/06 MACSp

2. Council not proceed with the development of further Draft Plans of Management for land that it is intended to become operational3. Council not lease any of the land not covered by a plan of management4. No change be made to the current use of each parcel of land pending the finalisation ofthe reclassification process

MACS TO FOLLOW UP

281/06 MACS That a draft Local Environmental Plan (draft LEP) be prepared to amend the Brewarrina Local Environmental Plan 2000 for thepurpose of reclassifying certain public lands. 2. That the Director – General of the Department of Planning be formally notified pursuant to section 54 of the Environmental Planning and Assessment Act, 1979 that:-• Brewarrina Shire Council has resolved to prepare a draft LEP to reclassify public lands as detailed in the attached table, but also to include the parcel of land (part of the Sewerage Treatment Works, Lots 1 & 2 DP 545076)• The LEP is being prepared to apply the correct classification to the parcel of land in accordance with sections 25 and 26 of the Local Government Act 1993• The LEP will be known as Brewarrina LEP 2000- Amendment No.1• The draft LEP will not affect matters of State and Regional significance• A Local Environmental Study is not required in this case as the purpose of the Draft LEP is to reclassify public land.• That the draft LEP be prepared in accordance with the requirements of:- The Environmental Planning and Assessment Act 1979; andThe Department of Local Government Practice Note 1 – Public Land Management dated May 2000; andThe Department of Urban Affairs and Planning - Best Practice Guideline – LEP’s and Council Land dated January 1997

MACS TO FOLLOW UP

282/06 MACS 1. Council adopt the Social and Community Plan as a draft and authorise Officers to carryout public consultation as per the requirements of the Local Government Act 1993 and Council Policy. 2. That a Social Plan Consultative Review Committee be established in early 2007, representing the Council and a broad cross section of the community, but limited to no more than 8 persons, regularly review the Plan and provide support and advice on the implementation of actions to satisfy the ongoing needs of the Shire.

MACS TO FOLLOW UP

Action of Minutes of meeting held 15 December 2006298/06 GM

That Council change the date of the January 2007 Council meeting from 26 January 2007 to 19 January 2007 at10.00am.

GM to follow up

301/06 MACSThat the Council accept the quote from the Council’s Engineering Department, of $10,096.45 plus the cost of side fencing atapprox. $1,500, which is a total cost of $11596.45, providing suitable funding is available to complete this project.

MACS TO FOLLOW UP

302/06 MACS That the Council approve a review of the fees charged to the NSW Department of Sports and Recreation, for the use of Councilfacilities, namely the Geoff New Oval and the Brewarrina Community Centre, with recommendations submitted to the next Councilmeeting for consideration.

MACS TO FOLLOW UP

2Status Report -JANUARY 2007.xls

SHIRE OF BREWARRINA · The Council of the SHIRE OF BREWARRINA OUR REF: C13-1 sp/rj 10 January 2007...

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