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Ordinary Meeting Council Chambers Date: 18 June 2014 Time: 9:00am AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 18 JUNE 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. PETER FRANKS CHIEF EXECUTIVE OFFICER

Council Meeting 18 June 2014

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Ordinary Meeting

Council Chambers Date: 18 June 2014

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 18 JUNE 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 18 June 2014

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ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES.................................................................................5

REGIONAL LAND USE PLANNING ............................................................................................. 5 ITEM-1 Application to remove condition of Special Lease 53111 - Lot 11 on CP860907,

Parish of Western .......................................................................................................5 ITEM-2 Application for Renewal of Special Lease 9/48856 - LOT 194 ON CP817975,

Parish of Leadingham ...............................................................................................13 ITEM-3 G&V Torrisi - Reconfiguration of Lot (Subdivision - 1 into 2 Lots) - Lot 109 on

CP867369 and Lot 193 & 194 on DA262 - 687 Springs Road, Mareeba - DA/14/0006 ...............................................................................................................19

ITEM-4 Aqua Holdings (Qld) Pty Ltd - Material Change of Use - Animal Husbandry - Intensive ( Expansion of Poultry Farm from 4 to 6 Sheds) - Lot 10 on RP708044 - 59 Martin Road, Chewko - MCU/11/0006.............................................35

LOCAL LAWS ........................................................................................................................... 145 ITEM-5 Cat Registration ......................................................................................................145 ITEM-6 Amended 2014-2015 Cost Recovery Fees for Environmental Health, Animal

Management and Local Laws .................................................................................154 GRANTS AND CORPORATE AND COMMUNITY PLANNING................................................ 158 ITEM-7 Hall Hire Fees And Charges 2014 - 2015 ...............................................................158 ITEM-8 Library Services Fees and Charges 2014 - 2015....................................................164 ITEM-9 Economic Development and Tourism Promotion....................................................168 COMMUNITY WELLBEING ...................................................................................................... 174 ITEM-10 Financial and In Kind Support June Report ............................................................174 Finance...................................................................................................................................... 186 ITEM-11 Financial Statements for the Period Ending 31 May 2014......................................186 ITEM-12 Request to Amend Council's Authorised Bank Signatories ....................................194 ITEM-13 Dimbulah Sports and Pistol Club ............................................................................196 ITEM-14 Barron Catchment Care - Request for Financial Support .......................................198 ITEM-15 North Queensland Local Government Association .................................................202

INFRASTRUCTURE SERVICES...................................................................................................208

TECHNICAL SERVICES........................................................................................................... 208 ITEM-16 Application for Permanent Road Closure being Part of the Emerald Falls Road

Reserve Abutting Lot 68 on RP896095 ..................................................................208 WORKS..................................................................................................................................... 216 ITEM-17 Infrastructure Services, Construction & Maintenance - Progress Report - May

2014 ........................................................................................................................216 WATER & WASTE .................................................................................................................... 222 ITEM-18 Expression of Interest for Alternative Waste Cover System at Mareeba Landfill....222 ITEM-19 Infrastructure Services, Waste Operations - Progress Report - May 2014 .............232

Mareeba Shire Council - Agenda Wednesday 18 June 2014

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ITEM-20 Infrastructure Services, Water and Wastewater Group - Monthly Operations - May 2014 ................................................................................................................238

ITEM-21 Julatten Waste Transfer Station Operator Contract TMSC2014-09 CONFIDENTIAL......................................................................................................250

ITEM-22 Mt Molloy Waste Transfer Station Operator Contract TMSC2014-08 CONFIDENTIAL......................................................................................................252

NEXT MEETING OF COUNCIL.....................................................................................................253

Mareeba Shire Council - Agenda Wednesday 18 June 2014

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CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 APPLICATION TO REMOVE CONDITION OF SPECIAL LEASE 53111 - LOT 11 ON CP860907, PARISH OF WESTERN

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the removal of a condition from Special Lease 53111 over land described as Lot 11 on CP860907, Parish of Western, situated off Walsh River Road, Watsonville. The subject condition prevents the lessee from making an application for the conversion of the special lease to a more secure form of lease or freehold. DNRM seeks Council's views on the removal of the non-conversion condition and the future use of the subject land.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the removal of the non-conversion condition from Special Lease 53111 and to the continued use of Lot 11 on CP860907, Parish of Western for rural residential purposes and further advise the Department of Natural Resources and Mines that Council has no knowledge of any non-indigenous cultural heritage values associated with Lot 11 on CP860907."

BACKGROUND

DNRM is currently considering an application for the removal of a condition from Special Lease 53111 over land described as Lot 11 on CP860907, Parish of Western, situated off Walsh River Road, Watsonville. The subject condition, as detailed in Attachment 1 of this report, prevents the lessee from making an application for the conversion of the special lease to a more secure form of lease or freehold. DNRM has requested Council's views on the removal of the non-conversion condition and the future use of the subject land.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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The subject land has an area of 16.3 hectares and is located approximately 8.5 kilometres north-east of Watsonville, on the southern bank of the Walsh River. The land does not have frontage to a gazetted road reserve, instead it is accessed via a gravel track which traverses unallocated State land (Lot 567 on OL57) before connecting to Walsh River Road. The absence of frontage to a gazetted road is common to all twelve (12) leased allotments in the immediate vicinity. The existing lease is for rural residential purposes and the land has been improved with a dwelling house, shed and ancillary domestic structures/facilities.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

NIL

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

NIL

POLICY IMPLICATIONS

The subject land has is zoned Rural under the Mareeba Shire Planning Scheme. There is no objection to the continued use of the land for rural residential purposes. The absence of frontage to a gazetted road is not relevant to the current request, but it will be relevant to any future application to convert the subject land to freehold.

FINANCIAL & RESOURCE IMPLICATIONS

NIL

IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 29 May 2014 Date Prepared: 4 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

ATTACHMENT 1

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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ITEM-2 APPLICATION FOR RENEWAL OF SPECIAL LEASE 9/48856 - LOT 194 ON CP817975, PARISH OF LEADINGHAM

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the renewal of Special Lease 9/48856 over land described as Lot 194 on CP817975, Parish of Leadingham, situated on Wolfram Road, Dimbulah. The existing and proposed use of the land is primary industry (pipeline) purposes. DNRM seeks Council's views on the renewal of the special lease, whether an alternative form of tenure is more appropriate and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the renewal of the special lease for primary industry (pipeline) purposes over land described as Lot 194 on CP817975, Parish of Leadingham and advise the Department of Natural Resources and Mines that there are no known local non-indigenous cultural heritage values associated with the land. Further, that Council considers that the applicant's proposed tenure is appropriate."

BACKGROUND

DNRM is currently considering an application for the renewal of Special Lease 9/48856 over land described as Lot 194 on CP817975, Parish of Leadingham. The subject land has an area of 4,545 square metres and is situated between Parise Road and Wolfram Road, Dimbulah. The land accommodates a water pipeline which is used in the transportation of irrigation water between the Walsh River (Leafgold Weir) and Lot 142 on HG635 on Parise Road, where the water is used for agricultural purposes.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws. Should the lease renewal be approved, it is proposed that the land continue to be used for the purpose of primary industry (pipeline) purposes. DNRM seeks Council's views on the renewal of the special lease, whether an alternative form of tenure is more appropriate and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

NIL

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

NIL

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for primary industry (pipeline) purposes. There are no known non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

NIL

IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 3 June 2014 Date Prepared: 4 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

ATTACHMENT 1

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

ITEM-3 G&V TORRISI - RECONFIGURATION OF LOT (SUBDIVISION - 1 INTO 2 LOTS) - LOT 109 ON CP867369 AND LOT 193 & 194 ON DA262 - 687 SPRINGS ROAD, MAREEBA - DA/14/0006

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

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ATTACHMENTS: 1. Proposal Plan/s - Projex Partners Pty Ltd dated 25 February 2014

(DWS VS# 3529151) 2. Referral Agency Response - Department of State Development

Infrastructure and Planning (SARA - DNRM) dated 29 May 2014 3. Applicants Representations dated 2 March 2013

EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details.

FILE NO DA/14/0006 AREA Lot 109 - 65.21 Ha Lot 193 - 2.446 Ha Lot 194 - 1,265m2

LODGED BY Projex Partners Pty Ltd OWNER G & G Torrisi PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS N/A - Code Assessment

APPLICATION PREMISES APPLICANT S & C Torrisi ADDRESS 687 Springs Road,

Mareeba DATE LODGED 13 March 2014 RPD Lot 109 on CP867369

and Lot 193 & 194 on DA262

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision (1 into 2 Lots)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

The application is code assessable and was therefore not required to undergo public notification. A development permit for reconfiguring a lot - subdivision is sought to create two new allotments based on the existing severances of Lot 109 on CP867369 which are formed by the SunWater irrigation channel. The subject site is situated on the fringes of the 'Paddy's Green' farming area and is mapped as Good Quality Agricultural Land (GQAL) for its entirety. The application and supporting material has been assessed against the relevant statutory planning instruments, including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and is in conflict with provisions contained within the Mareeba Shire Planning Scheme Part 4 Division 14 - Rural Zone Code. This officer assessment has not identified sufficient grounds to justify an approval despite these conflicts. Both proposed allotments are smaller than the Planning Scheme's desired minimum lot size of 60 hectares for GQAL, with proposed Lot 12 being significantly smaller at just 8.6 hectares. It is acknowledged that the subject land has been fragmented by channel infrastructure since the early 1960's however; this is not considered to be a sufficient planning ground to justify further fragmentation of GQAL. There are numerous instances where GQAL is successfully farmed despite being physically fragmented by irrigation infrastructure, road reserve or drainage areas. The application has significant conflicts with the Mareeba Shire Planning Scheme and is therefore recommended for refusal.

OFFICER'S RECOMMENDATION

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"1. It is recommended that, in relation to the following development application:

APPLICATION PREMISES APPLICANT S & C Torrisi ADDRESS 687 Springs Road,

Mareeba DATE LODGED 13 March 2014 RPD Lot 109 on CP867369

and Lot 193 & 194 On DA262

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision (1 into 2 Lots)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Refused by Council for reasons set out in (B)

(A) REFUSED DEVELOPMENT: Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots)

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL:

1. The proposed development is in conflict with Part 4, Division 14, 4.77 Overall Outcomes for Rural Zone code:

The overall outcomes sought for the Rural Zone Code are to achieve an area:

Mareeba Shire Council - Agenda Wednesday 18 June 2014

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(b) where agricultural production and the raising of animals are protected from incompatible land uses;

(c) where Good Quality Agricultural Land is protected from fragmentation and alienation, not developed for purposes other than agricultural and support uses, and is protected from incompatible land uses in accordance with SPP 1/92.

2. The proposed development is in conflict with Part 4, Division 14, 4.80 for Rural Zone Code:

Reconfiguring a Lot

S1 The viability of the farming industry throughout the Shire and including Good Quality Agricultural Land, and future opportunities for farming pursuits are not compromised.

PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of 300 metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, S5; or

3. The proposed development is in conflict with land use policy 2.6.1 of the Far North Queensland Regional Plan 2009-2031.

4. That there are not sufficient grounds to justify approval, despite the identified conflicts."

THE SITE

The subject site is a large rural holding situated on the fringe of the 'Paddy's Green' farming area at 687 Springs Road, Mareeba, and is described as Lot 109 on CP867369 and Lot 193 & 194 on DA262, Parish of Southedge, County of Dagmar. Lot 109 on CP867369 is the allotment subject to the proposed reconfiguration, "the site", with Lot 193 & 194 on DA262 forming part of the application for access purposes only. The site is irregular in shape with a total area of 65.21 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The Planning Scheme's Land Quality Mapping identifies the site as Good Quality Agricultural Land (GQAL) for its entirety. The site is severed into two (2) land parcels by MDIA channel infrastructure which runs through the property generally in a north-south direction. The western severance (proposed Lot 11) includes an area of approximately 56 hectares which has been cleared of all remnant vegetation and is used for both agricultural and horticultural purposes. This western severance contains a large dam in its north-west corner and a cluster of buildings in the north-east corner which includes a dwelling, seasonal workers cottage and a complex of large farm sheds.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

The eastern severance of the site (proposed Lot 12) includes an area of approximately nine (9) hectares and has also been cleared of all remnant vegetation for agricultural and horticultural

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purposes. The eastern severance also contains a dam towards its south west corner as well as a caretaker's residence still under construction. This caretaker's residence was approved by Council in 2012 to accommodate the applicants who currently manage the farm on behalf of their parents (the property owners) who live in the existing dwelling on the western severance of the site. The site remains landlocked, containing no actual frontage to Springs Road or Rains Road, separated by two (2) long thin land parcels described as Lots 193 and 194 on DA262, both of which are currently leased to Sunwater. Both Springs Road and Rains Road are constructed to bitumen sealed standard for the full length of the site. As described by the applicant's consultant; "the most notable feature of the locality is the extensive area of irrigated and very productive farming land that to a large extent surrounds the subject land." BACKGROUND AND CONTEXT Nil PREVIOUS APPLICATIONS & APPROVALS On 20 December 2012, the Tablelands Regional Council, through delegated authority, approved the application made by Projex Partners Pty Ltd on behalf of S & C Torrisi for the issue of a development permit for Material Change of Use - Caretaker's Residence on land described as Lot 109 on CP867369, Parish of Southedge, situated at 687 Springs Road, Mareeba. A subsequent Negotiated Decision Notice was approved by the Tablelands Regional Council, through delegated authority, on the 29 January 2013. The caretaker's residence was approved by Council with a gross floor area (GFA) of approximately 320m2 which far exceeds the maximum GFA of 200m2 for caretaker's residence nominated by the Planning Scheme. Council officers generally supported the application for the larger caretaker's residence due to the extensive farming operations conducted over the site, as a whole. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Reconfiguring a Lot - Subdivision (1 into 2 Lots) in accordance with the plans shown in Attachment 1. The proposed subdivision will result in the creation of two (2) allotments as follows:

Proposed Lot 11 - total area of 56 Ha (approx), no road frontage Proposed Lot 12 - total area of 8.6 Ha (approx), no road frontage

The proposed subdivision will result in the creation of separate titles over the two (2) portions of the site currently separated by the MDIA channel infrastructure. Should an approval be granted, access easements will need to be established over both Lots 193 and 194 on DA262 (State land leased to Sunwater) to access either proposed allotment.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The site does not contain any areas of ecological significance.

PLANNING SCHEME DESIGNATIONS

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RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 2.4 Primary Production & Fisheries Land Use Policy Complies Comments

2.6.1 Further fragmentation of agricultural land

in the regional landscape and rural production area is avoided to maintain economically viable farm lot sizes

× Despite the repeal of the FNQRP State Planning Regulatory Provisions, the Regional Plan's planning principle to maintain economically viable farm lot sizes remains. The area of existing Lot 109 on CP867369 exceeds the 60 hectare minimum lot size nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. The proposed reconfiguration would result in the creation of an allotment (proposed Lot 12) with a total area of approximately 8.6 hectares, which is well below the 60 hectare minimum lot size requirements for GQAL. In this officer's opinion, the applicants have not provided sufficient planning grounds to justify that the reconfiguration will maintain or improve agricultural viability (see applicants letter - Attachment 3). A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:

Cases will arise where local authorities have to consider development proposals on good quality agricultural land. In such instances, a 'key' principle should be whether an overriding need in terms of benefit to the community can be demonstrated for the development at that particular location.

Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural (GQAL)

Overlays Natural Disaster - Bushfire Overlay

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community. Although SPP1/92 lapsed in December 2012, its principles are still reflected in the Regional Plan and Planning Scheme and remain relevant to development assessment. The fact that the clearly productive rural allotment is already fragmented by channel infrastructure is not considered to be sufficient planning grounds to justify further fragmentation of GQAL, especially considering the allotment, as a whole, has been farmed with the channel infrastructure in place, for the past 50 or so years. The development is in direct conflict with Land Use Policy 2.6.1.

(b) State Planning Policy

On 2 December 2013, the Department of State Development, Infrastructure and Planning (SDIP) introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP. (c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 12 Reconfiguring a Lot Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application conflicts with the following overall outcomes, specific outcomes and probable solutions contained within the codes. Relevant Codes Comments

Rural Zone Code The application does not comply with the following:

Overall Outcome (b)

Overall Outcome (c)

4.80 Reconfiguring a Lot - Probable Solution PS1.1 & Specific Outcome S1

Refer to discussion below. Noncompliance with the overall outcomes and relevant acceptable solutions/probable solutions of the Rural Zone Code are summarised as follows: Conflicts with the overall outcomes for the Rural Zone:

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(b) where agricultural production and the raising of animals are protected from incompatible land uses;

Comment The rural zone is intended for agricultural and primary production purposes. The proposed reconfiguration will result in the creation of an 8.6 hectare rural allotment. The caretaker's residence currently under construction on the eastern severance of the site was approved by Council in consideration of the extensive farming operations conducted over the entire allotment. Should this subdivision be approved by Council, it would essentially create a smaller rural lifestyle allotment far from what is considered a viable farm lot. As such, the caretaker's residence originally approved as an ancillary land use to on-site farming operations would be at risk of becoming a stand-alone rural lifestyle dwelling which may result in land use conflicts occurring with surrounding bona-fide rural uses. Although it is intended that smaller proposed Lot 12 remain in the family and intensively farmed, this may not always be the case. Furthermore, the residence being constructed on proposed Lot 12 was approved as a caretaker's residence and should the subdivision also be approved, it may be argued that Lot 12 also retains the self assessable land use right to construct a dwelling house. Increased dwelling densities within the rural zone increases the difficulty associated with establishing new intensive rural activities or expanding existing intensive rural activities. This is due to the separation distances that must be maintained between the rural use and any nearby dwelling houses. The proposed development conflicts with this overall outcome. (c) where good quality agricultural land is protected from fragmentation and

alienation, not developed for purposes other than agriculture and support uses, and is protected from incompatible land uses in accordance with SPP 1/92;

Comment The subject land is identified as GQAL by the Planning Scheme. The subject land as a whole exceeds the 60 hectare minimum lot size nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. The proposed reconfiguration would result in the creation of an allotment (proposed Lot 12) with an area of approximately 8.6 hectares, which is well below the 60 hectare minimum lot size requirements for GQAL. In this officer's opinion, the applicants have not provided sufficient planning grounds to justify that the reconfiguration will maintain or improve agricultural efficiency (see applicants letter - Attachment 3). Maintaining a reasonable minimum lot size ensures that GQAL allotments retain sufficient flexibility to meet future challenges. Whilst a 8.6 hectare allotment may currently be sufficient to grow herbs and the like, should there be a decline in this industry, 8.6 hectares is probably not going to be sufficient to viably transition into another agricultural pursuit.

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The fact that the clearly productive rural allotment is already fragmented by channel infrastructure is not considered to be sufficient planning grounds to justify further fragmentation of GQAL, especially considering the allotment, as a whole, has been farmed with the channel infrastructure in place, for the past 50 or so years. A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:

Cases will arise where local authorities have to consider development proposals on good quality agricultural land. In such instances, a 'key' principle should be whether an overriding need in terms of benefit to the community can be demonstrated for the development at that particular location.

Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community. Although SPP1/92 lapsed in December 2012, its principles are still reflected in the Regional Plan and Planning Scheme and remain relevant to development assessment.

The proposed development conflicts.

Conflicts with the specific outcomes and probable solutions for the Rural Zone:

4.80 Reconfiguring a Lot S1 The viability of the farming industry throughout the Shire and including Good Quality

Agricultural Land, and future opportunities for farming pursuits are not compromised. PS1.1 Allotments to have a minimum area of 60 hectares and road frontage of 300

metres within the area identified on Agricultural Land Quality Maps S2, S3, S4, S5; or

PS1.2 Allotments to have a minimum area of 30 hectares and road frontage of 150

metres if outside the area identified on Agricultural Land Quality Maps S2, S3, S4 and S5.

Comment The subject land is identified as GQAL by the Planning Scheme's Land Quality Mapping for its entirety. The subject site as a whole exceeds the 60 hectare minimum lot size nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. The proposed reconfiguration would result in the creation of an allotment (proposed Lot 12) with an area of approximately 8.6 hectares, which is well below the 60 hectare minimum lot size requirements for GQAL. In this officer's opinion, the applicants have not provided sufficient planning grounds to justify that the reconfiguration will maintain or improve agricultural efficiency (see applicants letter - Attachment 3). Maintaining a reasonable minimum lot size ensures that GQAL allotments retain sufficient flexibility to meet future challenges. Whilst an 8.6 hectare allotment may currently be sufficient to grow herbs and the like, should there be a decline

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in this industry, 8.6 hectares is probably not going to be sufficient to viably transition into another agricultural pursuit. The fact that the clearly productive rural allotment is already fragmented by channel infrastructure is not considered to be sufficient planning grounds to justify further fragmentation of GQAL, especially considering the allotment, as a whole, has been farmed with the channel infrastructure in place for the past 50 or so years. A key principle of the lapsed SPP1/92 Development and Conservation of Agricultural Land was:

Cases will arise where local authorities have to consider development proposals on good quality agricultural land. In such instances, a 'key' principle should be whether an overriding need in terms of benefit to the community can be demonstrated for the development at that particular location.

Whilst there may be a benefit to the applicant, there is not considered to be an overriding need in terms of benefit to the community. Although SPP1/92 lapsed in December 2012, its principles are still reflected in the Regional Plan and Planning Scheme and remain relevant to development assessment.

The proposed development conflicts with PS1.1 and Specific Outcome S1.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual Should Council choose to approve the development application against this officer's recommendation, conditions will need to be attached to any approval requiring all development works be designed and constructed in accordance with the FNQROC Development Manual. (f) Adopted Infrastructure Charges Notice Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution of $3,790.00 would be applicable, should Council approve the application. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning (DNRM - Strategic Cropping Land) as a Concurrence Agency. That Department advised in a letter dated 29 May 2014 that they have no requirements in relation to the development (Attachment 2). Advice This application did not trigger referral to any Advice Agencies.

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Internal Consultation Development Engineering - Access PLANNING DISCUSSION FNQ Regional Plan A planning principle of the Far North Queensland Regional Plan 2009-2031 is to protect Good Quality Agricultural Land by avoiding further fragmentation of agricultural land to maintain economically viable farm lot sizes. The development conflicts with this planning principle. Despite the repeal of the Far North Queensland Regional Plan State Planning Regulatory Provisions in October 2012, the balance of the Far North Queensland Regional Plan 2009-2031 continues to have effect and Council is required to uphold its principles. Mareeba Shire Planning Scheme 2004 The entire subject site is identified as GQAL by the Planning Scheme's Land Quality Mapping. The area of existing Lot 109 on CP867369 exceeds the 60 hectare minimum lot size nominated by the Mareeba Shire Planning Scheme as the accepted means of protecting the viability of land mapped as GQAL. The proposed reconfiguration would result in the creation of an allotment (proposed Lot 12) with an area of approximately 8.6 hectares, which is well below the 60 hectare minimum lot size requirements for GQAL. The intention of the Planning Scheme for the rural zone is to discourage the fragmentation of rural land and the creation of small rural lots, particularly in areas known to contain good quality agricultural land. The proposal is in direct conflict with this intention. Draft TRC Planning Scheme Although the draft TRC Planning Scheme is extraneous to the assessment of this application, it is noted that the site is proposed to be included in the Rural Zone (Good Quality Agricultural Land Precinct) where the minimum reconfigured lot size remains at 60 Ha in order to achieve the same outcomes sought for the Shire's GQAL as the current Mareeba Shire Planning Scheme. Conclusion It is considered that the application significantly conflicts with the relevant provisions and codes of the Mareeba Shire Planning Scheme and the FNQ Regional Plan 2009-2031. Furthermore, there are not sufficient grounds to justify approval despite the evident conflicts. It is therefore recommended that the application be refused. Date Prepared: 6 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

ATTACHMENT 1 APPROVED PLANS (DWS VS 3529151)

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ATTACHMENT 2

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Mareeba Shire Council - Agenda Wednesday 18 June 2014

ATTACHMENT 3

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ITEM-4 AQUA HOLDINGS (QLD) PTY LTD - MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY - INTENSIVE ( EXPANSION OF POULTRY FARM FROM 4 TO 6 SHEDS) - LOT 10 ON RP708044 - 59 MARTIN ROAD, CHEWKO - MCU/11/0006

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

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APPLICATION PREMISES FILE NO: MCU/11/0006 ADDRESS: 59 Martin Road,

Chewko APPLICANT: Aqua Holdings (Qld) Pty Ltd RPD: Lot 10 on RP708044 LODGED BY: Aqua Holdings (Qld) Pty Ltd AREA: 9.866 hectares DATE LODGED: 23 March 2011 OWNER: KL Booth TYPE OF APPROVAL:

Development Permit

PROPOSED DEVELOPMENT:

Material Change of Use - Animal Husbandry-Intensive (Expansion of Poultry Farm from 4 to 6 Sheds), Worker's Cottage and Environmentally Relevant Activity No 4 - Poultry Farming

PLANNING SCHEME:

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007)

ZONE: Rural zone LEVEL OF ASSESSMENT:

Code Assessment

SUBMISSIONS: n/a

ATTACHMENTS: 1. Proposal Plan/s

2. Noise Impact Assessment - Air Noise Environment Pty Ltd - August 2012

3. Department of Transport and Main Roads referral agency response dated 11 October 2011

4. Tablelands Regional Council delegated ERA response dated 4 December 2013

5. Air Quality Impact Assessment - Dr Rivka Kolton-Shapira - September 2013

6. Dust room plans and photograph 7. Pacific Environment Limited peer review of Air Quality Impact

Assessment - Dr Rivka Kolton-Shapira.

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EXECUTIVE SUMMARY

Council at its Ordinary Meeting held on 20 September 2012 considered a report on the application made by Aqua Holdings (Qld) Pty Ltd for Material Change of Use - Animal Husbandry-Intensive (Expansion of Poultry Farm from 4 to 6 Sheds), Worker's Cottage and Environmentally Relevant Activity No 4 - Poultry Farming on land described as Lot 10 on RP708044, situated at 59 Martin Road, Chewko. Based on the adverse predictions in an Air Quality Impact Assessment prepared by Air Noise Environment Pty Ltd (June 2012), Council officers recommended that the poultry farm aspect of the application be refused due to expected odour and noise nuisance from the expanded poultry farm. A motion to refuse the application was moved and lost. The same Council officer's report was further considered at the 4 October 2012 Ordinary Meeting where Council approved the workers cottage component of the application and further deferred a decision on the poultry farm expansion component. Since the application was last considered by Council, the applicants have commissioned a second Air Quality Impact Assessment by Dr Rivka Kolton - Shapira (Attachment 5). This second assessment includes the installation of add-on technology (dust rooms) to the new and existing poultry sheds and concludes that the level of odour and dust emissions from the expanded farm would be reduced to below the level of emission currently emanating from the existing 4 shed farm, satisfying the objectives of the Environmental Protection (Air) Policy 2008. Based on the conclusions of the second Air Quality Impact Assessment, in December 2013, Council's Environmental Health section (concurrence agency for the environmentally relevant activity (ERA)) issued a changed response approving the poultry farm expansion subject to conditions. Notwithstanding the decision to approve the ERA aspect of the development application, Council must also be satisfied that the poultry farm expansion will comply with all relevant provisions of the Mareeba Shire Planning Scheme 2004. Numerous sensitive receptors (dwelling houses) are located in very close proximity to the proposed new sheds and will be subjected to nuisance if the add-on technology does not perform to the predicted efficiency. Accordingly, there is no margin for error with the poultry farm expansion. In this light, and with all due respect to Dr Rivka Kolton - Shapira and Council's Environmental Health section, Pacific Environment Limited, a consultancy firm with extensive experience in poultry farm impact assessments, were commissioned to peer review the second air quality impact assessment. Pacific Environment Limited concludes that they cannot support the modelling used or the assumption that the dust rooms will reduce odour emissions by 85%. Further, they cannot support the conclusions that are reached in the assessment and therefore it is their recommendation that the expansion should be refused due to the likelihood of non-compliance with the objectives of the Environmental Protection (Air) Policy 2008. Accordingly, it is recommended that the Animal Husbandry-Intensive (Expansion of Poultry Farm from 4 to 6 Sheds) aspect of the application be refused.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

OFFICER'S RECOMMENDATION

”1. That, in relation to the following development application:

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and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved in part by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), reasons for refusal of animal husbandry-intensive aspect in (F), relevant period in (G), further permits in (H), and further approvals from Council listed in (I); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use - Workers

Cottage. The Animal Husbandry-Intensive (Expansion of Poultry Farm from 4 to 6 Sheds) aspect of the Material Change of Use application is refused.

(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: - found necessary by Council’s delegated officer at the time of examination

of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

Plan/Document Number

Plan/Document Title Prepared by Dated

Figure 1 Site Layout Landline Consulting February 2011

APPLICATION PREMISES APPLICANT: Aqua Holdings (Qld) Pty

Ltd ADDRESS: 59 Martin Road, Chewko

DATE LODGED 23 March 2011 RPD: Lot 10 on RP708044 TYPE OF APPROVAL Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Animal Husbandry-Intensive (Expansion of Poultry Farm from 4 to 6 Sheds), Worker's Cottage and Environmentally Relevant Activity No 4 - Poultry Farming

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2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General 3.1 The development approval would not have been issued if not for the

conditions requiring the construction of infrastructure or the payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

3.2 The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to the issue of a building permit and at the rate applicable at the time of payment.

3.4 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.5 Flood Immunity All buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above 100 ARI year level.

3.6 Bushfire Management The caretaker's residence erected on the subject site shall be in accordance with State Planning Policy 1/03, in particular the development: (i) Shall achieve a setback from hazardous vegetation of 1.5 times the

predominant mature canopy tree height or 10 metres, whichever is greater.

(ii) be provided with a source of water for fire fighting purposes of not less than 5,000 litres, with a 50mm male camlock fitting where necessary, to be provided at the same time the caretaker's residence is constructed.

(iii) Where possible, the caretaker's residence should be located in the location of lowest hazard within the allotment.

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3.7 A Bushfire Management Plan will be prepared in accordance with Appendix 8 of State Planning Policy 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslide to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

4. Infrastructure Services and Standards 4.1 Access

Access to the worker's cottage shall be via the existing poultry farm access only.

4.2 Stormwater Drainage/Water Quality (a) The applicant/developer must take all necessary steps to ensure a

non-worsening effect on surrounding land as a consequence of the development.

(b) All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

4.3 Car Parking/Internal Driveways The worker's cottage must be provided with at least one (1) on-site covered carpark.

4.4 Non-Reticulated Water Supply The worker's cottage must be provided with a minimum of 22,500 litres of on site water storage to the satisfaction of Council's delegated officer.

4.5 On-Site Wastewater Management The on-site effluent disposal system for the approved worker's cottage must be constructed in compliance with the latest version On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

(D) ASSESSMENT MANAGER’S ADVICE (a) Compliance with applicable codes/policies

The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(b) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(c) Environmental Protection and Biodiversity Conservation Act 1999

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The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.deh.gov.au.

(d) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.derm.qld.gov.au.

(E) CONCURRENCE AGENCY CONDITIONS AND/OR REQUIREMENTS

(a) Department of Transport and Main Roads requirements dated 11 October 2011.

(b) Mareeba Shire Council concurrence agency conditions - Environmentally Relevant Activity dated 4 December 2013. This Development Approval consists of the following schedules: Schedule A: General Conditions Schedule B: Air Discharge Conditions Schedule C: Water Discharge Conditions Schedule D: Stormwater Management Conditions Schedule E: Land Application Conditions Schedule F: Noise Control Conditions Schedule G: Waste Management Conditions Schedule H: Self-Monitoring and Reporting Conditions Schedule I: Definitions Schedule A – General Conditions (A1) The environmentally relevant activity must be constructed, operated and

maintained in accordance with the plans, specifications and information submitted by the applicant which are approved by the Administering Authority as set out in the attached schedule to this development approval except that, in the event of an inconsistency arising between the application and the conditions of this development approval, the conditions of the development approval must apply.

(A2) The holder of the development approval must not change the method of

disposal or increase the amount of disposed waste under this development approval if the change is likely to increase.

(A3) Contaminants must not be released to the environment other than in

accordance with the development approval.

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(A4) The holder of the development approval must install and operate all works and control equipment, and take all measures, perform all acts and do all things necessary to ensure compliance with the conditions of the development approval.

(A5) A copy of this development approval must be kept in a location readily

accessible to personnel carrying out the activity. (A6) The holder of the development approval must ensure that those persons

responsible for day-to-day operations at the approved place are familiar with the conditions of this development approval.

(A7) Any record required to be kept as a condition of the development approval must

be kept at the approved place and be available for examination by an authorised person.

(A8) Copies of any record required to be kept by a condition of the development

approval must be provided to any authorised person or the administering authority on request.

(A9) In the event of any inconsistency arising between the meaning of any term

provided in the definitions schedule of this development approval and any common usage of that term, the meaning conferred in the definitions schedule of this development approval must apply.

Schedule B – Air Discharge (B1) No odour determined to be strong or very strong (4 to 5 intensity on German

Standard VDI 3882 (1) (1992)) by an authorised person is to impact upon any residential dwellings at any time of day or night or workplace during regular work hours, at a property adjacent to the approved place, when assessed every 10 seconds over a 20 minute assessment period in one location at the residential dwelling or workplace. The odour will impact if it is determined to be present more than 25% of the 20 minute assessment period or detected at a strong or very strong intensity level more than 30 times during the 20 minute assessment period.

(B2) No contaminant/s, including but not limited to odour, dust, smoke, fumes, air

borne particulates and aerosols, determined by a suitably qualified person or authorised person is to impact upon residential dwellings or workplace in a way that causes or is likely to cause detrimental impacts upon a person/s health.

(B3) No incineration or open burning of products from poultry farming operations is

to be carried out on the approved place. (B4) Abrasive blasting, grinding, sanding and drilling shall not be conducted in such

a manner that may cause an environmental nuisance. (B5) Dust and air borne particulate emissions must not exceed particulate matter

(PM), PM2.5µ and PM10µ levels for human health and well being as described in the Environmental Protection (Air) Policy 2008 at any residential dwelling or workplace adjacent to or adjoining the approved place.

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(B6) All poultry farming operations must be carried out in accordance with an Environmental Management Plan that has been approved by the Administering Authority.

Schedule C – Water Discharge (C1) Except as otherwise provided by the conditions of the water schedule of this

development approval, the environmentally relevant activity must be carried out by such practical means which may be necessary to prevent the release of contaminants to stormwater or nearby waterways.

(C2) Contaminants must not be directly or indirectly released from the approved

place to any waters or the bed and banks of any waters. (C3) Wastewater and other liquid waste shall be discharged to sewer or removed

using the services of an approved trade waste contractor. The holder of this development approval must comply with the trade waste permit issued in relation to the premises (if applicable).

Schedule D – Stormwater Management (D1) Except as provided by the conditions of the stormwater management schedule

and the water schedule of this development approval, the environmentally relevant activity must be carried out by such practical means which may be necessary to prevent or minimise the contact of incident rainfall and stormwater runoff with wastes, contaminants or material to any stormwater drainage system, roadside gutter or water.

(D2) Any stormwater leaving the approved place shall contain no visible floating oil,

grease, scum, litter or other matter. (D3) Any spillage of wastes, contaminants or other materials must be cleaned up as

quickly as practical. (D4) All work must be carried out undercover, and within the confines of the

processing shed so as to prevent the contamination of stormwater. Schedule E – Land Application (E1) The environmentally relevant activity must be carried out by such practical

means that may be necessary to prevent or minimise the release of contaminants to the land.

Schedule F – Noise Control (F1) Expect as otherwise provided by the conditions of the Noise schedule of this

development approval, the environmentally relevant activity must be carried out in a way that prevents or minimises noise emissions.

(F2) The emission of noise from the approved place must not result in offensive

noise levels being emitted beyond the boundaries of the approved place, as determined by an authorised person.

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(F3) All noise from activities must not exceed the levels specified in the Table below. Noise is to be minimised wherever possible between the hours of 7pm and 7am.

Noise limits

Monday to Saturday

7am - 7pm 7pm - 10pm 10pm - 7am Noise level dB(A) measured as

Noise measured at a 'Noise sensitive place'

LA10, adj, 10 mins Bkg + 5 Bkg + 5 Bkg + 5

LA1, adj, 10 mins Bkg + 10 Bkg + 10 Bkg + 10

Schedule G – Waste Management (G1) Waste must not be released to the environment or disposed of contrary to the

conditions of this development approval. (G2) Dead poultry carcasses from the operation of the facility may be disposed of in

an appropriate trench located on the property. The trench is to be maintained and treated in such a way to prevent any environmental nuisance being created by the disposal process. Dead bird carcasses may also be frozen and taken away from the approved place for composting at a property that has approval from the relevant local government for such works (composting) to be carried out.

(G3) Waste created by the approved operation is to be collected and removed from

site by a suitably licenced operator. (G4) Waste must not be burnt or allowed to burn at the approved place or be

removed by a suitably licenced operator and burnt elsewhere. (G5) Where a recycling service is available, recyclable waste must not be deposited

in the general waste stream. Schedule H – Self-Monitoring (H1) All complaints received by the holder of this development approval of this

environmentally relevant activity relating to operations at the approved place must be recorded in a logbook with the following details:

time and date of complaint

contact details of the complainant

response and investigation undertaken as a result of the complaint

name of person responsible for investigating complaint

action taken as a result of the investigation of the complaint.

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(H2) The complaints recorded required by condition H1 shall be maintained for a period of not less than 3 years.

(H3) As soon as practical after becoming aware of any emergency or incident which

results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of this development approval, or their operator on site, must notify the administering authority of the release by telephone or facsimile.

(H4) The notification of emergencies or incidents as required by condition H3 must

include but not limited to the following:

the name of the holder of this development approval

the location of the emergency or the incident

the name and telephone number of the designated contact person

the time of release

the time the holder of the development approval became aware of the release

the suspected cause of the release

the environmental harm and or the environmental nuisance caused, threatened or suspected to be caused by the release

actions taken to prevent any further release and mitigate any environmental harm or environmental nuisance caused by the release.

Schedule I – Definitions (I1) For the purpose of this development approval any term not otherwise defined in

legislation or in the definitions schedule of this development approval has the meaning conferred to that term in its common usage.

(I2) For the purpose of this development approval the following definitions apply:

“Act” means the Environmental Protection Act 1994;

“Administering Authority” means the Mareeba Shire Council or its successor.

"Composting" means the natural process of degradation of organic matter by microbial life.

"Environmental Management Plan" means an environmental management plan document; or another document, however called, that proposes conditions and mechanisms to manage the potential environmental impacts of a poultry farm.

"Workplace" means a place that is either inside a building, shed or other structure or a place that is outside, where a work activity is undertaken for a period of 3 or more days per week on a continuous basis.

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(F) ASSESSMENT MANAGER'S REASONS FOR REFUSAL OF ANIMAL HUSBANDRY-INTENSIVE ASPECT OF MATERIAL CHANGE OF USE APPLICATION: (a) Development assessable against the Planning Scheme

1. The animal husbandry-intensive aspect of the proposed development is in

conflict with Part 6, Division 20, 6.3 Overall Outcomes for Animal Husbandry-Intensive Code, (2): (2) The overall outcomes sought for this code is to facilitate Animal

Husbandry - Intensive uses and development: (a) On sites that are appropriate in size and suitably located for the

proposed use;

(b) That maintains the expected amenity of the locality;

(c) That protects the environmental values of the area; (d) On suitable sites where the impacts associated with these types of

activities can be managed to acceptable levels.

2. The proposed development is in conflict with Part 6, Division 20, 6.4 for Animal Husbandry-Intensive Code: S4 Air Quality

The emission of any odour, dust and air pollutants is minimised to ensure no nuisance is caused beyond the site boundaries.

PS4 No solution specified.

3. That there are not sufficient grounds to justify approval of this aspect of the proposed development, despite the identified conflicts.

(G) RELEVANT PERIOD When approval lapses if development not started (s.341)

Material Change of Use – four (4) years (starting the day the approval takes effect);

(H) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Development Permit for Building Work

(I) OTHER APPROVALS REQUIRED FROM COUNCIL

Compliance Permit for Plumbing and Drainage Work

2. That the Adopted Infrastructure Charges Notice issued on 11 October 2012 for the following infrastructure charge/s continues to apply:

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Infrastructure Charge Rate

Current Amount of

Charge

Augmentation of the Road Network Contributions (Mareeba South)

1 EDC $3,790.00

TOTAL CURRENT AMOUNT OF CHARGE

$3,790.00

3. The decision notice for this development approval supersedes the decision notice issued

by Council on 11 October 2012 which granted partial approval (workers cottage only) of Development Application MCU/11/0006."

THE SITE

The subject land is described as Lot 10 on RP708044, Parish of Tinaroo, County of Nares, situated at 59 Martin Road, Chewko. The subject land has an area of 9.866 hectares, with a frontage of approximately 714 metres to Martin Road. Martin Road is bitumen sealed up to the main access into the existing poultry farm. The remainder of Martin Road is formed to a gravel standard. The land is currently used for animal husbandry-intensive (poultry farm) with four (4) poultry sheds established on site. The ventilation fans for the existing sheds extract air towards the west. A dwelling house and farm shed are also constructed on the subject land. These structures are located to the west of the existing poultry sheds. The subject land has been entirely cleared of remnant vegetation. All properties in the locality are zoned Rural under the Mareeba Shire Planning Scheme and are used for a variety of rural purposes. Based on an assessment of the latest available aerial photograph, 8 dwelling houses are established within 500 metres of the existing poultry farm with the potential for a further 5 dwelling houses within 500 metres should vacant allotments be developed. A further 14 dwelling houses are established between 500 metres and 1,000 metres of the poultry farm.

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Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability

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in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

BACKGROUND AND CONTEXT NIL PREVIOUS APPLICATIONS & APPROVALS Council at its meeting of 7 October 1993 approved an application made by A & K Ebersbach for town planning consent for the establishment of a poultry farm on Lot 10 on RP708044, Martin Road, Chewko. The approval was granted subject to one (1) condition relating to access. The four (4) existing poultry sheds were established under this development approval. The access required by the only condition has been constructed. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Animal Husbandry-Intensive (expansion of poultry farm from 4 to 6 sheds), Workers Cottage and Environmentally Relevant Activity No 4 - Poultry Farming in accordance with the plans shown in Attachment 1. The applicant proposes to establish two (2) additional poultry sheds (each measuring 160m x 17m) immediately to the east of the four (4) existing poultry sheds (each measuring 100m x 13.6m). The two (2) additional poultry sheds would increase the farm capacity from 100,000 birds to 240,000 birds; however the applicant advises that the farm is unlikely to exceed 200,000 birds until 2015. The proposed development also includes a worker's cottage (dwelling house) which will accommodate a farm manager and a three (3) sided shed to store saw dust/litter material. The applicant proposes to minimise noise, dust and odour emissions through shed add-on technology (dust rooms) fitted to new and existing sheds and through best practice farm management. A one (1) metre high vegetated earth wall is to be constructed along the northern boundary of the subject land, adjacent to the new sheds. Air Noise Environment Pty Ltd has prepared a Noise Impact Assessment and Dr Rivka Kolton-Shapira has prepared an Air Quality Impact Assessment. These documents are provided as Attachment 2 and Attachment 5 respectively. REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3 Areas of Ecological Significance identifies the site as containing a very small area of Wetland Area of General Ecologic Significance. PLANNING SCHEME DESIGNATIONS

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Strategic Framework designation: Mareeba Dimbulah Irrigation Area

Zone: Rural

Overlays Natural Disaster - Bushfire Overlay Airport & Aviation Facilities Overlay

Planning Scheme Definitions The proposed use is defined as:-

Animal husbandry – intensive means the use of premises including buildings, structures, pens, storage areas and effluent treatment areas for commercial activities involving the breeding, keeping or depasturing of animals where animals are reliant on prepared or manufactured feed for production purposes and/or are held at high densities pending transportation or marketing. The term includes: "Cattery" - the keeping, boarding or breeding of 4 or more cats (excluding kittens under the

age of 3 months;

“Crocodile farms” – the keeping of more than two crocodiles;

“Cattle feedlots or lot feeding”;

"Goat Farm" - the keeping or breeding of 2 or more goats per hectare;

"Kennel" - the keeping, boarding or breeding of 4 or more dogs (excluding pups under the age of 3 months);

"Piggery" - the keeping of 1 or more pigs;

“Poultry farm” - the keeping and breeding of poultry for sale, exchange, egg production or slaughtering;

“Stable” - the keeping or stabling of more than two horses per hectare. Workers cottage means the use of premises for the purpose of providing accommodation for farm or other workers engaged in bone fide rural occupations on the same premises.

ASSESSMENT AND DECISION REQUIREMENTS The Table of Assessment for the Rural zone specifies that the application is code assessable. It was lodged under the Sustainable Planning Act 2009 (SPA), and is assessed in accordance with the requirements of that Act. Sections 313, 317, 324 and 326 of SPA set out the decision rules that Council must follow when deciding this application and these are summarised below:- The decision must be based on assessments made against the State Planning Regulatory

Provisions 2009, and relevant provisions of the Regional Plan, state planning policies not reflected in the planning scheme, the planning scheme including the relevant Codes (the relevant instruments) and any applicable codes of a preliminary approval to which section 242 applies.

Council must also assess and decide the application having regard to the common material submitted with the application, any development approval for, and any lawful use of, premises the subject of the application or adjacent premises, any concurrence agency requirements and advice agency recommendations and the purposes of any instruments containing an applicable code.

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Council may give weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but before the decision stage is started or restarted.

The decision must not be inconsistent with the State Planning Regulatory Provisions 2009.

The decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party.

Chapters 2 to 4 of SPA sets out the hierarchical relationship between the planning instruments that a development application is required to be assessed against. If there is an inconsistency between the planning instruments, the higher level planning instrument prevails to the extent of the inconsistency. The state and local planning instruments (in hierarchical order) are as follows:- State Planning Instruments (a) State Planning Regulatory Provision (b) Regional Plan (c) State Planning Policy (d) Standard Planning Scheme Provisions Local Planning Instruments (a) Planning Scheme (b) Temporary Local Planning Instrument (c) Planning Scheme Policy Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) State Planning Regulatory Provisions 2009 The Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions 2009 are relevant. The provisions stipulate that the application does not require referral. (b) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

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DRO 7.1 Protection of Waterways, Wetlands and Water Quality Land Use Policy Complies Comments

7.1.1 Development is planned, designed,

constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

The development can be conditioned the meet the required standards.

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(c) State Planning Policies

(i) The following State Planning Policies have been appropriately reflected in the Planning Scheme.

State Planning Policy 1/92 – Development and Conservation of Agricultural Land

State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Bushfire only)

State Planning Policy1/02 – Development in the vicinity of Certain Airports and Aviation Facilities

(ii) The following State Planning Polices are not reflected in the planning scheme and are applicable in the assessment of this application:

State Planning Policies

SPP Complies Comments

SPP 1/03

Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (Flood and Landslide only)

The subject site is not located within a ‘natural hazard management area’ for landslide or flood. The Bushfire aspect of this SPP is adequately reflected by the Mareeba Shire Planning Scheme, a separate assessment against this SPP is therefore not required.

SPP 1/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef catchments (temporary SPP)

N/A The subject site is not identified as a Great Barrier Reef wetland protection area.

SPP 1/92

Development and the Conservation of Agricultural Land

N/A This SPP is adequately reflected by the Mareeba Shire Planning Scheme, a separate assessment against this SPP is therefore not required. The site of the proposed new sheds is not identified as GQAL.

SPP 2/02

Planning and Managing Development Involving Acid Sulphate Soils

N/A The subject site is not affected by potential acid sulphate soils being well above 5m AHD.

SPP 2/07

Protection of Extractive Resources and Guideline

N/A The subject site is not located within the vicinity of a Key Resource Area or associated haulage route.

SPP 2/10

South East Queensland Koala Conservation

N/A This SPP is only applicable to SEQ.

SPP 3/10

Acceleration of compliance assessment

N/A The proposed development does not meet the criteria for compliance assessment under this SPP.

SPP 4/10

Healthy Waters N/A This SPP came into effect on 2 May 2011 and is therefore not applicable to the subject application given that it was lodged prior to the SPP being introduced.

SPP 5/10

Air, Noise and Hazardous Materials N/A This SPP is not applicable as there are no management areas to which the SPP applies within the MSC LGA.

SPP 1/12

Protection of Queensland's Strategic Cropping Land

N/A This SPP came into effect on 30 January 2012 and is therefore not applicable to the subject application given that it was lodged prior to the SPP being introduced.

(d) Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 14 Rural Zone Code (Workers Cottage only) Part 5, Division 4 Airport and Aviation Facilities Overlay Code

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Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 20 Animal Husbandry – Intensive Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that aspects of the application conflict with specific outcomes of the Animal Husbandry-Intensive Code.

Relevant Codes Comments

Rural zone code (applicable to workers cottage only)

Conditions will be required in relation to: Boundary Setback Building Height On site wastewater disposal Water supply

Natural Disaster Bushfire Overlay code

Conditions will be required in relation to: On site water storage with fire fighting fitting Bushfire management plan

Animal Husbandry-Intensive code

The poultry farm expansion aspect of the application does not comply with the following overall outcomes, and specific outcomes:

Overall Outcomes (a), (b), (c) and (d) Specific Outcome S4 - Air Quality

Refer to discussion below.

Noncompliance with the relevant overall outcomes and specific outcomes of the following Codes are summarised as follows: Conflicts with the overall outcomes and specific outcome S4 of the Animal Husbandry-Intensive code: (2) The overall outcomes sought for this code is to facilitate Animal Husbandry - Intensive uses

and development: (a) On sites that are appropriate in size and suitably located for the proposed use;

(b) That maintains the expected amenity of the locality;

(c) That protects the environmental values of the area;

(d) On suitable sites where the impacts associated with these types of activities can be

managed to acceptable levels. Comment The four overall overcomes are effectively seeking the same outcome. That is, animal husbandry-intensive activity occur on sites where it can be managed to avoid unacceptable impacts on the environment and surrounding locality. The odour impact assessments provided by the applicant predict non-compliance with the air quality (odour) objectives of Environmental Protection (Air) Policy 2008 at

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many surrounding dwelling houses if effective add-on odour control technology is not fitted to all sheds. Prior to issuing any approval for the poultry farm expansion, Council must be certain that the proposed add-on odour control technology will work to the required level of efficiency over an extended period. It has not been proven with an acceptable degree of certainty that the proposed odour control technology will work to the required level of efficiency over an extended period. The single odour sample taken from a dust room in Israel is insufficient to reasonably demonstrate that such an enclosure will operate with the same efficiency over an extended period, and in the specific Australian climatic conditions. Based on the expert advice from Pacific Environment Limited, Council cannot be certain that the proposed add-on technology will actually achieve the necessary level of efficiency to prevent odour emissions exceeding the air quality objective of the Environmental Protection (Air) Policy 2008. The poultry farm expansion aspect of this application is in conflict with these overall outcomes.

S4 Air Quality The emission of any odour, dust and air pollutants is minimised to ensure no nuisance is caused beyond the site boundaries. Comment The planning scheme does not specify any probable solutions for complying with this specific outcome. In 2012, the Department of Agriculture, Fisheries and Forestry released the Queensland Guidelines Meat Chicken Farms in order to provide consistent information for the planning and development of meat chicken farms within Queensland. The Queensland Guidelines Meat Chicken Farms recommends two (2) methodologies to assess the adequacy of separation distances and ensure meat chicken farms are developed so as not to cause unlawful environmental harm as a result of odour, particulate matter or other air emission. The recommended methodologies are the s-factor formula and plume (odour) dispersion modelling. The s-factor formula was originally devised in Queensland for use in the feedlot industry. Due to its success, the State Government has developed a similar s-factor formula specifically for use in the meat chicken industry. The s-factor formula allows for the rapid and simple assessment of separation distances for meat chicken farms with up to 300,000 birds. Applying the s-factor formula to the current poultry farm expansion would result in a required separation buffer distance of 845 metres to the closest sensitive receptor. Based on an assessment of the latest available aerial photograph, 8 dwelling houses are established within 500 metres of the existing poultry farm with the potential for a

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further 5 dwelling houses within 500 metres should vacant allotments be developed. A further 14 dwelling houses are established between 500 metres and 1,000 metres of the poultry farm. It is not possible to achieve the minimum separation buffer distance of 845 metres due to the proximity of the existing sensitive receptors. Due to the inability to achieve the minimum separation buffer distance, plume (odour) dispersion modelling was carried out for the proposed poultry farm expansion. Two (2) air quality impact assessments (dust and odour) have been undertaken for the proposed poultry farm expansion. The first assessment was undertaken by Air Noise Environment Pty Ltd in June

2012. The second assessment was undertaken by Dr Rivka Kolton-Shapira in

September 2013. Both assessments predict that dust emissions from the expanded poultry farm will be in compliance with the air quality objectives of the Environmental Protection (Air) Policy 2008 for the identified nearby sensitive receptors (dwelling houses). Each of the air quality impact assessments uses different modelling software (CALPUFF vs AERMOD) to predict the odour emissions and there is significant variation between the odour levels predicted in each assessment. Notwithstanding this variation, both assessments predict noncompliance with the air quality (odour) objectives of Environmental Protection (Air) Policy 2008 at many surrounding dwelling houses for an expanded poultry farm unless add-on odour control technology is installed on all existing and proposed poultry sheds. The following table summarises the predicted non-compliance with the 2.5OU (odour unit) air quality objective for the expanded farm without add-on odour control technology.

1st Assessment

(OU) 2nd Assessment (OU)

Receptor 1 5.3 3.3

Receptor 2 10.2 3.2

Receptor 3 10.0 6.6

Receptor 4 3.3

Receptor 11 3.8

Receptor 14 14.9 3.2

Receptor 15 7.8

Receptor 16 4.6

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Receptor 17 3.6

Receptor 18 3.5

Without the installation of add-on odour control technology, significant non-compliance with the air quality (odour) objectives is likely. The installation and performance of add-on odour control technology for each shed is therefore fundamental to any approval of the proposed poultry farm expansion. The first assessment did not propose add-on odour control technology capable of bringing the expanded farm into compliance with the 2.5OU air quality objective. It did consider electrostatic precipitators which were assumed as being capable of achieving a 30% reduction in odour emissions. A 30% reduction would reduce non-compliance from 10 to 7 sensitive receptors. The second assessment proposes add-on odour control technology (dust room enclosure) to existing and new sheds. Based on a single odour sampling taken at a similar poultry shed dust room enclosure in Israel, the consultant has predicted that the dust room enclosures will achieve an 85% odour reduction efficiency. Based on this efficiency level, the second air quality impact assessment predicts that the expanded farm would achieve compliance with the air quality (odour) objectives of Environmental Protection (Air) Policy 2008 at all sensitive receptors. In December 2013, based on an internal review of Dr Kolton-Shapira's assessment, Council's Environmental Health section issued an amended concurrence agency response for the environmentally relevant activity (proposed poultry farm expansion) changing from a direction to refuse the expansion, to the conditioned approval of the expansion. This concurrence agency approval must be included in the final decision notice issued by Council irrespective of whether Council ultimately approves or refuses this material change of use application. Following on from the issue of the amended concurrence agency response, a set of draft conditions for potential approval of the material change of use application was distributed to the applicants for discussion in December 2013. A Council decision on the application was deferred until 2014 pending the re-establishment of Mareeba Shire Council. In February 2014, following a meeting between Council representatives and the applicants, Council officers called for expressions of interest from suitably qualified consultants with demonstrated expertise in the assessment of poultry farm odour emissions, to undertake a peer review of the second air quality impact assessment to ensure the veracity of its assumptions and findings. Pacific Environment Limited was subsequently engaged to undertake the peer review. Pacific Environment Limited has extensive experience in the assessment of poultry farms within Australia. A complete copy of the peer review is provided as Attachment 7. Pacific Environment Limited's peer review concludes as follows:

"We have reviewed the information provided to us by MSC. Based on our review of the data provided to us, as well as other information available to us, we cannot support the modelling used or the assumption that the dust room will

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reduce odour emissions by 85%. If this were the case, the majority of farms of Queensland would use this technology. If this farm were approved, it would to our knowledge be the first farm in Queensland to be approved on the basis that it relies entirely on odour control (in terms of a percent reduction in odour emissions) to achieve compliance. All other farms in Queensland (that we are aware of) approved in at least the last five years have been on the basis of having a suitable buffer in place with no allowance for odour control. This is consistent with the results of several major studies that have failed to demonstrate that cost-effective odour emissions reduction technologies suitable for the industry yet exist. In that context, the claim of 85% odour control requires detailed, high quality, peer-reviewed supporting evidence if it is to be relied upon. Moreover, no sampling has been performed in the existing sheds to confirm the assumption that sheds in Israel are equivalent to sheds on the Atherton Tablelands. We are not aware of any data for the Tablelands. Given that emissions are strongly influenced by litter moisture, the effect of differences in rainfall, humidity and temperatures between the Tablelands and Israel is important, but has not been assessed. Further, the relevance of the existing body of emissions data from southeast Queensland to conditions in both Israel and the Atherton Tablelands is not well understood. As a result, we cannot support the conclusions that are reached in the assessment and, therefore, the current application for expansion should be refused."

Pacific Environment Limited recommend that Council refuse the poultry farm expansion because it has not been proven with an acceptable degree of certainty that the proposed odour control technology will work to the required level of efficiency over an extended period. The single odour sample taken from a dust room in Israel is insufficient to reasonably demonstrate that such an enclosure will operate with the same efficiency over an extended period, and in the specific Australian climatic conditions. Based on the expert advice from Pacific Environment Limited, Council cannot be certain that the proposed add-on technology will actually achieve the necessary level of efficiency to prevent odour emissions exceeding the air quality objective of the Environmental Protection (Air) Policy 2008. Accordingly, it is recommended that the poultry farm expansion be refused. As further recommended by Pacific Environment Limited, if the farm owner were to construct an enclosure on an existing shed and prove (using a suitable methodology over an extended period) that the enclosure reduces emissions by the value proposed, Council could then consider approval of a future application with the enclosure fitted on all sheds. Pacific Environment Limited's recommended methodology for the additional dust enclosure testing is as follows:

"However, if the farm owner were to construct an enclosure on an existing shed and prove (using a suitable methodology over an extended period) that the enclosure reduces emissions by the value proposed, Council could consider

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approval with the enclosure on all sheds. However, as noted above in Section 2.3, there is no data to support that such an enclosure works in Australian Conditions with or without foggers in place. If the farm owner were to construct an enclosure and validate the technology we recommend that the methodology used to prove technology be developed in conjunction with: The farm operator Research staff from DAFF Staff from council The methodology would need to include consideration of: Who will do the sampling (a suitably qualified independent third party

acceptable to all parties) How odour is measured at the site in accordance with AS4323.3

(Standards Australia, 2001) including consideration of odour sample decay.

Where odour samples are collected. Existing odour emissions from the farm Time of year impacts (accounting for the northern wet season) The number of samples collected (minimum of two per sample point) How many batches are sampled, and at what ages (notionally at week 5

prior to thinning as a minimum). What data will be collected leading up to and on the sampling day.

Compliance with Specific Outcome S5 Noise of the Animal Husbandry-Intensive Code is discussed below, although the proposed development (with the dust rooms fitted) is no longer considered to conflict with this specific outcome. S5 Noise

The noise generated by the activity does not cause nuisance to adjoining properties or noise sensitive development.

Comment A Noise Impact Assessment was also undertaken by Air Noise Environment Pty Ltd (Attachment 2). The Noise Impact Assessment carried out by Air Noise Environment Pty Ltd modelled several scenarios regarding noise emissions from the poultry farm post operation of the 2 new sheds. The noise modelling indicates that noise emissions were measured against the criteria for indoors at sensitive receptors, as contained in Schedule 1 of the EPP (Noise) 2008. The scenarios considered were noise emissions when: - The sheds are emptied of chickens. - When feed is delivered to the farm. - Operation of the poultry sheds throughout summer months.

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It is important to note that the noise emissions assessment carried out by Air Noise Environment Pty Ltd used the standards within the Planning for Noise Control Guideline (July 2004) that was developed by the Department of Environment and Resource Management (DERM) now known as Department of Environment and Heritage Protection. When assessing a Development Application the application regarding noise emissions must be measured against the criteria within the Environmental Protection (Noise) Policy 2008, however criteria 5 (c) of the standard criteria also allows for the application to be measured against standards that have been developed by the state. This section of the development application assessment will only consider the noise emission criteria contained within Schedule 1 Acoustic Quality Objectives within the EPP (Air) policy. The criteria for assessment listed in Schedule 1 for Sensitive Receptors (Dwellings) for (outdoors) states the noise emissions LAeq,adj,1hr indicates that during the daytime and evening that noise should not exceed 50 dB(A). This is the level of noise emissions that is not to be exceeded in order to protect the health and wellbeing of residents at such receptors. The LAeq,adj,1hr for dwellings (indoors) is 35dB(A) during the day and evening and 30dB(A) during night time. The Noise Impact Assessment provided to Council from Air Noise Environment Pty Ltd indicates that noise emissions from the poultry farm with the additional 2 sheds will not breach the noise emission levels for dwellings (Outdoors). However the noise impact assessment also indicates that 4 of 18 dwellings would experience noise emissions in excess of the night time prescribed emission rate of 30 dB(A) if bird feed was delivered at night and 3 of 18 dwellings would experience noise levels that would breach the prescribed emission rate of 35 dB(A) if the feed was delivered throughout the day (dependent upon the given wind direction). The noise emission criteria within Schedule 1 Acoustic quality objectives will not be able to be maintained when bird feed is delivered to the farm under particular wind conditions. Given that this breach of the Acoustic quality objectives already occurs (as the existing birds require feed which gets delivered to the property on a regular basis) the additional noise as a result of the potential expansion is considered to be negligible, particularly if the delivery is received during the day. The delivery of feed to the farm is envisaged to take approximately 30 - 40 minutes per week to deliver. Council officers have several recommendations in regards to the proposed development. These include: Condition the approval so that the add-on technologies have to be fitted to

existing sheds prior to building the larger new sheds. Ensure the conditions include maintaining the add-on technologies so that they

remain effective whilst the sheds are in use and whilst they are being cleaned. Condition the development so that the poultry farming activity is conducted in

accordance with the Aqua Holdings Pty Ltd Environmental Management Plan. Condition the approval so that feed delivered to the farm must be provided

within regular business hours or before 7pm. This is likely to reduce potential complaints about noise emissions from neighbours.

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The proposed dust rooms will also provide a degree of noise shielding to the shed fans which was not factored into the Noise Impact Assessment.

(e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) A water supply for the proposed development would be available from the existing farm supply. No. 4 - Development Manual All development works will need to be carried out in accordance with the FNQROC Development Manual. No. 6 - Augmentation of the Road Network Contribution In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution towards the road network is required should Council approval all or part of the development application. The applicable contributions are:

1 EDC for the workers cottage 0.57 EDC for the poultry farm expansion

Based on the 2013/2014 schedule of fees, 1.57 EDC equates to $5,950.30. No. 9 - Landscaping Should the poultry farm expansion be approved, a condition requiring the applicant to provide some additional vegetation buffering is warranted. This buffering is intended for visual screening rather than the filtration of the shed emissions. (f) Adopted Infrastructure Charges Notice Roadworks In accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution, a contribution of 1 EDC should be charged for the workers cottage and 0.57 EDC for the poultry farm expansion. REFERRALS Concurrence The application triggered referral to Department of Transport and Main Roads as a Concurrence Agency. The Department of Transport and Main Roads advised in a letter dated 11 October 2011 that they have no requirements for the proposed development (Attachment 3).

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Devolved Environmentally Relevant Activity Concurrence Agency role For this purposes of this development application, Council is the delegate for the devolved environmentally relevant activity of poultry farming. Council's delegated officer recommended in a response dated 4 December 2013 that the poultry farm expansion aspect of the development be approved subject to conditions (Attachment 4). Since this application was originally lodged in 2011, the responsibility for the environmentally relevant activity of poultry farming has transferred from local governments to the Department of Agriculture, Fisheries and Forestry (DAFF). Council is still required to assess and decide the ERA component of this application in accordance with the legislation as it existed in 2011. Once a decision is made, responsibly for the ERA component will transfer onto DAFF. Advice The application triggered referral to the Department of Environment and Resource Management (Welands) and Ergon Energy (power line easement) as Advice Agencies. Neither advice agency has provided a response. The proposed development is not expected to adversely impact on either advice agencies area of interest. Internal Consultation Council's Environmental Health section was tasked with the assessment of the environmentally relevant activity for this development application. PLANNING DISCUSSION Two (2) air quality impact assessments have been undertaken for the proposed poultry farm expansion. Both assessments predict that without add-on technology, the expanded poultry farm would exceed the air quality (odour) objectives of Environmental Protection (Air) Policy 2008 for many nearby receptors (dwelling houses). The installation and performance of add-on technology for each shed is therefore fundamental to any approval of the proposed poultry farm expansion. The second air quality impact assessment undertaken by Dr Rivka Kolton-Shapira on behalf of the applicants included the adoption of add-on shed technologies predicted to minimise odour and dust emissions. The assessment indicated that the add-on shed technology would reduce odour emissions by 85% and dust emissions by 93.5%, resulting in the expanded poultry farm meeting the standards prescribed in Queensland contained within the Environmental Protection (Air) Policy 2008. In December 2013, based on an internal review of Dr Kolton-Shapira's assessment, Council's Environmental Health section issued an amended concurrence agency response for the environmentally relevant activity (proposed poultry farm expansion) changing from a direction to refuse the expansion, to the conditioned approval of the expansion. This concurrence agency approval must be included in the final decision notice issued by Council irrespective of whether Council ultimately approves or refuses this material change of use application. Following on from the issue of the amended concurrence agency response, a set of draft conditions for potential approval of the material change of use application was distributed to the

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applicants for discussion in December 2013. A Council decision on the application was deferred until 2014 pending the re-establishment of Mareeba Shire Council. In February 2014, following a meeting between Council representatives and the applicants, Council officers called for expressions of interest from suitably qualified consultants with demonstrated expertise in the assessment of poultry farm odour emissions, to undertake a peer review of Dr Kolton-Shapira's air quality impact assessment. Pacific Environment Limited was subsequently engaged to undertake the peer review. Pacific Environment Limited has extensive experience in the assessment of poultry farms within Australia. Pacific Environment Limited recommend that Council refuse the poultry farm expansion because it has not been proven with an acceptable degree of certainty that the proposed odour control technology will work to the required level of efficiency over an extended period. The single odour sample taken from a dust room in Israel is insufficient to reasonably demonstrate that such an enclosure will operate with the same efficiency over an extended period, and in the specific Australian climatic conditions. Based on the expert advice from Pacific Environment Limited, Council cannot be certain that the proposed add-on technology will actually achieve the necessary level of efficiency to prevent odour emissions exceeding the air quality objective of the Environmental Protection (Air) Policy 2008. Accordingly, it is recommended that the poultry farm expansion be refused. As further recommended by Pacific Environment Limited, if the farm owner were to construct an enclosure on an existing shed and prove (using a suitable methodology over an extended period) that the enclosure reduces emissions by the value proposed, Council could then consider approval of a future application with the enclosure fitted on all sheds. Date Prepared: 10 June 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 5

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ATTACHMENT 6 (Dust Rooms)

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ATTACHMENT 7

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LOCAL LAWS

ITEM-5 CAT REGISTRATION DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Coordinator Environmental Health and Local Laws DEPARTMENT: Corporate & Community Services EXECUTIVE SUMMARY

The Animal Management (Cats and Dogs) Act, the enabling legislation requiring registration of cats and dogs, was amended in October 2013, removing the mandatory requirement for cats to be registered. Transitional provisions giving Councils the option to cease requiring cat registration or to become a declared Local Government and subsequently include the registration requirement in local laws was included. Tablelands Regional Council resolved to be a declared local government giving the council the option to include the provisions in a local law or later resolving to no longer be a declared local government. This avoided the need to consider refunding registration fees already paid. In accordance with the de-amalgamation regulation, this means that Mareeba Shire Council is now a declared local government for the purpose of the Animal Management Act and must decide whether it would like to continue with the requirement to register cats or not.

OFFICER'S RECOMMENDATION

"That Council continue requiring cats to be registered and that appropriate amendments be drafted to amend Tablelands Regional Council Local Law No. 2 (Animal Management) 2011and Tablelands Regional Council Subordinate Local Law No. 2 (Animal Management) 2011”.

BACKGROUND

Prior to the introduction of the Animal Management (Cats & Dogs) Act, Local Governments across the State relied solely on their local laws to require the registration of cats and dogs. In 2008, the Animal Management (Cats & Dogs) Act, which regulates dangerous, aggressive and restricted dogs as well as including the provisions making registration and micro chipping of all cats and dogs a mandatory requirement, was introduced. Local Laws continue to be the legislation that defines how many dogs and cats are allowed to be kept on particular properties. The Local Law (Animal Management) is also the enabling legislation that prescribes minimum standards for keeping animals including the requirements to prevent them from wandering and causing a nuisance to others.

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The requirement for cat registration has now been removed from the Animal Management Act and for Local Governments to continue to require registration they must now amend their Local Laws to include the registration provision. Before Mareeba Shire Council can decide whether to continue with cat registration, Council needs to be aware of the benefits that mandatory registration provides. There are benefits to Council (saving resources), the Community (less nuisance), the Owners (to be reunited with their pets), and also to the cats (health and welfare). In summary, the benefits of continuing to require registration of cats include:

Registration links cats to owners, making owners responsible for their cats.

Statistics indicate that it is the cats without registration that cause most of the problems, and they are rarely claimed when impounded.

Statistics also indicate that the impounded cats are rarely desexed or microchipped.

By increasing the number of registered cats means Council increases the number of

microchipped cats and the number of desexed cats being kept in the community.

Reducing the number of irresponsible cat owners means reducing the number of entire cats, wandering cats and therefore reduces the number of unwanted litters.

The reduction in unwanted cats and the reduction in irresponsible cat owners should

result in a reduction of the number of cat complaints made to Council. Less complaints means less resources required.

The requirement for owners to register cats enables Council to include a monetary

incentive to desex cats incorporated in the registration fees.

Microchipping alone does not link the cat to an owner as microchip details (including the owners name) are often not current.

Requirement to register cats provides another tool Council's Officers can use when

dealing with cat complaints.

The System for cat registration is already established in Council's corporate database.

Removes the need for Council to consider processing fee refunds that may be required if registration is no longer required.

The current outcomes for registered cats versus unregistered cats impounded by Council are: When registered cats are impounded:

Owners have five days to claim their animal when impounded Owners have their cat returned to them first time it is picked up Owners have their cat released at a reduced fee ($70) the first time it is impounded Council Officers know who owns the cat and therefore will give the owners advice

When unregistered cats are impounded:

Owners have three (3) days to claim their cat if impounded Council Officers do not know who owns the animal and will dispose of after three (3) days Owners need to pay full fees if picked up and impounded

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If the cat is desexed and micro chipped it will cost $220 to be released. In some cases, however, it may cost in excess of $400.

Council's Statistics relating to the management of Cats CUSTOMER REQUESTS RECEIVED January 2014 – 28 May 2014

60 customer requests regarding cats 38 of these are requesting a cat trap

REGISTRATION

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2013/2014 Number registered Income expected 14/15 IMPOUNDING

The requirement to have cats registered assists Local Laws Officers when impounding cats and dealing with complaints about nuisance cats. Registration links the animal to an owner; a cat without registration is usually considered to be an unwanted cat. A registered cat that is trapped and impounded will be held for five days while an unregistered cat will only be kept for three days after which time it will be disposed of, usually by euthanasia. During the period from 1 July 2011 to 30 June 2012 at Tablelands Regional Council, 33% of impounded dogs and less than 2% of impounded cats were reunited with their owners. These statistics alone suggest that Council needs to promote responsible pet owners in the community, especially in regard to the keeping of cats. When researching responsible pet ownership, it becomes difficult to separate the three fundamental ingredients:

Jan 2014 to 28 May 2014 Number impounded Percentage

Impounded cats 81 100%

Impounded entire cats 76 93.8%

Impounded desexed cats 5 6.2%

Impounded and registered 2 2.4%

Impounded and claimed 2 2.4%

Impounded and disposed of 72 88.9%

2013/2014 Number registered Income expected 14/15

Registered cats 408 $7,030

Registered entire cats 14 $1,120

Registered desexed cats 394 $5,910

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1. Desexing

2. Identification – registration and microchipping

3. Maintaining proper and effective enclosures.

The benefits experienced by both the animals, owners and the communities, are increased when all three of these fundamentals are supported and promoted by Council. The negative impacts on the communities where owners choose not to be responsible are ongoing and result in a burden on the Council and ultimately the ratepayer. The benefits of registering pets and maintaining a proper enclosure are many. The Australian Institute of Animal Management (AIAM), the RSPCA, the Australian Companion Animal and others have completed numerous studies and published papers that make a number of facts clear:

There is a burden that irresponsible pet owners impose on the community. There is a direct relationship between increased registration and increase in responsible

pet owners An increase in registration results in a decrease in wandering animals The decrease in the number of animals wandering results in less complaints being

received.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

Internal Manager Development & Governance Council's Local Laws Officers External Friends of the Animals (FOTA) Dr Michael Limerick, Barrister at Law Cairns Regional Council Douglas Shire Council Although formal community consultation has not been completed, it can be incorporated in the local law making process if amendments are agreed to. There have been statements made by some who wish for the requirement to register to continue; these include the Friends of the Animals, submitters to the pest advisory committee and members of the general public.

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

In order to continue with the requirement to register cats, Council must follow the process prescribed by the Local Government Act to make amendments to Local Law 2 (Animal Management) and subordinate Local Law 2 (Animal Management).

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In order to cease requiring registration, Council must resolve to no longer be a declared local government and consider the refund of registration fees.

POLICY IMPLICATIONS

Instructions to local laws officers and customer service officers will require amendment to reflect changes resulting from Council's decision whether to continue or not.

FINANCIAL & RESOURCE IMPLICATIONS

Capital NIL Operating Where Council resolves to cease requiring registration, an estimated $7000 in registration fees would need to be refunded. Is the expenditure noted above included in the 2013/2014 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure The 2014/2015 budget has included funds for review and amendment of Council's Local Laws. It has not included the cost of possible refunds estimated at $7000.

IMPLEMENTATION/COMMUNICATION

Where Council resolve to continue to require registration of cats, a media release in all local papers and radio stations will be necessary to properly inform the community. There has been some confusion among cat owners who have formed the opinion that they no longer need to register. Increased promotion of responsible pet ownership is planned to follow the current registration renewal process commencing with the financial year. Registration renewals have been issued with animal owners having until the 30 June to renew their pets’ registration. Reminder notices will be issued to those pet owners who have not renewed by the due date. Those not renewed may also receive a penalty infringement notice ($220) under the Animal Management Act.

ATTACHMENTS

1. Report to Council 17 October 2013 advising of the repeal of cat registration provisions from the Animal Management Act

Date Prepared: 27 May 2014

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ITEM-6 AMENDED 2014-2015 COST RECOVERY FEES FOR ENVIRONMENTAL HEALTH, ANIMAL MANAGEMENT AND LOCAL LAWS DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Coordinator Environmental Health and Local Laws DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report presents amended 2014/2015 cost recovery fees for Environmental Health, Animal Management and Local Laws activities for Council's consideration and endorsement. Council at its meeting of 16 April 2014 adopted the cost recovery fees Environmental Health, Animal Management and Local Laws activities for the coming year. Subsequent to the adoption discussions have taken place which have resulted in this report which recommends that the existing 50% discount offered to pensioners who currently have entire dogs and/or cats is maintained. As a result the amended schedule of fees, as attached, reflects a charge of $40 rather than the $80. This discount will only apply to animals that have been registered in the Mareeba Shire prior to 16 April 2014. Any entire animal registered after this date will attract the full fee.

OFFICER'S RECOMMENDATION

"That Council;

1. Adopt the amended fees as listed for Animal Management, Environmental Health and Local Laws for the 2014/15 financial year; and

2. Endorse the ongoing arrangement in place whereby new applications received for licences,

registrations and approvals on or after 1 April each year are given an extended currency period to the 30 June the following financial year. ”

BACKGROUND

The basis for the proposed change is that there are a number of pensioners who have registered entire animals which are of a considerable age. The cost of having an elderly animal desexed is considerably more than for a young animal and having this additional cost will put further financial strain on pensioners, many of whom are struggling financially. The proposal is only to offer the discount to pensioners who have animals that are currently registered with Council. When they register a new animal they will not be eligible for a pensioner

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discount but would be eligible for the considerable discount for desexed animals, currently $15 as opposed to $80 for an entire animal.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

Internal Finance Officer Finance Manager Councillors

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Council must be able to demonstrate that the cost recovery fees are no more than the cost of providing the service. Council is able to set a fee that is lower than the calculated cost where it is deemed appropriate.

POLICY IMPLICATIONS

NIL

FINANCIAL & RESOURCE IMPLICATIONS

Operating The discount will result in a reduction of income of approximately $6000 to $7000 pa. Is the expenditure noted above included in the 2014/2015? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL

IMPLEMENTATION/COMMUNICATION

Affected pensioners will be advised of the change in the fees. On adoption of the 2014/2015 fees, the schedule of cost recovery fees will need to be updated. The charge controls in the Council's corporate system (Property & Rating) will need to be updated prior to the running of the renewal notices. The website will also need to be updated to reflect the new fees.

ATTACHMENTS

1. Cost Recovery Fees Animal Management Date Prepared: 12 June 2014

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GRANTS AND CORPORATE AND COMMUNITY PLANNING

ITEM-7 HALL HIRE FEES AND CHARGES 2014 - 2015 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 16 June 2014 REPORT OFFICER’S TITLE: Senior Land & Facilities Officer DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

A review of Council’s overall Fees & Charges is part of the annual budget process. This report considers the Hall Hire Fees and Charges Schedule which was discussed at a Council workshop on Thursday 5 June 2014. The underlying principle used in calculation of the proposed fees was to apply the Local Government Indexation amount of 2.6% increase rounded up or down to the nearest five dollar amount. This was done so for ease of administration for both the client and for the Community Service Officers or Management Groups handling bookings and receipt of monies. Much work has been done to calculate the cost/average square metre for individual halls. Current fees and charges and the proposed new charges for hall hire are based on these actual costs, but in all cases, the fees were discounted in order to encourage usage of the facilities. Included in the Service Level Review in 2014/15 will be a comprehensive review of Council's hall hire fees and management arrangements which will be informed by the Facilities Register or matrix which is being developed to bring increased consistency and equity to hall hire and management arrangements.

OFFICER'S RECOMMENDATION

"That Council adopt the proposed fees for Hall Hire charges for 2014/15 as per the attached schedule.”

BACKGROUND

The workshop presented proposed 2014/15 hall hire fees and charges for Council's consideration. Due to the complexity surrounding the calculation of actual costs for maintaining halls and the lack of data about who is using the halls and for what purpose and which fees are being collected, it was proposed that the current hall hire fees plus 2.6% Local Government Indexation be adopted for 2014/15 while a comprehensive review of hall utilisation, operating costs and hall hire fees and charges is conducted in 2014/15. This review will also include recommended hire fees for the Kuranda Community Precinct facilities. The proposed 2014/15 hall hire fees and charges schedule will apply to the following facilities:

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Almaden Public Hall Chillagoe Public Hall Dimbulah Memorial Hall Geraghty Park Hall, Julatten Mt Molloy Memorial Hall Mutchilba Hall and Toilets Cost Recovery Calculations Much work has been done to calculate the cost/average square metre for individual halls. Current fees and charges for hall hire are based on these actual costs, but in all cases, the fees were discounted in order to encourage usage of the facilities. Further adding to the complexity of charging for hall hire is the different management models and arrangements in place for specific halls. For example, the Mt Molloy, Julatten and Mutchilba halls are all community managed while Council manages the bookings etc for the remaining three. However, the management committee for the Mutchilba hall retains the hall hire fees while Julatten and Mt Molloy pass on the fees to Council. The level of assistance provided by Council differs across the halls as well regarding parks and gardens and maintenance of the facilities. Therefore, the proposed Hall Hire review needs firstly to review the management models for halls with the view to bringing some consistency and equity to the arrangements. To this end, a Facilities Matrix is being developed to document current tenure and management arrangements and levels of assistance and service provided by Council with respect to specific facilities. This is proving to be a very labour intensive activity, but is already delivering results by enabling informed Council decision-making. The Hall Hire Review will be informed by the Facilities Register and will form part of the Service Level Review. Regular updates on the review will be provided to Council. MSC Hall Budgets Expenditure far exceeds expected revenue in the Public Halls budget 2014/15 as follows: 2014/15 Revenue $4,500 2014/15 Expenditure $314,473 Expenditure comprises depreciation, maintenance, insurance and various other items depending on the management arrangements for the specific hall. The current hall hire fees and charges have been increased by the Local Government Indexation of 2.6% and rounded up.

LINK TO CORPORATE PLAN

Not relevant at this point in time

CONSULTATION

Internal Director of Corporate & Community Services Manager Community Wellbeing Councillors External Facility Management Groups

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Projected $4,500 will be received in revenue from Facility hire. Is the expenditure noted above included in the 2014/2015 budget? Yes

IMPLEMENTATION/COMMUNICATION

Advise Customer Services Officers of change and alter associated documents, advise all Facility Management Groups.

ATTACHMENTS

Mareeba Shire Council Hall Hire Fees & Charges for 2014-2015

Date Prepared: 6/6/2014

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ITEM-8 LIBRARY SERVICES FEES AND CHARGES 2014 - 2015 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Coordinator Libraries DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report presents the recommended 2014/2015 fees for Library Services for Council's consideration and endorsement. The Local Government Act 2009 does not require Council to set fees and charges to recover the full costs of library services. The process costs for 2014/2015 outlining current fees, calculated and process costs and the proposed fees were considered at a Council workshop on 5th June 2014. The underlying basis for the proposed fees and charges is to support cost recovery within the stipulations of the Service Level Agreement for Public Library Services which proscribes a fee for inter-library loans and by adopting this fee, Mareeba Shire Council maintains eligibility for the annual Public Library Grant.

OFFICER'S RECOMMENDATION

"That Council adopt the proposed fees for Libraries for 2014/15 as per the schedule attached."

BACKGROUND

Methodology Review of actual cost of fees and charges Current Library fees and charges were reviewed and most were maintained at the 2013/14 level as they were based on the actual cost to Council of delivering the service. Credit Recovery Agency contract ceased The administration fee charged to customers for the recovery of lost or damaged items is recommended to be discontinued as Council no longer contracts a Credit Recovery Agency as the cost was not worth the outcomes achieved. Inter-Library Loan fees proscribed The Inter- Library Loan fee is proscribed by the State Library of Queensland and is recommended to be no more than $2.50/item reflecting a contribution to the freight costs for the item. This proscribed fee is tied to the Public Library Grant that Council receives from the State Library of Queensland. In 2014/15 the grant will be $116,268 and Council uses these funds to purchase catalogue items such as books and other resources. Council relies on this grant for maintaining and refreshing the library catalogue and does not contribute any other funds for this purpose.

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As a result of receiving this library grant, Council must be able to demonstrate that Library resources are made available, free of charge, to Libraries, and their members, across the State of Queensland. As a signatory of the Service Level Agreement, Council has accepted that cost recovery for Inter-Library Loan Services and Reciprocal Borrowing provisions is proscribed and that Library resources purchased with State Library of Queensland grant funds will be made freely accessible in the State of Queensland. The addition of any further fees and charges, however, will be seen as a breach of the Service Level Agreement. However, a procedural change will be implemented whereby customers will be charged the $2.50 inter-library loan fee up front when they order the item.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

Internal Director of Corporate & Community Services Manager Community Wellbeing Councillors External State Library of Queensland, Director, Regional Access and Public Libraries.

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

NIL

POLICY IMPLICATIONS

NIL

FINANCIAL & RESOURCE IMPLICATIONS

Adopting the proscribed inter-library loan fee of $2.50 will maintain Council's eligibility for the Public Library Grant administered by the State Library of Queensland.

IMPLEMENTATION/COMMUNICATION

On adoption of the 2014/15 fees Library Management Systems will need to be modified to reflect the additional charges to goods sold, internal flyers and Library guides will be edited and fees and charges listed on the Mareeba Shire Council website will be altered.

ATTACHMENTS

1. 2014/15 Library Services Fees and Charges Schedule Date Prepared: 10 June 2014

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ITEM-9 ECONOMIC DEVELOPMENT AND TOURISM PROMOTION DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Manager Community Wellbeing DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report considers Council's current financial contributions to regional economic development and tourism promotion bodies and recommends arrangements for 2014/15 for the following organisations: Tablelands Futures Corporation Tropical Tablelands Tourism Advance Cairns Tourism Tropical North Queensland These matters have been discussed at two (2) Council workshops and presentations were made by the regional bodies. Whilst Council acknowledges the contribution to economic development and tourism promotion by the respective regional bodies, Council's overall consideration is to ensure Council receives value for money and that respective regional bodies demonstrate the return on Council's investment. Consequently Council is requesting quarterly updates on the outcomes and achievements by those regional bodies receiving Council funding in 2014/15. This report provides an overview of the purpose and goals of each respective organisation, current funding arrangements and recommendations for future arrangements in 2014/15.

OFFICER'S RECOMMENDATION

"That Council: 1. Negotiate with Tablelands Futures Corporation to reach agreement on a priority list of

projects to be delivered with existing Tablelands Futures Corporation cash reserves. 2. Consider funding other priority projects after the cash reserves have been exhausted on a

case by case basis with Tablelands Futures Corporation to provide a project proposal including a detailed budget.

3. Continue to support and partner with Tablelands Futures Corporation to promote economic development in the region.

4. Maintain Councillor representation and Officer ex-officio representation on the Tablelands Futures Corporation Board.

5. Provide $18,900 towards the cost of the annual production and distribution of Discover magazine, representing 45% of the total cost.

6. Consider providing funding for other identified priority projects on a case by case basis with Tropical Tablelands Tourism providing project proposals and detailed budgets.

7. Continue to support the regional network of Visitor Information Centres including the Brochure Display Policy.

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8. Maintain Councillor representation and Officer ex-officio representation on the Tropical Tablelands Tourism Board.

9. Provide FNQ Regional Organisation of Councils with $25,000 for the Advance Cairns contract in 2014/15 with quarterly updates on outcomes and achievements to be provided to Council by Advance Cairns.

10. Become a Platinum member of Tourism Tropical North Queensland at a cost of $17,389 (inc GST) for 2014/15 with quarterly updates on outcomes and achievements to be provided to Council.

BACKGROUND

1.1 Tablelands Futures Corporation Tablelands Futures Corporation (TFC) is the peak regional development body for the Tablelands region. TFC is a company limited by guarantee with voluntary board members, employs no staff but contracts in administration and executive support and contracts consultants for projects. Strategic Goal: The Atherton Tablelands has a thriving and sustainable economy. Strategic Objectives: 1. Greater economic return on the region’s assets. 2. Increased business and industry growth and diversification. 3. Increased employment and training opportunities (quantity and range) Both historically and at present TFC has always aimed to work in partnership with local government – strategically and operationally. It is in addition to, not in place of, Council Economic Development staff and activities. TFC adds value by: Business and Industry involvement and input via Directors

Ability to access funding not available to Councils

Independent project delivery

Maintains links with key stakeholders outside the region TFC asserts that "with significant changes occurring on local, regional and global levels across all areas, and the extensive opportunities that are available for our region, now more than ever we have the need for a regionally focused organisation, supported by all levels of Government and Industry, which can continue to identify opportunities, support our businesses and work for the benefit of all concerned." 1.1.1 TFC Funding Request Prior to 2008 individual Councils provided funding on a per capita basis. TFC has requested that TRC and MSC share funding on a per capita split of 45:55 which translates into a requested contribution of $22,500 from Mareeba Shire Council. TFC acknowledges it has not spent all of the funds previously received as a deliberate strategy to accumulate funds for significant projects. TFC has identified some projects that it could deliver that would benefit the Mareeba Shire and Council is willing to hold further discussions to identify priority projects to be funded by these cash reserves and by possible future funding contributions from Mareeba Shire Council if priority projects are identified and cash reserves are exhausted. 1.1.2 Recommendation (TFC) Council recognises the importance of taking a regional approach to fostering economic development and is willing to continue to collaborate and partner with TFC, but has received

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mixed feedback from business operators and industry groups about the outcomes achieved by TFC in the northern area. Given the cash reserves of TFC and Council's concern that TFC clearly demonstrates its ability to deliver a good return on Council's investment, the following recommendation is proposed. It is recommended that Mareeba Shire Council: Hold detailed discussions with TFC to reach agreement on a priority list of projects to be

delivered by TFC with existing cash reserves. Consider funding other priority projects after the cash reserves have been exhausted on a

case by case basis with TFC to provide project proposals including a detailed budget. Continues to support and partner with TFC to promote economic development in the region. Maintain Councillor representation and Officer ex-officio representation on the TFC Board 1.2 Tropical Tablelands Tourism Tropical Tablelands Tourism (TTT) is an incorporated community based organisation that represents the tourism industry; has voluntary board members, does not employ staff, but contracts in administration and executive support and contracts consultants for projects. TTT is the Local Tourism Organisation (LTO) and manages tourism marketing in the Tablelands region using the funding provided to date for destination marketing and promotion. This involves the annual production and distribution of Discover magazine as a key promotional strategy for the Tablelands as a preferred tourism destination and for local tourism operators and specific attractions. TTT presented information to Council demonstrating the relevance of tourism "as the second largest regional economic driver, with Tourism worth $170 million to the Tablelands economy:

$80 million is generated by day visitors

$90 million generated by overnight visitors

The flow on revenue is estimated to be $160 million Over half a million visitors choose the Atherton Tablelands as their holiday destination each

year. The vast majority of visitors are domestic visitors with 81% of these originating from the drive market.

Tourism has been a part of the Tablelands economy for a long time. This is due to the region's scenic mountains, rainforest, lakes and waterfalls, its natural, geological and mining history, uniquely combined with outback and savannah landscapes to the west. It is now being further developed as part of the process of diversification. This has been driven in part by declines in traditional Tablelands industries. (eg. Establishment of the Wet Tropics World Heritage and the consequent loss of the timber industry, decline in the Tobacco industry, the failure of alternative cropping such as tea tree plantations, and dairy deregulation), and accelerated by the impact of increased tourism market focus and visitation to Cairns and the broader Tropical North Queensland region. The potential of our region centres on its attraction in other Queensland markets, its proximity to Cairns with its 2.2 million visitors, and the range of scenic attractions quite different to the coastal strip. The visitor economy is much broader than ‘Tourism and Events’. It includes a wide range of businesses that benefit from the direct and indirect economic activity generated to provide goods and services to overnight and day visitors.

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Petrol stations, restaurants, cafes, newsagents, shopping centres, retail outlets – all benefit from visitor expenditure generated to support the local economy." 1.2.1 TTT Funding Request TTT is requesting a 45:55 split of previous annual funding of $72,000 with MSC to contribute $32,400 based on the population in each respective local government area. $42,000 of which covers the production and distribution of Discover magazine. 1.2.2 Recommendation (TTT) Council recognises the importance of taking a regional approach to destination marketing and is willing to continue to collaborate and partner with TTT, but has received mixed feedback from tourism operators and industry representatives about the outcomes achieved by TTT in the northern area. Council is conducting a whole of organisation service level review which will include its tourism promotion services and strategies with the view to positioning future arrangements to deliver the best possible return for Council and the local tourism industry. Considering these factors, including Council's concern that TTT clearly demonstrates its ability to deliver a good return on Council's investment, the following recommendation is proposed. It is recommended that Mareeba Shire Council: Provides $18,900 towards the cost of the annual production and distribution of Discover

magazine, representing 45% of the total cost. Considers providing funding for other identified priority projects on a case by case basis with

TTT providing project proposals and detailed budgets. Mareeba Shire Council continues to support the regional network of Visitor Information

Centres including the Brochure Display Policy. Maintain Councillor representation and Officer ex-officio representation on the TTT Board. 1.3 Advance Cairns There is a current agreement between Far North Queensland Regional Organisation of Councils (FNQROC) and Advance Cairns Limited (Advance Cairns) regarding the economic development services and assistance that Advance Cairns delivers for Tablelands Regional Council, Cassowary Regional Council and Cook Shire Council. Each of the three shires contributes $40,000 in funding per annum to FNQROC which in turn contracts Advance Cairns for the delivery of specific services and projects. Along with other funding provided in a separate agreement with Cairns Regional Council, Advance Cairns uses the funds to employ a Regional Economic Development Officer and FNQROC and Cairns Regional Council gain representation on the Advance Cairns board. Under the de-amalgamation arrangements, Mareeba Shire Council has been included in this agreement for the six months to 30 June 2014. The agreement recognises the importance of Councils to retain autonomy over their local area however it is acknowledged that economic growth in the local area is reliant on economic growth regionally and that working collaboratively improves the chances of success by performing tasks that coordinate efforts and leverages the strengths of all parties. The agreement is made within the broad context of the regional partnership that collectively supports and delivers against the Tropical North Queensland Regional Economic Plan (TNQREP). It is recognised that leveraging off Cairns and FNQ economic opportunities is critical for growing local economies. The agreement reflects economic development as a priority for all member Councils and Advance Cairns and the goal is to ensure:

a. Externally: FNQ region is seen to be collaborative with a united voice. b. Internally: Limited resources are used to achieve best value for dollar.

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1.3.1 AC Funding Request Advance Cairns is requesting $25,000 for 2014/15 from MSC on the basis that de-amalgamation means that Advance Cairns now has an extra local government area to service and partner with which requires additional resources. 1.3.2 Recommendation AC Council recognises there are benefits to regional collaboration for economic development through FNQROC by leveraging off regional bodies and other councils as well as opportunities to capitalise on with respect to the larger Cairns economy. However, Council has received mixed feedback from business operators and industry groups about the outcomes achieved by Advance Cairns in the shire and is concerned to ensure a good return on its investment is well demonstrated. Therefore, it is recommended that Mareeba Shire Council provides FNQROC with $25,000 for the Advance Cairns contract in 2014/15 with quarterly updates on outcomes and achievements to be provided to Council. 1.4 Tourism Tropical North Queensland Tourism Tropical North Queensland (TTNQ) is the peak regional visitor destination marketing organisation for Tropical North Queensland and is membership based. Vision: For Tropical North Queensland to be the world's best tropical visitor destination Mission: To grow sustainable tourism in Tropical North Queensland Objective: To grow visitor expenditure by $1B to $3.2B by 2015 TTNQ membership ensures the Tablelands tourism industry is represented at the table on regional issues, branding and marketing campaigns and support from TTNQ, Tourism and Events Qld for funding applications is crucial. 1.4.1 TTNQ Membership As TTNQ is membership based, Mareeba Shire Council is able to become a member by paying an annual membership fee. The benefits of Platinum membership are as follows: Allow Council to have four different organisations listed under the membership:

Mareeba Heritage Centre and Visitor Information Centre; Kuranda Visitor Information Centre; Chillagoe Hub and Visitor Information Centre; Tourism Kuranda.

Mareeba Shire Council would be the parent member with all four organisations receiving the same direct benefits of Platinum membership

Provide five brochure spots at the Cairns Visitor Information Centre and listings on key websites

Provide Mareeba Shire Council with an important "seat" at the regional tourism table which would create flow on benefits for local tourism operators

1.4.2 Recommendation (TTNQ) Council recognises the benefits of leveraging off better known destinations and regional, state, national and international marketing strategies and to having a voice in the development and implementation of such strategies. Therefore, it is recommended that Mareeba Shire Council becomes a Platinum member of TTNQ at a cost of $17,389 (inc GST) for 2014/15 with quarterly updates on outcomes and achievements to be provided to Council.

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LINK TO CORPORATE PLAN

Not relevant at this point in time

CONSULTATION

Internal Mayor and Councillors Executive Management Team External Tablelands Futures Corporation Tropical Tablelands Tourism Advance Cairns FNQROC Tropical Tourism North Queensland

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2014/15 budget? Yes

IMPLEMENTATION/COMMUNICATION

Council will work closely with the respective regional bodies to partner and collaborate as appropriate to drive the best possible return on Council's investment.

ATTACHMENTS

Nil Date Prepared: 10 June 2014

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COMMUNITY WELLBEING

ITEM-10 FINANCIAL AND IN KIND SUPPORT JUNE REPORT DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Community Development and Engagement Officer DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This final report for 2013/2014 presents, for Council consideration, the community requests for financial and in-kind support. 17 applications, totalling $14,178, have been received and assessed in accordance with the Financial and In-Kind Support Program policy, of which 14 applications totalling $13,878 are recommended for approval. Four ongoing applications with a total value of $3,215 are recommended for approval by

Council. Of these, two applications with a value of $2,285 are presented for approval for this six month budget (1/1/14 – 30/6/14). The other two applications, with a total value of $930, are presented for ongoing approval and, due to time constraints, have been approved as one-off staff approvals for this financial year.

Five one-off applications with a total value of $8,890 are recommended for approval by Council.

Three one-off applications with a total value of $300 are presented and not recommended for approval by Council.

In all, seven one-off applications with a total value of $2,703 have been processed through staff delegation. This includes two youth achievement assistance approvals totalling $200.

OFFICER'S RECOMMENDATION

"That Council: 1. Approve the ongoing application for assistance through remittance of fees (food licence)

from Meals on Wheels - Mareeba totalling $285 (FIKS 1531). 2. Approve the ongoing application for cash assistance from Tinaroo Canoe Club for the

annual Barron River Challenge totalling $2,000 (FIKS 1541). 3. Approve the ongoing application for in-kind assistance from Chillagoe Bushman’s Carnival

Inc for their annual rodeo totalling $200 (FIKS 1529). 4. Approve the ongoing application for in-kind assistance from Nugget of the North Camp

Draft Inc. for their annual camp draft and bush races, totalling $730 (FIKS 1536). 5. Approve the one-off application for cash assistance from Living Waters Christian Churches

– Mareeba totalling $2,000 (FIKS 1532). 6. Approve the one-off application for cash assistance from Dimbulah Swimming Club Inc.

totalling $2,000 (FIKS 1530).

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7. Approve the one-off application for cash assistance from Gulf Horizons, on behalf of the Northern Gulf Grazing Group, totalling $2,000 (FIKS 1540).

8. Approve the one-off application for cash assistance from Mareeba and District Pony Club Inc totalling $1,600 (FIKS 1542).

9. Approve the one-off application for cash assistance from C&K Kuranda Community Kindergarten totalling $1,290 (FIKS 1543).

10. Not approve the one-off application for cash assistance through Youth Achievement for Marina Howard totalling $100 (FIKS 1535).

11. Not approve the one-off application for cash assistance through Youth Achievement for Grace Strickland totalling $100 (FIKS 1536).

12. Not approve the one-off application for cash assistance through Youth Achievement for Sunny Fobister totalling $100 (FIKS 1539).

13. Endorse staff approved applications totalling $2,703 being: Joshua Pin - youth achievement $100 (FIKS 1528), Kate Wilcox - youth achievement $100 (FIKS 1533), Chillagoe Bushman’s Carnival - in-kind $200 (FIKS 1529), Rotary Club of Kuranda – Great Train Ride - cash and in-kind $500 (FIKS 1076), Chillagoe Alliance Inc – cash $793 (FIKS 1538), Envirocare Kuranda – in-kind $280 (FIKS 1539), Nugget of the North Camp Draft – in-kind $730 (FIKS 1537).

14. Note the thanks received from Kuranda Horse and Pony Club.”

BACKGROUND ONGOING ASSISTANCE $3,215 FIKS 1531 MEALS ON WHEELS – MAREEBA $285 Remittance of fee, ongoing – food licence

Meals on Wheels - Mareeba is a not-for-profit organisation that provides meals to residents of Mareeba Shire for a low fee and is staffed primarily by volunteers. This community service assists older people and younger people with disabilities and their carers to remain in the comfort of their own homes and enjoy a level of independence and style of living to suit their individual needs. Meals on Wheels is partially funded by the joint Federal/State Home and Community Care (HACC) program, however volunteers contribute the greatest resource in the cost of the meals and their delivery. This FIKS application is for their annual food licence fee and is an ongoing request for assistance.

History this financial year – Nil FIKS 1541 TINAROO CANOE CLUB - BARRON RIVER CHALLENGE 2015 $2,000 Cash donation – assist with various expenses The Barron River Challenge BRC50/12 is a canoe/kayak paddling race which, as the name suggests, takes place on the Barron River. The race has been run for the past four years and the Tinaroo Canoe Club is currently planning for their fifth event, in 2015. 103 people took part in the 2014 event and over 20% (22 people) of these travelled from further than 200km to attend. 10 of the participants came from inter-state. Participants have requested the preparation of accommodation and tour packages and the Tinaroo Canoe Club hope to provide these in 2015. This role aligns with other adventure roles in the region which serves to attract and keep competitors in the region for longer. It has the potential to expand and become a signature adventure role that is well known regionally, nationally and internationally.

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The Barron River Challenge includes two key races: BRC12 involves paddling between Mareeba and Biboohra and has both a Junior ( under

18yrs) division and an Open division. BRC50 is the signature race which sees local and interstate paddlers take on the 50km

section of the Barron River between Mareeba and Kuranda. From novice to elite, plastic canoe to kevlar kayak, 12yrs to 80 yrs, there is a division for most. Additionally, the Canadian Canoe relay teams race on the Sunday opens up the BRC50 for teams (4-8) who choose not to paddle the full course individually.

The Tinaroo Canoe Club Inc request a cash donation to assist with the expansion of the Barron River Challenge, to attract more participants to the region. Some of the expenses associated with this event include the: advertising of the Barron River Challenge in 2015 preparation of the course and signage future development of the website volunteer expenses and the development of youth divisions and skills. History this financial year – Nil

FIKS 1529 CHILLAGOE BUSHMAN’S CARNIVAL INC. $200 In-kind assistance, ongoing – use of chairs and tables

The Chillagoe Bushman’s Carnival Inc host an annual rodeo, including attractions of barrel racing, team roping, rodeo events, horse sports and entertainment of live music. The carnival caters for all age groups and is an opportunity to showcase the local region to visitors. This year the event was held over the weekend of 9-11 May and organisers requested the use of 12 tables and 70 chairs from Council which they collected and returned. Due to timeline constraints this request has been processed as a staff approval for the 2013/2014 financial year. However, as the carnival is an annual event, it is recommended here for approval as an ongoing application.

History this financial year – Ongoing rate remittance $517 FIKS 1537 NUGGET OF THE NORTH CAMP DRAFT INC. $730 In-kind assistance, ongoing – use of chairs, tables & tiered seating Nugget of the North Camp Draft and Bush Races were held at Eureka Creek Station in Dimbulah from 13 - 16 June 2014. This four day event draws large numbers of visitors to the Dimbulah township and is an excellent boost for small businesses in the town. The group has applied for the use of 100 chairs, 25 tables and tiered seating which they will collect and return to the Mareeba Depot (cost of $350 for loading, unloading and cleaning). An additional charge of $380 has been included to cover expected damages and replacements (paddock camping is a harsh environment and last year the equipment suffered some damage). Due to timeline constraints this request has been processed as a staff approval for the 2013/2014 financial year. However, as the carnival is an annual event, it is recommended here for approval as an ongoing application. History this financial year – payment of $265 for loading and unloading of 120 chairs and 20 tables in August 2013.

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ONE-OFF ASSISTANCE $8,890 FIKS 1532 LIVING WATERS CHRISTIAN CHURCHES - MAREEBA $2,000 Cash donation – purchase of two freezers for soup kitchen / food bank and youth group projects Applied for $2,644. $2,000 recommended for approval (as per policy cap) Living Waters Christian Churches in Mareeba have applied for sponsorship to cover the full cost of two freezers (a total of $2,644) for use by their soup kitchen / food bank, a future crisis centre and youth group projects. Council’s Financial and In-Kind Support (FIKS) policy sets a cap of $2,000 per year and hence $2,000 is the amount recommended in this report. The church has, however, specifically requested that the entire quote of $2,644 be considered by Council. Living Waters Christian Churches is a community-minded church that was formed in Mareeba over 20 years ago, expanded to Cairns and Yarrabah, and now hosts many different ministries with opportunities and events in which a wide variety of people take part. For many years, their food bank and soup kitchen program has provided non-perishable food and cooked meals free- of-charge to disadvantaged locals. This grant will help to expand those services, assist with youth group projects and move the organisation towards their goal of opening a crisis centre for homeless people and those who temporarily find themselves in hard times. History this financial year – Nil FIKS 1530 DIMBULAH SWIMMING CLUB INC. $2,000 Cash donation – purchase of laptop Applied for $2,053. $2,000 recommended for approval (as per policy cap) Dimbulah Swimming Club Inc have applied for sponsorship to cover the full cost of a laptop, a total of $2,053. Council’s Financial and In-Kind Support (FIKS) policy sets a cap of $2,000 per year and hence $2,000 is the amount recommended in this report. A small club with highly committed members and volunteers, Dimbulah Swimming Club currently rely on a very old laptop computer which has proven unreliable. Dimbulah hosts one regional carnival each year and their club members attend many carnivals across the region and the state. A laptop is a necessity to nominate members for events in carnivals (at regional and State level), to organise and run the Dimbulah carnival, to record official results and to interact regularly with Swimming Queensland. The club have applied, over the last two years, through other funding programs (namely the Volunteers Grant - Federal Department of Social Services and the Reef Casino Community Benefit Fund) but were not successful with either of these applications. This is the first time that Dimbulah Swimming Club Inc have requested assistance through FIKS for any project. History this financial year – Nil FIKS 1540 GULF HORIZONS on behalf of NORTHERN GULF GRAZING GROUP $2,000 Cash donation towards printing and postage costs The Northern Gulf Grazing Group are requesting $2,000 for a project which aims to raise awareness of mental health and the supports available to families in our region, with a particular focus on farmers and young people. There are a limited number of services available in the

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region and these are managed by a number of different organisations. It is critical that families are aware of what services are available and what their roles are. The funds requested would be used to assist in the production of a brochure outlining all the support services available in the region including Northern Gulf Grazing Group, Northern Gulf Resource Management, Mareeba Shire Council Partners in Recovery Program and the Department of Agriculture Savannah Plan- Beef-$ense, Royal Flying Doctors and other mental health and support services. History this financial year – Nil FIKS 1542 MAREEBA & DISTRICT PONY CLUB INC. $1,600 Cash donation – arena upgrades Applied for $4,442.50. $1,600 recommended for approval (as per policy cap of $2,000 p.a.) Mareeba & District Pony Club Inc have applied for sponsorship to assist with the upgrading of their arenas. They have applied for $4,442.50 however, unless this is considered as a major project, the cap of $2,000 applies. As the Club has previously, in this financial year, received $400 of in-kind assistance, the remaining amount for which they are eligible under the FIKS policy, is $1,600. The Mareeba and District Pony Club Inc. wish to upgrade their arenas by undertaking the following: Purchase and delivery of 150 tonnes of sand – to be spread in arenas to keep the area free

of holes (total cost $2,942.50) Supply and install power points on posts in campgrounds to allow more electricity outlets for

visiting campers. (total cost $3,500) The Mareeba & District Pony Club host between six to ten events each year including gymkhanas and clinics. During these events the campgrounds are used by participants from 13 clubs throughout the ‘Zone 18’ area (from Mossman to Tully to Ravenshoe). The Mareeba Club fund-raise at these events through catering sales. The Pony Club have indicated that they have available funds to contribute $2,000 to these projects. History this financial year – $400 for the collection and disposal of green waste FIKS 1543 C&K KURANDA COMMUNITY KINDERGARTEN $1,290 Cash assistance – refurbish student’s computer space and software The Kuranda Community Kindergarten was donated a computer to replace their old office computer that had becoming increasingly unreliable over the past year. They would like the children to be able to use the old computer for basic activities (for which it functions well) such as helping compile photo stories about the day’s activities. To complete this project they need to make space for the new computer and the presence of small children in the office by relocating items on the desk into storage cupboards and shelves and purchase Microsoft Office Professional. With this project completed, they will have an up-to-date computer system that staff can use without fear of losing data and an accessible and safe office that children can enter to use the old computer.

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This application requests cash assistance to purchase the following items (totalling $1,290): 1 x latest Microsoft Office Professional $550 3 x small lockable cupboards $300 1 x steel shelf $120 5 x 100L plastic storage containers $120 10 x 13L plastic storage containers $70 10 x 48L plastic storage containers $130 History this financial year – Nil NOT APPROVE $300 FIKS 1535 MARINA HOWARD $100 Youth achievement – Under 16’s Cairns District Junior Rugby League Representative Team This application is not recommended for approval as it does not meet the FIKS Policy requirement that Youth Achievement assistance be granted to young people selected to represent North Queensland at a State level event. Marina has been selected to represent the region as a member of the female under 16’s Cairns District Junior Rugby League Representative Team. She played in a competition in Townsville on 25 May 2014 and again in a competition in Innisfail from the 6-8 June. Marina has worked hard to gain recognition in the sport and impressed the panel of junior selectors at her school carnival in Cairns. Marina was notified of her selection on 16th May 2014 and payment was required on 23rd May 2014 which did not allow much time for fundraising to occur. History this financial year – Nil FIKS 1536 GRACE STRICKLAND $100 Youth achievement – Under 16’s Cairns District Junior Rugby League Representative Team This application is not recommended for approval as it does not meet the FIKS Policy requirement that Youth Achievement assistance be granted to young people selected to represent North Queensland at a State level event. Grace has been selected to represent the region as a member of the female under 16’s Cairns District Junior Rugby League Representative Team. She played in a competition in Townsville on 25 May 2014 and again in a competition in Innisfail from the 6-8 June. Grace has worked hard to gain recognition in the sport and impressed the panel of junior selectors at her school carnival in Cairns. Grace was notified of her selection on 16 May 2014 and payment was required on 23 May 2014 which did not allow much time for fundraising to occur. History this financial year – Nil FIKS 1539 SUNNY FOBISTER $100 Youth achievement – work experience at HMAS Cairns in Cairns

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This application is not recommended for approval as it does not meet the FIKS Policy requirement that Youth Achievement assistance be granted to young people selected to represent North Queensland at a State level event. This work experience placement will allow Sunny to develop knowledge and understanding of the roles and responsibilities of personnel at HMAS Cairns and the range of career opportunities available in the Royal Australian Navy. There was an application process with only five (5) students selected from the Cairns region to participate. The regional benefits to Mareeba Shire listed by Sonny are: less youth unemployment, representation of regional community participation in the defence forces and protection for our community. History this financial year – Nil STAFF APPROVED $2,703 FIKS 1528 JOSHUA PIN $100 Youth achievement – Under 19 Years Football State Championships Joshua has been selected to represent the region as a member of the Peninsula Team attending the Queensland School Sport Under 19 Years Football State Championships. These State-level championships will take place in Ipswich from 21-25 May 2014. Joshua has been selected as a member of the Peninsula team for the past four years and has played football since the age of five. History this financial year – Nil FIKS 1533 KATE WILCOX $100 Youth Achievement – Under 19 Girls State Schoolgirls Hockey Championships Kate was selected (at the Peninsula trials) to represent the region at the Under 19 Girls State Schoolgirls Hockey Championships which was held on the Sunshine Coast, 22-25 May 2014. History this financial year - $100 Youth Achievement – Hockey (U15 Girls State Hockey Championships in Ipswich). FIKS 1529 CHILLAGOE BUSHMAN’S CARNIVAL INC. $200 In-kind assistance Please refer to the information recorded above in the ongoing category. As this application was received only a few days before the event was to be held this year it was processed as a staff approval, one-off, for the financial year 2013-2014. History this financial year – Ongoing rate remittance $517 FIKS 1076 ROTARY CLUB OF KURANDA $500 In-kind assistance and cash assistance – Great Train Ride In the Great Train Ride approximately 200 senior citizens from Cairns and the Tablelands travel to Kuranda to enjoy a free picnic provided by Kuranda Rotary and the local Country Women’s Association. Seniors travel by bus from the Mareeba Garden Settlement and from the Kuranda

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pensioner’s cottages as well as other areas on the Tablelands. Queensland Rail also provide some transport. This year the event is to be held on Saturday, 31 May. Initially the Rotary Club requested the use of 200 chairs, 10 tables and eight (8) bins. However, due to a recent date change, the Great Train Ride is being held on the same dates as the Dimbulah Lions Festival and so Council has no chairs or tables available for that weekend. Kuranda Rotary has now sourced all of the tables and 60 chairs from elsewhere. Council provided: In-kind support – eight extra bins in Centennial Park Cash assistance – covering the hire of 140 chairs from Mareeba Hire Equipment (for pick up by Kuranda Rotary on Saturday morning and return on Monday morning). History this financial year - Nil FIKS 1538 CHILLAGOE ALLIANCE INC. $793 Cash donation – Chillagoe Court House Museum Project The Chillagoe Alliance seeks financial assistance with its ongoing Chillagoe Court House Museum Project which has maintained usage of this original heritage building by transforming it into a museum. The museum showcases a collection of artefacts and memorabilia displaying the history of Chillagoe including mining, smelters, caves, natural history, Aboriginal artefacts, old projects and a mineral and marble display. The museum is open from 9am to 5pm daily. This application covers the concept, design, artwork and print preparation of a sign / story panel (760 x 1219mm) which will appear inside the Court House Museum near the Magistrate’s stand ($693), plus printing of invitations to the opening event ($100). History this financial year - $1,000 for unveiling ceremony of story panels and $189 for outdoor furniture. FIKS 1539 ENVIROCARE KURANDA $280 Fee remittance – mulch for Frog Friendly Jumrum Creek Project Envirocare Kuranda have an ongoing approval for remittance of fees for 30 m3 of mulch and their rubbish bin service. As a one-off, they have requested an additional 20 m3 of mulch this year, to be collected by Envirocare. The reason for this is the “Frog friendly face of Jumrum Creek” project which is a high profile area that is visible to the public at all stages of revegetation. The endangered Myola frog (Littoria myola) is the focus of the project History this financial year – Remittance of fees (ongoing) mulch ($420) and bin service ($244). FIKS 1537 NUGGET OF THE NORTH CAMP DRAFT INC. $730 In-kind assistance – Eureka Creek Station Rodeo Please refer to the information recorded above in the ongoing category. Due to time constraints it was processed as a staff approval, one-off, for the financial year 2013-2014. History this financial year – payment of $ 265 for loading and unloading of 120 chairs and 20 tables in August 2013.

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THANKS RECEIVED FROM PREVIOUSLY APPROVED APPLICANTS FIKS1200 KURANDA HORSE AND PONY CLUB $60 Cash Assistance, one-off - trophies  Following text and photo received by email, 9 June 2014: “Hello, many thanks for your support. We had a great day and finished before the weather set in. Please send this on to the relevant parties concerned.”

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SUMMARY OF APPLICATIONS 1. Total Ongoing Approvals 2014 / 2015

Funds Approved to Date

$ 72,726

Recommended Approvals this Report

$ 3,215

Total

$ 75,941

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2. FIKS Six Month Budget Summary 1/1/14 to 30/6/14

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2013/2014 Financial & In-Kind Support Budget $ 87,500

Funds Previously Committed as Ongoing Applications $ 8,874

Funds Previously Committed as Rate Reimbursement $ 17,244

Funds Previously Committed as One-Off Approvals (including staff approvals) $ 13,714

Balance Available for Distribution 2013/2014 $ 47,668

Recommended Ongoing Approvals this Report $ 3,215

Recommended One-off Council Approvals this Report (including staff approvals)

$ 10,663

Funds Available for Allocation if Recommendations are Approved $ 33,790

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

Internal Manager Community Wellbeing Community Development & Engagement Officer Community Development & Engagement Officer Coordinator Stores Coordinator Parks & Gardens

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

NIL

POLICY IMPLICATIONS

NIL

FINANCIAL & RESOURCE IMPLICATIONS

Capital NIL Operating As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2013/2014 budget? Yes

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IMPLEMENTATION/COMMUNICATION

NIL

ATTACHMENTS

1. Not applicable Date Prepared: 10 June 2014

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FINANCE

ITEM-11 FINANCIAL STATEMENTS FOR THE PERIOD ENDING 31 MAY 2014

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an overview of financial matters for the period 1 January 2014 to 31 May 2014.

OFFICER'S RECOMMENDATION

"That Council note the financial report for the period ending 31 May 2014."

BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 May 2014, Council shows an operational surplus of $1,437,984 compared to a budgeted YTD surplus of $3,133,509. At this stage, there are no major issues or areas of concern to bring to Councils' attention. One-off de-amalgamation costs are not yet finalised but for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility which has a repayment term of twelve months (31 December 2014). It should be noted that Council's cash position is currently $13,484,111 and this represents an initial transfer of $14,000,000 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. Work has commenced on finalising the 31 December 2013 financial statements and a proposed draft should be available by end of June.

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May 2014 - Snapshot Total Operating Income $ 17,834,596 Total Operating Expenditure $ 16,396,612 Operating Surplus $ 1,437,984 Total Capital Income (grants, developer contributions) $ 1,131,778

$ 2,569,762 Net Result - Surplus

Capital Expenditure Total capital expenditure of $4,684,842 (including commitments) has been spent against the $10,796,350 budgeted for the six month period. The graph below illustrates actual YTD expenditure and committed costs against the annual budget.

Variances to note are; 1. Community Services – included in this category is the Facilities Capital Budget.

Approximately $386,800 or 12.6% of this Budget is not likely to be required or spent by 30 June 2014. These projects will be reviewed to ascertain which items should be carried over to the 2014/15 capital works budget for Facilities. The remainder of the projects are expected to be completed or contracts awarded by end June 2014.

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2. Wastewater - outstanding expenditure is the planning amount allocated by Council towards the Mareeba Wastewater Treatment Plant. This is unlikely to be expended this financial year.

3. Waste - allocation is for the day cover upgrading. Expression of Interest process for specialised day cover will be reported to Council on 19 June 2014.

4. Workshop - The $1M allocated towards plant replacement has been committed with the plant replacement program fully in place. Orders were raised early May for the replacement plant.

5. Parks and Gardens – delivery of the allocation is scheduled for June.

6. Construction and Maintenance – outstanding issues are:

Bump Track Causeway Contractor to commence 16/06/2014. Order raised in June.

Wrights Creek Lookout

Water flow through culvert still too high. If project proceeds it will be in the first half of the 14/15 financial year

Ootann Road Sealing of the project is scheduled for 11/06/14 Springmount Road

Works started first week of June. Wet weather will delay the project. Expected completion in second week of July

Pinnacle Creek Causeway

Tenders have been sought that are in excess of funding allocation. Propose to re-consider during 2014 / 2015 budget process

Black Mountain Bridge Black Mountain Road will be closed 18/06/14 to 20/06/14 inclusive to allow for deck replacement & asphalt approaches.

Marinelli Drainage

Allocation of $210,000. Dependent on progress of subdivision. Unlikely to be required 2013 / 2014.

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Income Analysis Total income (including capital income of $1,131,778) for the period ending 31 May 2014 is $18,966,374 compared to a YTD budget of $26,017,332. The graph below shows actual income against budget for the period ending 31 May 2014.

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Variances to note are:

1. Rates were levied on 17 February for the six months January to June 2014 with discount period closing on 20 March 2014. The variance relates to the difference between budgeted and actual rates levied.

Description

Actual YTD Budget YTD Note

Net Rates & Utility Charges 11,854,004 12,358,821 1 Fees & Charges 439,028 490,805 Operating Grants, Subsidies & Contributions 1,667,940 1,771,791

2

Interest Received 237,362 749,296 3 Works for Third Parties 2,116,201 7,763,668 4 Other Revenue 1,520,061 1,357,317 Capital Income 1,131,778 1,525,634 5

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2. The variance for Operating Grants, Subsidies & Contributions relates to the Financial Assistance Grant. This is one area yet to be resolved in terms of agreed methodology for allocation between TRC and MSC. This will be finalised as part of the final 31 December balance sheet split.

3. Council's management reports do not provide interest revenue until such time as it has been

earnt. Investments are generally renewed on a six monthly cycle in line with cashflows relating to rates levies. A $5M term deposit was invested in April for 6 months.

4. Existing RMPC contracts are to remain with TRC until 30 June 2014. Once Main Roads approve the monthly claims submitted by TRC, MSC will receive their share of profit and reimbursement of expenditure. An invoice has been sent to TRC for Claims 7, 8 and 9 for a total value of $249,528. An income budget of $7.7M for the 6 months was adopted for MRD Flood damage projects. Due to delays in approval from Main Roads this project will not commence this financial year. In terms of year to date, this results in a variance of $6.4M. (This is also reflected in the expenditure below).

5. Capital Grants & Subsidies for Roads such as Roads to Recovery and TIDS have been

budgeted proportionately each month. Council have two current TIDS projects and are working towards having both these projects completed and claimed by the end of June 2014. In May, two TIDS claims were submitted for a total value of $532k.

Also included in the $1.1M received to date are developer contributions ($533k).

Expenditure Analysis

Total expenses for the period ending 31 May 2014 are $16,396,612, which is lower than the YTD budget of $21,358,189. The graph below shows May 2014 actual expenditure compared budget.

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Variances to note are:

1. Savings are due to vacant positions in the organisational chart.

2. Aligned with the actual income being lower than budget, expenditure items relating to MRD Flood damage is lower being that works have not commenced ($5.4M).

 3. Due to the finalisation of asset revaluations, depreciation expenditure is higher than

anticipated budgeted amount.

Loan Borrowings Council's loan balances as at 31 May 2014 are as follows:

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 31 May is $2,127,274.77. Collection House collected $113,004.00 for the month of May. The outstanding amount for properties currently with debt collection is $716,043.94. Sundry Debtors The total outstanding for Sundry Debtors as at 31 May is $3,320,385.64 which is made up of the following:

$135,809.85 or 34% of outstanding debtors 30 days or greater relate to government departments.

Description

Actual YTD Budget YTD Note

Employee expenses 5,814,101 6,812,610 1 Materials & Services 7,105,243 11,704,842 2 Depreciation expenses 3 3,418,024 2,809,445 Finance & Borrowing costs 59,244 31,292

QTC Loans $2,210,812De-amalgamation working capital facility

$4,600,469 (pending adjustments)

Current 30 days 60 days 90 + days $2,931,469.73 $168,586.26 $32,772.57 $187,557.08

5.08% 5.65%88.29% 0.99%

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Procurement Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. There were no transactions classified as 'Emergency' purchases during the month of May 2014.

LINK TO CORPORATE PLAN

NIL

CONSULTATION

Internal Director Corporate Services External NIL

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government…if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS

Information has been provided to achieve compliance with Council's Procurement Policy.

FINANCIAL & RESOURCE IMPLICATIONS

NIL

IMPLEMENTATION/COMMUNICATION

NIL

ATTACHMENTS

1. Financial Statements - May 2014 (DWS#2969438) Date Prepared: 08/05/14

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ITEM-12 REQUEST TO AMEND COUNCIL'S AUTHORISED BANK SIGNATORIES

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The purpose of this report is to request an amendment to Council’s authorised bank signatories due to changeover of the Chief Executive Officer.

OFFICER'S RECOMMENDATION

"That Council endorse the Chief Executive Officer as an authorised signatory to the Council's bank accounts and delegate authority to him to nominate other officers as authorised signatories to Council's bank accounts.” BACKGROUND As a matter of course the Chief Executive Officer should be an authorised signatory to the National Australia Bank accounts. The process to date has been to nominate the individual by name which requires a formal resolution each time staff positions change. The delegation sought then enables the CEO to appoint signatories as and when required.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

CONSULTATION

Internal Director Corporate Services External NIL

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil

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POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

NIL

IMPLEMENTATION/COMMUNICATION

NIL Date Prepared: 27/05/14

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ITEM-13 DIMBULAH SPORTS AND PISTOL CLUB DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Director Corporate and Community Services DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Dimbulah Sports and Pistol Club Incorporated have requested that Council provide an exemption to the charging of General Rates on their Piemonte Road property in Dimbulah.

OFFICER'S RECOMMENDATION

"That: 1. Council only provides the current 50% remission available to the General Rates for the

Dimbulah Sports and Pistol Club Incorporated as previously levied 2. Council waive $141.35 for interest levied during the period from November 2012 until

June 2014 on the condition that this is settled as outlined in Point 5 3. Council applies $185.10 in discount for the period August 2012 until February 2014 on

the condition that this is settled as outlined in Point 5 4. Council grant the entitlement to the Not-For-Profit Rates Remission of $925.50 for the

period August 2012 until February 2014 5. Council negotiate a payment plan with representatives from the Club to finalise all

outstanding Rates and Charges over a twelve month period commencing from July 2014.”

BACKGROUND

In 2006 (based on the Local Government Act and Regulations at the time) Council exempted this club from the payment of General Rates. During the 2012/13 financial year a review of the rate exemptions was undertaken to ensure compliance with the new Local Government Act and Regulations. At this time a resolution was passed to commence the levying of General Rates on previously exempt sporting bodies, including the Dimbulah Sports and Pistol Club. Club representatives presented to Council on 16 April 2014 seeking General Rates exemption.

LINK TO CORPORATE PLAN

Not relevant at this point in time.

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CONSULTATION

External Orion Consulting

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

NIL

POLICY IMPLICATIONS

Council’s current policy in terms of Not-for-Profit Rates Remissions provides for 50% to a maximum of $1,000 per annum general rates remission and 20% to a maximum of $200 per annum for charges provided the set criteria is met and all Rates and Charges are paid in full by the due date. The Dimbulah Sports and Pistol Club have been declared eligible for this Remission since August 2012 and the current financial benefit to the Club from this policy is $481.50 (50% of General Rates) per annum.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating The rates adjustment to reflect the write-off of interest, lost discount and remissions totals $1,251.95. Is the expenditure noted above included in the 2013/2014 budget? No budget has been set for these adjustments. If not you must recommend how the budget can be amended to accommodate the expenditure Operational budgets will absorb these costs as there will not be a negative impact to cash flows.

IMPLEMENTATION/COMMUNICATION

A formal response will be provided to the Dimbulah Sports and Pistol Club Incorporated advising them of Council’s decision. Contact will also be made to prepare a Payment Arrangement for the recovery of outstanding Rates and Charges. Date Prepared: 10 June 2014

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ITEM-14 BARRON CATCHMENT CARE - REQUEST FOR FINANCIAL SUPPORT

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 16 April 2014 REPORT OFFICER’S TITLE: Governance & Compliance Officer DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Following the presentation by representatives of Barron Catchment Care to the 19 March 2014 meeting of Council, a letter has now been received from that organisation seeking financial support from Council and advising that it would be mutually beneficial to have an elected Council member appointed to their Catchment Coordinating Committee.

OFFICER'S RECOMMENDATION

"That Council appoint CR <insert name> as Council's representative to the Barron Catchment Coordinating Committee and provide financial support to the extent of $2,500 to that organisation."

BACKGROUND

Representatives from Barron Catchment Care attended Council's meeting on 19 March 2014 and gave a presentation regarding the work undertaken by Barron Catchment Care in coordinating sustainable land use and catchment strategies across the Barron River Catchment. A letter has now been received from Barron Catchment Care seeking financial support from Council and advising that it would be mutually beneficial to have an elected member from the Mareeba Shire appointed to their Catchment Coordinating Committee to represent Council's interests and keep Council abreast of their work. The amount of annual financial contribution requested is $2,500 to support the day to day administration needs of the organisation. Council needs to give consideration to whether it wishes to have elected member representation on the Catchment Coordinating Committee and whether it is prepared to provide financial support to the organisation.

LINK TO CORPORATE PLAN

Not relevant at this point in time

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CONSULTATION

Presentation made to Council meeting of 19 March 2014 by Barron Catchment Care representatives.

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Barron Catchment Care has requested an annual financial contribution of $2,500 from Council. In addition, there may be minor travel costs involved for an appointed Council representative to attend meetings of the Catchment Coordinating Committee and this will be included in the 2014/15 Budget.

IMPLEMENTATION/COMMUNICATION

Formal advice of Council's decision will be forwarded to Barron Catchment Care.

ATTACHMENTS

1. Letter from Barron Catchment Care dated 21 March 2014. Date Prepared: 4 April 2014

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ITEM-15 NORTH QUEENSLAND LOCAL GOVERNMENT ASSOCIATION

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Governance & Compliance Officer DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The North Queensland Local Government Association (NQLGA) has extended an invitation to Council to become a member of that Association and has also provided advice of the Association's 2014 Annual Conference to be held at Richmond from 13-15 August 2014.

OFFICER'S RECOMMENDATION

"That Council accept the invitation to become a member of the North Queensland Local Government Association and approve Cr Holmes's attendance at the Association's annual conference to be held at Richmond from 13-15 August 2014."

BACKGROUND

A letter has been received from the President of the North Queensland Local Government Association (NQLGA) inviting Council to consider membership of the NQLGA. Membership fees are currently $275.00 per year (incl GST). The Association has also provided details of their 2014 Annual Conference to be held at Richmond between the 13-15 August 2014. Membership of the Association will assist in maintaining an awareness of issues relevant to local government in North Queensland and will also build relationships with other Councils in the wider North Queensland area. Other benefits are outlined in the letter received from the Association. While travel distance is a factor in attending some of the Association's annual conferences, many are held in reasonable proximity to Mareeba or are in locations where commercial air services are available.

LINK TO CORPORATE PLAN

Not relevant at this point in time

CONSULTATION

Nil

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LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

The membership fee of $275 can be accommodated with the existing budget. Attendance at the annual conference in August will need to be provided for in the 2014/15 budget.

IMPLEMENTATION/COMMUNICATION

Formal advice of Council's decision will be forwarded to the NQLGA.

ATTACHMENTS

1. Letter from the North Queensland Local Government Association dated 24 March 2014. Date Prepared: 4 April 2014

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INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-16 APPLICATION FOR PERMANENT ROAD CLOSURE BEING PART OF THE EMERALD FALLS ROAD RESERVE ABUTTING LOT 68 ON RP896095

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Civil Engineer DEPARTMENT: Infrastructure Services, Technical Services Group EXECUTIVE SUMMARY

This application proposes to permanently close the unused Emerald Falls Road reserve abutting Lot 68 on RP896905. The application covers an area of 2,250m2. The location is Emerald Falls Road, Mareeba. The purpose is to use the road reserve for cattle grazing.

OFFICER'S RECOMMENDATION

"That Council advise the Department of Environment and Resource Management that it would accept a temporary closure but objects to the permanent road closure of an area of about 2,250m2 being part of Emerald Falls Road abutting Lot 68 RP896905, Parish of Danbulla as shown on the Department of Natural Resources and Mines Preliminary Plan CNS14/010P dated 3 March 2014."

BACKGROUND

Lot 68 on RP896905 is a 16.831 hectare rural allotment (parish of Danbulla, locality of Mareeba) which is zoned as rural agricultural and abuts the Emerald Falls Road reserve. Currently the road reserve is vacant and provides a second point of access to Lot 68. If this application is approved by Council it would not be in the public interest as the land may be needed at some point in the future to provide facilities ancillary to the Emerald Creek Falls Road on adjoining Lot 1 on AP19244.

CONSULTATION

Internal Manager Technical Services Town Planner

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External DERM Land Administration Officer

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Nil

IMPLEMENTATION/COMMUNICATION

Following publication of Council minutes prepare and send communication to the Department of Environment and Resource Management advising of Council’s decision.

ATTACHMENTS

1. Letter from DERM for permanent road closure including plan CNS14/010P dated 21 March 2014 (ECM # 2947863);

2. Locality Map; 3. Email from the Senior Planner. Date Prepared: 11 June 2014 Attachment 1: Letter from DERM

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Attachment 2: Locality Map

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Attachment 3: Email from the senior planner RE: Proposed closure of Emerald Falls Road Reserve, Kay Street and Little Street Darren, 1. Lot A on CNS14/010P - The land is zoned Rural under the Mareeba Shire Planning Scheme 2004 and there would be no objection to its use for grazing purposes. I do not believe a permanent closure of this area is in the public interest as the land may be needed at some point in the future to provide facilities ancillary to the Emerald Creek Falls on adjoining Lot 1 on AP19244. There would be no planning objection to a temporary road closure over this area. In the event a permanent road closure is approved, it should be conditional upon the closed area being amalgamated into Lot 68 on RP896905. 2. Permanent Closure adjoining Lot 265 on DA427 - This letter is a c/copy of DNRM's advice to the land owner and is simply for Council's information. Council doesn't need to take any action in response to the letter. 3. This relates to the road closure detailed in 1 - Lot A on CNS14/010P. Regards Brian Millard Senior Planner Planning Section, Regional Planning Group

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WORKS

ITEM-17 INFRASTRUCTURE SERVICES, CONSTRUCTION & MAINTENANCE - PROGRESS REPORT - MAY 2014

DOCUMENT INFORMATION

MEETING: Ordinary Meeting MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group EXECUTIVE SUMMARY

This report sets out works undertaken by the Construction and Maintenance Section of Infrastructure Services during the month of May 2014.

OFFICER'S RECOMMENDATION

"That Council receive and note the Infrastructure Services, Construction and Maintenance - Progress Report for the month of May 2014."

BACKGROUND

Delivery of the 2013/2014 Capital Works and maintenance programs continued in May. Weather conditions were favourable with little time lost or interruption due to rain. Works Completed Maintenance Works Maintenance activities accruing more than $1,000 in expenditure were carried out in May at the following locations:

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A total of $216,493.57 was spent during May on Road Maintenance activities. The table below shows the current budget position of road maintenance for Mareeba Shire Council.

Capital Works Peters Street Widening and Sealing, Mareeba Work commenced on the Peters Street Widening and Sealing project on 6 May 2014 and was completed 23 May 2014. Construction issues faced included a saturated highly plastic clay subgrade at the Byrnes Street end of the project requiring additional subgrade excavation and the installation of geofabric wrapped rock mattresses. A poorly backfilled water main that was in

Location YTD

Actual YTD

Budget Annual Budget

Mareeba Shire Council $1,090,369 $1,142,750 $1,371,300

Location Activity

Ootann Road, Almaden Grading Unsealed Roads Stanton Road, Arriga Clean Inlets & Outlets culverts Bilwon Road, Biboohra Mowing /Bitumen Patching Contract Clearing Account - Chillagoe General Operations Mt Mulligan Road, Dimbulah Grading Unsealed Roads Cemetery Road, Irvinebank Investigations and Inspections Churchill Creek Road, Julatten Administration and Supervision /Slashing /Road Inspections Clacherty Road, Julatten Grading Unsealed Roads /Slashing /Road Inspections McDougall Road, Julatten Slashing /Customer Request - Road Inspections Mount Kooyong Road, Julatten Pavement Repairs /Culvert Repairs /Slashing /Road Inspections Mount Lewis Road, Julatten Grading Unsealed Roads /Slashing /Road Furniture Mount Perseverance Road, Julatten Grading Unsealed Roads /Slashing Pinnacle Road, Julatten Bitumen Patching /Pavement Repairs /Road Inspections Sides Road, Julatten Pavement Repairs /Slashing /Road Furniture Kanervo Road, Koah Administration & Supervision /Slashing /Customer Request - Road

Inspections Koah Road, Koah General Repairs & Maintenance / Bitumen Patching /Slashing Black Mountain Road, Kuranda Grading Unsealed Roads /Slashing /Road Inspections Coondoo Street, Kuranda Road Furniture /Customer Request - Road Inspections Fallon Road, Kuranda Slashing /Road Furniture /Road Inspections /Customer Request -

Slashing /Customer Request - Road Inspections Myola Road, Kuranda Bitumen Patching /Slashing /Road Furniture /Customer Request -

Road Inspections Oak Forest Road, Kuranda Administration & Supervision /Bitumen Patching /Slashing /Road

Furniture /Road Inspections /Customer Request - Grading Unsealed Roads

Chewko Road, Mareeba Bitumen Patching /Road Furniture /Road Inspections Cobra Road, Mareeba Grading Unsealed Roads Henry Hannam Drive, Mareeba Grading Unsealed Roads Kay Road, Mareeba Slashing Kowa Street, Mareeba Bitumen Patching /Tree Clearing and Vegetation Management / Lockwood Road, Mareeba Grading Unsealed Roads McGrath Road, Mareeba Bitumen Patching Bakers Road, Mount Molloy Pavement Repairs /Slashing /Road Furniture /Road Inspections Fraser Road, Mount Molloy Slashing /Road Furniture /Road Inspections Wetherby Road, Mount Molloy Bitumen Patching /Pavement Repairs /Slashing /Road Furniture

/Road Inspections /Customer Request - Road Inspections Mount Mulligan-Kondaparinga Road - Mount Mulligan Grading Unsealed Roads Armstrong Road, Mona Mona Grading Unsealed Roads /Road Inspections LA Road, Mona Mona Grading Unsealed Roads Mona Mona Road, Mona Mona Grading Unsealed Roads /Road Inspections Fassio Road, Paddys Green Slashing Springs Road, Paddys Green Bitumen Patching /Slashing Douglas Track, Speewah Slashing /Road Inspections Speewah Road, Speewah General Repairs & Maintenance / Bitumen Patching /Slashing

/Road Furniture

Mareeba Shire Council - Agenda Wednesday 18 June 2014

excess of 20 years old subsided considerably under the weight of construction traffic and had to be excavated and backfilled using stabilised sand. Final costs are in the order of $121,580 with a budgeted figure of $122,000 assuming that outstanding committed costs are not exceeded.

Byrnes Street Footpath Upgrade The Byrnes Street Footpath Upgrade was completed on 27 May 2014. The works comprised a total of 2,230m2 of coloured fibre-crete concrete. There have been several complaints with regards cement dust being tracked through some of the shops between Hort Street and Rankin Street on the eastern side. Advice given to council is that as the concrete matures and the “broom” finish wears away this will no longer be a problem. In the interim the footpath in this area is being cleaned twice weekly to alleviate the dust issue. Final costs are of the order of $745,566 with a budgeted figure of $750,000. Some further expenditure may be required to cater for the increased cleaning regime.

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Ootann Road Bitumen Works commenced in late April on the construction of 2.6km of sealed road between Ootann and Mt Garnet on the Ootann Road approximately 33km from the intersection of Ootann Road and the Burke Development Road. The estimate for the project is $1.44M. Works are proceeding well with no major problems experienced and the project is programmed to be sealed 12 June 2014 and 13 June 2014. All funds with be expended.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

DTMR Routine Maintenance Performance Contract (RMPC)

Routine maintenance activities were undertaken during May at the following locations;

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Road Name Activity Performed

Kennedy Highway (Cairns – Mareeba) Rest Area Servicing

Kennedy Highway (Cairns – Mareeba) Administration of RMPC (Costing & Engineering management)

Mulligan Highway (Mareeba – Mt Molloy) Tractor Slashing, Rural

Mulligan Highway (Mareeba – Mt Molloy) Administration of RMPC (Costing & Engineering management)

Mulligan Highway (Mareeba – Mt Molloy) Yearly Pipe Inspections

Mulligan Highway (Mt Molloy – Lakeland) Administration of RMPC (Costing & Engineering management)

Mulligan Highway (Mt Molloy – Lakeland) Roadside Litter Collection - Rural

Mulligan Highway (Mt Molloy – Lakeland) Rest Area Servicing

Mossman – Mt Molloy Road Repair Signs (excluding Guide Signs)

Mossman – Mt Molloy Road Emergency Callout/Traffic Accident

Mareeba – Dimbulah Road Administration of RMPC (Costing & Engineering management)

Mareeba – Dimbulah Road Emergency Callout/Traffic Accident

Burke Developmental Road Administration of RMPC (Costing & Engineering management)

Burke Developmental Road Road Steward and Vehicle

Burke Developmental Road Medium Formation Grading (Western) with Extras and 2 Wa

Burke Developmental Road Yearly Pipe Inspections

The total claim to DTMR (Department of Transport and Main Roads) for the works listed above for the month of May was $134,564.57.

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DTMR Emergent Works DTMR emergent works are continuing on the Burke Developmental Road by Mareeba Shire Council on behalf of DTMR. The emergent period ends on 30/06/2014. All approved emergent works are expected to be completed by this time. As of 30/05/2014 expenditure was $430,000. 2014/2015 Bitumen Reseal and Asphalt Program The reseal program for 2014/2015 financial year will commence early in the second half of this year. The program is cyclic and involves works to be programmed across Tableland Regional Council, Cook Shire Council, Cairns Regional Council, Cassowary Coast Regional Council and Mareeba Shire Council. The latest advice received indicates that Mareeba Shire Council portion of these works will be commenced in 2015.

CONSULTATION

Internal Infrastructure Services staff. External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Included in 2013 / 2014 budget.

Operating Included in 2013 / 2014 budget.

IMPLEMENTATION/COMMUNICATION

Advice is provided to residents and businesses affected by any activities.

ATTACHMENTS

Nil

Date Prepared: 11 June 2014

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WATER & WASTE

ITEM-18 EXPRESSION OF INTEREST FOR ALTERNATIVE WASTE COVER SYSTEM AT MAREEBA LANDFILL

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT OFFICER’S TITLE: Environmental Compliance Officer and Waste Coordinator DEPARTMENT: Infrastructure Services, Water and Waste Group EXECUTIVE SUMMARY

Alternative day cover systems for the Mareeba Landfill have now been investigated through an Expression of Interest process. The submitted expressions of interest have been assessed against the selection criteria, pricing comparisons, referee checks and a comparison against Mackay Regional Council's experience. The spray application alternative day cover system has been found to be the most cost effective solution to achieve compliance with the environmental license, to improve workplace health and safety outcomes and to improve the efficiency and the profitability of the landfill.

OFFICER'S RECOMMENDATION

"That Council resolve to invite three (3) written and sealed quotes for a spray application alternative day cover system in accordance with section 5.2 of Mareeba Shire Council's Procurement Policy."

BACKGROUND

Council resolved at its Ordinary Meeting on 5 March 2014 to undertake an Expression of Interest process to source information about current landfill day cover systems. Information sought was for products, specifications, sustainability and cost estimates for budgeting purposes. Expressions of Interest have now been sought and reviewed. It was also decided to provide a comparison of the submissions against another alternative system ("Tiled Belt Blanket") that is currently being utilised by Mackay Regional Council (MRC). This was undertaken as a way of providing a "reality check" to the assessment process as the Tiled Belt Blanket is an internally sourced product as opposed to the submissions which are externally sourced. Two (2) submissions were received by Council by the closing date 17 April 2014. These were compared to the MRC Tiled Belt Blanket system. 1. Avantz environmental products: Avantz submitted details regarding the Posi-Shell Environmental Coating system. This system involves the spray application of a hydro - proprietary blend mineral emulsion coating to the active waste face. The unit is versatile in that it may also be used for interim cover, erosion control and hydro-seeding. Upfront costs include the purchase of a hydro-seeding trailer, sprayer and Posi-Shell Base Mix. Ongoing costs include product and maintenance of the unit.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Photo 1 shows the Posi-Shell system in use. 2. Superior Environmental Services: The Tarpomatic system is a unit that mounts onto the front of a landfill compactor which comprises of a hydraulic drive motor and engaging system to unwind and rewind a tarp off a spool with variable speed control. Upfront costs for this unit include the automatic tarping machine, spool and three tarpaulins. Ongoing costs involve repair to tarps, replacement of tarps about every four years and maintenance of the machinery unit. Photo 2 shows the Tarpomatic in use. 3. MRC Tiled Belt Blanket: MRC periodically receives used conveyor belts generated from local mines. MRC decided to trial recycling these belts as an alternate day cover. The belts are attached together like tiles to assist stormwater run-off. One side of the belt "blanket" was attached to a steel bar which was used to tow the blanket on and off the active waste face. The blanket is very heavy. Earth is still used to cover the edges of the system to ensure all waste is covered. MRC advise that the belt blanket has deteriorated considerably over the past two years. The tiled belt blanket makes use of a waste product that is available from time to time. This Council does not receive conveyor belt waste or similar at its landfill. The conveyor belts would need to be transported from Mackay. Photo 3 shows the Tile Belt Blanket ready for use. Assessment of Submissions: The submissions were assessed against the documented Expression of Interest's selection criteria, referee checks, comparative pricing and the "tiled belt blanket system". A summary of the findings are presented in Table 1. Table 1 Summary of Expressions of Interest analysis

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Posi-Shell Tarpomatic Tiled Belt Blanket

Qualitative Criteria 66% 80% NA - Not an EOI submission.

Compliance Criteria Comparable except Posi-Shell also offers other beneficial uses.

Comparable - does not meet other operational needs.

The tiled belt blanket does not meet minimum requirements.

Referee Checks All interviewees were

satisfied with their product All interviewees were satisfied with their product

Interviewee was partially satisfied with product.

Comparative pricing Upfront and ongoing costs

significantly less than Tarpomatic and fits into the allocated fund in the approved Capital Works Program.

Upfront costs and tarp renewal costs are significantly more expensive than Posi-shell.

NA

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Qualitative Criteria The standard qualitative criteria were used; relevant experience, key personnel, respondents' resources, demonstrated understanding. The difference in results can be attributed to Tarpomatic providing a more refined submission and included details about the Company's resources. The Tile Belt Blanket system was not assessed against these criteria as it was not a formal submission under the Expression of Interest process. Compliance Criteria The compliance criteria includes compliance with the specification contained in the Expression of Interest documents, terms and conditions, lodgement by closing time and inclusion of a price schedule. Of special note is the assessment of compliance with the specification as it contains the mandatory requirements of environmental authority EPPR01792213. The specification sets the minimum standard that the product must achieve. The assessment of the products against the Specification are summarised in Table 2. Table 2 Assessment of product against compliance criteria.

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Posi-Shell Tarpomatic Tiled Belt Blanket

Minimise landfill odours Partial Partial Control litter Prevent the spread of fire (flame retardant) X Control disease vectors X Minimise stormwater infiltration Partial Ensure that the landfill is trafficable Visual appearance is not detrimental

to amenity of the area. Cost effectiveness compared to X

traditional day cover methods. Cover is able to be used daily Sufficient material available at tipping Not able to be

Both Avantz Posi-Shell and Tarpomatic are able to meet the compliance criteria. The Avantz Posi-Shell system offers the added benefit of being able to provide interim cover, erosion control and hydro-seeding. Erosion control at the landfill is a requirement of environmental authority EPPR01792213 that is currently in noncompliance. The Posi-Shell system may also be able to be used on local civil works projects when required. The Tiled Belt Blanket System does not meet the minimum requirements for a day cover system for the following reasons: The method of connection between the belts allows gaps to open when the blanket is pulled

over an uneven surface. This allows for stormwater infiltration, disease vectors and odour emission.

The conveyor belt source is dependent on waste material from the mining sector. This is an unreliable source for this Council. Tears in and between the belts are expected as the material is already degraded and is likely to "snag" on any protruding waste.

face determined. The cover does not create perched

water conditions in the landfill profile. Desirable: Product meets other (Interim cover and X X operational needs erosion control)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

The belt blanket system would not be cost effective compared to the other products as a number of blankets would need to be constructed; the blankets are dragged over the active waste face and would require manoeuvring into position; and the outer edges need to be covered with earth. There are no apparent time efficiencies to be obtained from this methodology.

Referee Checks A number of references were sought for the alternative day cover systems submitted under the Expression of Interest process. References were provided in telephone conversations and written submissions. All referees were satisfied with their system. The MRC operator was partially satisfied with the Tiled Belt Blanket and indicated that they may not continue using the product. MRC's Tiled Belt Blanket is not considered further as it does not meet the minimum specifications. Comparative pricing Three (3) options, including a "do nothing" option, were priced comparatively and extrapolated out over the remaining life span of the landfill to assess cost effectiveness. The "do nothing" option was based on utilising the current system of applying a layer of earth over of the active waste face and then removed the following day. Whilst both submissions offer very significant savings compared to utilising the current methodology, the Avantz Posi-Shell system is the least expensive system available. Upfront and ongoing operational costs were considered. Contingencies or abnormal situations were not considered.

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Landfill Cover Cost Camparison (Capital plus Operating)

$0

$50

$100

$150

$200

$250

1 2 3 4 5 6 7 8 9 10 11 12 13

Thousands

Years

Do Nothing

Posi‐Shell

Tarpomatic2

Figure 1: Alternative Day Cover System Comparative Pricing

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Table 3 Alternative Day Cover System Comparative Pricing Option analysis results 1

Conclusion Two (2) submissions were received in response to the Expression of Interest. The findings were as follows:

Both systems offer significant cost savings versus the current day cover methodology. The Tarpomatic has a significant upfront establishment cost and the added cost of repairs

and replacement of tarpaulins. Both systems appear able to meet the requirements of the environmental authority and

offer improvement in WPHS for the landfill operators. The Posi-Shell System can also be used to meet erosion control requirements onsite and

on local civil works projects. The Tarpomatic system has inherent risks of tearing and ripping based on operator ability.

The assessment process has found that the Posi-Shell System is the most cost effective and suitable alternative day cover system for the Mareeba Landfill. Procurement Policy Under Section 228(6) of the Local Government Act 2009, if Council invites Expressions of Interest, the local government may prepare a shortlist and invite written tenders from shortlisted parties. Council is not obligated to use the tender process to procure the Posi-Shell System. Rather, Council may use the afforded discretionary power to procure for a medium sized contract.

CONSULTATION

Internal Internal consultations have occurred between the Landfill Supervisor, Operators, Technical Officer, Environmental Compliance Officer, Coordinator Waste and Chief Executive Officer. External The following consultations have occurred in relation to the assessment of the submissions:

Year Do Nothing

Posi-Shell

Tarpomatic2 Do Year

Nothing Posi-

Tarpomatic2

Shell

1  $72,919  $52,032  $220,811 8  $86,678  $22,743  $2,583 

2  $74,742  $17,605  $2,227 9  $88,845  $23,689  $36,154 

3  $76,611  $18,401  $2,283 10  $91,066  $24,663  $2,714 

$8,8743 4  $78,526  $19,220  $2,340 11  $93,343  $25,664 

5  $80,489  $20,063  $32,754 12  $95,676  $26,695  $2,851 

6  $82,501  $20,931  $2,459 13  $98,068  $27,755  $39,907 

7  $84,564  $21,824  $2,520 Total  $1,104,028  $321,287  $358,478 1 rate of inflation/discount rate of 2.5% 2 there is an arbitrary allowance for one new tarp every four years.

The life of a tarp includes many factors as indicated by the variation in tarp life given by referees: varied from 18 months to 7 years.

3 there is a refurbishment cost of $5,000 (today's value) approximately every 10 years

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 227

Water and Waste Engineer and referees: Posi-shell Tarpomatic Awabba Waste Management Mindarie Regional Council Veolia Env. Services Toowoomba Regional Council Ballina Waste Management Gosford City Council Gunnedah Regional Council Cessnock City Council Broome Landfill Hawksbury City Council Bunbury-Harvey Regional Council Sita Environmental Solutions RedHill Waste Mangement Facility City of Marion

Water and Waste Engineer and Odour Control Systems International Ltd Similar alternative day cover system as Posi-Shell. Late submission. Environmental Compliance Officer and DEHP - Verbal discussion about the appropriateness of Tarpomatic and Posi-Shell in relation to meeting compliance with the environmental authority and future conditions. DEHP advised that as long as the systems meets the compliance criteria, it would be suitable. DEHP were supportive of any measures taken to achieve compliance. Water and Waste Engineer and Mackay Regional Council At the request of this Council's CEO, Mackay Regional Council's (MRC) Waste Coordinator was contacted to discuss and compare their alternative day cover system.

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

The environmental authority currently requires either: inert earthen material, biodegradable plastic sheeting or shredded green wastes to be used as day cover materials. The submitted day cover systems do not fit within these descriptions. This condition is out-dated and not consistent with the DEHP's model landfill licence conditions and Landfill Operational Guideline. Council is currently in discussions with DEHP about moving towards the more outcome focused model licence conditions.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Yes. Is the expenditure noted above included in the 2013/2014 budget? Yes. The current operational budget for the landfill holds monies for environmental compliance measures. The Tarpomatic system's upfront cost would not be covered by the amount allocated. If not you must recommend how the budget can be amended to accommodate the expenditure Nil

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 228

IMPLEMENTATION/COMMUNICATION

Nil

ATTACHMENTS

1. Photo 1 - Avantz - Posi-Shell; 2. Photo 2 - Superior Environmental Services – Tarpomatic; 3. Photo 3 - Mackay Regional Council - Tile Belt Blanket. Date Prepared: 11 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 229

Photo 1: Avantz - Posi-Shell

Photo 2: Superior Environmental Services - Tarpomatic

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 230

Photo 3: Mackay Regional Council - Tile Belt Blanket

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 231

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 232

ITEM-19 INFRASTRUCTURE SERVICES, WASTE OPERATIONS - PROGRESS REPORT - MAY 2014

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Water and Waste Group DEPARTMENT: Infrastructure Services, Water and Waste Group EXECUTIVE SUMMARY

This purpose of this report is to summarise Council’s Waste activities undertaken by the Infrastructure Services Department during the month of May 2014.

OFFICER'S RECOMMENDATION

"That Council receive and note the May 2014 Monthly Waste Operations Report."

BACKGROUND

The following is a summary of the waste activities undertaken during the month of May 2014.

1. Waste Operations Construction of Mareeba landfill Cell 5 commenced this month and is scheduled to be completed within five months. A 30 cubic meter bin of recycled material was transported by JJ Richards from the Mareeba waste transfer station to Cairns material recycling facility for processing. This will periodically re-occur in the future as the recyclable material builds up. Cairns Mulch has processed green waste stockpiles at both Kuranda and Mareeba waste transfer stations this month. Gas monitoring of the Mareeba waste transfer station and landfill has been conducted this month with high methane and other gases detected within the landfill area. A workplace health and safety evaluation has been conducted and appropriate signage has been erected as a result. All transfer stations and Mareeba landfill are currently operational.

2. Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of May 2014.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 233

3. Waste Collected at Each of the Transfer Stations

General Enquiries were: Cook Shire information on pre-cyclone greenwaste cleanup Intentions for use for future inorganic waste collection Extension for bin service collection Wrights Road Transfer station operating hours x 5 Will MSC be giving away free mulch this year x 3 ADK Civil were liquid water can be dumped

Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 234

4. Waste to Mareeba Landfill

The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

5. Revenue The income shown below in the pie graph is made up of: Commercial disposal (predominantly SITA) Interest earned Interest on Constrained Works Recycling (steel, batteries) Rates

The expenditure shown below in the pie graph is made of: Waste administration Landfill management Transfer station management

Page 235

Mareeba Shire Council - Agenda Wednesday 18 June 2014

6. Financial Operational Budget Information per budget Section Overall

Page 236

Graphical – Revenue (Please note Interest not received and at time of report preparation)

Graphical – Expenditure

Date Prepared: 6 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 237

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 238

ITEM-20 INFRASTRUCTURE SERVICES, WATER AND WASTEWATER GROUP - MONTHLY OPERATIONS - MAY 2014

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 18 June 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Water and Waste Group DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

This purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of May 2014.

OFFICER'S RECOMMENDATION

"That Council receive and note the April 2014 Monthly Water and Wastewater Report.” 1. Capital Works Projects 1.1

Arsenic Removal Plant at Chillagoe Engineering Design is underway on the Mareeba Industrial Park Water Infrastructure

Upgrade Work has commenced on Stage 1 of the Historian Project (Water Wastewater & Waste

SCADA and Telemetry Recording and Reporting) Stage 2 of the Chillagoe new bore water main almost complete

2. Environmental Monitoring - Treatment

Mareeba STP effluent continues to show improvement post desludging. Biological Oxygen Demand (BOD) and Suspended Solids (SS) are compliant and appear stable. Faecal Coliforms were noncompliant in the first week and then in compliance the second.

Kuranda STP remains compliant with licence conditions.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

3. Budget - Water Financial Operational Budget Information per budget Section water

Page 239

Graphical - Revenue

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

Mareeba

Water

Kuranda

Water

Dimbulah

Water

Mt Molloy

Water

Chillagoe

Water

Ivirnebank

Water

Full Year Bu

Budget

Actual

Graphical – Expense

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

MareebaWater

KurandaWater

DimbulahWater

Mt MolloyWater

ChillagoeWater

IvirnebankWater

Full Year Bud

Budget

Actual

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 240

Graphical - Revenue

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

Mareeba

Water

Kuranda

Water

Dimbulah

Water

Mt Molloy

Water

Chillagoe

Water

Ivirnebank

Water

Full Year Budget

Budget

Actual

Graphical – Expense

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

MareebaWater

KurandaWater

DimbulahWater

Mt MolloyWater

ChillagoeWater

IvirnebankWater

Full Year Budget

Budget

Actual

Mareeba Shire Council - Agenda Wednesday 18 June 2014

4. Budget - Wastewater Financial Operational Budget Information Per Budget Section Wastewater

Page 241

Graphical - Revenue

Graphical – Expenditure

Mareeba Shire Council - Agenda Wednesday 18 June 2014

5. Chlorine Residual Readings

Page 242

 

Ch

lori

ne

Res

idu

al R

ead

ing

s 20

14A

us

tra

lian

Dri

nki

ng

Wa

ter

Gu

ide

line

s M

axi

mu

m 5

mg

/L

May

201

4F

ri 2n

dM

on 5

thW

ed 7

thF

ri 9t

hM

on 1

2th

Wed

14t

hF

ri 16

thM

on 1

9th

Wed

21s

tF

ri 23

rdM

on 2

6th

Wed

28t

hF

ri 30

th

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Fre

e C

l (m

g/L)

Mar

eeba

TR

C R

anki

ne S

t1.

130.

850.

601.

251.

491.

501.

450.

981.

321.

231.

201.

370.

93

Wyl

andr

a D

rive

Mar

eeba

0.98

0.82

0.45

0.44

0.78

0.66

0.90

0.71

0.89

0.86

1.06

0.84

0.76

Gre

gory

Ter

race

Kur

anda

0.86

0.91

0.84

0.82

0.84

0.82

0.87

1.00

1.15

0.93

0.89

1.10

1.00

Mas

on R

d P

S K

uran

da1.

291.

360.

890.

911.

201.

241.

361.

371.

251.

291.

251.

191.

24

Chi

llago

e0.

300.

270.

250.

310.

190.

230.

290.

310.

320.

310.

230.

190.

22

Dim

bula

h1.

111.

301.

400.

951.

750.

991.

281.

131.

371.

501.

861.

611.

04

Mareeba Shire Council - Agenda Wednesday 18 June 2014

6. Mareeba Water Supply Scheme – Operations Data

Page 243

Mareeba WTP - Average Daily Production

0.00

2000.00

4000.00

6000.00

8000.00

10000.00

12000.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDailyProduction (kL perDay)

Rainfall(mm)

Mareeba WTP - Average Daily Consumption by Connection

0

500

1000

1500

2000

2500

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDailyConsumptionperConnection(L per Day)

Rainfall (mm)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

7. Kuranda Water Supply Scheme - Operations Data

Page 244

Kuranda WTP - Average Daily Production

0.00

200.00

400.00

600.00

800.00

1000.00

1200.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

) AverageDailyProduction (kL per Day)

Rainfall (mm)

Kuranda WTP - Average Daily Consumption by Connection

0

200

400

600

800

1000

1200

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDailyConsumptionperConnection(L per Day)

Rainfall (mm)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

8. Mount Molloy Water Supply Scheme - Operations Data

Page 245

Mareeba Shire Council - Agenda Wednesday 18 June 2014

9. Dimbulah Water Supply Scheme - Operations Data

Page 246

Dimbulah WTP - Average Daily Production

0.0050.00

100.00150.00200.00250.00300.00350.00400.00450.00500.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

) AverageDailyProduction (kL per Day)

Rainfall (mm)

Dimbulah WTP - Average Daily Consumption by Connection

0200400600800

10001200140016001800

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDailyConsumptionperConnection(L per Day)

Rainfall (mm)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

10. Chillagoe Water Supply Scheme - Operations Data

Page 247

Chillagoe BF - Average Daily Production

0.00

50.00

100.00

150.00

200.00

250.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

) AverageDailyProduction (kL per Day)

Rainfall (mm)

Chillagoe BF - Average Daily Consumption by Connection

0200400600800

10001200140016001800

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDailyConsumptionperConnection(L per Day)

Rainfall (mm)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

11. Mareeba Wastewater Treatment Plant - Operations Data

Page 248

Mareeba STP - Average Daily Inflow

0.00500.00

1000.001500.002000.002500.003000.003500.004000.004500.005000.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

) AverageDaily Inflow (kL per Day)

Rainfall (mm)

Mareeba STP - Average Daily Inflow by Connection

0

200

400

600

800

1000

1200

1400

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDaily InflowperConnection (L per Day)

Rainfall (mm)

Mareeba Shire Council - Agenda Wednesday 18 June 2014

12. Kuranda Wastewater Treatment Plant - Operations Data

Page 249

Kuranda STP - Average Daily Inflow

0.00

50.00

100.00

150.00

200.00

250.00

300.00

350.00

400.00

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Kil

oli

tres

per

Day

0

100

200

300

400

500

Rai

nfa

ll (

mm

) AverageDaily Inflow (kL per Day)

Rainfall (mm)

Kuranda STP - Average Daily Inflow by Connection

0

200

400

600

800

1000

1200

Jan-14

Feb-14

Mar-14

Apr-14

May-14

Jun-14

Jul-14

Aug-14

Sep-14

Oct-14

Nov-14

Dec-14

Lit

res

per

Day

per

C

on

nec

tio

n

0

100

200

300

400

500

Rai

nfa

ll (

mm

)

AverageDaily InflowperConnection (L per Day)

Rainfall (mm)

Date Prepared: 5 June 2014

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 250

ITEM-21 JULATTEN WASTE TRANSFER STATION OPERATOR CONTRACT TMSC2014-09

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 72(1)(e) of the Local Government (Operations) Regulation 2010, which permits the meeting to be closed to the public for business relating to the following:

(e) contracts proposed to be made by Council.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 251

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 252

ITEM-22 MT MOLLOY WASTE TRANSFER STATION OPERATOR CONTRACT TMSC2014-08

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 72(1)(e) of the Local Government (Operations) Regulation 2010, which permits the meeting to be closed to the public for business relating to the following:

(e) contracts proposed to be made by Council.

Mareeba Shire Council - Agenda Wednesday 18 June 2014

Page 253

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at 9:00 am on Wednesday 2 July 2014