December 2016 - walga.asn.au · arrangement for the management and distribution of the Emergency Services Levy. Funding should also be provided to facilitate consultation with affected

December 2016

State Council Agenda

Sta

te C

ounci

l Agenda

WALGA State Council Meeting December 2016 Page 1

NOTICE OF MEETING

Meeting No. 6 of 2016 of the Western Australian Local Government Association State Council to be held at WALGA, 170 Railway Parade, West Leederville on Wednesday 7 December 2016 beginning at 4pm.

1. ATTENDANCE, APOLOGIES & ANNOUNCEMENTS 1.1 Attendance Chair President of WALGA Cr Lynne Craigie

Deputy President of WALGA Mayor Tracey Roberts JP North Metropolitan Zone

Members Avon-Midland Country Zone Cr Darren Slyns Central Country Zone President Cr Philip Blight Central Metropolitan Zone Cr Janet Davidson OAM JP Mayor Heather Henderson East Metropolitan Zone Cr Sue Bilich Cr Darryl Trease JP Goldfields Esperance Country Zone President Cr Malcolm Cullen Gascoyne Country Zone President Cr Cheryl Cowell Great Eastern Country Zone President Cr Stephen Strange Great Southern Country Zone President Cr Ken Clements Kimberley Country Zone President Cr Elsia Archer Murchison Country Zone Cr Simon Broad North Metropolitan Zone Cr Russ Fishwick JP Cr David Michael Northern Country Zone President Cr Karen Chappel Peel Country Zone Cr Wally Barrett Pilbara Country Zone Mayor Peter Long South East Metropolitan Zone Mayor Henry Zelones OAM JP Cr Fiona Reid South Metropolitan Zone Mayor Carol Adams Cr Doug Thompson Mayor Logan Howlett South West Country Zone President Cr Wayne Sanford

Ex-Officio Local Government Managers Australia Mr Jonathan Throssell The Rt Hon Lord Mayor of the City of Perth Ms Lisa Scaffidi

Secretariat Chief Executive Officer Ms Ricky Burges

Deputy Chief Executive Officer Mr Wayne Scheggia A/EM Environment & Waste Ms Nicole Matthews EM Governance & Organisational Services Mr Tony Brown EM Finance & Marketing Mr Zac Donovan EM Planning & Community Development Mr Warwick Carter EM Infrastructure Mr Ian Duncan EM Business Solutions Mr John Filippone Manger Strategy & Association Governance Mr Tim Lane EO Governance Ms Fiona Cohen

1.2 Apologies Manager Governance Mr James McGovern 1.3 Announcements

WALGA State Council Meeting December 2016

Page 2

2. MINUTES

Recommendation

That the Minutes of the Western Australian Local Government Association (WALGA) State Council Meeting held on Friday 9 September 2016 be confirmed as a true and correct record of proceedings.

3. DECLARATIONS OF INTEREST

Pursuant to our Code of Conduct, State Councillors must declare to the Chair any potential conflict of interest they have in a matter before State Council as soon as they become aware of it.

4. EMERGING ISSUES Notification of emerging issues must be provided to the Chair no later than 24 hours prior to the meeting.

5. MATTERS FOR DECISION

as per matters listed

Items Under Separate Cover to State Council only

6. MATTERS FOR NOTING / INFORMATION

as per matters listed.

7. ORGANISATIONAL REPORTS

7.1 Key Activity Report

7.1.1 Environment and Waste

7.1.2 Governance and Organisational Services

7.1.3 Infrastructure

7.1.4 Planning and Community Development

7.2 Policy Forum Reports

7.2.1 Policy Forum Reports

7.3 President’s Report

Recommendation

That the President’s Report for December 2016 be received.

WALGA State Council Meeting December 2016

Page 3

7.4 CEO’s Report

Recommendation

That the CEO’s Report for December 2016 be received.

7.5 LGMA President’s Report

Recommendation

LGMA President Jonathon Throssell to present on the activities of the LGMA.

8. ADDITIONAL ZONE RESOLUTIONS

To be advised following Zone meetings.

9. MEETING ASSESSMENT A State Councillor will be requested to provide feedback as to the effectiveness of the meeting.

10. DATE OF NEXT MEETING

Recommendation

That the next meeting of the Western Australia Local Government Association State Council be held in the Boardroom at WALGA, 170 Railway Parade, West Leederville on 1 March 2017, commencing at 4pm.

11. CLOSURE


Agenda Items

5. MATTERS FOR DECISION ........................................................................ 5

5.1 WALGA State Budget Submission (05-088-03-0001 WFS) .......................................... 5

5.2 Regional Subsidiaries: Submission on Development of Regulations (05-034-01-0004 TB) ................................................................................................. 34

5.3 Local Government Industrial Jurisdiction (07-004-01-0035 SR) ................................. 78

5.4 Review of Decision Making within the WA planning system (06-03-01-0001 VJ) ...... 83

5.5 Development Assessment Panels: Suggested Amendments (05-047-01-0016 GC) . 86

5.6 Amendment to State Planning Policy 3.1 – Residential Design Codes – minor amendments (05-015-02-0002 VJ) .......................................................................... 100

5.7 State Planning Policy 1 – State Planning Framework (05-036-03-0059 VJ) ............. 112

5.8 LG Risk Vision Risk Management System (03-051-01-0001 JL) .............................. 115

5.9 Interim Submission in response to the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million People and Beyond’ (05-001-03-0049 MM) ............................... 119

5.10 Guidelines and Specifications for Residential Crossovers (05-001-03-0015 MB) .... 143

5.11 Review of Electricity (Network Safety) Regulations 2015 (05-001-03- 0019 ID) ...... 174

6. MATTERS FOR NOTING / INFORMATION ........................................... 176

6.1 Ceding and Vesting of Foreshore Reserves (05-047-01-0006 VJ) ........................... 176

6.2 Libraries Working Group (05-012-02-0011 MP) ....................................................... 179

6.3 Public Health Act 2016 (05-031-01-0001 EDR) ........................................................ 183

6.4 Government Response Special Inquiry January 2016 Waroona Fire (05-024-03-0035 MP) ............................................................................................... 187

6.5 Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB) ........................ 191

6.6 ALGA National General Assembly Referred Items (04-0001-02-0004 WFS) ............ 224

7. ORGANISATIONAL REPORTS ............................................................. 228

7.1 Key Activity Reports .................................................................................... 228

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-001 7 RB) .............................................................................................. 228

7.1.2 Report on Key Activities, Governance and Organisations Services (01-006-03-0007 TB) ............................................................................................... 232

7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID) ................................... 235

7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 WC) .............................................................................................. 239

7.2 Policy Forum Reports .................................................................................. 243

7.2 Policy Forum Reports (01-006-03-0007 TB) ............................................................ 243

5.1 WALGA State Budget Submission (05-088-03-0001 WFS) WALGA State Council Meeting December 2016

Page 5

5. MATTERS FOR DECISION

5.1 WALGA State Budget Submission (05-088-03-0001 WFS)

By Wayne Scheggia, Deputy Chief Executive Officer

Recommendation

That the WALGA 2017-18 State Budget Submission be endorsed.

In Brief

The Association prepares a budget submission to State Government annually; and

This year’s submission has been developed to accord with both the continuing fiscal priorities of

the sector and the priorities identified for the forthcoming State Election and is based on existing

Association policy positions.

Relevance to Strategic / Business Plan

Relates to the Association’s aspirations for resource enhancement and legislative advantage.

Key Strategies

Engagement with Members

Deliver a broad range of benefits and services that enhance the capacity of member Local Governments;

Improve communication and build relationships at all levels of member Local Governments; Provide ongoing professional development and interactive opportunities for Elected

Members to contribute to debate on sector issues; and Build a strong sense of WALGA ownership and alignment.

Sustainable Local Government Continue to build capacity to deliver sustainable Local Government; Provide support to all members, according to need; Represent the diversity of members’ aspirations in the further development of Local

Government in Western Australia; and Foster economic and regional development in Local Government.

Enhanced Reputation and Relationships Communicate and market the profile and reputation of Local Government and WALGA; Promote WALGA’s advocacy successes with the sector and the wider community; Strengthen effective relationships with external peak bodies and key decision makers in

State and Federal Government; and Develop simple and consistent messages that are effectively articulated;

Policy Implications

Nil.

Budgetary Implications

Nil


Page 6

Background

The initial content for the submission was developed to reflect both the continuing fiscal priorities of

the sector and the outcomes of State Council Forums held in March and May which defined the

Association’s key priorities for the State Election Platform.

The essential content and format of the Budget submission was detailed in a presentation and

discussion at the September State Council Strategic Forum in Dalwallinu.

The submission was endorsed by the Executive Committee on Monday 31 October 2016.

Attachment

2017-18 State Budget Submission.

Comment

The core themes and bids contained within the submission are summarised below:

Budget Repair

The State Government must commit to meeting its own financial targets and reclaim the AAA

credit rating.

Further cuts to spending are needed to address the structural challenges facing the State’s

budget position. Any spending cuts must first be targeted at removing waste and inefficiencies

from the public sector, and then focussed on reducing service delivery to sustainable levels.

Cuts to State Government spending should not result in cost-shifting to other sectors including

Local Government.

All affected stakeholders should be consulted as part of the Agency Expenditure Review

process to ensure that scarce funds are directed to essential services that will deliver benefits to

local communities and to identify any unintended consequences of spending cuts.

A Partnership Agreement should be established between the Western Australian Government

and the Local Government sector to improve co-operation between the two sectors at strategic

and project levels. This should include a Communication and Consultation Protocol that

provides for a minimum of twelve weeks of collaboration for legislative proposals that will impact

Local Government operations and eight weeks of consultation for regulatory or compliance

changes that will affect Local Government.

The Government must clarify whether it intends to sell the State’s street lighting infrastructure

separately or as part of the sale of Western Power.

Reforms are needed to introduce competition in the market for street lighting and improve

current regulatory arrangements.


Page 7

Spending priorities

The State Government should commit funding in the 2017-18 Budget to support the

implementation of the Public Health Act 2016. Specifically, funding is required for the following:

o The development of a template Health Local Law in collaboration with Department of

Health, Department of Local Government and Communities and the Local Government

sector.

o Support to Local Government to assist with the public health planning process, including

new requirements to develop Public Health Plans.

o The establishment of a joint State Government and Local Government working group to

identify issues with public health planning processes.

The successful implementation of reforms identified in the Special Inquiry into the January 2016

Waroona Fire is a priority for the 2017-18 Budget. In particular, resources should be provided to

the Department of the Premier and Cabinet to conduct an independent review of the current

arrangement for the management and distribution of the Emergency Services Levy.

Funding should also be provided to facilitate consultation with affected stakeholders as part of

the Government’s response to the Inquiry. From a Local Government perspective, consultation

with the sector will be critical in relation to the potential introduction of a Rural Fire Service.

A Container Deposit Scheme should be introduced for WA. The scheme should initially be

funded by re-prioritising funds generated from the Waste Avoidance and Resource Recovery

Levy, until it becomes self-funded through industry investment.

The Infrastructure Asset Renewal and New Assets component of the Country Local Government

Fund should be reinstated to ensure funds are available for critical community infrastructure in

non-metropolitan Local Governments. Funding should be reinstated at a level commensurate

with the original intent of addressing the infrastructure backlog in regional Western Australia.

Broader reforms

The State Government should consider a broader program of reforms that will help enhance the

productivity of the WA economy and improve the budget position without affecting service

delivery and the sustainability of communities.

The Treasurer should direct the Economic Regulation Authority (ERA) to conduct an Inquiry into

Local Government fees and charges, with the aim to review current issues and identify specific

reform opportunities across the fee and charge setting regime.

A comprehensive review of the Local Government Act 1995 should be undertaken, to ensure

that it is relevant to the contemporary needs of the sector, and to identify opportunities to reduce

compliance costs and generate efficiencies.

A long term infrastructure plan for the state is needed to inform spending decisions. Such a plan

should prioritise projects based on a thorough and transparent cost benefit analysis, and be

used to make sure funding is directed to projects which will deliver the greatest benefits to the


Page 8

WA community. Such a plan should include infrastructure projects that fall within Local

Government jurisdiction, in addition to those that would typically receive State or

Commonwealth Government funding.

Investing in the future

The current methodology for providing funding to Local Government through the State Road

Funds to Local Government Agreement should be retained.

The level of funding provided to Local Government under the State Road Funds to Local

Government Agreement should not be reduced, despite the financial challenges faced by the

State Government.

The proportion of funding provided to Local Government should return to 27% of vehicle

registration revenue in line with the initial State Road Funds to Local Government Agreement.

Funding is needed for the continuation of the Public Library Services Working Group, to develop

and implement a Public Libraries Strategic Plan. The Public Libraries Strategic Plan should align

with the Vision 2025 and Framework for Strategic Action for Public Library Services in Western

Australia studies, and ensure that library services are delivered in a more efficient and flexible

manner, and meet the needs of modern communities.

Funding for the Community Sports and Recreation Facilities Fund should be restored to $20

million per annum from 2018-19 and beyond.


Page 9

2017-18 State Budget Submission

Submission to the State Government in advance of the

2017-18 Budget

October 2016

Western Australian Local Government Association

ONE70, LV1, 170 Railway Parade, West Leederville, WA 6007

P.O. Box 1544, West Perth, WA 6872

T: (08) 9213 2096

E: [email protected]


Page 10

1. Introduction

The Western Australian Local Government Association (WALGA or ‘the Association’) is the united

voice of Local Government in Western Australia. The Association is an independent, membership-

based group representing and supporting the work and interests of all 137 mainland Local

Governments in Western Australia, plus the Indian Ocean territories of Christmas Island and Cocos

(Keeling) Islands.

The Association provides an essential voice for more than 1,200 elected members and

approximately 14,500 Local Government employees as well as over 2 million constituents of Local

Governments in Western Australia. The Association also provides professional advice and offers

services that provide financial benefits to the Local Governments and the communities they serve.

WALGA is grateful for the opportunity to provide a submission in advance of the 2017-18 State

Budget, and in doing so recognises the financial and economic circumstances that are impacting on

the State Government at this time, and the need to implement measures to repair the budget

position and ensure that spending is directed to priority areas.

The Local Government sector is an important partner in this process. Local Governments are part of

their communities, and have a unique understanding of their needs. Working with Local

Governments can help ensure that the State’s scarce resources are targeted to priority areas, and

ensure vibrant, well planned and inclusive communities.

Our submission focuses on the areas which we consider will deliver the greatest value for

communities and ensure taxpayer dollars are spent wisely.

We look forward to working in partnership with the State Government to support the growth of the

economy and deliver sustained improvement in the quality of life for all Western Australians.

Summary of Recommendations

Budget Repair


credit rating.




Cuts to State Government spending should not result in cost-shifting to other sectors including

Local Government.

All affected stakeholders should be consulted as part of the Agency Expenditure Review

process to ensure that scarce funds are directed to essential services that will deliver

benefits to local communities and to identify any unintended consequences of spending cuts.


Page 11



and project levels. This should include a communication and consultation protocol that provides

for a minimum of twelve weeks of collaboration for legislative proposals that will impact Local

Government operations and eight weeks of consultation for regulatory or compliance changes

that will affect Local Government.

The Government must clarify whether it intends to sell the State’s street lighting infrastructure

separately or as part of the sale of Western Power.



Spending priorities

The State Government should commit funding in the 2017-18 Budget to support the

implementation of the Public Health Act 2016. Specifically, funding is required for the following.

o The development of a template Health Local Law in collaboration with Department of Health,

Department of Local Government and Communities and the Local Government sector.

o Support to Local Government to assist with the public health planning process, including new

requirements to develop Public Health Plans.


identify issues with public health planning processes.

The successful implementation of reforms identified in the Special Inquiry into the January 2016

Waroona Fire is a priority for the 2017-18 Budget. In particular, resources should be provided to

the Department of the Premier and Cabinet to conduct an independent review of the current

arrangement for the management and distribution of the Emergency Services Levy.



with the sector will be critical in relation to the potential introduction of a Rural Fire Service.


funded by re-prioritising funds generated from the Waste Avoidance and Resource Recovery

Levy, until it becomes self-funded through industry investment.




with the original intent of addressing the infrastructure backlog in regional Western Australia.


Page 12

Broader reforms

The State Government should consider a broader program of reforms that will help enhance the

productivity of the WA economy and improve the budget position without affecting service

delivery and the sustainability of communities.

The Treasurer should direct the Economic Regulation Authority (ERA) to conduct an Inquiry into

Local Government fees and charges, with the aim to review current issues and identify specific

reform opportunities across the fee and charge setting regime.

A comprehensive review of the Local Government Act 1995 should be undertaken, to ensure

that it is relevant to the contemporary needs of the sector, and to identify opportunities to reduce

compliance costs and generate efficiencies.





Government jurisdiction, in addition to those that would typically receive State or


Investing in the future



The level of funding provided to Local Government under the State Road Funds to Local

Government Agreement should not be reduced, despite the financial challenges faced by the

State Government.


registration revenue in line with the initial State Road Funds to Local Government Agreement.

Funding is needed for the continuation of the Public Library Services Working Group, to develop

and implement a Public Libraries Strategic Plan. The Public Libraries Strategic Plan should align

with the Vision 2025 and Framework for Strategic Action for Public Library Services in Western

Australia studies, and ensure that library services are delivered in a more efficient and flexible

manner, and meet the needs of modern communities.




Page 13

2. Economic and Fiscal Context

WA Economic Snapshot

The past few years have been challenging as the WA economy transitioned away from a period of

exceptional growth on the back of record levels of investment in the resources sector.

With a number of major resources projects reaching completion, business investment has now

fallen by almost 40 per cent from its peak of $82 billion in 2012. Business investment is expected to

unwind further in coming years, with the recent completion of projects such as Gorgon and Roy Hill,

and soon Wheatstone.

This change has clearly impacted the domestic economy, which is entrenched in recession having

contracted for 13 out of the past 14 quarters in annual terms. As a result, the economy is now back

to the same size it was in 2011 (Figure 1).

Figure 1 WA State Final Demand vs Domestic Demand

The economy has also suffered from a

slowdown in population growth, which has

affected consumer facing sectors such as retail

and housing. At the height of the boom, WA

was experiencing record levels of population

growth, with more than 67,000 people moving

to the state from interstate and overseas at the

peak in 2012. This has dropped away

significantly in recent times, with just 14,800

people moving to WA from overseas, while

more than 5,620 people left WA to move

interstate.

The bright spot for our economy is the external sector, which is now starting to benefit from a

decade of capacity expansions. Export volumes are continuing to hit record high levels, with

overseas sales expected to reach almost $150 billion in 2015-16 according to WA Treasury

estimates. However, the benefit from higher volumes has been dampened to some extent by the fall

in in the price of the state’s key commodities.

The downturn in the WA economy has been acutely felt by local communities. One of the clearest

effects has been on the labour market, with an additional 61,000 Western Australians now out of

work compared to October 2008 when the unemployment rate was at its most recent low of 2.3 per

cent. WA’s unemployment rate is now 6.3 per cent, which is above the national average (Figure 2).

While overall the WA economy is still creating jobs, the majority of these are part time positions.

While this has created opportunities for those who prefer part time work, it has meant that

underemployment is now a key issue for the WA economy. Around 33,000 part time positions were

created over the past year, while 53,000 full time jobs were lost over the same period. More than

134,000 Western Australians are now considered to be underemployed, compared to 109,600 just a

year earlier.


Page 14

Figure 2 Unemployment Rate, WA vs Australia

Amidst more challenging times, many families

are turning to the services provided by the local

government and not for profit community

sectors.

For example, the local government sector has

reported greater demand for public library

services. In uncertain economic times, the

public library is an important social institution

that provides much needed resources —

education and training, job search resources,

and Internet access for applying for jobs and social services. Public Libraries become safe cultural

hubs and provide value to their patrons and communities.

The additional demand for these types of services is placing pressure on service delivery at a time

when Local Government is also facing a tight fiscal environment.

Impact on the State Budget

The weaker economic conditions have had considerable implications for the state’s financial

position. The latest estimates contained in the 2016-17 Budget Papers show that a deficit of

$3.9 billion is projected this financial year – the largest on record (Figure 3). This follows a $2 billion

deficit in 2015-16. With the budget not expected to return to surplus until 2019-20, net debt will also

continue to climb to a record $40.1 billion by 2019-20.

Figure 3 Net Operating and Cash Balance, WA

The deteriorating budget position is in part due

to write downs in revenue as a result of the

poorer economic climate. After falling in the

past two years (by 2% and 3.3% respectively)

revenue is expected to drop by a further 3.1%

(or $811 million) in 2016-17.

The downturn in mining royalties, weaker

collections from payroll and property taxes and

reduction in GST revenue are to blame, and

have wiped $2.3 billion off the state’s revenue

compared to the peak in 2013-14.

However the falls in revenue accounted for only half of the deterioration in the state’s budget

position over this period, with the remainder driven by increases in spending. General government

expenditure has grown by $2.3 billion over this period, or at an annual average rate of 3.8 per cent.

This represents an average increase of $1.4 billion per annum over the past decade.

The deterioration in the state’s financial position has seen the state lose its coveted AAA credit

rating, and the government is not expected to meet four of its five self-imposed financial targets in


Page 15

2016-17. This not only adds directly to borrowing costs, but also impacts WA’s attractiveness as a

destination for investment and limits opportunities for jobs and economic growth. Further, it reduces

the ability to spend on much needed services and infrastructure, and limits the capacity to

undertake productivity enhancing reforms.


Page 16

3. 2017-18 State Budget Priorities

Budget Repair

Funding request

No additional funding required. Measures should improve the availability of funding.

Benefit to the state

Taxpayer dollars are spent in way which is sustainable and maximises benefits to the community. The tax burden on households and businesses is minimised.

In light of the significant challenges facing the state’s finances, a priority for the 2017-18 Budget

should be to repair the budget position and ensure that taxpayer dollars are spent on priority areas

for the community.

Controlling expenditure growth

It is in everyone’s best interests that the Government manages the budget responsibly. Prudent

financial management means that there is less pressure to increase taxes and charges on

households and businesses. It also means that funds are managed with an eye to the future service

and infrastructure needs of the community.

In this regard, the Government must commit to meeting its own self-imposed financial targets, and

to reclaim the AAA credit rating.

While it is recognised that a number of measures have been introduced to repair the State’s

financial position, the Association considers that more needs to be done to address the underlying

structural challenges facing the budget.

While falling revenues have been blamed for the record deficit, this focus on revenue alone

overlooks the decades of unsustainable growth in recurrent spending by successive Governments

which has also contributed to the problem.

While the measures announced during the 2016-17 Budget including the new public sector wages

policy, expanding the agency expenditure review process and asset sales should move the budget

into more positive fiscal territory, the Government will need to further cut its recurrent spending in

order to address the underlying structural problems with the budget. The savings of between 1.5%

and 3.5% expected from the agency spending reviews are not likely to be sufficient to have a

material impact on the state’s budget challenges, given that it would take a 13% reduction in

spending just to balance the books in 2016-17.

While deeper cuts will be necessary, this can’t be a ‘slash and burn’ approach that removes

programs without any regard to the benefits they deliver. Any spending cuts must first be targeted at

removing waste and inefficiencies from the public sector, and then focussed on moving service

delivery to a sustainable base. It is also critical that cuts to State Government spending do not result

in cost-shifting to other sectors, including the Local Government sector.

In determining spending cuts and ensuring that taxpayer dollars are directed to priority areas, it is

critical that the State Government consult appropriately with affected stakeholders.


Page 17

Consultation with all affected stakeholders is a critical part of the Agency Expenditure Review

process to ensure that scarce funds are directed to essential services that will deliver the greatest

benefits to local communities, and to identify any unintended consequences of proposed spending

cuts. Local governments are an important and willing partner in this process. Local Governments

are part of their communities, and are best placed to understand their unique needs. Working with

Local Governments can help ensure that the State’s scarce resources are targeted to priority areas,

and ensure vibrant, well planned and inclusive communities.

The Association has concerns that appropriate consultation has not occurred in relation to some

programs that have been cut under the Agency Expenditure Review process.

One example is the decision by the Department of Local Government and Communities (DLGC) to

withdraw from the provision of property management services for local childcare and community

centres. Despite being a key stakeholder in the provision of many childcare and community

services, Local Government was not consulted as part of this process.

While WALGA acknowledges that property management is not a core role of Government, the

decision has created a funding gap in relation to lease costs that were previously subsidised by the

DLGC. The decision to cease providing this service means that Local Governments will be required

to absorb rent that would have previously been provided by the DLGC, or to charge commercial

rates to the community services providers using the facility.

WALGA is concerned that this decision will result in poorer outcomes for the community by forcing

service providers to move into areas where they can secure affordable lease arrangements, rather

than in communities where the services are needed most. Alternatively, it will require Local

Government to fund these lease costs at the expense of other key areas of service delivery or

through additional costs to ratepayers.

To improve consultation and collaboration between the State Government and Local Government

more broadly, the Association is seeking a formal Partnership Agreement. The Partnership

Agreement should incorporate a protocol that guides communication and consultation between the

State Government and the Local Government sector with a minimum of twelve weeks of

collaboration for legislative proposals that will impact Local Government operations and eight weeks

of consultation for regulatory or compliance changes that will affect Local Government

Recommendations


credit rating.




Cuts to State Government spending should not result in cost-shifting to other sectors, including

Local Government.

The State Government should consult with all affected stakeholders as part of the Agency

Expenditure Review process to ensure that scarce funds are directed to essential services that


Page 18

will deliver the greatest benefits to local communities, and to identify any unintended

consequences of spending cuts.



and project levels. This should include a communication and consultation protocol that provides

for a minimum of twelve weeks of collaboration for legislative proposals that will impact Local

Government operations and eight weeks of consultation for regulatory or compliance changes

that will affect Local Government.

Asset Sales

The State Government has recently announced its intention to sell some of the state’s electricity

assets as part of its broader asset sales program.

In the 2015-16 Budget, the Government announced that it would sell the state’s street lighting

infrastructure. More recently, the 2016-17 Budget flagged the sale of Western Power and some

Horizon Power assets. It is unclear whether street lighting assets will be sold separately, or as part

of the sale of the broader utility.

It is recognised that the intention of the asset sales program is to pay down debt and establish a

fund for future infrastructure investment. However, the sale of these assets will have broader

implications for stakeholders that need to be considered. It is important that any asset sales occur

with the aim of improving efficiency of service delivery and ensuring better outcomes for end users.

For the Local Government sector, the sale of Western Power has significant implications for the

provision of street lighting.

Local Governments in WA are legally responsible for providing street lighting, and paying for the

associated energy use and maintenance costs. WALGA estimates that street lighting accounts for

approximately one third of Local Government energy expenditure, or $40 million per annum.

While the provision of street lighting represents a significant portion of expenditure, for many local

councils it is also an area where there is little discretion, options or control available. Western Power

owns and operates approximately 90% of WA’s public lighting infrastructure, and is also responsible

for maintenance and capital works. As Western Power will not allow others to attach street lights to

poles it owns, only new public lighting assets where separate poles are being used are able to be

owned and operated by an organisation other than Western Power.

While local governments can advocate to Western Power for more efficient lighting or improved

standards of service, they ultimately have no control over how failed or obsolete assets are

replaced.

The dominance of Western Power in the street lighting market has limited opportunities for Councils

to adopt new and more efficient technology and take advantage of alternative service offerings. In

recent years the local government sector has been exploring opportunities to improve amenity,

control rising electricity costs and reduce greenhouse gas emissions, however progress has been

slow.


Page 19

One of the primary reasons that Western Power’s dominance in the street lighting market has not

delivered optimal outcomes for local government is that there is a misalignment of objectives. As

the service provider, Western Power aims to maximise its returns from the street lighting network,

and to reduce associated risks. By contrast, local governments have a wide range of objectives on

behalf of the community, including improving public amenity and safety, reducing greenhouse

emissions and energy consumption, and minimising costs.

The misalignment of objectives has been one of the major barriers to the introduction of more

energy efficient technologies in a timely manner. Given that it will not receive any of the associated

economic or community benefits, Western Power lacks an incentive to make energy efficient

options available to local governments. In fact, the lower maintenance costs and extended

operating as a disincentive to the introduction of more energy efficient technology, as these

outcomes are not in Western Power’s financial interests.

Addressing these barriers will require reforms to improve competition and strengthen the regulatory

environment to ensure the efficient operation of the state’s public lighting market for the benefit of

the WA community.

WALGA is currently developing a policy platform that will help to achieve improved outcomes in the

street lighting market and would welcome the opportunity work with the State Government to

progress these reforms.

Recommendations

The Government should clarify whether it intends to sell the State’s street lighting infrastructure

separately or as part of the broader sale of Western Power.




Page 20

Spending Priorities

Public Health Act

Funding request

Funding is estimated to be in the order of $50,000.


The next stage of the Public Health Act is implemented in a coordinated and timely manner, and existing gaps in the regulatory framework are addressed.

The development and introduction of the Public Health Act is a major public health initiative and

regulatory reform undertaking for Western Australia. WALGA strongly supported the introduction of

the Act as the foundation for a risk management approach to public health for both State and Local

Government.

There will be a staged approach to the introduction of the Act, with the Department of Health

anticipating four stages over five years.

There is a significant amount of work required to develop subsidiary legislation to replace the 47

sets of regulations that currently sit under the Health Act 1911. The Department of Health is

currently reviewing all the existing subsidiary legislation and local laws to determine which parts

must be carried forward to the new legislation. The Association understands that the Department of

Health intends to include all the current and relevant provisions of the existing health local laws in

new subsidiary legislation wherever possible, to ensure that local governments do not need to

replace their existing local laws.

WALGA has commenced a transition project to explore what this new legislation will mean for the

sector. There still remains considerable uncertainty in relation to the implications as it relates to the

Local Government Act.

As a result, the Department of Local Government and Communities, the Department of Health and

the Local Government sector need to work together to address the gaps in the regulatory

framework. WALGA seeks funding in the 2017-18 Budget to facilitate this, through the development

of a template Health Local Law. Based on similar work undertaken with the Department of

Environment, it is estimated that funding in the order of $50,000 would be required in the budget

year.

There will also be new requirements for the Local Government sector under the Act. Local

Governments will now be required to develop Public Health plans, which are used to plan for the

health and wellbeing of a local community and establish health priorities and strategies for a three

year period. The plans ensure that the health of the community is included in the overall planning

picture, and that this aligns with the State Public Health Plan. The new Public Health Plan will

replace the current public health reporting requirements contained in the Health Act 1911. It is

intended that the provisions within the Act will complement the Integrated Planning processes

required under the Local Government Act 1995.

To assist Local Government to prepare for and enforce the new Act, a range of resources and

communication tools need to be developed in collaboration with the sector to support each stage of


Page 21

the implementation. WALGA seeks a commitment to establish a State/Local Government Working

group for the implementation of the Public Health Act 2016 to identify issues with public health

planning processes.

Recommendations

The State Government should commit funding in the 2017-18 budget to support the

implementation of the Public Health Act 2016. Specifically, funding is required for the following.

o The development of a template Health Local Law in collaboration with Department of Health,

Department of Local Government and Communities and the local government sector.

o Support to Local Government to assist with the public health planning process, including new

requirements to develop Public Health Plans.


identify public health planning issues.

Special Inquiry into the Waroona Fire

Funding request

Funding required is still to be determined.


Appropriate management and distribution mechanisms are in place for public funds provided for emergency management activities. Consultation is undertaken to ensure that any reforms introduced as part of the Special Inquiry into the Waroona Bushfire are well planned and researched, with the impacts on Government, the state’s finances, and key stakeholders taken into account.

The Special Inquiry into the January 2016 Waroona Fire was released in June 2016, and set out 17

recommendations for strategic change and 23 agency opportunities for improvement.

The report and its analysis has highlighted deficiencies, not just in firefighting operation, but also in

systems for managing bushfire in Western Australia. The Association is encouraged that the

Special Inquirer has adopted key recommendations suggested by our members and that the State

Government has endorsed all 17 of the Inquirer’s recommendations.

Given that the report sets out structural reforms to the way that emergency management services

are delivered in the state, it is recognised that many of these will need to be implemented and will

require funding over the longer term.

However, it is important that some funding is included in the 2017-18 Budget to commence the

implementation process.


Page 22

The Association considers that the priority should be for the Department of the Premier and Cabinet

to conduct an independent review of the current arrangement for the management and distribution

of the Emergency Services Levy, for the purposes of:

seeking input from key entities including the Departments of Treasury, Finance, Fire and

Emergency Services, Lands, and Parks and Wildlife, WA Local Government Association, and

the Office of Bushfire Risk Management;

ensuring that revised arrangements have the flexibility and agility to deal with emerging bushfire

risk priorities; and

establishing a budget process that enables a shift in investment towards prevention, mitigation

and building community resilience and capability.

Unlocking funding from the Emergency Services Levy would assist Local Governments mitigation

and preparedness activities. Funding should be provided for this review as part of the 2017-18

Budget.

Funding should also be provided in the 2017-18 Budget to facilitate consultation with affected

stakeholders as part of the Government’s response to the Inquiry. Consultation with the sector will

be critical to evaluate the potential introduction of a Rural Fire Service.

Recommendations

The State Government must commit funding in the 2017-18 Budget to ensure the successful

implementation of reforms identified in the Special Inquiry into the January 2016 Waroona Fire.

The priority should be to provide resources to the Department of the Premier and Cabinet to

conduct an independent review of the current arrangements for the management and

distribution of the Emergency Services Levy.



with the sector will be critical evaluating the potential introduction of a Rural Fire Service.


Page 23

Container Deposit Scheme

Funding request

Establishment of the scheme to be funded by reprioritising funds generated from the Waste Avoidance and Resource Recovery Levy, until it becomes self-funded through industry investment. Actual costs will depend on the type of scheme introduced.


Reduced litter, increased rates of recycling, and a more appropriate distribution of waste management costs.

For many years, the Local Government sector has sought the introduction of a Container Deposit

Scheme as a way to more efficiently manage waste. A Container Deposit Scheme would create a

market for used beverage containers, by offering a “refund” to consumers for eligible containers that

are returned. The Association welcomed the Government announcement that a Scheme will be

introduced by mid-2018.

The scheme would allow the community to redeem their deposits through both Reverse Vending

Machines (RVMs) in key locations and “take back” centres. RVMs provide a convenient solution,

where consumers place their empty containers into the machine and receive a voucher to the value

of the containers they have deposited. Take back centres, allow existing operations to capitalise on

the new scheme by increasing the ‘traffic’ through the centres. These could include both Local

Government and commercial centres, as well as charities and community groups.

There is a range of benefits from Container Deposit Schemes, though a primary advantage is

reduction of waste to landfill. Experience in the United States shows that container deposit schemes

have delivered reductions in container waste in the order of 69% to 83%, while the overall level of

waste has been reduced by 30% to 47%.i

While the reduction in waste has environmental benefits, it can also deliver significant savings for

Government in terms of reducing the costs associated with managing litter. For example, in NSW, a

2015 survey of Local Government, State Government, private land managers and community

groups found that more than $162 million was being spent every year managing litter. These costs

could be significantly reduced as a result of the reduction in waste and litter through the introduction

of a CDS. While data is not available for WA, it is expected that there would be significant costs

associated with litter management in the state.

Container Deposit Schemes can also deliver benefits in the form of a more appropriate distribution

of waste management costs and an increase in community awareness and involvement in waste

management.

The benefits of container deposit schemes have been realised in other states. For

example, Container Deposit Legislation has successfully operated in South Australia since the

late 1970s. As a result, South Australia now has the highest recycling rates for beverage containers

in Australia, at over 80 per cent.ii The Northern Territory also has a scheme in place. Other

states are also moving in this direction, with the New South Wales and Queensland Governments

both committing to introducing a Container Deposit Scheme in recent times.


Page 24

Given the national nature of product distribution, Local Government recognises that a national

Container Deposit System is preferred over a state-based scheme as it enables greater financial

efficiency and economies of scale through consistency in such areas as marketing, labelling and

education campaigns.

However, in the absence of the likely introduction of a national scheme within a reasonable

timeframe, Local Government considers it necessary and reasonable to put in place a state-based

deposit system unilaterally.

WA can use the work undertaken in other jurisdictions - particularly in New South Wales and

Queensland - as a blueprint to introduce a scheme by mid-2018.

The Association considers that the cost of introducing a container deposit scheme will primarily

relate to its establishment, and considers that this should be funded through the Waste Avoidance

and Resource Recovery Levy, which exists to support waste management programs. The Waste

Avoidance and Resource Recovery Act 2007 includes the head of power for the State Government

to introduce a Container Deposit Scheme via regulation.

After its establishment, experience in other jurisdictions suggests that the scheme would be self-

funding as there is a commercial incentive for retailers to participate through the purchase or lease

of RVMs. The placement of RVMs in, or near, shopping centres provides an opportunity for retailers

to increase customer traffic. The public can take back their containers to the shopping centre –

giving people another reason to visit the centre – then the returned funds can be given out in the

form of a voucher for particular shops. In New South Wales, the Association understands that

retailers will be purchasing or leasing RVMs as a key part of the introduction of the scheme, at no

cost to Government. Government financial support will be needed to ensure there is reasonable

access to the Scheme for those in remote areas.

Recommendations


funded by re-prioritising funds generated from the Landfill Levy, until it becomes self-funded

through industry investment.

Country Local Government Fund

Funding request

No additional funding required. $50 million per annum, to be funded from within the Royalties for Regions budget.


An effective vehicle for delivering regional development goals in non-metropolitan Western Australia, while reducing a significant infrastructure backlog that, if not addressed, would represent a large liability for the broader Western Australian community.

The Local Infrastructure Asset Renewal and New Assets component of the Country Local

Government Fund (CLGF) is an important way to support community infrastructure in

non-metropolitan Local Governments.


Page 25

Since its launch in December 2008, the CLGF has been highly valued as an integral component of

the Royalties for Regions program, particularly by communities in country Western Australia. The

CLGF has represented the most significant investment into country Local Government infrastructure

in this current era and has changed the economic landscape of regional Western Australian

communities through the provision of renewed and new infrastructure. The ‘Local Infrastructure

Asset Renewal and New Assets’ initiative within the CLGF has been instrumental in this regard.

Despite significant investment, there is still an infrastructure backlog in regional WA which needs to

be addressed. The Western Australian Regional Development Trust (WARDT) noted in the 2012

review of the CLGF, ‘that WALGA’s previous estimate of Local Government’s infrastructure backlog

at $1.75 billion is ‘potentially very conservative’.

Unfortunately, the decision was made to reduce funding to the CLGF as part of the 2013-14 Budget

and to abolish the Local Infrastructure Asset Renewal and New Assets component. Funding for

projects after this date is now for programs aligned with the Regional Centres Development Plan,

the Regional Development Commissions Regional Blueprints and the whole-of-government State

Planning and Development Framework

The effectiveness of the CLGF for achieving regional development goals was recognised in the

WARDT review of the program, which stated: ‘the CLGF has been and is an innovative and

practical program addressing essential upgrades in the social and economic infrastructure that is

needed, used and appreciated by country WA’. Furthermore, the WARDT review found that the

program’s expenditure has been well targeted: ‘…to a large degree the CLGF had got it right and

“what should be funded” is what is funded now’. The review recommended that the State

Government ‘continue the CLGF at least at the current level of budget allocation.

In this regard, WALGA is seeking the reinstatement of the fund at a level commensurate with its

original intent of addressing the Local Government infrastructure backlog in non-metropolitan

Western Australia. In subsequent years the funding should be reviewed in line with the Local

Government Integrated Planning Framework to ensure its goal of addressing the infrastructure

backlog is achieved.

Recommendation




with its initial intent of addressing the infrastructure backlog in regional Western Australia.


Page 26

Broader reforms

In an environment where economic conditions are difficult and the budget is under pressure, the

State Government should also look at broader reforms which will deliver benefits from reducing

unnecessary regulation and compliance, enhancing efficiencies and generating savings which can

be re-invested into community services and infrastructure.

Whilst there is a range of reforms that will enhance the productivity of the Western Australian

economy, many of which are outlined in the Economic Regulation Authority’s Inquiry into

Microeconomic Reform, the priority reforms for the Local Government sector are outlined below.

These reforms can be funded from the reprioritisation of funds within existing Department budgets,

and will deliver significant benefits to the sector and in turn, the broader community.

Recommendations

The State Government should consider a broader program of reforms that will help improve

efficiency and productivity of the WA economy, and improve the budget position without

affecting service delivery and the sustainability of communities.

Deregulation of Local Government fees and charges

Funding request

No additional funding required. To be financed from reprioritisation of existing funds within the Economic Regulation Authority budget.


Allowing Local Government to set fees would increase efficiency, as fees could be set to ‘cost recovery’ or Councils could subsidise activities that provide a social benefit. Further, deregulation of fees would lead to efficiencies due to inter-Local Government competition as members of the community would be able to compare fees across Local Government.

Local Governments can impose fees and charges on users of specific, often incidental, services.

Examples include dog registration fees, swimming pool entrance fees, and fees for building and

planning approvals.

However, a number of fees and charges are prescribed and restricted by legislation, and are

specifically limited to recouping the cost of service provision. The failure to regularly index or review

these fees and charges denies Local Governments the opportunity to efficiently recover the cost of

service provision, and leads to unfair community outcomes in that all ratepayers subsidise services

that are only used by few.

The Association considers that it is appropriate that Local Governments have the freedom to set the

level of their fees and charges. In the few cases where legislative restrictions are deemed

necessary, they should be justified by a clear and logical rationale. Furthermore, those fees and

charges that are prescribed by legislation should be reviewed and indexed on an annual basis to

ensure they are set at appropriate cost recovery levels.

The deregulation of Local Government fees and charges will also reduce the sector’s reliance on

grants from State Government, which will help ease pressure on the budget position.


Page 27

The Association has previously written to the Treasurer requesting that the Economic Regulation

Authority (ERA) be tasked with conducting a review into Local Government Fees and Charges. The

Association considers that an independent review of these issues and potential solutions is an

important way to identify specific reform opportunities across the fee and charge setting regime.

It is understood that while the Government was initially supportive of this review, it was not deemed

to be a priority at that particular point in time. The topic still remains on the list of potential inquiries

for the ERA’s future work program.

In light of current budget pressures, the Association considers that now is an appropriate time for

this issue to be re-examined, and that the Treasurer should task the ERA with undertaking this

review.

Recommendations

The Treasurer should direct the Economic Regulation Authority (ERA) to conduct an inquiry into

Local Government fees and charges, with the aim to review the issues and potential solutions

and identify specific reform opportunities across the fee and charge setting regime.

Review of the Local Government Act 1995

Funding request

No additional funding required. To be financed from reprioritisation of existing funds within the Department of Local Government and Communities budget.


A comprehensive review of the Local Government Act could reduce unnecessary compliance from the Local Government sector, leading to enhanced efficiencies and savings re-invested into community services and infrastructure.

The Local Government Act 1995 was drafted over 20 years ago and while most aspects of

governance and administration of the sector remain consistent, there have been dramatic changes

in technology since 1995 and some parts of the Act are now outdated. Further, there have been

many amendments to the Act since its inception, some of which have added layers of complexity to

the original legislative intent.

Reviewing the Local Government Act would provide the opportunity for this legislation to be

contextually relevant to 21st Century technology. Further, there would be opportunities for Local

Government compliance costs to be reduced resulting in greater efficiencies, the benefits of which

would be realised by residents and ratepayers.

Recommendations

A comprehensive review of the Local Government Act 1995 is needed to ensure it is appropriate

for the modern economy and to deliver efficiency gains from reduced compliance costs for the

sector.


Page 28

State Infrastructure Plan

Funding request

No additional funding required. To be financed from reprioritisation of existing funds within the Department of Planning budget.

Benefits to the state

A State Infrastructure Plan would prioritise projects in a transparent way, to ensure that funding is directed to those which will deliver the greatest benefits to the economy and community.

While repairing the State Budget is a priority, it is important that the Government does not lose sight

of the need to continue to invest in productivity enhancing infrastructure that will deliver

considerable benefits for the state over the longer term.

Despite record levels of investment by the Governments at all levels, infrastructure constraints

remain a key issue for WA. At a Local Government level, the infrastructure backlog is estimated to

be in the order of $5.4 billion in 2014-15.iii

This backlog highlights the need to improve long term infrastructure planning and coordination.

A State Infrastructure Plan should be developed to identify key strategic infrastructure projects for

the WA. Projects should be prioritised based on a thorough and transparent cost benefit analysis,

and be used to make sure funding is directed to projects which will deliver the greatest benefits to

the WA community. This should not only relate to economic infrastructure, but should also take into

consideration important social infrastructure needs. The plan should also consider infrastructure

projects that fall within Local Government jurisdiction, rather than just those that would typically

receive State or Commonwealth Government funding.

Recommendation





Government jurisdiction, rather than just those that would typically receive State or



Page 29

4. Investing in the State’s Future

It is recognised that the ability to provide funding for new initiatives is limited in the short term by the

state’s financial position.

However, there are a number of priority areas where additional funding is needed to deliver better

outcomes for the community. The Association is seeking additional funding for these initiatives

within the next term of Government.

State Road Funds to Local Government

Funding request

$1.1 billion over four years to June 2022 (an estimated additional $228 million over four years)

Benefits to the state

Timely, efficient maintenance of roads and bridges delivers the most cost effective, safe and sustainable road network for WA. Providing certainty of funding for the sector would allow Local Government to minimise the costs and risks associated with delaying maintenance beyond optimal time.

Local roads are critical infrastructure which deliver substantial economic and social benefits for

Western Australia.

Despite significant funding from all levels of local government being directed towards maintaining

and growing our local road network, the high level of usage and rising maintenance costs in recent

years have meant that funding has not kept pace, and the condition of the asset has deteriorated.

WALGA research shows that the gap between funding available and the cost to maintain the local

network stood at around $116.3 million in 2014-15.

To reverse this trend, continued investment in local roads will be needed from all levels of

Government.

Local Governments alone do not have the financial capacity to appropriately maintain existing

infrastructure and invest in new roads. This is particularly the case for regional areas of the state.

The 2014-15 Report on Local Government Road Asset and Expenditure shows that Local

Governments would have to spend 28% of their estimated revenue capacity to make up the

difference between their road preservation needs and road grants. This proportion was significantly

larger for regional areas, rising as high as 89% in the Wheatbelt. In this regard, funding from the

State Government will be critical to closing this gap.

It is understood that the current methodology for allocating funds is being considered as part of the

next phase of the agreement. WALGA believes that the current hypothecation arrangement under

the State Road Funds to Local Government is appropriate and should be retained. While

hypothecation can introduce inflexibility into Government finances, it can be justified in some

ircumstances. In this case, the hypothecation of motor vehicle registration


Page 30

fees is appropriate given that the source and use of funds are directly related – that is, those who

use the roads pay for their construction and maintenance.

The current four year arrangement also provides considerable benefits to Local Government in

terms of funding certainty, and the ability to plan appropriately.

While the Association considers that the mechanism for local road funding is sound, there is a need

to reconsider the overall level of funding provided under the next State Road Funds to Local

Government Agreement, which is due to come into effect from July 2018. It is critical that funding

provide under the next phase of the agreement is sufficient to keep pace with maintenance and

construction needs, to ensure that the current gap doesn’t increase further.

In recognition of the significant gap which currently exists between available funding and road

maintenance requirements, the Association believes that it is appropriate to return the level of

funding provided to Local Government to 27% of revenue from motor vehicle registration. Such an

approach is consistent with the initial agreement and will go a significant way to address the

backlog in road maintenance. Compared to estimates currently contained in the budget papers,

raising funding to 27% of vehicle registration revenue would provide local governments with an

additional $54 million in funding in 2018-19, and a further $57 million in 2019-20.

While the Association considers that this is an appropriate level of funding, it is acknowledged that

closing the funding gap for local roads will be challenging at a time when the financial position of all

levels of Government is coming under pressure.

According to estimates contained in the 2016-17 Budget, the state is expected to record a net

operating surplus of $1,086 million in 2019-20. In light of this improved financial position, there

should be financial capacity to return the level of funding to 27% in 2019-20 and beyond.

Recommendations



The level of funding provided to Local Government under this agreement should not go

backwards, despite the financial challenges faced by the State Government.


registration revenue, in line with the initial State Road Funds to Local Government Agreement.


Page 31

Public Libraries

Funding request

Minimal investment required initially, estimated at $1.5 million over two years.

Benefits to the State

Restructuring library arrangements to reposition libraries as community hubs will lead to more efficient service delivery, and improve connectedness for disenfranchised members of the community.

Public libraries are an important community service provided in partnership between the State

Government and Local Government. However, the role of public libraries is changing. No longer just

repositories for books, libraries have grown to reflect broader needs of their communities and have

adapted their services accordingly.

As a result, there is a pressing need for change at both state and local levels to deliver more

efficient and flexible public library services that meet diverse community needs.

Considerable work has been undertaken to examine the transformational changes that are needed,

through the Vision 2025 and Framework for Strategic Action for Public Library Services in Western

Australia studies.

The State Government has recognised the value of Public Libraries and the need for

transformational change. The Minister of Culture and the Arts has supported the establishment of

the Public Library Services Working Group (PLWG) to look at a new innovative model for public

libraries in Western Australia. The establishment of the PLWG was a key recommendation from the

WALGA Vision 2025 and Framework for Strategic Action: Public Library Services in Western

Australia.

The purpose of the PLWG is to provide a structure for public library service provision planning

between State and Local Government across the State. It will also build upon the work of the

Department of Culture and the Arts (DCA) and State Library of WA (SLWA) in progressing

legislative change to enable a modern public Library service.

The Association is seeking funding for the continuation of the Public Library Services Working

Group to develop a Public Libraries Strategic Plan. It is estimated that this will require an investment

of $1.5 million over two years, however additional funding will be required beyond this for the

implementation of the priorities identified by the working group. The priority areas for consideration

in this plan are as follows.

Legislative Reform – Despite being amended over time, the Library Board of Western Australia

Act 1951, does not reflect the context of modern libraries. The Association considers that there

are a range of amendments that are needed to the Act and associated regulations to ensure

that it reflects and provides for effective governance and the flexibility to support and improve

the delivery of public library service delivery in WA.


Page 32

New model for regional remote library services including relationship with Community -

Responsibilities for Local Government have expanded significantly over the past six decades.

However the capacity of councils to fulfil many of these new roles has not grown to a similar

degree. The expansion of local government functions and services provided over recent

decades have led to a mismatch between expenditure demands and current levels of service.

Planning for public library services cannot be done in isolation. This has been recognised and

together the State Government and Local Government sector are embarking on a reform

process for public library services. Opportunities to work more closely are being explored, for

example working with community resource centres and regional development commissions.

Single Card access system - To deliver a modern service requires computerization and

networking of all libraries to a shared Library Management System (LMS). The need for such a

system was recognised in 2009 as part of a Public Library Reform Report commissioned by the

Joint Advisory Commitment for Public Library Provision in Western Australia. Equally the

Framework Agreement between State and Local Government for the provision of Public Library

Services in Western Australia identifies the need to develop a more strategic approach to

Information Communications Technology as one of the 10 Strategic outcomes for the State’s

Library service. In common terms, a single state-wide shared LMS would ensure access to over

3 million information resources and a member of the community using one library card could

borrow any items they wished from Kalgoorlie and return them in Esperance or Broome or any

other public library in the State.

Grants systems based on standards - The current public library funding from the State

Government to the State Library of Western Australia is provided for capital works. A grants

based model would be more appropriate to ensure library stocks meet community need. Local

Government need the flexibility to be able to maximise the value of the State funding allocation

to libraries.

Incentive programs for innovative libraries - Competitive grant funding can be used to incentivise

joined up services and innovative options for the use of infrastructure or technology. Similar

approaches have delivered benefits in New South Wales, Victoria and Queensland through the

development of alternate delivery models and innovation that improved the efficiency and

service offer of public libraries.

A new model for support of WA public libraries, including funding - Public Library service

delivery has remained unchanged for over fifty years. A new model for library services

recognising the changing role of Public libraries as a cultural and community hub is needed.

Recommendations

Funding is needed for the continuation of the Public Library Services Working Group,

to develop and implement a Public Libraries Strategic Plan. The Public Libraries

Strategic Plan should align with the Vision 2025 and Framework for Strategic Action for Public

Library Services in Western Australia studies, and ensure that library services are delivered in a

more efficient and flexible manner, and meet the needs of modern communities.


Page 33

Community Sports and Recreation

Funding request

$8 million per annum from 2019 t0 2020.

Benefits to the State

Reinstating the Community Sports and Recreation Facilities Fund is an important preventative health measure. The significant costs imposed on health and welfare systems can be reduced by facilitating and encouraging increased physical activity.

Access to sport and recreation infrastructure is critical to improve the health and wellbeing of

communities. Research has consistently shown that obesity, stress, depression, mental illness, and

associated medical conditions are increasing and forecast to affect up to a third of the population

within the next 20 years. The significant costs imposed on health and welfare systems can be

reduced by facilitating and encouraging increased physical activity.

Local Government is committed to working with the State Government to support active living

through the development of good quality, well designed, facilities.

The sector values the financial assistance provided by the State though the Community Sporting

and Recreation Facilities Fund (CSRFF) as it enables facilities to be developed in a timely manner

to meet community demand. Typically, the State’s investment in the CSRFF is more than matched

by Local Government spending on the applicable projects. On average, each dollar of CSRFF

spending is matched by more than four dollars of investment by Local Governments and others.

There have been cuts to funding for the CSRFF in recent years, which have limited the capacity to

invest in sport and recreation infrastructure. The fund was reduced to $7m per annum in the 2015-

16 State Budget, it was increased to $20m for 2016-17 and 2018-19 before being reduced to $12m

per annum in 2019-2020.

Local Government is seeking restoration of the CSRFF to its previous levels in line with strong

demand from the state’s growing population. There is considerable unmet demand for the CSRFF –

every year the program is oversubscribed by several million dollars in bids for sport and recreation

infrastructure. Returning funding to $20m per annum beyond 2018-19 will ensure funding is

available to meet community needs.

Recommendations



____________________________________________________________________________ 1 US Container Recycling Institute, 2016, Bottle Bills in the USA. Accessed 26 July 2016 from

http://www.bottlebill.org/legislation/usa.htm

2 Environmental Protection Authority South Australia, 2016, Container Deposit Scheme. Accessed from

http://www.epa.sa.gov.au/environmental_info/container_deposit

3 Deloitte Access Economics, 2016, Financial Sustainability of Local Government in Western Australia

http://www.bottlebill.org/legislation/usa.htm

http://www.epa.sa.gov.au/environmental_info/container_deposit

5.2 Regional Subsidiaries: Submission on Development of Regulations (05-034-01-0004 TB) WALGA State Council Meeting December 2016

Page 34

5.2 Regional Subsidiaries: Submission on Development of Regulations (05-034-01-0004 TB)

By Tony Brown, Executive Manager Governance and Organisational Services

Recommendation

That WALGA’s Submission regarding the development of regulations for the establishment

of regional subsidiaries be endorsed.

In Brief

The Local Government Act 1995 has been amended to enable Local Governments to establish

regional subsidiaries to undertake collaborative functions following the development of

regulations;

To facilitate the development of regulations, the Department of Local Government and

Communities distributed a consultation paper for feedback;

Guided by input from the Local Government sector, WALGA developed a representative

submission that was considered by the State Council Governance and Organisational Services

Policy Team and endorsed by the Executive Committee prior to its submission;

The submission argues that a minimal regulatory framework should be imposed, with the

regional subsidiary charter acting as the primary governing document;

This view is supported by the number of checks and balances inherent in the regional subsidiary

model, including Ministerial Approval of the charter and oversight of the subsidiary by its

constituent councils; and

The submission is attached for State Council consideration.

Attachment

1. WALGA Submission – Regional Subsidiaries: Development of Regulations.

2. Draft Model Charter.

Relevance to Strategic Plan

Key Strategies


Deliver a broad range of benefits and services that enhance the capacity of member Local

Governments;

Improve communication and build relationships at all levels of member Local Governments;

Provide ongoing professional development and interactive opportunities for Elected

Members to contribute to debate on sector issues; and

Build a strong sense of WALGA ownership and alignment.

Sustainable Local Government

Continue to build capacity to deliver sustainable Local Government;

Provide support to all members, according to need;

Represent the diversity of members’ aspirations in the further development of Local

Government in Western Australia; and

Foster economic and regional development in Local Government.



Enhanced Reputation and Relationships

Communicate and market the profile and reputation of Local Government and WALGA;

Promote WALGA’s advocacy successes with the sector and the wider community;

Strengthen effective relationships with external peak bodies and key decision makers in

State and Federal Government; and

Develop simple and consistent messages that are effectively articulated.

Policy Implications

The attached submission developed in relation to the development of regulations for regional

subsidiaries is in accordance with WALGA’s Policy Position that the Local Government Act 1995

should be amended to enable two or more Local Governments to establish a regional subsidiary to

provide shared services to and on behalf of their communities. Further, the attached submission is

consistent with WALGA’s 2011 Submission to the Legislation Committee in relation to the Local

Government Amendment (Regional Subsidiaries) Bill 2010.


Nil.

Background

With the passage of the Local Government Legislation Amendment Bill 2014 through Parliament,

Local Governments will be able to establish regional subsidiaries to provide shared services once

regulations guiding the regional subsidiary model have been developed. Legislative change to

enable Local Governments to establish regional subsidiaries to undertake shared services has been

a longstanding policy goal of WALGA.

Regional subsidiaries, which are governed by a charter, fill a gap for collaborative functions

between formal Regional Councils and voluntary regional organisations of councils. The regional

subsidiary model has been utilised successfully in South Australia for many years for a range of

shared service functions including environmental health services, management of parks and

gardens and floodplain management.

The regional subsidiary model has a number of advantages relative to other shared service models.

Primarily, regional subsidiaries provide flexibility for their constituent Local Governments because a

regional subsidiary is governed by a charter and not the Local Government Act. In this way, the

charter can be developed to fit the purpose of the regional subsidiary and the needs of its

constituent Councils.

While the Local Government Act 1995 has been amended to enable regional subsidiaries to be

established, the accompanying regulations have not yet been developed. To facilitate the

development of regulations, the Department of Local Government and Communities undertook a

consultation process with the sector and sought responses to a consultation paper circulated in

September 2016.

WALGA distributed an InfoPage to all Local Governments seeking feedback on the consultation

paper to develop a Local Government sector submission. Due to the Department’s timeframe,

WALGA’s interim submission was endorsed by the Executive Committee prior to submission to the

Department of Local Government and Communities.



Comment

WALGA welcomed the amendments to the Local Government Act 1995 that will enable two or more

Local Governments to establish a regional subsidiary to undertake collaborative services or

functions. Amending the Local Government Act in this way has been a longstanding policy position

of WALGA.

The primary advantage of the regional subsidiary model is its flexibility to be developed to suit the

purpose of the subsidiary and the needs of its constituent Councils. This advantage stems from a

charter being the primary governing document.

WALGA, guided by feedback from the Local Government sector, developed a sector submission in

relation to the development of regulations for regional subsidiaries. Due to time constraints the

submission was considered by the Executive Committee on Wednesday 5 October and input was

received from the State Council Governance and Organisational Services Policy Team.

WALGA’s submission argues that the burden of accountability oversight should be primarily

contained in the regional subsidiary’s charter and not in regulations. The charter is well-placed to

address important accountability matters such as procurement, financial and reporting requirements

and other important matters. This approach would ensure that the regional subsidiary model’s

benefits – flexibility and the ability to establish a subsidiary that is fit-for-purpose – are realised.

In support of the view that the charter should be the primary governing instrument, WALGA’s

submission contends that there are sufficient compliance obligations inherent in the model

including:

1. The obligation of the constituent Councils to undertake their due diligence and be satisfied

that entering into a regional subsidiary is in the best interests of their organisation and

community;

2. Ministerial Approval of the proposed charter, which provides a significant opportunity for

oversight by the regulatory body;

3. Establishment of a Board of Management that can include independent skills-based

directors depending on the collaborative function of the subsidiary;

4. Reporting requirements to the board of management which will consist of members from the

constituent Councils; and,

5. Reporting requirements to the constituent Councils.

Successful implementation of the regional subsidiary model relies on an appropriate regulatory

framework being established. If the regulatory framework imposes an excessive compliance

burden, the benefits of the regional subsidiary model may no longer outweigh the costs.

WALGA is strongly of the view that implementation of the model should be supported by guidelines

and further policy development. Training and support should be provided to Local Governments

seeking to establish a regional subsidiary as required. WALGA has developed a draft model

charter, which will be provided to Local Governments seeking to establish a subsidiary and is

included as an attachment to this agenda item.



In summary, WALGA’s submission:

1. Outlines WALGA’s policy position;

2. Discusses the benefits of the regional subsidiary model;

3. Considers applications of the regional subsidiary model;

4. Outlines the regulatory principles discussed above;

5. Addresses the topics contained in the Department of Local Government and Communities’

consultation paper; and,

6. Offers concluding remarks including implementation of the regional subsidiary model.

The submission is included as an attachment to this agenda item for State Council consideration

along with a draft model charter for information.



Regional Subsidiaries: Development of

Regulations

Submission

7 October 2016



About WALGA The WA Local Government Association (WALGA) is working for Local Government in Western

Australia. As the peak industry body, WALGA advocates on behalf of 138 Western Australian Local

Governments. As the united voice of Local Government in Western Australia, WALGA is an

independent, membership-based organization representing and supporting the work and interests

of Local Governments in Western Australia. WALGA provides an essential voice for 1,220 Elected

Members, approximately 14,500 Local Government employees as well as over 2.5 million

constituents of Local Governments in Western Australia.


LV1, 170 Railway Parade, West Leederville WA 6007

PO Box 1544 West Perth WA 6872

Tel: +61-8-9213 2000

Fax: +61-8-9322 2611

[email protected]

1. Contact

Tony Brown

Executive Manager, Governance & Organisational Services

(08) 9213 2051

[email protected]

mailto:[email protected]






Background WALGA congratulates the Government for amending the Local Government Act 1995 to enable

Local Governments to establish regional subsidiaries. As a longstanding advocate for the regional

subsidiary model to be available in Western Australia, WALGA welcomes the opportunity to put

forward a submission in relation to the development of Regulations relating to regional subsidiaries.

WALGA has advocated for Local Governments to be empowered to establish regional subsidiaries

for many years. WALGA put forward a comprehensive submission to the Legislation Committee of

the Legislative Council in 2011 when the Committee conducted an Inquiry into the Local

Government Amendment (Regional Subsidiaries) Bill 2010.

The submission is available at:

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/WALGA-Advocacy-Position-

Statements/Regional-Subsidiaries-Section-2-3-2-Attachment.pdf.aspx.

Since the 2011 Inquiry, WALGA has developed a model charter, which is provided as an

attachment to this submission and will be available for Local Governments seeking to establish a

regional subsidiary and WALGA is committed to assisting and advising any group of Local

Governments seeking to establish a subsidiary.

WALGA’s Policy Position

WALGA’s longstanding policy position is that Local Governments, under the principle of general

competence, should be empowered to select the appropriate regional collaborative model to suit the

task at hand.

There are three key points to WALGA’s policy position:

1. The compliance obligations of Regional Local Governments should be reviewed to ensure

that the compliance burden does not reduce the potential cost savings that aggregated

service delivery may achieve through increased efficiency nor act as a disincentive for Local

Governments to establish Regional Local Governments.

2. The Local Government Act 1995 should be amended to enable Local Governments to

establish Regional Subsidiaries, which are governed by a charter.

3. The Local Government Act 1995 should be amended to enable Local Governments to

establish Council Controlled Organisations, which would enable one or more Local

Governments to establish a wholly Local Government owned commercial organisation for

the purpose of undertaking a commercial activity with appropriate oversight.

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/WALGA-Advocacy-Position-Statements/Regional-Subsidiaries-Section-2-3-2-Attachment.pdf.aspx?lang=en-AU

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/WALGA-Advocacy-Position-Statements/Regional-Subsidiaries-Section-2-3-2-Attachment.pdf.aspx?lang=en-AU



Benefits of the Regional Subsidiary Model

There are a number of advantages and benefits to the regional subsidiary model including:

Opportunities to realise economies of scale;

Flexibility, as the charter can be tailored to the specific needs of the collaborative task;

In this way the model is fit-for-purpose;

Regulated by a charter, the model provides for reduced compliance obligations, while

maintaining appropriate accountability;

Independent directors are able to be appointed to the governing board;

The model provides specific and measurable accountability; and,

Provides a robust risk mitigation measure for Local Governments undertaking joint regional

projects.

Flexibility and Fit-for-Purpose

As the regional subsidiary’s charter is its primary regulatory instrument, regional subsidiaries are

able to be established to meet a specific collaborative purpose. Provided regional subsidiaries are

not over-regulated, flexibility is inherent in the model as the charter can be developed to meet the

needs of the constituent Councils.

In this way, the charter of a regional subsidiary is able to be developed to suit a specific

collaborative purpose. For example, the charter – and therefore the regulatory and compliance

burden – for a subsidiary established to undertake regional economic development on behalf of a

number of small, rural shires may be different in scope to the charter developed for a regional

subsidiary that manages significant public assets such as waste management facilities.

It is evident from the South Australian experience that the regional subsidiary model is scalable.

Regional subsidiaries exist for basic collaborative tasks as well as for more complex tasks with

significant public assets under management.

It is important that the charter retains its primacy as the principle regulatory document to ensure

flexibility and the ability for regional subsidiaries to be fit-for-purpose are maintained.

Compliance Balance

The regional subsidiary model provides an appropriate balance between compliance and

accountability, while maintaining flexibility for its constituent Local Governments.



Through the development of a comprehensive charter – that is ultimately subject to Ministerial

approval – the regional subsidiary model provides sufficient compliance and accountability

obligations without the need for expansive regulations.

The regional subsidiary model contains numerous checks and balances without the need for

onerous regulatory compliance obligations. Firstly, under the principle of general competence, each

constituent Council must be satisfied that entering into a regional subsidiary arrangement will be

beneficial for their own organisation and their own community. Secondly, as the charter is subject to

Ministerial approval, opportunities exist for the regulatory body – the Department of Local

Government and Communities – to review the charter and ensure that the charter is sound. Thirdly,

given the regional subsidiary’s reporting requirements to its board of management and to its

constituent Councils, there are sufficient opportunities to ensure the regional subsidiary is being

managed properly. For these reasons, it is viewed as inappropriate for onerous regulations to be

developed that would reduce the advantages and benefits of the model discussed in this

submission.

It is WALGA’s strong view that the charter should be the mechanism responsible for the bulk of the

compliance requirements, supplemented by the Regulations. The Regulations should be developed

to dictate the issues that the charter must address, but should not be overly prescriptive to ensure

flexibility for Local Governments to establish regional subsidiaries appropriate to the collaborative

task.

Governance Arrangements, Accountability and Risk Mitigation

A key advantage of the regional subsidiary model is the ability for independent directors to be

appointed to the board of management. While the board will comprise of a majority of Elected

Members from constituent Councils, independent, skills-based directors can bring specific, external

expertise to the subsidiary and this provision can be utilised by the constituent Local Governments

to mitigate risk.

The governance arrangements of the model inherently enhance the accountability of regional

subsidiaries relative to other models. Direct oversight of a particular function or project by a board of

directors enhances accountability relative to the traditional Local Government approach of reporting

up the organisational hierarchy through the Chief Executive Officer to a Council with a multitude of

competing priorities.

For instance, the current situation where a ‘host’ Local Government must take on the role of ‘bank’

for regional projects undertaken by a Voluntary Regional Organisation of Councils (VROC) is sub-

optimal. A regional subsidiary would be a more appropriate vehicle to manage regional projects with

the regional subsidiary’s ability to open bank accounts in its own name with direct and thorough

oversight by the subsidiary’s board. In this way, regional subsidiaries provide a significant risk

mitigation tool for Local Governments seeking to undertake joint regional projects. Again, it is crucial

that regional subsidiaries are not over-regulated to disincentivise Local Governments from

establishing subsidiaries in these or similar circumstances.



Applications of the Regional Subsidiary Model Inherently flexible, scalable, and adaptable, the regional subsidiary model lends itself to a range of

collaborative functions with the charter suitably drafted to balance risk with appropriate compliance

obligations.

Applications of a regional subsidiary could include:

Road construction and maintenance;

Economic development including business incubation and tourism;

Asset management;

Building, planning, environmental health or ranger services;

Accounts, records, information technology and other back office functions;

Child care;

Aged care;

Waste management services;

Coordination of volunteer emergency services;

Management of civic facilities including libraries and recreation centres; and,

Management of regional projects.

The regional subsidiary model is applicable to a range of activities and functions from relatively

simple, with minimal risk exposure – such as regional tourism initiatives – to more complex

functions with significant public assets under management.



Regulatory Principles

To ensure realisation of the benefits of the regional subsidiary model – particularly flexibility, and the

ability to establish regional subsidiaries that are fit-for-purpose – it is important that the model is not

over-regulated. The regional subsidiary’s charter – that is developed in the context of the

constituent Councils’ needs for the specific collaborative task – should be the principal regulatory

document.

The regional subsidiary model contains sufficient compliance obligations and checks and balances,

including:

1. Obligations of the constituent Councils to be satisfied, in accordance with the principle

of ‘general competence’, that entering into a regional subsidiary arrangement is in the best

interest of their organisation and their community;

2. Ministerial Approval of the proposed charter, which provides a significant opportunity for

oversight by the regulatory body;

3. Establishment of Board of Management that can include independent skills-based

directors depending on the collaborative function of the regional subsidiary;

4. Reporting requirements to the board of management which will contain members from

the constituent Councils; and,

5. Reporting requirements to the constituent Councils.

Conceptually, the regional subsidiary model is similar to the incorporated associations model.

Incorporated associations are primarily governed by a constitution that establishes the objects of

the association, eligibility for membership, governance structure and other important matters.

Similarly, it is WALGA’s view that the charter of a regional subsidiary is the optimal document to

contain matters relating to the subsidiary’s purpose, governance arrangements, staffing issues,

funding arrangements and other important matters.

To support the establishment of regional subsidiaries, a best practice charter should be developed,

which can be amended to suit the requirements of the constituent Councils and specific

collaborative task. Further, guidelines and policy should underpin the contents of the charter with

support provided by WALGA and the Department of Local Government and Communities as

required.

It is WALGA’s strong view, therefore, that the Regulations should be limited to two matters. Firstly,

the regulations should outline what must be addressed in the charter of a regional subsidiary.

Secondly, the regulations should outline which sections of the Local Government Act 1995 will

apply to a regional subsidiary such as provisions relating to scrutiny of Local Government and

protection from liability. It is WALGA’s view that application of the Local Government Act 1995

should be kept as minimal as possible.



Consultation Paper WALGA welcomes the opportunity to provide comment on the Consultation Paper: Proposal for

Regional Subsidiaries Legislation.

WALGA acknowledges “The intention of the Liberal-National Government is to create an option that

takes advantage of the structure of a Statutory Regional Local Government, while avoiding the level

of regulation that applies to such entities.”

1. Community Consultation

It is WALGA’s view that requirements specifying the nature and level of community consultation for

a regional subsidiary to be established should not be enshrined in regulation, given the nature and

function of regional subsidiaries can vary in complexity and scope.

While some regional subsidiaries may be akin in complexity and scope to a major trading

undertaking, many would be much simpler and community consultation in the manner proposed

would be unnecessary.

For example, community consultation in the manner proposed in the consultation paper for a

number of small, rural Local Governments to undertake collaborative tourism promotion would

seem to be unnecessary and superfluous.

Further, enshrining community consultation requirements in regulations would not provide flexibility

for a case-by-case approach. For instance, many existing VROCs undertake collaborative functions

that may be more appropriately undertaken by a regional subsidiary. The suggestion that all

members of the VROC should undertake a significant community consultation process to improve

the governance structure of an existing function again seems to be superfluous.

Community consultation is core Local Government business. The community consultation

processes that Local Governments undertake in relation to the Integrated Planning and Reporting

(IPR) Framework would be sufficient, in many cases, to address the community consultation

obligations associated with establishing a regional subsidiary. While the governance arrangements

associated with the subsidiary may be new, the activity that the subsidiary undertakes on behalf of

its constituent Local Governments would be an existing activity of the Local Governments that the

community would have the opportunity to consider or provide comments about through the IPR

process.

Given the charter will ultimately be subject to Ministerial approval, a superior approach would be for

the nature and level of community consultation to be outlined in Departmental policy or guidelines

with exemptions provided for low-level or existing collaborative functions.



2. Approval of Charter It is WALGA’s view that documentary evidence of due diligence prior to Ministerial approval of a

regional subsidiary should be guided by guidelines or policy, and not enshrined in regulations.

It may be appropriate for regulations to state that endorsement of the draft charter, by absolute

majority, is required from each of the constituent Councils.

3. Amendment of Charter

It is WALGA’s view that the requirements for a charter to be amended should be detailed in the

charter upon its establishment. Whether the amendment is proposed by a member Council or the

subsidiary’s board is irrelevant provided the thresholds to amend the charter, as detailed in the

charter, are met.

It is not appropriate for an amendment to a charter to trigger an automatic need for significant

community consultation, as proposed in part 1 of the consultation paper, as some amendments may

be minor or inconsequential in nature. Only amendments to the high level purpose or the

membership (i.e. if a Council is seeking to join or withdraw from the subsidiary) should be subject to

community consultation, if community consultation is relevant.

In response to Question 3 of the consultation paper on this topic, it would be appropriate for the

Minister to approve an amendment made in accordance with the charter if some of the constituent

Councils object to the proposal, because the amendment would be made in accordance with the

charter. The thresholds for amendments to be made to the charter would be outlined in the charter

and agreed to prior to establishment of the regional subsidiary.

4. Employees of a Regional Subsidiary

Under the principle of general competence, Option 1 as outlined in the consultation paper is

preferred: “Employees of a regional subsidiary count as Local Government employees if specified in

the charter”.

This option provides maximum flexibility for the subsidiary, which should also be able to specify

conditions on an employee-by-employee basis.

5. Conflicts of Interest

In the interests of transparency and good governance, conflicts of interest should be reported and

recorded.

Conflicts of interest should be reported at the level of the subsidiary’s governing board only, given

the constituent Councils would have access to information about conflicts of interest from the

regional subsidiary.



6. Minister Can Investigate a Regional Subsidiary The proposal for Part 8 – Scrutiny of Local Governments – of the Local Government Act 1995 to

apply to regional subsidiaries is supported.

7. Minister Can Wind Up a Regional Subsidiary

The proposal for section 3.63(1)(a) of the Local Government Act 1995 to apply to regional

subsidiaries is supported.

A regional subsidiary’s charter should address the process by which the regional subsidiary will be

wound up.

8. Direction of Constituent Councils

This matter should be addressed in the regional subsidiary’s charter and not enshrined in

regulations. The model charter that WALGA has developed includes provisions relating to directions

from constituent Councils which can be included, amended or deleted as appropriate for the

subsidiary’s circumstances.

9. Annual Budgets and Financial Statements

Financial reporting requirements should be addressed in the subsidiary’s charter to suit the

circumstances of the particular regional subsidiary.

In general, it would seem appropriate for the subsidiary to report to its constituent Councils rather

than just its board, but this matter should be determined in the charter to suit the needs of the

constituent Councils and the function of the regional subsidiary.

10. Provision of Information to Constituent Councils

Provision of information to constituent Councils should be addressed in the charter. In principle,

WALGA supports the application of sections 5.92 and 5.93 of the Local Government Act 1995 to

regional subsidiaries.

11. Guarantee of Liabilities by Constituent Councils

The consultation paper states that “it is not intended for regional subsidiaries to take out loans in

their own right.”

WALGA fundamentally rejects this statement, as a regional subsidiary acquiring debt in its own right

might absolutely be appropriate depending on the circumstances. For instance, debt is an

appropriate funding mechanism for public assets with a long life to enable the cost of the asset to

be apportioned to its users over time. The alternative to the subsidiary acquiring debt would be to

draw funds from its constituent Councils which may be inappropriate depending on the role and

function of the subsidiary. WALGA notes that regional subsidiaries in South Australia are able to

borrow money.



It would be appropriate for Local Governments to be guarantors of the subsidiary’s liabilities; this

matter should be addressed in the subsidiary’s charter.

12. Insolvency

The regional subsidiary’s charter should address the extent to which the constituent councils are

liable in the event of insolvency.

Further, it may be appropriate for the subsidiary to operate at loss for certain periods, particularly

during the first few years, depending on the nature of the subsidiary’s functions and activities.

13. Protection from Liability

WALGA supports the application of section 9.56 of the Local Government Act 1995 to board

members, employees and agents of a regional subsidiary. Any erosion of these protections would

impact the risk profile of regional subsidiaries and would be incongruous to the rest of the sector.

14. Limits on Investment and Corporate Acquisition

The charter should be the regional subsidiary’s primary governance document and the charter

should therefore stipulate the limits on investment on behalf of the constituent Councils.

The model charter that WALGA has developed incorporates requirements consistent with the Local

Government (Financial Management) Regulations 1996.

15. Tender Requirements

As the charter, which is subject to Ministerial approval, is the subsidiary’s primary governance

document, the charter should contain provisions relating to the procurement requirements of the

subsidiary. The model charter that WALGA has prepared contains provisions that subsidiaries be

required to adopt a procurement policy and go to public tender to procure good and services worth

more than $150,000.

16. Charter to Address Certain Matters

A regional subsidiary’s charter should address the following matters:

The purpose of the subsidiary;

Membership;

Constitution of the board of management;

Method of appointment of board members and details regarding terms of office;

Staffing issues;

Funding arrangements;

Financial management and reporting arrangements including limits on investment;



Procurement requirements;

Reporting obligations;

Dispute resolution procedures;

Addition and withdrawal of members;

The extent to which constituent Local Governments are liable in the event of insolvency;

The manner in which property of the subsidiary will be distributed in the event of winding up;

and,

Any other matter as determined by the constituent Local Governments.



Conclusion

It is WALGA’s strong view that realisation of the regional subsidiary model’s benefits – particularly

flexibility and the ability to establish a subsidiary that is fit-for-purpose – is contingent on the charter

being the primary governing document.

There are sufficient accountability measures inherent in the regional subsidiary model – including

the requirement for Ministerial approval – without the need for excessive regulation.

Implementation

Successful implementation of the regional subsidiary model relies on an appropriate regulatory

framework being established. If the regulatory framework imposes an excessive compliance

burden, the benefits of the regional subsidiary model may no longer outweigh the costs.

WALGA is strongly of the view that implementation of the model should be supported by guidelines

and further policy development. Training and further support should be provided to Local

Governments seeking to establish a regional subsidiary as required. WALGA has developed a draft

model charter, which will be provided to Local Governments seeking to establish a subsidiary and is

provided as an attachment to this submission.

WALGA again congratulates the Government for amending the Local Government Act 1995 to

enable Local Governments to establish regional subsidiaries. WALGA looks forward to contributing

to further policy development and providing ongoing support to Local Governments seeking to

establish a regional subsidiary.



Draft

Regional

Subsidiary

Charter



Contents Introduction 1.1 Name 3 1.2 Interpretations and Definitions 3 1.3 Establishment 4 1.4 Local Government Act 1995 4 1.5 Purpose for which the subsidiary is established 4 1.6 Powers and Functions 5 1.7 Property 7 1.8 Borrowing Money 7 1.9 Delegation by Subsidiary 7 1.10 National Competition Policy 7

Structure 8 Board of Management 8 3.1 Membership of the Board 8 3.2 Membership – Subject Matter Expert 10 3.3 Functions of the Board 10 3.4 Propriety of Members of the Board 11 3.5 Chairperson of the Board 11 3.6 Powers of the Chairperson and Deputy Chairperson 11 3.7 Meetings of the Board 12 3.8 Annual General Meeting 16 3.9 Fees, Allowances and Reimbursements 16

Executive Officer 16 Management 18 5.1 Financial Management 18 5.2 Levies 18 5.3 Audit 19

Business Plans 20 5.4 Annual Program and Budget 20 5.5 Strategic Management Plan 20 5.6 Reporting 21 5.7 Provision of Goods and Services 21

Miscellaneous 21 6.1 New Members 21 6.2 Subscription 22 6.3 Standing Orders 22 6.4 Disqualification 22 6.5 Withdrawal 22 6.6 Insurance and Superannuation Requirements 23 6.7 Winding Up 23 6.8 Direction by Constituent Councils 23 6.9 Alteration and Review of Charter 24 6.10 Disputes between Constituent Councils 24 6.11 Committees 25 6.12 Common Seal 25 6.13 Circumstances Not Provided For 26



1. INTRODUCTION

1.1 Name

The name of the subsidiary is the [Name of Subsidiary]

1.2 Interpretation and Definitions

“Absolute majority” of the Constituent Councils means a majority of the whole number of the Constituent Councils; “Act” means the Local Government Act 1995 and all relevant regulations made there under; “Authorised institution” means –

(a) an authorised deposit-taking institution as defined in the Banking Act 1959 (Commonwealth) section 5; or

(b) the Western Australian Treasury Corporation established by the Western Australian Treasury Corporation Act 1986;

“Board” means the Board of Management of the Subsidiary established under Clause 3; “Board Member” means a person who has been appointed to the Board by a constituent Council in accordance with Clause 3.1; “Constituent Council” means those Councils named in Clause 1.3; “Elected Member” means an elector Mayor or President, or Councillor of a Council who has been elected pursuant to the Local Government Act 1995; “Financial Year” means a year beginning on 1 July in each year and ending on 30 June of the following year; “Foreign Currency” means a currency except the currency of Australia; “Levy” means a charge imposed by the Subsidiary on the Constituent Councils in accordance with Clause 5.2; “Meeting” includes an ordinary and a special meeting of the Board; “Minister” means the Minister of the Crown to whom the administration of the Act is for the time being committed by the Governor and includes a Minister of the Crown for the time being acting for or on behalf of the Minister; “regional subsidiary” has a meaning given to it in Section 1.4 of the Local Government Act 1995.



“Subscription” means those monies the Constituent Councils are liable to contribute to the Subsidiary in accordance with Clause 6.2; the term “person” shall include a corporate body; “Subsidiary” means the [Name of Subsidiary] the term “singular” includes the plural and vice versa; a reference to the masculine includes the feminine and vice versa; the headings to the Charter are for convenience only and do not form part of the charter; references to clauses are to clauses of the Charter.

1.3 Establishment

The Subsidiary is a regional subsidiary established pursuant to Section 3.69 of the Act by the – 1.3.1 [Name of Local Government];

1.3.2 [Name of Local Government];

1.3.3 [Name of Local Government].

Note: A subsidiary can only consist of 2 or more Local Governments

1.4 Local Government Act 1995

This Charter must be read in conjunction with Section _ of the Act. The Subsidiary shall conduct its affairs in accordance with Section _ of the Act except as modified by this Charter as permitted by Section _

Note: The wording of this Clause is yet to be confirmed

1.5 Purpose for which the subsidiary is established

Note: Below are broad examples of the purpose for which a regional subsidiary

could be established. Examples can be modified to suit individual circumstances and could have a more specific purpose such as: - To facilitate and co-ordinate waste management including collection,

treatment, disposal and recycling within the region; or - To facilitate and coordinate the construction of well-aged housing within the

region.



The Subsidiary is established to –

1.5.1 assess the possibilities and methodology of facilitating, and to identify funding and revenue opportunities for, a range of services and projects on a regional basis;

1.5.2 undertake co-ordinating, advocacy and representational roles on behalf of its Constituent Councils at a regional level;

1.5.3 facilitate and coordinate activities of local government at a regional level

related to social, environmental and community development with the object of achieving improvement for the benefit of the communities of its Constituent Councils;

1.5.4 develop, encourage, promote, foster and maintain consultation and

cooperation and to strengthen the representation and status of local government when dealing with other governments, private enterprise and the community;

1.5.5 undertake projects and activities that benefit its region and its

communities;

1.5.6 implement programs that seek to deliver local government services on a regional basis

1.6 Powers, Functions and Duties The powers, functions and duties of the Subsidiary are to be exercised in the performance and furtherance of the Subsidiary’s purposes. The Subsidiary shall have those powers, functions and duties assigned to it under this Charter by the Constituent Councils from time to time that include but are not limited to –

1.6.1 becoming a member of or co-operating with any other association or organisation whether or outside the area of the Constituent Councils which are similar objects and purposes to the Subsidiary;

Note: Examples could include WALGA, Tourism Associations etc

1.6.2 entering into contracts or arrangements with any Government agency or

authority which are incidental or conducive to the attainment of the objects and exercise of the powers of the Subsidiary ;

1.6.3 appointing, employing, remunerating, removing or suspending officers,

managers, employees and agents of the Subsidiary

1.6.4 entering into contracts for the acquisition of goods and services;



1.6.5 raising revenue through subscriptions and fees from Constituent Councils by arrangements with sponsor organisations, by arrangement or contract with any other organisation or person and by any other means not inconsistent with the purposes of the Subsidiary ;

1.6.6 printing and publishing any newspapers, periodicals, books, leaflets, or

other like writing;

1.6.7 establishing such committees as it deems necessary and to define the terms of reference of such committees which may include to steer projects or to pursue geographic or functional interests of the Subsidiary, the Constituent Councils or specific groups of the Constituent Councils;

1.6.8 subject to Clause 1.9 and the Act delegating any of the Subsidiary

powers and functions to persons or committees and changing or revoking such delegations;

1.6.9 appointing any elected member, officer or employee of a Constituent

Council or any other person to be a member of any duly appointed committee;

1.6.10 subject to Clause 1.7 acquiring, holding, dealing with and disposing of

any real or personal property;

1.6.11 opening and operating bank accounts;

1.6.12 establishing reserve accounts for future purposes;

1.6.13 investing any of the funds of the Subsidiary in accordance with the following –

a) may deposit with an institution except an authorised institution;

b) may deposit for up to a fixed term of no more than 3 years;

c) may invest in bonds that are not government guaranteed by the

Commonwealth Government, or a State or Territory government;

d) may invest in bonds with a term to maturity of more than 3 years;

e) must not invest in a foreign currency.



1.6.14 subject to Clause 1.8, borrowing money;

1.6.15 giving security for the discharge of the liabilities of the Subsidiary;

1.6.16 doing all other things that are necessary or incidental or conducive to the attainment of the objects and purposes, the furtherance of the interests and the exercise, performance or discharge of the powers of the Subsidiary;

1.7 Property

1.7.1 All property held by the Subsidiary is held by it on behalf of the

Constituent Councils;

1.7.2 No person may sell, encumber or otherwise deal with any property of the Subsidiary without the approval of the Board by way of resolution at a Board meeting.

1.8 Borrowing Money

The Subsidiary has the power to borrow money conferred by Clause 1.6.15

1.8.1 If the Subsidiary intends to borrow money then the Subsidiary must make a proposal in writing to all Constituent Councils outlining the amount of money proposed to be borrowed, the terms and conditions of the loan and the purpose to which the money will be put.

1.8.2 The Constituent Councils will vote on the proposal.

1.8.3 To authorise the borrowing of money by the Subsidiary, there must be an

absolute majority of the Constituent Councils in favour of the borrowing.

1.8.4 Approved borrowing is to be in accordance with Part 6, Division 5, Subdivision 3 of the Act.

1.9 Delegation by Subsidiary

The Subsidiary may by resolution of the Board of Management delegate any of its powers, functions and duties under this Charter to the Executive Officer but may not delegate:

1.9.1 the power to impose charges including the power to impose a fee as set

out in Clause 5.2 or subscriptions set out in Clause 6.2;

1.9.2 the power to borrow money or obtain any other form of financial accommodation;

1.9.3 the power to approve expenditure of money on the works, services or

operations of the Subsidiary not set out or included in a budget approved by the Subsidiary or where required by this Charter approved by the Constituent Councils;



1.10 National Competition Policy

The Subsidiary must undertake any commercial activities, which constitute a significant business activity of the Subsidiary, in accordance with the principles of competitive neutrality.

2. STRUCTURE

2.1 The Subsidiary is a body corporate with perpetual succession and a common seal

and is governed by its Charter.

3. BOARD OF MANAGEMENT

The Board is responsible for managing all activities of the Subsidiary and ensuring that the Subsidiary acts in accordance with this Charter.

3.1 Membership of the Board

3.1.1 Each Constituent Council is entitled to appoint << number >> elected

member(s) to be a Board Member and may at any time revoke such appointment and appoint another elected member on behalf of that Constituent Council;

3.1.2 Subject to Clause 3.1.6 a Board Member shall be appointed for a term

specified in their instrument of appointment not exceeding the term that the Board Member continues as an elected member of the Constituent Council or until the conclusion of the next periodic Local Government Election following their appointment, whichever term is lesser, at which time they will be eligible for re-appointment by the Constituent Council;

3.1.3 Each Constituent Council may appoint << number >> elected member(s)

of the Constituent Council to be Deputy/ies, who may act in place of that Constituent Council’s Board Member if the Board Member will be unable to be present at a meeting of the Board. The Constituent Council may revoke the appointment of a Deputy and appoint another elected member as Deputy at any time;

3.1.4 In the absence of a Board Member, a Deputy Board Member has all the

rights and responsibilities of the Board Member;

3.1.5 Each Constituent Council must give notice in writing to the Subsidiary of the elected members it has appointed as a Board Member and Deputy Board Members and of any revocation of any of those appointments;

3.1.6 In the event that a Board Member or Deputy Board Member appointed

pursuant to this Clause is unable to attend a meeting, any other elected member of the Constituent Council present at the meeting may, upon application, be accepted by the meeting as the proxy for the absent



Board Member or Deputy Board Member for the purposes of that meeting;

3.1.7 A Subsidiary is to permit any elected member or employee of a Constituent Council to attend meetings of the Board in the capacity of an observer ;

3.1.8 The provisions regarding terminating the appointment of a Elected

Member as prescribed in the Act apply to all Board Members. In addition to those provisions, the appointment of a Board Member shall terminate –

a) upon the Council who appointed him/her ceasing to be a Constituent

Council; or b) if the Board member ceases to be an elected member of the

Constituent Council which appointed him/her;

c) upon the happening of any other event through which the Board Member would become ineligible to remain as a Board Member;

d) upon their term expiring in accordance with Clause 3.1.2

3.1.9 The Board may by an absolute majority vote of the Board Members

present (excluding the Board Member subject to this Clause 3.1.10) make a recommendation to the relevant Constituent Council requesting that the Constituent Council terminate the appointment of a Board Member in the event of – a) any behaviour of the Board Member which in the opinion of the Board

amounts to impropriety;

b) serious neglect of duty in attending to the responsibilities of a Board Member;

c) breach of fiduciary duty to the Subsidiary or the Constituent Council;

d) breach of the duty of confidentiality to the Subsidiary or the Constituent

Council;

e) breach of the conflict of interest provisions of the Act; or

f) any other behaviour that may, in the opinion of the Board, discredit the Subsidiary or the Constituent Council.



3.2 Membership – Subject Matter Expert

3.2.1 The Board may consist of or include up to two (2) persons (‘subject matter expert’) not being elected members or employees appointed to the Board, by mutual consent of the Constituent Councils. In this context, ‘subject matter expert’ means a person is to have the abilities and attributes to provide expertise, skills and experience relevant to the purpose of the Subsidiary. The Board is to determine the selection and appointment process for subject matter expert positions.

3.3 Functions of the Board

3.3.1 The formulation of strategic plans, financial plans and strategies aimed at improving the activities of the Subsidiary;

3.3.2 To provide input and policy direction to the Subsidiary;

3.3.3 Appointing, monitoring, overseeing and evaluating the performance of the

Executive Officer of the Subsidiary;

3.3.4 Ensuring all activities undertaken by the Subsidiary;

3.3.5 Subject to sub-clauses 3.6.16 and 3.6.17 ensuring that the activities of the Subsidiary are undertaken in an open and transparent manner

3.3.6 Assisting in the development of Annual Business Plans.

3.3.7 Represent the interests of the Constituent Councils in performing their

roles and responsibilities

3.3.8 Participate in the decision-making process of the Subsidiary



3.4 Propriety of Members of the Board

3.4.1 The provisions regarding conflict of interest prescribed in the Act apply to all Board Members in the same manner as if they were elected members of a Council.

3.4.2 Board Members must at all times act in accordance with their duties of

confidence and confidentiality and individual fiduciary duties including honesty and the exercise of reasonable care and diligence with respect to the performance and discharge of official functions and duties.

3.5 Chairperson of the Board

3.5.1 A Chairperson and Deputy Chairperson shall be elected at the Annual

General Meeting by the Board from the Board Members.

3.5.2 Where there is more than one nomination for the position of Chairperson or Deputy Chairperson, the election shall be decided by ballot.

3.5.3 Subject to legislation and any other provision in this Charter to the

contrary, the Chairperson and Deputy Chairperson shall hold office from the Annual General Meeting at which they were elected until the next Annual General Meeting unless he/she resigns or is no longer eligible to act as a Board Member.

3.5.4 If the Chairperson should cease to be a Board member, the Deputy

Chairperson shall as Chairperson until the election of a new Chairperson at the next Annual General Meeting.

3.6 Powers of the Chairperson and Deputy Chairperson

3.6.1 The Chairperson shall preside at all meetings of the Board and, in the event of the Chairperson being absent from a meeting, the Deputy Chairperson shall preside. In the event of the Chairperson and Deputy Chairperson being absent from a meeting, the Board shall appoint a member from amongst themselves, who shall preside for that meeting or until the Chairperson or Deputy Chairperson is present.

3.6.2 The Chairperson shall have a deliberate vote but no second or casting

vote.

3.6.3 The Chairperson speaks on behalf of the Subsidiary.



3.7 Meetings of the Board

3.7.1 The Board may determine procedures, in addition to but not inconsistent with those specified in this Charter, to apply at or in relation to its meetings.

3.7.2 Ordinary meetings of the Board must take place at such times and places

as may be fixed by the Board or the Executive Officer of the Subsidiary from time to time, and in any event not less than four (4) times per financial year.

3.7.3 An ordinary meeting of the Board will constitute an ordinary meeting of

the Subsidiary. The Board shall administer the business of the ordinary meeting.

3.7.4 For the purposes of this sub-clause, the contemporary linking together by

telephone, audio-visual or other instantaneous means (“telecommunications meeting”) of the Board Members, provided that at least a quorum is present, is deemed to constitute a meeting of the Board. Each of the Board Members taking part in the telecommunications meeting, must at all times during the telecommunications meeting be able to hear and be heard by each of the other board Members present. At the commencement of the meeting, each Board Member must announce his/her presence to all other Board Members taking part in the meeting. A Board member must not leave a telecommunications meeting by disconnecting his/her telephone, audio-visual or other communication equipment, unless that Board Member has previously notified the Chairperson of the meeting.

3.7.5 Notice of ordinary meetings of the Board (including the Annual General

Meeting) must be given by the Chief Executive Officer of the Constituent Councils at least four (4) weeks prior to the holding of the meeting either by post to the Constituent Council’s address or by post to any other location, or via any other means of giving notice (e.g. facsimile or email) as nominated by the Board Member in writing addressed to the Executive Officer of the Subsidiary.

3.7.6 Notice of a meeting for the purpose of making a recommendation to the

Constituent Councils to wind up the Subsidiary will be sent to Board Members and the Chief Executive Officers of the Constituent Councils at least eight (8) weeks before the date of the meeting.



3.7.7 Any one of the Constituent Councils may by delivering a written request

to the Executive Officer of the Subsidiary require a special meeting of the Board to be held. On receipt of the request, the Executive Officer shall send a notice of the special meeting to all Board Members and Chief Executive Officers of the Constituent Councils at least seven (7) days prior to the date of the special meeting in the manner provided for in Clause 3.6.5. Such notice shall specify the date, time and place of the special meeting and be signed by the Executive Officer of the Subsidiary, and contain, or be accompanied by, the agenda for the meeting.

3.7.8 The request by any Constituent Council to the Executive Officer of the

Subsidiary requiring a special meeting to be held must be accompanied by the proposed agenda for the meeting and any written reports intended to be considered at the meeting (and if the proposed agenda is not provided the request is of no effect).

3.7.9 The Chairperson may convene a special meeting of the Board at the

Chairperson’s discretion without complying with the notice requirements prescribed by Clause 3.6.5 provided always that there is a minimum one (1) hour notice given to Board Members.

3.7.10 The Chairperson shall convene other meetings of the Board as the Board

may direct.

3.7.11 Quorum a) The prescribed number of Board Members will constitute a quorum at

a meeting and no business will be transacted at a meeting unless a quorum is present.

b) The quorum for a meeting of the Board is at least 50% of the number of offices (whether vacant or not) of Members of the Board.



3.7.12 Voting

a) Each Board Member including the Chairperson, shall be entitled to

make a deliberate vote and is to be conducted so that no voter’s vote is secret. The Chairperson is to have a casting vote in the event of an equality of votes.

b) Questions arising for decision at ordinary meetings of the board will be

decided by an simple majority of votes on the basis of one (1) vote per Board Member present at the meeting, providing the number of “for” votes is not less than the absolute majority of Constituent Councils.

c) A recommendation to Constituent Councils to wind up the Subsidiary

requires the votes of the Board Members of an absolute majority of the Constituent Councils.

d) Subject to conflicts of interest, each Board Member validly present at a

meeting and entitled to a vote in accordance with Clause 3.7.12 (a) must vote on a question arising for decision at the meeting. Failure by any Board Member to vote other than in conflict of interest situations will be deemed to be a negative vote in relation to the question for decision.

e) Any decision on a significant change to the Subsidiary Charter

requires the votes of the Board Members of an absolute majority of the Constituent Councils.

Board Meeting Procedures

3.7.13 A majority of the Board Members present at a meeting of the Board may

adjourn the meeting

3.7.14 Subject to Clause 3.7.16 meetings of the Board must be conducted in a place open to the public.

3.7.15 All Board Members must at all times keep confidential all documents and

any information provided to them on a confidential basis for their consideration prior to a meeting of the Board.

3.7.16 The Board may order that the public, Constituent Council observers and

employees of the Subsidiary be excluded from attendance at any meeting when a confidential matter is under discussion. Clause 3.7.16 does not apply to:

a) a Board Member not having a conflict of interest; or b) any person permitted by the Board to remain in the room.



3.7.17 Where the Board has considered any information or a matter in confidence under Clause 3.7.16 it may subsequently resolve to keep minutes and/or any other documents considered during that part of the meeting confidential.

3.7.18 Where an order to close a meeting to the public is made under Clause

3.6.16, the minutes are to record the making of the order and the grounds on which it was made.

3.7.19 The Executive Officer must cause minutes to be kept of the proceedings

at every meeting of the Board and present the minutes at the next meeting of the board for confirmation and adoption.

3.7.20 Where the Executive Officer is excluded from attendance at a meeting of

the Board pursuant to Clause 3.7.16, the person presiding at the meeting shall cause the minutes to be kept.

3.7.21 Subject to Clause 3.7.23 a person is entitled to inspect, without payment

of a fee:

a) minutes of a Board meeting; b) reports to the Board received at a meeting of the Board; c) recommendations presented to the Board in writing and adopted by

resolution of the Board.

3.7.22 Subject to Clause 3.7.23, a person is entitled, on payment to the Board of a fee fixed by the Board, to obtain a copy of any documents available for inspection under Clause 3.7.21.

3.7.23 Clauses 3.7.21 and 3.7.22 do not apply in relation to a document or part

of a document if:

a) The document or part of the document relates to a matter of a kind referred to in Clause 3.7.16; and

b) The Board orders that the document or part of the document be kept

confidential (provided that in so ordering the Board must specify the duration of the order or the circumstances in which it will cease to apply or a period after which it must be reviewed).

3.7.24 Subject to this Charter and to any direction of the Constituent Councils

the Board may determine its own procedures for voting, which must be fair and contribute to free and open decision making.



3.8 Annual General Meeting The Annual General Meeting will:

a) be held on a day selected by the Subsidiary but not more than 60 days

after the Subsidiary accepts the annual report for the previous financial year;

b) receive the Subsidiary’s Annual Report which may incorporate reports

from committees and any representatives reports from other organisations;

c) receive the audited financial statement for the preceding financial year;

d) acknowledge the appointment of Board Members;

e) elect the:

i. Chairperson; and

ii. Deputy Chairperson;

f) appoint representatives to other organisations; g) consider any other business requiring consideration by the Board

members in general meeting. 3.9 Fees, Allowances and Reimbursements

3.9.1 Meeting attendance fees or annual allowances; expenses and

reimbursements are to be determined annually by the Subsidiary.

4. EXECUTIVE OFFICER

4.1 The Board shall appoint an Executive Officer to manage the business of the Subsidiary on terms agreed between the Executive Officer and the Board.

4.2 The Executive Officer is responsible to the Board for the execution of decisions taken by the Board and for the efficient and effective management of the affairs of the Subsidiary.

4.3 The Executive Officer shall cause records to be kept of all activities and financial

affairs of the Subsidiary in accordance with this Charter, in addition to other duties provided for by this Charter and those specified in the terms and conditions of appointment.

4.4 The Board may delegate responsibility for the day-to-day management of the Subsidiary to the Executive Officer, who will ensure that sound business and human resource management practices are applied in the efficient and effective management of the operations of the Subsidiary.



4.5 The functions of the Executive Officer shall be specified in the terms and conditions of appointment and shall include but are not limited to:

4.5.1 attendance at all meetings of the Board;

4.5.2 ensuring that the decisions of the Board are implemented in a

timely and efficient manner;

4.5.3 providing information to assist the Board to assess the Subsidiary’s performance against its Strategic Management and Business Plans;

4.5.4 the employment, management, supervision, direction and dismissal of

employees of the Subsidiary;

4.5.5 determining the conditions of employment of employees of the Subsidiary , within budgetary constraints set by the Board;

4.5.6 providing advice and reports to the Board on the exercise and

performance of its powers and functions under this Charter or any Act;

4.5.7 ensuring that the Subsidiary is at all times complying with this Charter or any other Act;

4.5.8 co-ordinating and initiating proposals for the consideration of the Board

including but not limited to continuing improvement of the operations of the Subsidiary;

4.5.9 ensuring that the assets and resources of the Subsidiary are properly

managed and maintained;

4.5.10 ensuring that records required under the Act or any other legislation are properly kept and maintained;

4.5.11 ensuring that the Subsidiary’s Annual Report is distributed to the

Constituent Councils in time to be incorporated in their Annual Reports;

4.5.12 exercising, performing or discharging other powers, functions, delegations or duties conferred on the Executive Officer by or under the Act or any other Act, and performing other functions lawfully directed by the Board; and

4.5.13 achieving financial outcomes in accordance with adopted plans and

budgets of the Subsidiary .

4.6 The Executive Officer may delegate or sub-delegate the exercise of any of the

Executive Officer’s functions to: a) an employee of the Subsidiary ;

b) an employee of a Constituent Council, as agreed to by the Chief

Executive Officer of a Constituent Council; or

c) a person for the time being occupying a particular office or position;



4.7 Where a power or function is delegated to an employee, or a person occupying a particular office or position, that employee or person is responsible to the Executive Officer for the efficient and effective exercise or performance of that power or function.

4.8 A written record of all delegations and sub-delegations must be kept by the Executive Officer at all times.

5. MANAGEMENT

5.1 Financial Management

5.1.1 The Subsidiary shall keep proper books of accounts and reconsider its budget in accordance with the requirements of the Local Government (Financial Management) Regulations 1996.

5.1.2 The Subsidiary’s accounts and records must be available for inspection

by any Board Member or authorised representative of any Constituent Council at any reasonable time on request.

5.1.3 The Subsidiary must establish and maintain a bank account with such

banking facilities and at a bank to be determined by the Board.

5.1.4 The Subsidiary shall appoint no less than two Board Members, the Executive Officer, the Chairperson and the Deputy Chairperson as authorised operators of the Bank accounts. A minimum of two authorised operators must be required to deal with the bank account at any one time.

5.1.5 Any payments made by cheque, credit card or Electronic Funds Transfer

must be made in accordance with procedures and by a person or persons authorised and approved by resolution of the Board

5.1.6 The Executive Officer must act prudently in the handling of all financial

transactions for the Subsidiary and must provide quarterly financial and corporate reports to the Board and if requested, the Constituent Councils.



5.2 Levies

5.2.1 The Subsidiary may levy Constituent Councils or any one of them for a specified activity or activities.

5.2.2 A levy must be imposed by the Board at an ordinary meeting or an

Annual General Meeting.

5.2.3 The Executive Officer must give notice to Constituent Council of the purposes of a levy at least four (4) weeks prior to an ordinary meeting of the Board. For the purposes of Clause 5.5 the notice shall be given at least eight (8) weeks prior to an Annual General Meeting.

5.2.4 In the event that a Constituent Council does not wish to participate in an

activity or activities, that Council may elect to be excluded from that activity or activities.

5.2.5 The Executive Officer must give notice of the levy to all affected

Constituent Councils.

5.2.6 A levy will not be binding on Constituent Councils until the expiration of one calendar month from the date of the notice.

5.2.7 A Constituent Council that objects in writing to the imposition of the levy

within one month of the date of the notice shall be exempt from payment of the levy until its objection is considered at a general meeting of the Board.

5.2.8 A general meeting must, after consideration of the objection of a

Constituent Council to a levy, confirm or vary the levy on that Council or exempt that Constituent Council from payment of the levy.

5.2.9 The Chairperson may convene a special general meeting to consider an

objection to a levy.

5.3 Audit

5.3.1 The Board shall appoint an external Auditor in accordance with the Local

Government (Financial Management) Regulations 1996.

5.3.2 The external Auditor shall hold office until the appointment is rescinded by a resolution of the Board.

5.3.3 The external Auditor will have the same powers and responsibilities as

set out in the Act in relation to a Council.

5.3.4 The audit of financial statements of the Subsidiary, together with the accompanying report from the external Auditor, shall be submitted to both the Board and the Constituent Councils.

5.3.5 The accounts and financial statements shall be audited at least once a

year.

5.3.6 The Subsidiary is not required to establish an audit committee.



5.4 Business Plans

5.4.1 The Subsidiary shall prepare an Annual Business Plan linking the core activities of Subsidiary to strategic, operational and organisational requirements with supporting financial projections setting out the estimates of revenue and expenditure as necessary for the period; and

5.4.2 the Board shall compare the Annual Business Plan against performance

targets at least twice every operating year; and

5.4.3 The Subsidiary shall, in consultation with the Constituent Councils each year, review the contents of the Annual Business Plan; and

5.4.4 The Subsidiary shall consult with the Constituent Councils prior to

amending the Annual Business Plan.

(See Local Government Act for contents of the Business Plan)

5.5 Annual Program and Budget

5.5.1 A proposed annual program and budget detailing the estimated revenues, costs and levies for the ensuing financial year shall be submitted by the Executive Officer to the Board by 30 June in each financial year.

5.5.2 The proposed annual program and the budget detailing the estimated

revenues, costs and levies may be altered by the Board and shall be adopted by the Board subject to such alterations as the Board agrees upon after 31 May for the ensuing financial year and before 31 August for the current financial year.

5.5.3 The proposed annual program and the budget must be referred to the

Constituent Councils at least eight (8) weeks prior to the date of the meeting at which the budget is to be adopted.

5.5.4 A Constituent Council may comment on the annual program and the

budget in writing to the Executive Officer at least seven (7) business days before the meeting at which the budget is to be adopted or through its Board Members at that meeting.

5.5.5 The Board must provide a copy of the adopted budget to the Chief

Executive Officers at each Constituent Council within five (5) business days after the budget is adopted.

5.5.6 The Board will reconsider the budget at least once during the financial

year.



5.6 Strategic Management Plan

5.6.1 The Subsidiary shall prepare and implement a Strategic Management

Plan.

5.6.2 The Strategic Management Plan will: a) Identify the Subsidiary’s objectives over the period; b) identify the principal activities that the Subsidiary intends to undertake

to achieve its objectives;

c) state the measures that are to be used to monitor and access the performance of the Subsidiary over the period;

d) identify the broad means by which its activities are to be carried out;

e) address issues associated with arranging its affairs.

5.7 Reporting

5.7.1 The Subsidiary must submit to the Constituent Councils, at least once in each operating year and prior to 31 August of the subsequent financial year, a report on the work and operations of the Subsidiary detailing achievement of the aims and objectives of its Annual Business Plan and incorporating the audited Financial Statements of the Subsidiary and any other information or report as required by the Constituent Councils.

5.7.2 The Board shall present a balance sheet and full financial reports to the

Constituent Councils at the end of each operating year in accordance with the Local Government (Financial Management) Regulations 1996

5.8 Provision of Goods and Services

The Subsidiary is required to enter into the provision of goods and services, such as may be required to further the purpose of the Subsidiary, in accordance with Section 3.57 of the Act and Part 4 of the Local Government (Functions and General) Regulations 1996.

6. MISCELLANEOUS

6.1 New Members

6.1.1 Subject to the provisions of the Act, including but not limited to Ministerial approval, this Charter may be amended by the unanimous agreement of the Constituent Councils to provide for the admission of a new Constituent Council or Councils, with or without conditions of membership, such conditions to be determined by the Board.



6.2 Subscription

6.2.1 Every Constituent Council shall be liable to contribute monies to the

Subsidiary each financial year.

6.2.2 The amount of each Constituent Council’s subscription will be decided at the Annual General Meeting and will be due and payable within one (1) month of a written request from the Executive Officer for payment.

6.2.3 If a Council becomes a Constituent Council after the first day of July in

any year, the subscription payable by that council for that year will be calculated on the basis of the number of months remaining in that year.

6.3 Standing Orders

The Subsidiary may by resolution at any meeting of the Board pass, alter or rescind standing orders or rules for the due management and regulation of the Subsidiary. Standing orders or rules made pursuant to this Clause shall be entered in a book that will be kept for the information of Board Members and may be printed or circulated at the discretion of the Subsidiary.

6.4 Disqualification

6.4.1 Subject to any legislative requirements including but not limited to

Ministerial approval under Section 3.70(3) of the Act, a Council that fails to pay its subscription or any other monies due to the Subsidiary within six months from the date upon which the subscription or other monies become due and payable shall cease to be a Constituent Council.

6.4.2 The Executive Officer will give notice in writing to the Constituent Council

that its status as a Constituent Council has been terminated.

6.5 Withdrawal

6.5.1 Subject to any legislative requirements, including but not limited to Ministerial approval, a Constituent Council may at any time between 1 July and 31 December in any given year give to the Subsidiary and to each of the other Constituent Councils notice of its intention to withdraw from the Subsidiary.

6.5.2 The withdrawal of a Constituent Council is to take effect from the end of

the financial year after the financial year in which the notice of withdrawal under Clause 6.5.1 is given.

6.5.3 The withdrawal of any Constituent Council does not extinguish the liability

of that Constituent Council to contribute to any loss or liability incurred by the Subsidiary at any time before or after such withdrawal in respect of any act or omission by the Subsidiary prior to such withdrawal.



6.6 Insurance and Superannuation Requirements

6.6.1 The Subsidiary shall ensure appropriate insurance and superannuation compliance requirements are executed.

6.7 Winding Up

6.7.1 The Subsidiary may be wound up by the Minister acting upon a

unanimous resolution of the Constituent Councils.

6.7.2 In the event of a winding up of the Subsidiary, any surplus assets after payment of all expenses shall be returned to Constituent Councils in proportion to the subscription paid in the financial year prior to the passing of the resolution to wind up.

6.7.3 If there are insufficient funds to pay all expenses due by the Subsidiary

on winding up, a levy shall be imposed on all Constituent Councils in proportion to the subscription paid in the financial year prior to the passing of the resolution to wind up.

6.8 Direction by Constituent Councils

6.8.1 The establishment of the Subsidiary does not derogate from the power of the Constituent Councils to jointly act in any manner prudent to the sound management and operation of the Subsidiary provided the Constituent Councils have first agreed by resolution of each Constituent Council as to the action to be taken.

6.8.2 The establishment of the Subsidiary does not derogate from the power of any of the Constituent Councils to act independently in relation to a matter for which the Subsidiary has been established.

6.8.3 Provided that the Constituent Councils have all first agreed unanimously

as to the action to be taken, the Constituent Councils may direct and control the Subsidiary.

6.8.4 For the purpose of sub-clause 6.8.3, any direction given by the

Constituent Councils must be given in writing to the Executive Officer of the Subsidiary.



6.9 Alteration and Review of Charter

6.9.1 This Charter will be reviewed by the Constituent Councils acting in

concurrence at least once every four (4) years.

6.9.2 This Charter may be amended by unanimous resolution of the Constituent Councils.

6.9.3 Notice of a proposed alteration must be given by the Executive Officer to

all Constituent Councils at least four (4) weeks prior to the Council meeting at which the alteration is proposed.

6.9.4 The Executive Officer must ensure that a copy of the amended Charter is

provided to the Minister in accordance with Section 3.70(3) of the Act.

6.10 Disputes Between Constituent Councils

6.10.1 The Constituent Councils agree to work together in good faith to resolve

any matter requiring their direction or resolution.

6.10.2 Where the Constituent Councils are unable to resolve a matter within twenty one (21) days of the matter being presented to them –

a) The Subsidiary or any Constituent Council may notify the

others in writing (Arbitration Notice) that it requires the dispute to be referred to arbitration; and

b) the dispute (unless meanwhile settled), on receipt of the

Arbitration Notice by the recipients, is taken to be referred to arbitration under and in accordance with the provisions of the Commercial Arbitration Act 2012 (WA)

6.10.3 Notwithstanding sub-clause 6.10.2 the Constituent Councils agree to be

bound by the decision of the appointed arbitrator (except in relation to any decision relating to the acquisition or disposal of any real property) and will endeavour to work together in good faith in the implementation of that decision.

6.10.4 The costs of arbitration shall be borne equally by the Constituent Councils involved in the arbitration.



6.11 Committees

6.11.1 The Board may establish a committee of Board Members for the purpose

of: a) enquiring into and reporting to the Board on any matter within the

Subsidiary’s powers, functions and duties and as detailed in the terms of reference given by the Board to the Committee;

b) exercising, performing or discharging delegated powers, functions or

duties.

6.11.2 A member of a committee established under this Clause holds office at the pleasure of the Board.

6.11.3 The Chairperson of the Board is an ex-officio member of any committee or advisory committee established by the Board.

6.12 Common Seal

6.12.1 The Subsidiary shall have a common seal upon which its corporate name shall appear in legible characters.

6.12.2 The common seal shall not be used without the express authorisation of a resolution or Policy of the Subsidiary and every use of the common seal shall be recorded in the minute book of the Subsidiary.

6.12.3 The affixing of the common seal shall be witnessed by the Chairperson or

Deputy Chairperson and the Executive Officer or such other person as the Subsidiary may appoint for the purpose.

6.12.4 The common seal shall be kept in the custody of the Executive Officer or

such other person as Subsidiary may from time to time decide.



6.13 Circumstances Not Provided For

6.13.1 If any circumstance arises about which this Charter is silent, incapable of

taking effect or being implemented according to its strict provisions, the Chairperson may decide the action to be taken to ensure achievement of the objects of the Subsidiary and its effective administration.

6.13.2 The Chairperson shall report any such decision at the next general meeting.

5.3 Local Government Industrial Jurisdiction (07-004-01-0035 TB) WALGA State Council Meeting December 2016

Page 78

5.3 Local Government Industrial Jurisdiction (07-004-01-0035 SR)

By Scott Roffey, Employee Relations Manager

Recommendation That WALGA:

1. Provide information and advice to Local Governments to support their assessment of

the appropriate industrial relations jurisdiction within which to operate;

2. Advocate for the State Government to refer any residual industrial relations powers

with respect to the Local Government sector to the Commonwealth Government;

3. If recommendation 2 is unsuccessful, advocate for modernisation of the WA industrial

relations legislative framework with a view to achieve consistency with the

predominant Federal industrial relations system.

In Brief

There is an ongoing issue for WA Local Governments as it is unclear whether the sector falls

within the state or federal industrial relations system.

The federal industrial relations system and its relevant employment legislation, including the Fair

Work Act 2009 (Cth), only applies to WA Local Governments that are deemed to be national

system employers.

A national system employer includes a constitutional corporation as outlined in section 12 of the

Fair Work Act 2009.

For a Local Government to be deemed to be a constitutional corporation, they would need to be

considered to be a financial or trading corporation due to the conjunctive operation of section 14

of the Fair Work Act 2009 and section 51(xx) of the Australian Constitution.

There are a number of practical issues that arise due to the concurrent operation of industrial

relations systems at both the state and federal level including uncertainty as to the appropriate

industrial legislation, the practical need for a Local Government to deal with an industrial

proceeding in a jurisdiction different than the one it has elected to operate within and

inconsistency of core minimum conditions for employees who work at different Local

Governments within the sector.

There are a number of jurisdictional decisions that relate both to individual WA Local

Governments as well as a number of other organisations that are not Local Governments. The

outcomes of these decisions are mixed both in respect of the legal tests applied and the ultimate

decision as to whether the particular Local Government or organization was found to be a

constitutional corporation or not.

WALGA sought further legal advice in light of a recent Fair Work Commission decision.

The legal advice ultimately found that the Local Government decision did not change or affect

the law in this imprecise and unpredictable legal area. The decision is important only in

demonstrating a particular example of the application of the law and how the Fair Work

Commission has interpreted the current position of the law.

Therefore, it is recommended that WALGA:

1. Continue to provide advice to Local Governments supporting their assessment of the

appropriate industrial relations jurisdiction within which to operate;

2. Advocate for the State Government to refer any residual industrial relations powers with

respect to the Local Government sector to the Commonwealth Government; and,

3. If point two is unsuccessful, advocate for modernisation of the Western Australian industrial

relations legislative framework with a view to achieving consistency with the Federal

system.

5.3 Local Government Industrial Jurisdiction (07-004-01-0035 TB)


Attachment The legal advice sought by WALGA is available at:

http://walga.asn.au/About-WALGA/Structure/State-Council/Agenda-and-Minutes.aspx.


Key Strategies



Governments;


and














Policy Implications The agenda item represents a departure from a current policy position of the Association.

The State Council resolution of April 2011 (47.2/2011) outlined the current policy position of the

Association as follows:

Position Statement Local Governments should continue to be considered ‘National

System Employers’ (NSE) for the purposes of the Fair Work

Act 2009.

Background Western Australian Local Government employees have been

predominantly employed under Federal industrial Awards. Until

31 December 2009 these were the Local Government Officers’

Award (1999) and the Municipal Employees’ Award (1999).

This means that over 95 percent of employees fall within the

‘Federal system’.

The current policy position, whilst accurate in respect of describing the predominant coverage of the

federal industrial relations system, no longer reflects the advice that is provided by WALGA to the



Local Government sector. WALGA currently takes the approach of providing information and advice

to Local Governments to support their assessment of the appropriate industrial relations jurisdiction

within which to operate.

Budgetary Implications Nil.

Background Previously, Western Australian Local Governments operated primarily under federal industrial

awards. Until 31 December 2009, these were the Local Government Officers’ Award (1999) (LGO)

and the Municipal Employees’ Award (1999) (MEA). Many Local Governments also had Federal

enterprise/workplace agreements in operation to underpin the employment conditions of the

majority of their employees.

The introduction of the Fair Work Act 2009 influenced most State Governments to refer their

industrial relations powers to the Commonwealth to create a single national industrial relations

system. Western Australia still retains a state industrial relations system that applies to state public

sector employees, non-trading entities and unincorporated private sector businesses.

These two federal industrial awards (the LGO and MEA) became defunct after a short transitional

period and were replaced by the federal modern award – the Local Government Industry Award

2010.

Applications were made to the WA Industrial Relations Commission by a number of unions and an

employer advocate to establish interim state industrial awards to apply to the small percentage of

Local Governments that did not elect to continue operating in the federal industrial relations system.

WALGA made submissions in respect of these applications that advocated for any interim state

industrial awards to mirror the Local Government Industry Award 2010 as far as was practicable.

The intent of this advocacy position was to:

Mitigate the practical effects of the jurisdictional uncertainty as to which industrial relations

system applies to Local Government;

Ensure that any interim state awards reflected a flexible, efficient and consistent regulatory

framework across the Local Government sector;

Promote more consistent and understood minimum employment terms and conditions across

the Local Government sector.

The WA Industrial Relations Commission elected to create interim state industrial awards that did

not contemplate any alignment with the predominant Local Government Industry Award 2010. The

upshot of this decision by the WA Industrial Relations Commission was to further exacerbate the

jurisdictional uncertainty as to which system applies to Local Government employers (and

subsequently which minimum award terms and conditions apply to Local Government employees).

Primarily because of the predominant application of the federal industrial relations system to most

Local Governments, WALGA took the policy position that WA Local Governments should continue

to be considered ‘National System Employers’ (NSE) for the purposes of the Fair Work Act 2009.

The majority of WA Local Governments still operate within the federal industrial relations system

(approximately 82% of Local Governments).



The long standing jurisdictional issue once again became topical in light of a recent Fair Work

Commission decision involving a WA Local Government.

WALGA sought further legal advice to assess whether there had been any material change in the

position of the law.

The legal advice ultimately found that the recent Fair Work Commission decision did not change or

affect the law in this imprecise and unpredictable legal area.

The process of seeking further legal advice did highlight that the WALGA policy position did not

align with the approach that has been taken in practice by WALGA to this issue. The practical

approach that is being taken to this issue is to provide information and advice to Local Governments

to support their assessment of the appropriate industrial relations jurisdiction within which to

operate.

Comment In the context of an uncertain jurisdictional landscape it is recommended that WALGA:

1. Provide information and advice to Local Governments to support their assessment of the

appropriate industrial relations jurisdiction within which to operate;

2. Advocate for the State Government to refer any residual industrial relations powers with

respect to the Local Government sector to the Commonwealth Government; and,

3. If recommendation 2 is unsuccessful, advocate for modernisation of the WA industrial

relations legislative framework with a view to achieve consistency with the predominant

Federal industrial relations system.

The above recommendations are intended to provide greater clarity and certainty for Local

Governments regarding the industrial relations jurisdiction. It is important that WALGA continues to

provide information and advice to Local Governments to support their own assessment of the

appropriate industrial relations jurisdiction within which to operate, as this represents contemporary

practice within the current framework.

This item further recommends advocacy with the aim of the State Government referring any

residual industrial relations powers with respect to the Western Australian Local Government sector

to the Commonwealth Government.

Successful advocacy in this regard would:

Create a single industrial relations system covering all Local Government employers and

employees in Western Australia and at a national level which will ensure a fair, efficient,

universally acceptable and consistently applied regulatory framework;

End the ongoing perpetuation of two distinct industrial relations systems with different minimum

standards, rights and obligations;

Create certainty for WA Local Government employers and employees;



Remove unnecessary regulatory burdens and promote improvements in understanding,

awareness and compliance of industrial relations obligations;

Create a level playing field across the WA Local Government sector and thereby promote

consistent employment practices and business efficiency; and

Mitigate the industrial risks for Local Governments taking appropriate action to manage their

employees.

If the State Government is unwilling to refer its residual industrial relations powers to the

Commonwealth, it is recommended that WALGA advocate for modernisation of the Western

Australian industrial relations legislative framework with a view to achieving consistency with the

predominant Federal industrial relations system.

Advocating for modernisation of the Western Australian industrial relations legislative framework

with a view to achieving consistency with the predominant Federal industrial relations system would

be of significant importance in the event that the State Government was not minded to refer any

residual industrial relations powers with respect to the WA Local Government sector to the

Commonwealth Government.

This recommended action would:

Mitigate the practical effects of the jurisdictional uncertainty as to which industrial relations

system applies to Local Government;

Ensure that any amendment to industrial relations legislation or instruments reflects a flexible,

efficient and consistent regulatory framework across the Local Government sector (as far as is

practicable); and,

Promote more consistent and understood minimum employment terms and conditions across

the Local Government sector.

The main potential risk associated with the recommended action is that the small percentage of

Local Governments who have elected to continue operating in the state industrial relations system

may have misgivings about the process and operational impact of transitioning to the federal

industrial relations system. However, it is important to make reference here to the state Labour

Relations Legislation Amendment and Repeal Bill 2012 (the Bill).

The Bill proposed a number of amendments designed to modernise the WA industrial relations

system including a process to repeal and replace existing state industrial awards. Whilst the

proposed changes in the Bill were largely influenced by the federal industrial relations system, it

would arguably create more significant material differences between the state and federal industrial

relations systems. This could potentially perpetuate ongoing confusion due to the operation of two

distinct industrial relations systems with different minimum standards, rights and obligations.

At some point in the future, the State Government is likely to revisit this Bill, which will have an

impact on the Local Government sector, and particularly Local Governments who have elected to

continue operating in the state industrial relations system. In particular, without a concerted

advocacy effort, passage of the Bill may lead to disparate minimum standards, rights and

obligations between the state and federal industrial relations systems.

5.4 Review of Decision Making within the WA Planning System (06-03-01-0001 VJ) WALGA State Council Meeting December 2016

Page 83

5.4 Review of Decision Making within the WA Planning System (06-03-01-0001 VJ)

By Vanessa Jackson, Policy Manager, Planning and Improvement

Recommendation That WALGA request that the Minister for Planning initiate an independent review of

decision making within the WA planning system, including the roles and responsibilities of

State and Local Government and other decision making agencies, Development Assessment

Panels and the State Administrative Tribunal appeal process, that gives consideration to;

1. How the aspirations or values of the community are incorporated into the decision

making framework;

2. What improvements are required to the statutory framework, including Local Planning

Schemes, that would improve the transparency, certainty and consistency of the

decision making process;

3. Ensuring that decision making occurs at appropriate levels that promotes good and

efficient decisions for the community; and

4. The erosion of the role of Local Government in planning for their communities.

In Brief At the WALGA Annual General Meeting on the 3 August 2016, a motion was passed to request

WALGA advocate for an independent review of the decision making within the WA planning

system.

It is timely given the State’s reform program started in 2009, to initiate a review of the reform

measures that have been introduced and to seek a review of the operation of the entire planning

system, before any additional reforms measures are proposed in WA.

Attachment Nil.



Provide support to all members, according to need; and


Government in Western Australia;




Develop simple and consistent messages that are effectively articulated;

Policy Implications WALGA’s current position on Third Party Appeal rights was made in February 2008 and states that

“Local Government does not support the introduction of Third Party Appeal rights” (Resolution

February 2008 – 326.1/2008). It was considered that the current strategic and statutory planning

process in WA, and consideration of applications by Local Governments, already takes into account

the views of affected parties and the community generally. As there was no justification for Third

Party Appeals legislation and there are significant negative implications for Local Government,



industry and the community, Local Government resolved to oppose the introduction of third party

appeal rights in Western Australia.


Background At the WALGA Annual General Meeting on the 3 August 2016, the following motion was passed: -

1. Request the Western Australian Local Government Association to advocate for an

independent review of decision making in the Western Australian Planning System, including

the roles of Local Government, delegated authorities, Joint Development Assessment

Panels and State Administrative Tribunal appeal processes that gives consideration to:

1.1 How the aspirations or values of the community are incorporated into the decision

making framework

1.2 Improvements to the statutory framework, including Local Planning Schemes, that

would improve the transparency, certainty and consistency of the decision making

process;

1.3 Ensure that decision making occurs at appropriate levels that promotes good and

efficient decisions for the community;

1.4 Ensure that Local Governments have a third party right to present local community

views to the State Administrative Tribunal;

1.5 The erosion of the roles of Local Government in planning for their communities.

2. In the event that the State Government is unwilling to pursue an independent review of the

decision-making process, request the Western Australian Local Government Association to

engage with members and advocate for practical reforms that will ensure greater

accountability, transparency and procedural fairness for ratepayers through the Joint

Development Assessment Panel’s decision making processes.

Since 2009, the WA Planning Commission has been pursuing a reform process aimed at improving

the land use planning and development approvals system in WA. Planning Makes It Happen - a

blueprint for planning reform set out 11 key strategic priorities and a forward work program that

included 22 actions for the State. In September 2013, the Minister for Planning released Planning

makes it happen: phase two outlining a range of additional projects and process improvements

aimed at streamlining the approval processes and improving decision making. The State’s reform

documents are located http://www.planning.wa.gov.au/Planning-makes-it-happen.asp

Comment A separate report on the possible changes to the Development Assessment Panels (DAPs) is

provided within this 2016 December State Council Agenda, which will address the comments made

in the AGM resolution (Motion #2) specifically relating to the proposed reform of DAPs. Additionally,

the resolution requesting to “Ensure that Local Governments have a third party right to present local

community views to the State Administrative Tribunal”, will not be considered in this report, as this

resolution aligns more with the review of Development Assessment Panels decisions. The current

policy position of not supporting third party appeals was reflective of Local Government’s ability to

incorporate the aspirations of their community into their planning framework. To this extent,

achieving success in the consideration of item 1.1 of the AGM resolution would make item 1.4



redundant. This report therefore only focuses on the possible review of decision making within the

WA planning system.

Given the State Planning reform process started in 2009, it is timely to review the current WA

system, to ensure that the reforms undertaken over the last seven years have actually provided

improvements to decision making within the planning system, and assist in outlining what additional

measures may be required. As there have been numerous piecemeal approaches to reforms and

examples of misalignment between the various Planning and Building legislative reforms, an

independent review would assist in providing a reassessment of the decision making process of the

WA planning system.

The review should consider the roles and responsibilities of all parties involved in planning decision

making clarifying who is actually making the decisions. Currently the WAPC, Local Government,

DAP’s, Metropolitan Redevelopment Authority and the State Administrative Tribunal are all able to

issue planning approvals for different planning proposals.

Any audit of the existing system will need to consider the different statutory instruments within the

Planning Framework, how they are prepared and what level of community involvement currently

occurs. The review could also draw on the Planning Institute of Australia’s “Core Elements of

Good Planning” which states that:

Good planning requires high quality, transparent and efficient planning practices and systems.

To achieve the outcomes that advance the public interest requires the following core elements:

Opportunities for the community and key stakeholders to actively contribute to the planning

process in a manner that is effective, inclusive, respectful of community values and genuine;

An independent review could also review other jurisdictions around Australia, as they have been

reviewing their planning frameworks and assessment processes, the roles and responsibilities of

decision making bodies, use of DAPs, State Planning Policies and appeals mechanisms. Some

States are more progressed than other jurisdictions and are facing different legislative challenges,

but the content of the reform programs are surprisingly similar to reforms proposed or happening in

WA.

It is therefore considered appropriate to request that the Minister for Planning initiate an

independent review of decision making within the WA planning system to ensure that it is

contemporary and reflective of local community needs.

5.5 Development Assessment Panels: Suggested Amendments (05-047-01-0016 GC) WALGA State Council Meeting December 2016

Page 86

5.5 Development Assessment Panels: Suggested Amendments (05-047-01-0016 GC)

By Graham Congdon, Project Officer Planning

Recommendation That WALGA: 1. Present the outcomes of the Local Government engagement on suggested amendments

to the Development Assessment Panels system to the Minister for Planning, and; 2. Endorse the top 15 suggested amendments contained within the report as

recommendations which WALGA advocates for as practical reforms to the DAP system, in addition to WALGA’s previous resolution regarding Development Assessment Panels.

In Brief The Development Assessment Panels (DAPs) planning approval system was introduced in July

2011 with the intention of creating a more streamlined planning approval process and to

establish a better balance between professional advice and community representation. The

criteria for a planning assessment by DAPs was amended at the beginning of 2015-16, with a

lowering of the ‘opt in’ eligibility threshold to $2m.

Recently a number of Metropolitan Local Governments have adopted motions calling for the

abolition of DAPS. In addition a motion was presented to WALGA’s AGM calling for the abolition

of DAPs.

Both the Minister for Planning and the Opposition have stated that the DAP system will remain

in place. The Minister for Planning has, however, announced that the State Government is

willing to consider changes to the system.

The Association has engaged directly with the Local Government planning community to

capture their views on how best to improve the DAP system, including a workshop with senior

planning officers and a survey sent to over 200 planning officers. A series of improvements to

the existing system are therefore proposed.

Attachment WALGA DAP Suggested Amendments Survey.


Key Strategies

Sustainable Local Government Represent the diversity of members’ aspirations in the further development of Local

Government in Western Australia.

Enhanced Reputation and Relationships Strengthen effective relationships with external peak bodies and key decision makers in

State and Federal Government; and Develop simple and consistent messages that are effectively articulated.

Policy Implications At the WALGA Annual General Meeting on the 3 August 2016, the following motion was passed:

1. Request the Western Australian Local Government Association to advocate for an

independent review of decision making in the Western Australian Planning System, including


Page 87

the roles of local government, delegated authorities, Joint Development Assessment Panels and State Administrative Tribunal appeal processes that gives consideration to:

1.1 How the aspirations or values of the community are incorporated into the decision making framework

1.2 Improvements to the statutory framework, including Local Planning Schemes, that would improve the transparency, certainty and consistency of the decision making process;

1.3 Ensure that decision making occurs at appropriate levels that promotes good and efficient decisions for the community;

1.4 Ensure that Local Governments have a third party right to present local community views to the State Administrative Tribunal;


2. In the event that the State Government is unwilling to pursue an independent review of the decision-making process, request the Western Australian Local Government Association to engage with members and advocate for practical reforms that will ensure greater accountability, transparency and procedural fairness for ratepayers through the Joint Development Assessment Panel’s decision making processes.

WALGA State Council Resolution 83.5/2016 –September 2016 called for:

1. A full and comprehensive cost-benefit analysis of Development Assessment Panels be

conducted by an independent organisation. 2. Abolishing the current opt-in mechanism which allows applications to choose either elected

Councils or the DAP as a the decision maker in favour of a Ministerial call-in power for projects of state or regional significance, with a minimal value of $20 million, as has been adopted in the eastern states.

3. The Local Government sector be consulted prior to any amendments to the Development Assessment Panels system, to ensure that operational efficiencies can be achieved.


Background The Development Assessment Panels (DAPs) planning approval system was introduced in July 2011 with the intention of creating a more streamlined planning approval process. DAPs were also established with the intention of providing a better balance between independent professional advice and Local Government representation through the involvement of independent technical experts in the determination of significant development proposals. As a result of WALGA’s advocacy and as required under section 171F of the Planning and Development (Development Assessment Panels) Regulations 2011, in October 2014 the Legislative Council referred a review of the DAP regulations to the Standing Committee on Uniform Legislation and Statutes. Prior to the completion of this review, the WA Planning Commission announced a number of changes to the DAP system which came into operation at the beginning of the 2015-16 financial year. The most significant of these changes was the lowering of the ‘opt in’ DAP assessment eligibility criteria to development proposals with a capital works value of $2m (outside of the City of Perth). Recently a number of Metropolitan Local Governments have adopted motions calling for the abolition of DAPs or substantial changes to the operation of the DAPs system. In addition, at WALGA’s 2016 AGM, a motion calling for the abolition of DAPs was presented, however, this portion of the motion was subsequently lost.


Page 88

In light of these resolutions and following on from previous work into the performance of DAPs, the Association engaged directly with the Local Government planning community to capture their views on how best to improve the DAP system. As part of this engagement, a workshop was held on 6 October 2016 with senior Local Government planning officers to discuss possible changes, processes, and procedures to improve the DAP system. The outcomes of the workshop were used to inform the Association’s DAP Suggested Amendments Survey which was distributed to over 200 Local Government planning officers to measure their support for the suggested changes. Full details of the survey can be found on WALGA’s Planning Improvement Program portal, http://walgapip.ning.com/walga-submissions/development-assessment-panels-suggested-amendments.

Comment Despite calls from members and various community groups for abolishing the DAP system, both the Minister for Planning and the Opposition have stated that the system will remain in place. The Minister for Planning has, however, announced that the State Government is willing to consider changes to the system. In light of these circumstances, the Association hosted a workshop with senior Local Government planning officers to discuss improving the performance of the DAP system. During the workshop, several participants expressed concerns that cost to develop was not an appropriate criteria for determining eligibility for DAP referral. Alternatives to the current system were proposed, including varying the thresholds for referral based on the type of development proposed, exempting some types of DAs, and eliminating opt in and mandatory referral thresholds entirely. Additionally, the workshop generated approximately 200 individual responses, which WALGA collected. The responses were then collated according their frequency, similarity and reoccurring themes to arrive at a final list of 37 possible amendments to the DAP system. The outcomes of the workshop were used to inform the Association’s DAP Suggested Amendments Survey which was distributed to Local Government planning officers. The survey builds on the Association’s previous engagement with Local Government and research into the operation of DAPs. The survey results highlight the following:

The majority of respondents prefer no opt in minimum and no mandatory referral thresholds for

DAP referral;

If development value thresholds remain, the majority of respondents (62%) prefer that

thresholds vary between development proposal types;

Respondents support applications which could otherwise be delegated to an officer not being

subject to the DAP process;

If a DA is compliant, respondents did not see any benefit in referring the application to a DAP;

and

Of the top 15 suggested amendments, most were administrative in nature and would serve to

increase transparency, consistency and relieve the burden the DAP process places on Local

Government.

The Minister has announced plans to make changes to the DAP system. A number of the changes announced by the Minister address, in whole or in part, changes contained in some of the amendments suggested by WALGA that have been supported by survey respondents. As the full details of the Minister’s changes have not been released, it is anticipated that these suggestions can also be considered by the Minister as part of any ongoing review of DAPs. It is therefore considered that based on this additional survey and consultation, a full and comprehensive cost-benefit analysis of Development Assessment Panels should still be conducted by an independent organisation, to ensure that it does provide a valued addition to the planning decision making process.


Page 89

The feedback supports the existing State Council position for the abolishment of the current opt-in mechanism, but the comments also support the abolishment of the mandatory threshold. The alternative is for the establishment of a Ministerial call-in power for projects of state or regional significance, with a minimum value of $20 million. If however, the Minister chooses to continue with the current opt in mechanism, it is suggested that the minimum value threshold should be increased to a value of $5 million or higher, to capture only significant developments and this will then provide the optional entry into the DAPs process. It is also hoped that the Local Government sector will be consulted prior to any amendments to the Development Assessment Panels system, to ensure operational efficiencies can be achieved.


Page 90

Development Assessment Panels:

Suggested

Amendments

2016


Page 91

Introduction

On the 18 November 2009, the Minister for Planning advised Parliament that Development Assessment Panels (DAPs) were being introduced ‘to improve the planning system by providing more transparency, consistency and reliability in decision making on complex development applications.” However, research conducted by WALGA into the performance of DAPs finds that there is clear evidence that the system is failing to meets these aims and objectives. In addition, there has been a growing dissatisfaction amongst many Local Governments and communities with the DAP system.

At the WALGA Annual General Meeting on the 3 August 2016, the following motion was passed: -

1. Request the Western Australian Local Government Association to advocate for an independent review of decision making in the Western Australian Planning System, including the roles of local government, delegated authorities, Joint Development Assessment Panels and State Administrative Tribunal appeal processes that gives consideration to:

1.1 How the aspirations or values of the community are incorporated into the decision making framework

1.2 Improvements to the statutory framework, including Local Planning Schemes, that would improve the transparency, certainty and consistency of the decision making process;

1.3 Ensure that decision making occurs at appropriate levels that promotes good and efficient decisions for the community;

1.4 Ensure that Local Governments have a third party right to present local community views to the State Administrative Tribunal;


2. In the event that the State Government is unwilling to pursue an independent review of the decision-making process, request the Western Australian Local Government Association to engage with members and advocate for practical reforms that will ensure greater accountability, transparency and procedural fairness for ratepayers through the Joint Development Assessment Panel’s decision making processes.

A separate report on the independent review of the planning framework will be considered at the December 2016 State Council Meeting. This report is prepared to examine possible amendments to improve the operation of the Development Assessment Panel system in anticipation of the State Government conducting a review of either the Planning System or DAPs.

WALGA has therefore engaged directly with the Local Government planning community to capture their views on how best to improve the DAP system. As part of this engagement, a workshop was held on 6 October 2016 with senior Local Government planning officers to discuss possible changes, processes, and procedures to improve the DAP system.

The workshop yielded approximately 200 individual responses, which WALGA collected. The responses were then collated according their frequency, similarity and reoccurring themes to arrive at a final list of 37 possible amendments to the DAP system.


Page 92

In order to further refine the results, these 37 amendments were included in a survey which was distributed electronically to over 200 Local Government planning officers to gauge their support for each of the proposed amendments. Ninety completed surveys were received.

Survey respondents were asked to rank their level of support for the 37 proposed amendments

which were developed from WALGA’s workshop. Respondents could indicate their support as either

Do not support, Neutral/Unsure, Support or Support and should be a high priority

amendment. In addition to indicating their level of support for each suggested amendment,

respondents were given the opportunity to provide comments on each proposal. (See Attachment 1

for complete list of the suggested amendments and the level of support for each)

Subsequent to WALGA’s workshop, on 13 October 2016, the Minister for Planning announced changes to the DAP system (see Attachment 2 for complete list of proposed changes). Some of the announced changes addressed, in whole or in part, the suggestions raised at WALGA’s workshop.

Summary of Findings

The first four questions of the survey addressed the current system of using development value

thresholds as the criteria for referral to the DAP system. During the WALGA workshop, several

participants expressed concerns that cost to develop was not an appropriate criteria for determining

eligibility for DAP referral.

For example, some forms of development which are not complex in nature, due to their high

development value automatically refer to the DAP system for determination (e.g. some industrial

developments). Similarly, the opt in threshold for DAPS is low enough that often standard forms of

developments, such as petrol stations, are able to opt into the DAP system

The survey respondents were provided a range of development values ($2 million, $3 million, $5

million, $7 million, $10 million and $20 million) and were asked to select the values they felt were

most appropriate as both the opt in and mandatory thresholds for referral to the DAP. Respondents

also had the option to select no opt in minimum and/or no mandatory DAPs.

The majority of respondents indicated that there should be no opt in minimum (32%) and no

mandatory DAP requirement (42%). Of the value thresholds provided, $5 million received the

highest percentage of support (23%) as the opt in threshold, while 24% felt $10 million should be

the threshold for mandatory DAP applications ($10 million is the current threshold for mandatory

referral).

As an alternative to the current system, 39% of respondents supported the idea of varying the

thresholds for referral based on the type of development proposed (for example industrial). A further

22% supported the change as a high priority amendment.


Page 93

It should be noted that the Minister has stated that the DAP system will be amended to provide an

option to opt out of a DAP in favour of a local government for developments, such as industrial

warehouses, which will not significantly impact local amenity. No further details have been provided

at this time. In reviewing the DAPs statistics, it was found that only 19 applications over the last five

years would have been subject to the exemption proposed by the Minister. Therefore the impact of

this change may be minimal.

Another alternative to the current system of opt in and mandatory DAP referrals identified during the

WALGA workshop would be to exempt DAs which would otherwise be delegated to a Local

Government planning officer. This proposal was supported by 29% of respondents, while a further

25% chose support as a high priority. Several of the comments received relating to this suggested

amendment noted there may be difficulty with its implementation as delegations vary across Local

Governments, and this could cause confusion for applicants.

The proposal that compliant DAs do not need to go to a DAP received overwhelming support, with

48% of respondents choosing support and 30% choosing support as a high priority amendment.

Respondents noted that while it can be difficult to determine if an application is compliant without

first conducting an assessment, if it is determined that an application is compliant then there does

not appear to be any benefit in referring a DA to a DAP simply based on its development value.

Based on feedback from senior planning staff, 37 individual amendments were proposed to improve

the function of the DAP system. Most of the amendments were administrative in nature.

Respondents were asked to indicate their level of support for each proposal (Do not support,

Neutral/Unsure, Support or Support and should be a high priority amendment) and their responses

used to determine a weighted average for each amendment. The top 15 suggested amendments

are discussed below.

Top 15 Suggested Amendments:

1. DAPs to provide detailed reasons for decisions which differ to the RAR. (53% Support, 44%

Support and should be a high priority). This proposal received overwhelming support. Many

of the comments noted that this change is needed in order for DAPs to provide transparency

and accountability in their decision making processes. The inclusion of detailed reason for

decisions which differ from the RAR will also assist Local Government as it will provide

greater clarity for officers that will assist them in preparing future RARs.

The Minister for Planning has recently announced changes to the DAP system, including

that Responsible Authority Reports (RARs) are to include more information on why decisions

are being made, however this change appears to only apply to Local Government reporting,

increasing the burden on Local Government and failing to improving the transparency of

DAP decision making process.


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2. Form 2 applications be delegated to Local Government where the proposed amendments

are supported by the LG. (54% Support, 41% Support and should be a high priority).

Respondents were nearly unanimous in their support for this suggested amendment, noting

in their comments that this would save both time and resources for all parties.

The recently announced changes to the DAP system include allowing proponents to choose

between Local Government or a DAP when requesting an amendment to a minor aspect of

an existing development approval (Form 2). At present however, no guidance has been

provided as to what would qualify as a ‘minor’ aspect.

3. DoP to provide a secretariat with responsibly for minute taking at DAP meetings. (48%

Support, 44% Support and should be a high priority). Respondents supported this suggested

amendment and comments indicate their belief that this change would ensure consistent

minute taking, as Local Government personnel are often only familiar with their Council’s

minute format, which is different to the DAP format. This leads to delays and inconsistency.

While the Minister has indicated that more governance support will be provided, there has

been no indication at present that this support extends to minute taking.

4. Training / briefings sessions for DAP members about Local Planning Scheme provisions.

(47% Support, 42% Support and should be a high priority). Many respondents indicated that

DAP members needed to have a stronger understanding of the Local Planning Scheme

provisions for the LG areas they administer, and that training or briefing sessions would be

very beneficial.

The changes announce to the DAP system include empowering the Minister to remove DAP

members who do not undertake the appropriate DAP training, however there is no mention

of additional training for DAP members specific to Local Planning Schemes.

5. DAP Panel Member criteria amended with stronger emphasis on specialists having planning

experience. (46% Support, 42% Support and should be a high priority). While some

respondents noted that a range of expertise can be beneficial, many comments expressed a

concern that there was often a lack of sufficient planning knowledge and experience on

DAPs. As the purpose of the DAP system is to make planning decisions, it is appropriate

that there be a minimum standard of planning experience.

6. The DoP/WAPC to manage community questions and queries about DAP process and

meeting schedules. (68% Support, 28% Support and should be a high priority). Commenters

expressed the view that as Local Governments do not control the DAP process, set meeting

dates or act as the decision making body, it is appropriate that the DoP/WAPC manage

community questions and queries.


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7. DAP rules governing conflict of interests to be same as those for Local Government. (62%

Support, 30% Support and should be a high priority). Respondents noted that as the DAP is

taking the place of the Local Government as the decision maker, members should be held to

the same standards as Local Government. This will provide better consistency and

transparency to the DAP process.

8. The DoP to share legal advice with Local Government and Local Government having access

to advice from State Solicitors Office. (58% Support, 30% Support and should be a high

priority). Respondents noted that this would improve transparency and consistency, and

would assist Local Government in advising DAP members.

9. Clearer guidance on 'councils' role in the DAP process. (51% Support, 31% Support and

should be a high priority). Respondents noted that it is unclear if a RAR must be referred to

council. Some Local Governments have sought legal advice on this matter, but that advice

has not been consistent. The State needs to provide clear guidance to ensure the processes

is the same across all Local Governments.

10. DAP meetings cannot be closed to local government representatives. (56% Support, 28%

Support and should be a high priority). Respondent’s comments noted that while the DAP

makes decisions on the application before it, they are doing so in place of Local

Government, and it is Local Government who has to enforce the DAP’s decision. As such,

Local Government representatives must be allowed to attend all meetings relating to a DAP

application, including SAT mediation. This is important for improved transparency in the

process.

11. DAP Application Fees (including Form 2 apps) being revised to operate on a full cost

recovery basis, taking into consideration the costs of assessing an application, hosting

meetings and managing public consultation, attending SAT etc. (46% Support, 35% Support

and should be a high priority). Respondents noted that Form 2 applications often require a

full assessment, and as such the same amount of work as a Form 1. The current fee

structure does not account for the amount of work involved.

The Minister has announced that there will be changes to the DAP fee structure, however no

additional information has been provided.

12. Permitting Local Governments to 'stop the clock' at any time. (53% Support, 30% Support

and should be a high priority). Respondents were very supportive of this amendment, but

noted that there would need to be clear guidelines around the use of ‘stop the clock’ by

Local Governments to ensure it is used only in appropriate situations.

The Minister has announce that the DAP presiding members will be able to intervene in the

'stop-the-clock' process if parties disagree about the level of information that has been

provided for an application.


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13. DoP to provide a governance representative at DAP meetings to answer relevant

questions & ensure compliance with the DAP members Code of Conduct and DAP meeting

procedures. (43% Support, 32% Support and should be a high priority). Respondents noted

that having a governance representative would help clarify relevant matters of governance

and provide guidance where required. Governance officers can ensure that standing orders

are followed and due process adhered to. Having the DoP provide a governance officer will

assist with consistency and transparency.

Under the recently announced changes to the DAP system, the Minister has committed that

more governance support will be provided to DAP members and Local Governments, where

required. No information has been provide on how or under what circumstances this support

will be provided.

14. Consistent, set DAP meeting dates to which applications are assigned. Applications and

meeting dates published on DoP website. (51% Support, 26% Support and should be a high

priority). Respondents noted that while this might not work in all DAP areas (for example

regional areas), a set schedule would provide transparency and consistency to the DAP

processes. A set schedule would also allow holiday periods (Christmas, Easter) to be taken

into account when scheduling meetings.

15. The dual approval process being streamlined & simplified (e.g. for applications concerning

State infrastructure). (58% Support, 19% Support and should be a high priority).

Respondents noted that the current system for dual approvals could be more streamlined,

which would eliminate red tape for applicants.

It should be noted that third party appeals was not put forward at the WALGA workshop as a

suggested amendment, as this is contrary to WALGA’s current policy position. The idea, however,

of a ‘DAP decision review process’ was raised which 55% of respondents support or support as a

high priority amendment. Respondent’s comments include the possibility of review by a planning

‘ombudsman’ as a Local Government right of appeal.

Conclusion:

WALGA’s DAP Suggested Amendments Survey builds on the Association’s previous engagement

with Local Government and research into the operation of DAPs. The survey results highlight the

following:

The majority of respondents prefer no opt in minimum and no mandatory referral thresholds

for DAP referral;

If development value thresholds remain, the majority of respondents (62%) prefer that

thresholds vary between development proposal types;

Respondents support applications which could otherwise be delegated to an officer not

being subject to the DAP process;


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If a DA is compliant, respondents did not see any benefit in referring the application to a

DAP; and

Of the top 15 suggested amendments, most were administrative in nature and would serve

to increase transparency, consistency and relieve the burden the DAP process places on

Local Government.

The Minister has announced plans to make changes to the DAP system. A number of the changes

announced by the Minister address, in whole or in part, changes contained in some of the

amendments suggested by WALGA that have been supported by survey respondents. As the full

details of the Minister’s changes have not been released, it is anticipated that these suggestions

can also be considered but the Minister as part of any ongoing review of DAPs.


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Attachment 1: List of suggested amendments in order of support

Based on the rating average for all responses, the 37 proposed amendments are listed in order of

highest to lowest support:

1. DAPs to provide detailed reasons for decisions which differ to the RAR.

2. Form 2 applications be delegated to Local Government where the proposed amendments

are supported by the LG.

3. DoP to provide a secretariat with responsibly for minute taking at DAP meetings.

4. Training / briefings sessions for DAP members about Local Planning Scheme provisions.

5. DAP Panel Member criteria amended with stronger emphasis on specialists having planning

experience.

6. The DoP/WAPC to manage community questions and queries about DAP process and

meeting schedules.

7. DAP rules governing conflict of interests to be same as those for Local Government.

8. The DoP to share legal advice with Local Government and Local Government having access

to advice from State Solicitors Office.

9. Clearer guidance on 'councils' role in the DAP process.

10. DAP meetings cannot be closed to local government representatives.

11. DAP Application Fees (including Form 2 apps) being revised to operate on a full cost

recovery basis, taking into consideration the costs of assessing an application, hosting

meetings and managing public consultation, attending SAT etc.

12. Permitting Local Governments to 'stop the clock' at any time.

13. DoP to provide a governance representative at DAP meetings to answer relevant

questions & ensure compliance with the DAP members Code of Conduct and DAP meeting

procedures.

14. Consistent, set DAP meeting dates to which applications are assigned. Applications and

meeting dates published on DoP website.

15. The dual approval process being streamlined & simplified (eg for applications concerning

State infrastructure).

16. Applications not able to being to be submitted immediately prior to holiday periods - or if

alternatively application timeframes automatically extended if they are.

17. Development conditions template/guidance to help 'standardise' conditions.

18. Mandatory pre-lodgement process for DAP applications.

19. DAP meeting to be minuted in the same way as Local Government Council minutes

20. Alternative recommendations to be circulated at least 24 hours prior to DAP meetings.

21. Consistent meeting procedures and meeting room layout/facilities with seating for public.

22. An overall head/chair of the DAP system being appointed and presiding members meeting

regularly in a forum to ensure consistency.

23. Processing times for those applications requiring advertising being extended.

24. The number of applications per meeting needs to be better managed. A lot of officer’s time is

used sitting through other LGs DAs.


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25. Conditions that remain from previous approvals should be listed in Form 2 approval notices.

26. Ensuring consistent DAP Panel members through the lifetime of an application (DA,

deferred, Form 2 & SAT appeals)

27. DoP to assist smaller councils with DAP applications if they have several and this is affecting

their ability to process other non-DAP DAs.

28. More time and/or more efficient process for contacting submitters.

29. DAP Decision review process

30. DAP meeting agenda being published 10 working days prior to DAP meetings.

31. Briefing forum with panel members prior to DAP meeting.

32. Allow direct communication between DAP panel members and RAR officers.

33. DAP meetings to be more accessible to the community, with meetings held in evenings and

in appropriate locations to allow greater community attendance.

34. Term limits for DAP panel members.

35. RAR template to be revised.

36. The inclusion of DAP regulations within the LPS regulations, deemed provisions.

37. Deputations be limited to one for, and one against a proposal.

Attachment 2: 13 October 2016 announced changes to DAP system

On 13 October 2016, the Minister for Planning announced changes to the DAP system. The proposed changes are:

Provide an option to opt-out of a DAP in favour of a local government for developments,

such as industrial warehouses, that will not significantly impact local amenity.

DAP agendas will be published at least seven days before a meeting - instead of the current

five days - to provide greater advance notice to the public.

Local governments will be required to proactively contact each person who has provided a

written submission in relation to a DAP application, to inform them of when the meeting will

take place.

Responsible authority reports to include more information about why decisions can be made,

to ensure that the decision-making process is clearly communicated and can be better

understood.

DAP members and local governments to be provided with more governance support, where

required.

DAP presiding members will be able to intervene in the 'stop-the-clock' process if parties

disagree about the level of information that has been provided for an application.

Provide proponents with the option to choose between a local government or a DAP when

requesting an amendment to a minor aspect of an existing development approval (Form 2).

Empower the Minister for Planning to remove DAP members who do not undertake the

appropriate DAP training.

The maximum term of office for DAP members can be extended if a vacancy is waiting to be

filled.

Add a reference to the DAP regulations that all Form 2 minor amendment meetings should

be open to the public.

Changes to the DAP fee structure.

5.6 Amendment to State Planning Policy 3.1 – Residential Design Codes – Minor Amendments (05-015-02-0002 VJ) WALGA State Council Meeting December 2016

Page 100

5.6 Amendment to State Planning Policy 3.1 – Residential Design Codes – Minor Amendments (05-015-02-0002 VJ)


Recommendation

That the interim submission to the WA Planning Commission regarding minor amendments

to State Planning Policy 3.1 – Residential Design Codes be endorsed.

In Brief

In August 2016, the WA Planning Commission (WAPC) released proposed changes to the State

Planning Policy 3.1 – Residential Design Codes (RCodes) to address the misinterpretation and

inconsistency of application of certain provisions of the RCodes and to align with the new Local

Planning Scheme Regulations.

The proposed changes are mostly minor in nature.

An interim submission was prepared to meet the WA Planning Commission’s deadline of the 10

October 2016.

Attachment

Interim submission to the WA Planning Commission on the proposed amendments to the

Residential Design Codes.


Key Strategies





Policy Implications

This item is consistent with submissions that have been made on various amendments to the

RCodes endorsed at State Council meetings in December 2014 (Resolution 120.5/2014),

December 2011 (Resolution 142.7/2011) and April 2010 (Resolution 39.2/2010).


Nil.

Background

In August 2016, the WAPC released proposed changes to the RCodes for public comment. The

main changes propose to address stakeholder concerns regarding misinterpretation and

inconsistency of application of certain provisions of the RCodes.

The Department of Planning has advised that the changes aim to improve use and clarity, address

anomalies and to align the RCodes with the Planning and Development (Local Planning Schemes)

Regulations, including:


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Removal of site area design principles

Amended grouped and multiple dwelling definitions

Reduce setback for walls with major openings for wall heights 3.5 metres or less from 1.5

metres to 1.2 metres

Solar access applying to wall height greater than 3.5 metres

Introduce a new streetscape appearance ‘deemed-to-comply’ clause

Clarification of ancillary dwellings construction standards

Clarification of driveway/crossover locations

Reduce the minimum number of aged or dependent persons’ dwellings in any single

development from 5 to 2.

Comment

The majority of the proposed changes are supported as they are only minor edits/changes to assist

in interpretation. A few concerns are raised with several of the proposed amendments, as they

could be worded better or simpler.

The main ‘not supported’ items related to the reduction in the minimum number of aged and

dependant persons dwellings, as no other clauses within this section have been altered which may

lead to unintended consequences.

Also of concern is the blanket change to the deemed to comply side setback for walls with major

openings for wall heights 3.5 metres or less from 1.5 metres to 1.2 metres, as it is for all lengths of

walls (even walls longer than 25m), which could have major impact in infill areas where long walls

are proposed and limited eaves will be provided.

The Department of Planning’s justification for this change is not robust enough to warrant such a

major ‘minor’ amendment. The importance of the R-Codes is such that the policy provisions contain

within the Code should be robust and supported by a clear evidence base.

During the public advertising period for the proposed amendments, comment was sought from the

Local Government sector to inform the preparation of the interim submission. Only two submissions

were received from the City of Cockburn and the Shire of Peppermint Grove (City of Joondalup’s

submission was received after the interim submission was sent to the Executive Committee).

In accordance with State Council policy, the interim submission was referred to the Executive

Committee for endorsement, and support of the submission was obtained. The interim submission

was therefore submitted to the WA Planning Commission to meet the public comment period

deadline of 10 October 2016.


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WALGA INTERIM SUBMISSION – PROPOSED RCODES AMENDMENTS Support 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 16, 17, 18, 19 ,20, 22, 25, 26, 28, 29

Conditionally Support 11, 15, 21, 27, 30

Not Supported 14, 24, 31

No. Details of proposed amendment Department of Planning comment WALGA Response

1. Modify replacement dates on title page to 2 August 2013 and 23 October 2015

Administrative change. Support

2. Modify contents page as follows: • replace ‘planning approval’ with ‘development approval’

under clauses 2.3 and 3.1

• replace ‘R30’ with ‘R40’ under Appendix 1 Definitions text relating to Table 1 and Table 4

Administrative change to correct anomaly. Support

3. Remove sub-contents pages in Parts 1 – 6, Tables and Figures

Administrative change. Main contents page sufficient.

Support

4. Modify clause 1.4 as follows: • Replace ‘R30’ with

‘R40’

Administrative change to correct anomaly. Support

5. Modify clauses 2.1.2, 2.1.3, 2.2.1, 2.2.2, 2.3, 3.1 and 4.1.2 as follows:

• Replace ‘planning approval’ with ‘development

approval’

Align with LPS regulations. Support

6. Amend clause 2.2.2 as follows: • insert ‘*’ after ‘single house’ and corresponding note at the

end of the clause as follows: ‘Note:

*includes the erection or extension to a single house, ancillary dwelling, outbuilding, external fixture, boundary wall or fence, patio, pergola, verandah, garage, carport or swimming pool – refer to Schedule 2, Clause 61 (c) and (d) of the Planning and Development (Local Planning Schemes) Regulations) (as amended).’

• Replace ‘(or other application as determined by the decision maker)’ with ‘under the scheme’

Align with LPS regulations. Support The word ‘scheme’ will need to be in bold and hyper-linked to the definitions in Appendix 1


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7. Modify clause 3.1 as follows:

• Amend the text following point (c) as follows: an application shall be made to the decision-maker on the appropriate application for development approval form (refer to Schedule 2, Clause 62 and 86 of the Planning and Development (Local Planning Schemes) Regulations (as amended).

Align with LPS regulations. Support

8. Modify clause 3.2.1 as follows:

• replace ‘determined by the decision maker’ with

‘required under the scheme’

Align with LPS regulations. Support The word ‘scheme’ will need to be in bold and hyper-linked to the definitions in Appendix 1

9. Modify Part 3 Accompanying information - Application information matrix as follows:

• Amend the Outbuildings application type column as

follows: Outbuildings/external fixtures/patios/pergolas/verandahs/garages/ carports

Align with LPS regulations and improve clarity.

Support.

Additional consideration for Part 3 Accompanying Information – provide greater linkages with the waste management considerations of the LPS Regulations. Schedule 2, Part 9 cl. 67 (u)(iii)


• Delete ‘, or other approval process as used by the decision

maker,’

Administrative change to correct anomaly. No alternate approval process available under the LPS regulations.

Support


• Delete P1.1, P1.2 and P1.3 under the design principles

column and replace with: Note: Site area unable to be varied under design principles via the development application process. WAPC is able to vary through subdivision policy and application process (refer C1.4ii).

Existing design principles are often misinterpreted by stakeholders as providing an option for site/lot area to be varied under the development process. WAPC has sole power to vary site/lot area via subdivision process.

Conditional Support

The removal of all the Design Principles and replacement with a ‘Note’, results in 5.1.1 Site area having no design principles attached to the Clause, which makes it the only Clause in the RCodes without one. This should be addressed and a broad Design Principle created to state the intent of this provision.

The existing Note in the ‘Deemed to Comply’ column may also need to be edited, if the new note is included.

Also need to include an additional word within the new text ‘Note: Site area is unable…”


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• Amend last dot point under P2.2 to: Positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

• Amend C2.4 to: A porch, balcony, verandah, chimney or the equivalent may (subject to the Building Code of Australia) project not more than 1m into the street setback area. Projections up to 1m are not subject to a compensating area, provided that the total of such projections does not exceed 20 per cent of the building façade as viewed from the street (refer Figure 2b). Projections greater than 1m and exceeding 20 per cent of the building facade at any level are subject to an equivalent open area under clause 5.1.2 C2.1iii.

The additional text in P2.2 allows future development context outlined in the local planning framework to be considered in an assessment against the design principles.

C2.4 commonly misinterpreted by stakeholders. The change provides application and interpretation clarity.

Support.

If C2.4 is commonly misinterpreted, then it is suggested that a series of examples is provided in a FAQ or within the Explanatory Guidelines, to ensure that the application of this new wording is also clearly understood.

13. Modify clause 5.1.3 as follows: • Amend P3.1 as follows:

Buildings set back from lot boundaries or adjacent buildings so as to:

• Amend final dot point under P3.2 to: positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

• Modify note after C3.3 as follows: The term ‘up to a lot boundary’ means a wall, on or less than 600mm from any lot boundary (green title or survey strata lot), other than a street boundary.

The additional text in P3.1 rectifies an anomaly where setbacks between buildings on the same lot were not covered.

The text in P3.2 allows future development context outlined in the local planning framework to be considered in an assessment against the design principles.

The modification to the note relating to lot boundaries is to clarify it relates to both green title and strata boundaries.

Support

14.

Modify clause 5.2.3 by inserting new deemed-to-comply requirement as follows:

C3.3 For battleaxe lots or sites with internal driveway

access, at least one major opening from a habitable room of the dwelling faces the approach to the dwelling.

The change provides application and interpretation clarity for sites accessed via a battleaxe leg or internal access driveway.

Not supported.

This duplicates the wording in Clause 5.2.3 C3.2

“At least one major opening from a habitable room of the dwelling faces the street and the pedestrian or vehicular approach to the dwelling”

It would be simpler to change the underlined and in the clause above to an ‘and/or’ and it achieves the same outcome.


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15. Insert the following new clause after clause 5.2.6 as follows: 5.2.7 Streetscape appearance

P7 Building mass and form that: satisfies objectives and design principles outlined in a relevant

streetscape local planning policy approved by the WAPC; • uses design features to articulate the building; • uses appropriate minor projections that do not detract from

the character of the streetscape; • uses major openings to facilitate street surveillance and

activation and minimises building façade taken up by garages, blank walls and servicing infrastructure; and

• positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

C7 Buildings comply with the requirements of a relevant streetscape local planning policy approved by the WAPC in accordance with clause 7.3.2 of the R-Codes.

The proposed streetscape appearance clause seeks to address unintended consequences of the Planning and Development (Local Planning Schemes) Regulations 2015 whereby R-Code compliant single houses bypass development approval (due to exemption under clause 61(1)(d)) and application of local planning policy. Local Planning Policy requirements will apply as if they are ‘read into’ the R-Codes provided WAPC approves.

Conditional support

This new clause repeats the majority of the existing Clause 5.1.2 Street Setback, specifically the majority of the wording in the existing clause P2.2.

The addition of the requirement for WAPC approval of a streetscape local planning policy should therefore just be placed into the existing Clause 5.1.2 P2.2 and the proposed new C7 clause renumbered to C2.5 adjacent to Clause 5.1.2. This would be easier than creating an entire new clause and repeating the same information in two places.

It also should be clearly explained to the local government sector how the WAPC anticipates that it will ‘approve’ the streetscape local planning policies. Is there going to be discussion with those LG’s who already have a streetscape policy on the elements that will be accepted and whether a model policy will be prepared by WAPC?

16. Modify clause 5.3.5 C5.3 second dot point as follows:

• No closer than 6m to a street corner as required under

AS2890.1 Parking Facilities: Offstreet Parking (as

amended); and • Insert Figure 3.1 Prohibited Locations of Access

Driveways from AS2890.1

The change provides application and interpretation clarity.

Support Assuming that the reference to inserting Figure 3.1 will occur within the Explanatory Notes of the RCodes rather than inclusion within the actual Clause 5.3.5, C5.3?

17. Amend clause 5.3.5 as follows:

• C5.4 second dot point to read: the distance from an on-site car parking space to the street is 15m or more; or


Support


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18. Amend clause 5.3.6 C6.1 as follows:

• Insert ‘(as amended)’ following ‘AS1428.1


19. Amend clause 5.3.8 as follows: • Modify C8.1 as follows:

Retaining walls greater than 0.5m in height set back

from lot boundaries in accordance with the setback

provisions of Table 1. Retaining walls 0.5m or less in

height may be located up to the lot boundary. • Delete C8.2. • Renumber C8.1 to C8.


Support

20. Amend clause 5.4.1 Note i. following C1.2 as follows:

• Replace ‘Codes’ with ‘Code’


21. Amend clause 5.4.2 C2.1 as follows: • Insert ‘for walls higher than 3.5m’ following ‘does not

exceed the following limits’

Proposal seeks to clarify solar access standards apply to walls with a height greater than 3.5 metres (generally single storey high walls). Wall height 3.5 metres or less will not trigger application of the solar access clause.

Conditional Support The location of the new wording may result in confusion as to whether the ‘wall’ is within the applicant’s property or on the adjacent property, therefore the new words should be included as: “Notwithstanding the lot boundary setback in clause 5.1.3, development in climatic zones 4, 5 and 6 of the State including walls higher than 3.5m shall be designed that its shadow….”


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22. Modify clauses 5.4.4 and 5.4.5 as follows:

• Modify the heading of clause 5.4.4 to ‘External fixtures, utilities and facilities’

• Relocate P5 from clause 5.4.5 to clause 5.4.4 following P4.1 and renumber to P4.2

• Relocate C5.1, C5.2 and C5.3 from clause 5.4.5 to clause 5.4.4 following C4.4 and renumber to C4.5, C4.6 and C4.7 respectively

• Modify renumbered C4.5 as follows: An enclosed, lockable storage area, constructed in a

design and material matching the dwelling where

visible from the street, accessible from outside the

dwelling, with a minimum dimension of 1.5m when

provided external to a garage and 1m when provided

within a garage and an internal area of at least 4m2,

for each grouped dwelling. • Delete all references to clause 5.4.5.

Administrative change to merge both clauses as they contain similar content.

Change to renumbered C4.5 reflects commonly accepted practice that where a storage area is provided within a garage, a 1m dimension is appropriate.

Support

In regards to ‘delete all references to Clause 5.4.5’, assuming that the reference won’t be removed, just that the reference itself will be changed to C5.4.4.

Additional consideration for current clause 5.4.5 C5.2 - specify that allowances have to be made for waste, recycling and organics bins as well as bulk waste. This amendment would apply for both (i) convenient location for pickup and (iii) area to store bins.


• Insert the following after C1:

Note: Where an ancillary dwelling provides for independent living (such as separate access, laundry and kitchen facilities), the ancillary dwelling may be considered as a separate dwelling for the purposes of the National Construction Code and additional or different construction requirements may apply. This may include an ancillary dwelling located under the same roof as the single house that provides independent living.

Change to provide clarification and early warning that an ancillary dwelling may be considered as a separate dwelling under the National Construction Code and additional or different construction standards may apply.

Support.

24. Modify clause 5.5.2 C2.1ii as follows:

• Replace ‘five’ with ‘two’

Change seeks to remove barriers to facilitate provision of aged and dependant persons’ dwellings by reducing the minimum number required in a single development from five to two.

Not supported.

Although this change may seem a minor text amendment, none of the other clauses within this section are being altered, therefore, all of the other provisions are still based on 5 dwellings, not the proposed minimum of 2. Will there be


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unintended consequences in not reviewing the other clauses, ie visitors parking, reduced outdoor living areas? Has there been a proper review of whether this changed would in fact result in the exactly same outcome as what could be achieved through the Ancillary dwelling provisions? There may also be the potential to achieve a higher density outcome on a smaller lot, given that this provision doesn’t specify a minimum lot area like that for Ancillary dwellings? This change should therefore be considered as part of a wider review of the RCodes rather than merely a minor text change.

25. Modify clause 6.1.4 P4.1 text preceding dot points as follows:

• Buildings set back from boundaries or adjacent

buildings on the same lot so as to:


Support

26. Modify clause 6.3.5 C5.3 second dot point as follows:

• the distance from an on-site car parking space to the

street is 15m or more; or


Support

27. Modify clause 6.4.2 C2.1 as follows:

• Insert ‘for walls higher than 3.5m’ following ‘does not

exceed the following limits’

Proposal seeks to clarify solar access standards apply to walls with a height greater than 3.5 metres (single storey high walls). Wall height 3.5 metres or less will not trigger application of the solar access clause.

Conditional Support

The location of the new wording may result in confusion as to whether the ‘wall’ is within the applicant’s property or on the adjacent property, therefore the new words should be included as: “Notwithstanding the lot boundary setback in clause 5.1.3, development in climatic zones 4, 5 and 6 of the State including walls higher than 3.5m shall be designed that its shadow….”


Page 109


28. Modify clauses 6.4.5 and 6.4.6 as follows:

• Amend title of 6.4.5 to External fixtures, utilities and facilities;

• Relocate P6 from clause 6.4.6 to clause 6.4.5 following P5.2 and renumber to P5.3;

• Relocate C6.1, C6.2 and C6.3 from clause 6.4.6 to clause 6.4.5, following C5.4 and renumber to C5.5, C5.6 and C5.7 respectively;

• Modify renumbered C5.5: An enclosed, lockable storage area, constructed in a

design and material matching the building/dwelling

where visible from the street, accessible from outside

the dwelling, with a minimum dimension of 1.5m when

provided external to a garage and 1m when provided

within a garage and an internal area of at least 4m2

shall be provided for each multiple dwelling; • Delete all references to clause 6.4.6.

Administrative change to merge both clauses as they contain similar content.

Change to renumbered C5.5 reflects commonly accepted practice that where a storage area is provided within a garage, a 1m dimension is appropriate.

Support

In regards to ‘delete all references to Clause 6.4.6’, assuming that the reference won’t be removed, just that the reference itself will be changed to C6.4.5.

Additional consideration for current clause 6.4.6 C6.2 - specify that allowances have to be made for waste, recycling and organics bins as well as bulk waste. This amendment would apply for both (i) convenient location for pickup and (iii) area to store bins.

29. Modify clause 7.3 as follows:

• Modify the heading as follows: Scope of local planning policies, local development plans and activity centre plans

• Modify clause 7.3.1 text preceding point (a) as follows:

Local planning policies, local development plans and activity centre plans may contain provisions that: • Modify 7.3.2 as follows:

Replace ‘local structure’ with ‘activity centre’.

Align with LPS regulations.

Support

Reference in C7.3.2 should be to an ‘Activity Centre plan’ rather than just an ‘Activity Centre’.


Page 110


30. Modify the following definitions:

Grouped dwelling A dwelling that is one of a group of two or more detached or

attached dwellings on the same lot which are not located

above or below another dwelling or another type of building

other than a garage, and includes a dwelling on a survey

strata lot with common property but does not include an

ancillary dwelling.

Local planning strategy A document which supports the preparation and review of a

scheme in accordance with Part 3 of the Planning and

Development (Local Planning Schemes) Regulations 2015.

Local structure plan A planning document prepared and approved under the

provisions of the scheme which provides a framework for the

planning and coordination of land use, development and

subdivision.

Multiple dwelling

A dwelling: • in a building containing two or more dwellings; or

• in a mixed use development. but does not include a grouped dwelling.

Grouped and multiple dwelling definitions

Changes proposed or clarity and to align definitions with National Construction Code building classifications.

Local planning strategy Administrative change to refer to the Planning and Development (Local Planning Schemes) Regulations 2015.

Local structure plan Change to align with the Planning and Development (Local Planning Schemes) Regulations 2015 by removing the word ‘statutory’.

Conditional Support

If the objective is to align the multiple dwelling definition with the National Construction Code, ie Class 2 buildings, then this reference should be included in the definition (like has been done for the wording within # 23 of these proposed changes).

This will ensure that the form of the building permitted on the site will result in all dwellings being located above each another, as intended as a multiple dwelling development, and not pose any potential ‘grey’ area that could be interpreted differently by the Development Industry or

debated at length in SAT (as in Ellis and City of Stirling [2014] WASAT 172 ).

It is also unclear whether this new definition actually addresses the concerns raised within

Ellis and City of Stirling [2014] WASAT 172.

31. Modify Table 2b: Boundary setbacks – Walls with major openings as follows:

• Modify boundary setback for wall height of 3.5m or

less to 1.2m

A 1.2m setback for a wall with a major opening for wall height of 3.5 metres or less (single storey) provides slightly greater design and lot use efficiency opportunities than a 1.5m setback.

Not Supported

It is unclear whether all of the 1.5m setback provisions are proposed to be changed, all of the walls with major openings at 9m or less right up to walls over 25m, i.e. there are 14 references to 1.5m for walls of height 3.5m or less.

The Department of Planning advised that this is the standard for residential development in Victoria, and that the WA development industry


Page 111


had requested the reduction in side boundary setbacks to allow for wider internal passageways for the development of aging in place accommodation. The 1200mm setback now proposed is based on the Australian Standard for universal access, which though laudable in itself, should not form the sole basis for determining building setbacks. There is also no guarantee that if this setback standard was reduced to 1200mm that builders would actually widen the internal passage ways of houses.

It seems unlikely that such a permanent reduction in side boundary setbacks for the single storey component of a dwelling should be contemplated irrespective of either the size or frontage of a lot. Furthermore, no evidence has been provided as to the current setbacks requirements being an issues other than the need to careful design a dwelling.

One of the unintended consequences of such a reduced setback is not only the visual impact as outlined, but it would reduce the ability to provide eaves. There has been much criticism of recent housing design with little or no eaves to protect exterior walls from heat gain. Under the current setback requirements 750mm eaves can be achieved for most of the perimeter of a single storey house. This would be reduced to a maximum of 450mm if the 1200mm setback proposed became the new minimum standard.

Therefore the change for walls of 9m or less is supported, i.e. only one 1.5m requirement is being changed within this table, not all of the setback requirements in the first line of the table.

5.7 Draft State Planning Policy 1 – State Planning Framework (05-036-03-0059 VJ) WALGA State Council Meeting December 2016

Page 112

5.7 Draft State Planning Policy 1 – State Planning Framework (05-036-03-0059 VJ)


Recommendation

That the WA Planning Commission be advised that WALGA supports the draft State

Planning Policy 1 – State Planning Framework.

In Brief The WA Planning Commission has released a draft State Planning Policy 1 (SPP1) – State

Planning Framework for public comment until 24 December 2016.

The draft State Planning Policy 1 is more concise than the existing SPP1 and provides greater

clarity in the hierarchy and application of the various planning instruments for WA.

Attachment The Draft State Planning Policy 1 is available at:

https://www.planning.wa.gov.au/publications/9785.asp


Key Strategies







State and Federal Government;

Develop simple and consistent messages that are effectively articulated; and

Promote WALGA’s supplier agreements to assist Local Governments.

Policy Implications Nil.


Background State Planning Policy 1 - State Planning Framework Policy (SPP 1) brings together existing State

and regional policies, strategies, plans and guidelines within a central State Planning Framework. It

sets the context for decision-making on land use and development in Western Australia.

SPP 1 provides a comprehensive list of all WA Planning Commission (WAPC) policies and outlines

how they relate to each other to guide integrated decision-making across all levels of planning. It

does not introduce new policies. SPP 1 was first gazetted on 22 December 1998. The current

version (Variation 2) was gazetted in February 2006.


Page 113

Comment An updated draft State Planning Policy 1 (Variation 3) has been released for public comment until

24 December 2016, and proposes the following changes:

New WA Planning Framework diagram which clearly outlines the hierarchy of planning

instruments in WA.

The ‘General Principles for Land Use Planning and Development’ have been reordered, so that

they align with the State Planning Strategy 2050 (adopted in 2014).

The ‘General principles’ includes an updated section on Regional Development.

The ‘General principles’ now includes a new section on Governance, which emphasises that

planning decisions should apply policy consistently and be made in a timely manner.

The new SPP formalises WAPC Position Statements on issues previously announced in

Planning Bulletins.

A proposed ‘Manuals and Guidelines’ category provides detailed guidance on the application of

Western Australian Planning Commission (WAPC) policies and therefore are acknowledged

within the Framework.

A proposed ‘Position Statements’ category provides for policy positions of the WAPC on

particular subjects that fall outside the role of the two existing categories of policies (State

Planning Policies and Development Control policies). Existing Planning Bulletins that are policy

positions are to be renamed Position Statements and included in the framework. The remainder

of the existing Planning Bulletins, and those in the future, will be limited to providing advice on

recent changes to legislation, policy and practice, and providing clarification relating to policy

interpretation, planning practice and subdivision and development control. As such, they will not

form part of the planning framework

New Table 1 listing all State Planning Policies, Strategies and Guidelines, which will be updated

from time to time.

The new section on Governance will be of interest to members:

Governance

Principle: To build community confidence in development processes and practices Governance

ensures decision-making processes which are informed by policy and focused on delivering

planning and development outcomes that reflect the public interest. In carrying out their

responsibilities under the State’s planning legislation and policy framework, planning decision

makers should demonstrate sound governance by:

i. Ensuring policy is based on proper planning principles and practice,

subjected to public consultation processes and reviewed regularly to ensure

currency.

ii. Ensuring decisions articulate the planning instruments and policies relevant to

a proposal, apply policy consistently and are made in a timely manner.

iii. Assessing planning proposals on their merits, applying discretion where

justified, and clearly articulating the reasons for any departures from policy.

iv. Providing appropriate opportunity for public participation in decision making

processes.

This section of the SPP will therefore also require the WAPC and Development Assessment Panels

to clearly articulate their use of discretion and articulate any reasons for making a decision that

does not align with policy provisions.

https://www.planning.wa.gov.au/dop_pub_pdf/SPP_1_State_Planning_Framework.pdf


Page 114

Overall the new SPP1 is more concise that the existing SPP1 and provides greater clarity in the

hierarchy and application of the various planning instruments for WA. The revised document only

proposes revisions to the text, without changing the actual intent of the provisions or changing the

overarching intent of the SPP. A formal submission on the SPP1 was not considered necessary,

however, it is recommend that WALGA formally advise the WAPC that the revised SPP 1 is

supported.

5.8 LG Risk Vision Risk Management System (03-051-01-0001 JL) WALGA State Council Meeting December 2016

Page 115

5.8 LG Risk Vision Risk Management System (03-051-01-0001 JL)

By John Lane, Coordinator Emergency Management Policy

Recommendation

That LG Risk Vision be endorsed for use by Local Government in Western Australia.

In Brief

At the September 2013 meeting of State Council, Resolution 250:4/2013 was passed in support

of further development of the Community Emergency Risk Assessment Tool as the preferred

emergency risk assessment tool for Local Government in Western Australia.

Following an intensive development and trial process, WALGA has designed and produced the

LG Risk Vision emergency management risk system.

The State Emergency Management Committee (SEMC) Risk Subcommittee at its 9 November

2016 meeting noted the development by WALGA of LG Risk Vision and proposed a process

toward acknowledgement as a compliant system.

Attachment

Nil.


Key Strategies



Governments;


and



Continue to build capacity to deliver sustainable Local Government; and








Policy Implications

In March 2013 the WALGA State Council Resolution 168.1/201 (Building Local Government

Capacity in Emergency Management Project Advocacy Strategy) provided for a number of

strategies, to be coordinated by the Association but which may be delivered in partnership with the

State Government.


Page 116

The four most relevant strategies are as follows:

4. Build and strengthen the capacity of Local Emergency Management Committee’s to address their

legislated responsibilities.

7. Improve Emergency Management coordination across the State.

8. Strengthen the risk assessment and management approach to Emergency Management.

9. Build the capacity of Local Governments to support community disaster resilience building.


WALGA approved a major business case submission for the development of the Local Government

Emergency Risk Management Tool (LG). The capital budget for the ERAD project of $90,000 was

approved by State Council on 8 June 2016.

Background

At the September 2013 meeting of State Council the following resolution endorsed the further

development of a risk management tool known then as the Community Emergency Risk Assessment

Tool (CERAT).

WALGA State Council Resolution 250.4/2013:

1. That the Community Emergency Risk Assessment Tool be endorsed for further development as

the preferred emergency risk management tool for Local Government in Western Australia.

2. That WALGA seek the support of the State Emergency Management Committee for the

development of the Community Emergency Risk Assessment Tool database and

implementation across the Local Government sector.

Comment

Since the passing of Resolution 250.4/2013 considerable effort has been expended in the

development of a suitable emergency risk management tool for use by Local Governments.

Following trials conducted with a number of Local Governments across the State and with further

enhancement of the CERAT, a tool originally sourced through the Victorian State Emergency

Service, it was found that the tool was not compliant with current risk management standards and

was not suitable for further development for application in WA.

A decision was taken by the WALGA Emergency Management Coordinator to suspend the trial of

CERAT and to design and build a fully compliant emergency risk management tool for use by

Local Government in Western Australia. The initial development commenced with the production of

a comprehensive macro enable Excel spread sheet tool. This product became known as the

Emergency Risk Assessment Database (ERAD). The ERAD development continued until early

2016 and involved extensive trials through Local Government risk management programs.

Throughout the development of the ERAD approximately 500 hours in all, close liaison with the

State Risk project was maintained and feedback on its development was sought.

WALGA corresponded with the State Emergency Management Committee through the Secretariat

for the endorsement of the ERAD as compliant with AS/NZS 31,000:2009 Standard for Risk

Management and the National Emergency Risk Assessment Guide 2015. The Secretariat declined

on that occasion to endorse the ERAD but identified an opportunity to work with WALGA in the


Page 117

further development of the tool. The capital budget for the ERAD project of $90,000 was approved

by State Council on 8 June 2016.

WALGA engaged the services of Integranet Group the company responsible for the construction

and commissioning of the new look WALGA Website to design the system.

Renaming and branding

Since the first development phase undertaken by WALGA the risk system has been referred to by

various names including the CERA, ERAD and LGERMS. Consideration of an appropriate name for

the product has been considered by WALGA Marketing and Media. The final name by which the

system will be known is LG Risk Vision.

LG Risk Vision will be located within the WALGA official website on the Local Government

Subscriptions page. Inclusion under the subscriptions section is for convenience only and Local

Governments will be granted access free of charge providing they are members of WALGA.

The system guides the user through the agreed risk management process allowing each Local

Government to:

build a profile of their Local Government;

select hazards that may impact their Local Government;

Select hazards based on information for further analysis;

Build credible worst case hazard scenarios on which to base the risk analysis;

Build risk statements for inclusion in a risk register;

Add, analyse and edit risk statements;

Prepare, log and track treatment options;

Produce risk analysis reports; and

The system is fully editable through all stages of the risk management process and will back

capture all changes.

Integration of LG Risk Vision with State Risk Project – Local

The State Risk Project announced in October the commencement of the State Risk Project – Local,

with the first of the workshops for Local Government cluster groups to be conducted in South West

at Albany followed by further workshops across the State.

The workshops will focus on providing information about a selected number of hazards or sources

of risk such as storms, earthquake, fire etc. and instruction on the conduct of risk analysis and

assessment processes. Following these initial workshops, Local Governments will be required to

work through the risk management process over the following 18 months, enabled by their own

resources. LG Risk Vision has been designed to support members to a standard which is compliant

with State Risk Project – Local.

At the November 9 meeting of the SEMC Risk Subcommittee WALGA submitted an agenda item in

relation to the adoption of LG Risk Vision and provided the subcommittee with a presentation of the

Risk Vision capability. The outcome sought is that the subcommittee recommend that the SEMC

Secretariat recognise LG Risk Vision as being compliant with NERAG 15.


Page 118

Roll-out and training

Following the official launch on 1 December, WALGA will commence a roll-out program to ensure

as near as practicable 100% take-up of LG Risk Vision by member Councils. This program will

involve both promotion and training.

WALGA has prepared a two minute marketing and promotional video which will be distributed to all

Chief Executive Officers. In order that their respective Local Emergency Management Committees

are also appraised of LG Risk Vision the CEOs will be encouraged to pass it to their respective

Chairs.

As part of the roll-out strategy, WALGA will align its awareness and training campaign with the State

Risk – Local project to ensure that the local governments participating will have full access to LG

Risk Vision including training.

Training for LG Risk Vision will be conducted across the State by regions using the Webinar

technology. Regional groups will join WALGA training staff in Webinar sessions of one hour

duration that will provide guidance on various aspects of the software. These Webinar sessions will

be recorded for future download and viewing at any time by registered users. By utilising the

Webinar technology, training will be conducted in a timely and cost effective manner.

For those Councils located in areas where the required internet speed is deficient, the Webinar will

be recorded for playback later. These recordings will also be posted on the WALGA website for

viewing by users at any time.

5.9 Interim Submission in response to the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million People and Beyond’ (05-001-03-0049 MM))


5.9 Interim Submission in response to the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million People and Beyond’ (05-001-03-0049 MM)

By Marissa MacDonald, Policy Officer – Transport and Roads

Recommendation

That the interim submission in response to the ‘Transport @ 3.5 Million: Perth Transport

Plan for 3.5 Million People and Beyond’ be endorsed.

In Brief

The State Government released the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5

Million People and Beyond’ for consultation closing on 28 October.

The vision for the plan is to ensure Perth remains one of the most liveable cities in the world,

one that is vibrant, connected and productive. The plan covers many aspects of urban land

transport including public transport, road network, freight, active transport and travel demand

management.

Extensive consultation was undertaken with senior Local Government officers, including a

workshop, to identify regional and city-wide matters of interest to inform the interim submission.

Key issues raised include the lack of aspirational and measureable outcomes, low mode-share

expectations for public and active transport outside of the CBD peak hour travel requirements,

limited engagement with Local Governments in producing the Plan, and the lack of evidence in

the supporting documents to show the strategic framework for the transport route or mode

recommendation.

Attachment

Interim Submission in response to the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million

People and Beyond’.


Key Strategies


















Develop simple and consistent messages that are effectively articulated;

Policy Implications

Nil.


Nil.

Background

The Department of Transport, together with the Public Transport Authority and Main Roads WA,

developed the ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million People and Beyond’

(the Plan). The Plan is based on the WA Planning Commission’s draft ‘Perth and Peel @ 3.5 Million’

planning framework and aims to align with the ‘Perth and Peel Green Growth Plan’. Further

transport modelling was utilised including Main Roads Regional Operations Model (ROM24), the

Strategic Transport Evaluation Model (STEM) and the ‘Mass Rapid Transit’ study by the Planning

and Transport Research Centre (PATREC).

The vision of the Plan is to ensure Perth remains a ‘vibrant, connected and productive’ city. The

Plan has established five key objectives to support this vision:

Optimise the use of the existing network and as it grows;

Integrate with land use and across the public transport, active transport and road networks;

Deliver high frequency, ‘turn up and go’ mass rapid transit connected with effective public

transport feeder services;

Provide a safe, connected network of primarily off-road cycleways and walkways; and

Maintain a free flowing freeway and arterial road network for the efficient distribution of people

and freight.

The Plan has four distinct sections addressing public transport, road network, active transport and

freight networks. For each component of the network there are underlying planning principles to

guide the decisions on route selection and mode of transport. The travel demand measures

(‘optimising the system’) are provided in a fifth section and the Plan ends with the potential impact

of future trends (e.g. autonomous vehicles). In addition to the main Plan, there are five separate

supporting plans providing an extra detail on the public transport, road network, active transport

network and freight network, and travel demand measures.

The Plan was released for three months of public consultation closing on 28 October. The State

Government held briefings with Local Government Elected Members, Chief Executive Officers and

Managers in August.

In September the Association held a workshop with Elected Members and senior staff from the

Local Government sector to identify and develop a response to the Plan. The feedback from the

workshop has informed the interim submission. A draft of the submission was distributed to

workshop participants and feedback sought to verify that the key issues were effectively addressed.



Comment

Vision, Objectives and Outcomes of the Plan

The Plan’s objectives and outcomes require revision because:

The objectives focus specifically on the efficiency and effectiveness of the transport system.

There are however other areas which also contribute to the vision of a vibrant, connected and

productive City. These include safety, environment, health and social objectives.

It is unclear whether the projects proposed in the Plan (and those alternative projects not

proposed) have been assessed against these objectives and how they perform.

Although the 'outcomes' included in the Plan are measurable, these are not directly related to

the objectives. The three outcomes are all related to mode share and primarily focused on

transport to and from the CBD. Given the plan covers the whole Perth region, geographically

broader outcomes must be monitored.

There are no interim measures to measure the progress over time.

Furthermore the Plan requires a more aspirational mode shift towards public transport and active

transport. Currently the outcome of the Plan intends to have approximately a 2% increase in

cycling, 1% increase in walking and 5% increase in public transport by the time the population of

Perth reaches 3.5 million.

Public Transport

The Plan proposes increased public transport connections between the strategic activity centres

identified by the State Government. The major focus of the Plan is to improve the transport network

leading into and out of the CBD, and does not adequately consider the rest of the metropolitan area.

While the Plan acknowledges that the WA Planning Commission has set a residential infill target of

47% and employment decentralisation in activity centres through the Perth and Peel @ 3.5 Million

plan, it fails to provide the appropriate balance of transport options required to support this target.

The strategic metropolitan centres identified by the State Government are Armadale, Cannington,

Fremantle, Joondalup, Mandurah, Midland, Morley, Rockingham, Stirling and Yanchep. In the

current State Planning Policy 4.2 Activity Centres for Perth and Peel it states that the transport

connectivity and accessibility in strategic metropolitan centres should be an important focus for

passenger rail and high frequency bus networks. These strategic metropolitan centres should have

a higher focus in the Plan.

Currently Perth’s rail infrastructure is approximately 180km in length with 70 stations for a

population of approximately 2 million spread over 5,500 km2. The Plan aims to extend the rail

infrastructure to almost 300km and introduce light rail by a population of 3.5 million people. There

are concerns that this is not enough to support the future population.

Road network

The Plan’s supporting documentation should include the vision for the road hierarchy at 2.7 million,

3.5 million and beyond 3.5 million people. This supporting document shows the current road

hierarchy. However, the vision for the road hierarchy at 2.7 million, 3.5 million and then beyond 3.5

million has not been included. The function and responsibility for roads is a key issue for Local

Governments when preparing strategic land use plans, and in developing community strategic



plans. The Plan provides an ideal opportunity to ensure that State and Local Governments

understand and share a vision for how the road network will develop and be governed into the

future.

Freight network

The State Government has determined that “the aspirational goal is for rail to achieve a 30 per cent

market share for haulage of containers to/from the metropolitan container port facilities”. There is,

however, almost no new proposed freight rail investment in this Plan to support this aspiration. The

Plan also states that “the Western Australian Government has committed further support to promote

increased use of rail for transporting container freight to and from the port of Fremantle’s Inner

Harbour and has approved the continuation of the rail subsidy until 2021-22. Funding support

beyond this date will be subject to further review.” There is no new funding beyond 2022 for the

Inner Harbour and there is no funding allocated for any new freight rail projects at or beyond 3.5

million. The Plan should include new rail freight infrastructure to ensure that rail has “a larger role in

moving Perth’s future freight task in the future”.

Overall comments

The Plan was developed by the State Government and then released for community consultation

for the standard period of three months. Local Governments would have preferred if they were

engaged in the planning process before the draft was finalised and furthermore would have

preferred a longer timeframe to respond to an extensive plan. Going forward, the State Government

should actively engage Local Government to:

Further investigate transport routes and modes, and other proposed projects identified in the

Plan

Develop sub-regional transport plans

Increase clarity concerning the roles and responsibilities of Local Governments and timeframes

for effective forward planning.

The Plan fails to provide a transparent framework for the infrastructure projects proposed in the

public transport, freight, road and cycling networks. The Plan has acknowledged that modelling has

been utilised for selecting certain routes however there is no supporting detailed evidence to show

how the assessment and selection of potential transport infrastructure projects was undertaken. The

Plan should provide comparisons of the costs and benefits of the alternatives in the supporting

documentation. This will assist to demonstrate the rationale behind the particular route and mode

choice.






LV1, 170 Railway Parade, West Leederville WA 6007

PO Box 1544 West Perth WA 6872

Phone: (08) 9213 2000

Fax: (08) 9213 2077

Email: [email protected]

Website: www.walga.asn.au

Contacts:

Ian Duncan

Executive Manager, Infrastructure

Phone: (08) 9213 2031


Marissa MacDonald

Policy Officer – Transport and Roads

Phone: (08) 9213 2050



http://www.walga.asn.au/





Introduction The Western Australian Local Government Association (WALGA) is the united voice of Local Government in Western Australia. The Association is an independent, membership-based group representing and supporting the work and interests of 138 Local Governments in Western Australia. The Association provides an essential voice for over 1,200 elected members and approximately 14,500 Local Government employees as well as over 2 million constituents of Local Governments in Western Australia. The Association also provides professional advice and offers services that provide financial benefits to the Local Governments and the communities they serve. The Association held a workshop with elected members and senior staff from the Local Government sector to identify and develop a response to ‘Transport @ 3.5 Million: Perth Transport Plan for 3.5 Million People and Beyond’ (‘the Plan’) elements that are of wide interest from a Local Government perspective. The feedback from the workshop has informed this interim submission. This submission highlights the main issues and proposes a number of recommendations on behalf of the Local Government sector. Individual Local Governments have been encouraged to provide submissions highlighting issues in the context of each jurisdiction. The Plan is structured with a vision, three major outcomes, underlying principles, the integrated transport network consisting of the public transport, road network, active transport network and freight network, and travel demand measures. In addition the Plan has five separate supporting Plans providing an extra level of detail on the public transport, road network, active transport network and freight network, and travel demand measures. This submission’s structure is aligned with the structure and layout of the Plan and the Department of Transport’s template for providing feedback. Due to the very limited consultation period and the timing of WALGA State Council meetings, the comments contained in this submission have not yet been considered or endorsed by WALGA’s State Council. As such, please be advised that this is an interim submission and that the Association reserves the right to modify or withdraw the content as directed by State Council.



Vision and Objectives Recommendation 2.1: The Plan should include measurable objectives. The Plan establishes five key objectives to support the overall vision of a vibrant, connected and productive city:

1. optimise the use of the existing network as it grows;

2. integrate with land use and across the public transport, active transport and road networks;

3. deliver high frequency, ‘turn up and go’ mass rapid transit connected with effective public

transport feeder services;

4. provide a safe, connected network of primarily off-road cycle ways and walkways; and

5. maintain a free-flowing freeway and arterial road network for the efficient distribution of

people and freight.

The objectives focus specifically on the efficiency and effectiveness of the transport system. There are however other areas which also contribute to the vision of a vibrant, connected and productive City. These include safety, environment, health and social objectives. The objectives are vague statements that do not have any measurable elements. It is well known that objectives that are SMART (Specific, Measurable, Achievable, Realistic and Time scaled) are most likely to succeed. This is further supported by the WA Planning Commission's Guidelines for Preparation of Integrated Transport Plans which states "objectives and targets for an integrated transport plan should be measurable and achievable for up to five to ten years" (p. 62)1. It is unclear whether the projects proposed in the Plan (and those alternative projects not proposed) have been assessed against these objectives and how they perform. Recommendation 2.2: The Plan should include measurable outcomes that relate to the entire Perth and Peel Region and cover a range of parameters that are determined by the transport system including travel time (absolute and reliability); accessibility; safety and cost. The Plan defines three outcomes:

1. Increase public transport use to:

a. 11 per cent of all-day trips, including 65% of peak period trips to the Perth CBD; and

b. 32 per cent of person kilometres travelled by motorised vehicles during peak periods;

2. Increase cycling and walking to 18 per cent of all-day trips; and

3. Reduce the mode share of car driver trips to 50 per cent of all-day trips, and to 29 per cent

of peak period trips to the CBD.

Although the 'outcomes' included in the Plan are measurable, these are not necessarily directly

correlated to the objectives. The three outcomes are all related to mode share and

1 WA Planning Commission. (2012). Guidelines for Preparation of Integrated Transport Plans. http://www.planning.wa.gov.au/dop_pub_pdf/guidelines_integrated_transport_whole.pdf



primarily focused on transport to and from the CBD. Given the plan covers the whole Perth region, geographically broader outcomes must be monitored. Furthermore there are other outcomes that could be measured, with reference to other State Government department strategic plans or goals, including the following:

Safety

Congestion

Travel time

Reliability

Liveability / Environmental

Freight (i.e. in terms of travel time and costs)

Accessibility

Recommendation 2.3: The Plan should have interim targets to measure the progress over time. Local Governments have acknowledged that the Plan is aspirational and a long term approach, however there needs to be interim targets to measure progress during the life of the plan. The interim targets should be aligned with interim targets established for the Perth and Peel at 3.5million land use plan, to ensure that these two key platforms remain aligned. The Plan states that “the plan will be reviewed every five years to ensure if continues to meet the needs of Perth’s growing population”, however it fails to provide any measures against which the Plan will be reviewed. There needs to be measures to determine progress, success or whether the Plan requires adjusting. Recommendation 2.4: The Plan should have a more ambitious and aspirational modal shift for cycling and walking. One of the outcomes of the Plan is to “increase cycling and walking to 18 per cent of all-day trips”; resulting in 4% of the mode share cycling and 14% of the mode share walking as illustrated in Figure 1 of the Plan. Local Governments believe that a 4% mode share for cycling is not ambitious or aspirational enough. Particularly since the Plan includes an extensive cycling network, including building 11 ‘green bridges’, together with the extensive travel demand measures proposed, there is potential to achieve an increase of cycling of more than 4 per cent by 3.5 million people. Furthermore according to the Plan, walking currently has approximately 13 per cent mode share and implementation of the plan anticipates that this will increase to 14 per cent by the time the population reaches 3.5 million. This is a low target, which may be influencing the proposed investment decisions. An increase of one per cent in walking over the course of 35 years is likely to be underestimated and should be reviewed. Sensitivity analysis showing the change in infrastructure investment and system performance associated with active transport mode share should be included. Recommendation 2.5: The plan should have a more ambitious and aspirational modal shift

for public transport.

One of the outcomes of the Plan is to “increase public transport use to 11% of all-day trips,

including 65 per cent of peak period trips to the Perth CBD”. This outcome is seen as conservative

for a population of 3.5 million people. A comparatively low assumption or target



in relation to public transport use influences the vision for and proposed investment in public transport. There appears to be alignment between the anticipated demand for public transport and proposed investments a public transport. However, a mode share target based on that achieved in cities with similar size (3.5 million) and liveability aspirations sought would likely require higher mode share for public transport which would necessitate increased investment in public transport to achieve this outcome.

Integrated Transport Network - Planning Principles Recommendation 3.1: The Plan should identify and add actions that will increase the economic productivity of rail freight to enable the freight network principle to “move more of Perth’s freight task by rail” to be achieved. The principles to “move more of Perth’s freight task by rail” and to "strengthen the high standard, high productivity road freight network to strengthen the economy" are supported. It is acknowledged within the Perth Freight Transport Network Plan2 that the majority of the freight task will be moved on the principal road freight network. However, the Plan does not indicate what changes will be made to ensure that more of Perth’s freight task is moved by rail. The proposed inter-modal terminals and de-bottlenecking of several small sections of track do not provide the increase in economic productivity necessary to ensure that rail freight can compete with increased road productivity supported by investments in the road network. Recommendation 3.2: The Plan should include principles for walking. If achieved, the proposed outcomes of the Plan will see an additional 0.9 million walking trips each day in the Perth Region by the time the population reaches 3.5 million people (from a base of 0.8 million all day trips in 2011 Census). In absolute number of trips this is a similar increase to the anticipated growth in public transport trips and more than double the anticipated growth in the number of cycling trips. An integrated transport plan needs to do more to ensure that this outcome can be achieved than noting that responsibility for creating walkable neighbourhoods is primarily a Local Government responsibility. The creation of walkable neighbourhoods relies on many factors including:

sub-division planning (responsibility of WA Planning Commission);

design of significant developments (responsibility of Development Assessment Panels);

the location and design of infrastructure such as freeways and rail lines that can limit walking

options;

confidence in personal safety;

speed limit setting and traffic signal timings (responsibility of Main Roads WA); and

the location and design of public transport options.

The Plan should identify the principles that must be incorporated in both transport planning and related activities that will enable suitable environments for walking to be provided.

2 Perth Freight Transport Network Plan. (2016). http://www.transport.wa.gov.au/mediaFiles/projects/PROJ_P_Perth_Freight_Transport_Network_Plan_section__3.pdf



Recommendation 3.3: The Plan should include principles for travel demand management (‘optimising the system’). Unlike other sections of the Plan, there are no principles set out to guide the way in which the system is optimised. The principles could include:

Access and Equity

Social

Environment, liveability

Economy based on quality of life

Sequence of developments

Priority of objectives

Integrated Transport Network - Infrastructure Enhancements

4.1 Public transport enhancements (pages 15-22)

Recommendation 4.1.1: The Plan should provide a framework to prioritise and sequence the public transport investments and to demonstrate how the timing for each public transport project will be evaluated and triggered based on sub-regional population and other criteria. Currently the Plan fails to consider the order of prioritisation that the public transport projects should be completed, except to provide vague targets of being with completed by ‘2.7 million’, ‘3.5 million’ and ‘beyond 3.5 million’. There needs to be a framework that prioritises the projects within these timeframes. The provision of public transport infrastructure needs to be coordinated in a timely manner with the staging of new land and in-fill development to support population growth and job creation. A more detailed staging plan, aligning infrastructure to population growth, sustainable job creation opportunities and other factors is required. This will lead to increased certainty in terms of the timing and support private sector investment in land and activity centre investment. Recommendation 4.1.2: The Plan should be more focussed towards public transport than roads as the population grows to 3.5 million. There appears to be a large investment in the road network including widening or duplicating roads to increase their capacity and a very low target of increasing public transport to 11% of all-day trips. This implies there is a lack of integration between the different sections of the Plan. Local Governments believe it is unsustainable to keep focusing on improving the road network and there needs to be a larger focus on public transport. Assuming that no new investment is provided to either the road or public transport network, by 2020 congestion on the roads is estimated to cost the WA economy $2.1 billion and by 2031 is estimated to cost $16 billion. Seven of the nation’s most congested roads will be in Perth by 2031.3 Therefore it is imperative that there should be more investment in public transport to provide various transport options for a population of 3.5 million people.

3 Infrastructure Australia. (2015). Australian Infrastructure Audit. http://infrastructureaustralia.gov.au/policy-

publications/publications/Australian-Infrastructure-Audit.aspx



Recommendation 4.1.3: The Plan should be the starting point for consistent and active engagement of Local Governments to develop a more comprehensive network of light and heavy rail infrastructure that would effectively serve a population of 3.5 million. Currently Perth’s urban rail network is approximately 180km in length with 70 stations serving a population of approximately 2 million spread over 5,500 km2. The Plan aims to extend the rail infrastructure to almost 300km and introduce light rail by the time the population reaches 3.5 million people. This can be compared with the infrastructure currently provided in cities of similar size to form a view of the likely effectiveness of the overall transport system. For example, Greater Melbourne with a current population of 4.4 million people distributed over 9,991 square kilometres is already larger than Perth at the end of this planning horizon. However, it already has extensive tram and rail infrastructure to support this population4. In Melbourne the urban rail network is 830km5 with 218 stations, with an additional 250 km in light rail. Relative to population, this is a much more extensive heavy and light rail network. It therefore seems likely that to achieve acceptable levels of connectivity, productivity and liveability, Perth with a population of 3.5 million will need to be supported by a more extensive light and heavy rail system. Recommendation 4.1.4: The Plan requires increased public transport connections between the strategic activity centres identified by the State Government. The major focus of the Plan is to improve the transport network leading into and out of the CBD, and does not adequately consider the rest of the metropolitan area. While the Plan acknowledges that the WA Planning Commission has set a residential infill target of 47% and employment decentralisation in activity centres through the Perth and Peel @ 3.5 Million plan, it fails to provide the appropriate balance of transport options required to support this target. The strategic metropolitan centres identified by the State Government are Armadale, Cannington, Fremantle, Joondalup, Mandurah, Midland, Morley, Rockingham, Stirling and Yanchep. In the current State Planning Policy 4.2 Activity Centres for Perth and Peel it states that the transport connectivity and accessibility in strategic metropolitan centres should be an “important focus for passenger rail and high frequency bus networks.”6 These strategic metropolitan centres should have a higher focus in the Plan. The following are noted as missing connections or requiring more investigation between strategic metropolitan centres: There are no new planned connections for the strategic metropolitan centre of Fremantle, to any

other activity centre, except to the Murdoch specialised activity centre and the secondary activity

centre Cockburn coast via rapid bus transit beyond 3.5 million people. The City of Fremantle

identified the rapid bus transit connection

4 Australian Bureau of Statistics. (2014). http://stat.abs.gov.au/ 5 Public Transport Victoria. (2016). Network statistics. https://www.ptv.vic.gov.au/about-ptv/victoria-s-pt-network/network-

statistics/ 6 WA Government. (2010). Planning and Development Act 2005 State Planning Policy 4.2. Activity Centres for Perth and

Peel http://www.planning.wa.gov.au/dop_pub_pdf/activity_centres_policy_2.pdf



from Fremantle to Cockburn Coast as being a short to medium term initiative, with a

preference for light rail in the longer term.7

There are no new planned heavy/light rail connections for the strategic metropolitan centre

of Canning/Cannington at or beyond 3.5 million people. The proposed heavy rail at 3.5

million instead connects Cockburn Central to nearby Thornlie Station and then beyond 3.5

million to Forrestfield. The Plan identifies that Cannington to Curtin University will be a ‘high

priority public transport corridor’ with no further details provided. In the Canning City Centre

Activity Centre Plan the plan highlights that “the level of public transport coverage will need

to be improved significantly as will the appeal of this mode. Cecil Avenue will be redesigned

as a Main Street providing priority public transport lanes for buses in the interim and then

light rail in the future.”8

There are no new public transport connections for the strategic metropolitan centres of

Rockingham and Mandurah to the east. Although it is noted in the Plan that further work will

be undertaken to assess additional rail lines in this area and that there has been a high

priority transit corridor identified between Mandurah and the secondary activity centre

Pinjarra.

The Plan identifies a ‘high priority public transit corridor’ between the strategic metropolitan

centre of Yanchep and the secondary activity centre of Two Rocks. Heavy or light rail should

be evaluated in lieu of rapid bus services between these centres to facilitate the anticipated

55,000 jobs in the area.

Recommendation 4.1.5: The Plan should include more public transport routes in the south metropolitan peel region. The Plan references ‘Perth and Peel @ 3.5 Million’ indicating that the south metropolitan peel region will have a population of 1.26 million people, higher than the population living in the central region at 1.2 million people. The number of jobs, however, in the south metropolitan peel is predicted to be lower than that provided in the CBD, likely resulting in more trips to the CBD and other regions for work. It has been recognised by Local Governments that the Plan lacks public transport connections in the southern metropolitan and Peel region to support this expected population. The State Government needs to determine public transport required particularly for the strategic metropolitan centres of Fremantle, Cannington, Rockingham and Mandurah and other specialised centres and secondary activity centres in the region. Recommendation 4.1.6: The Plan should include more public transport routes from east to west. Local Governments have recognised that the Plan lacks public transport connections between the

east and the west. Since connectivity is part of the vision for the Plan, then a balanced approach to

the transport network is required to ensure that connectivity amongst all of the metropolitan area is

achievable. As mentioned already, the State Government

7 City of Fremantle. (2015). Integrated Transport Strategy.

http://www.fremantle.wa.gov.au/sites/default/files/sharepointdocs/Integrated%20transport%20strategy%20-C-000369.pdf 8 City of Canning. (2016). Canning City Centre Activity Centre Plan. http://yoursaycanning.com.au/city-centre-the-new-

energy-of-the-southeast1?preview=true



needs to determine the east west connections, particularly in the Peel area and the connections to the strategic metropolitan centres Rockingham and Mandurah. There are also significant opportunities to improve the frequency of bus services in the eastern metropolitan area to the west such as in the district centres of Bassendean, Kalamunda and Mundaring. Recommendation 4.1.7: The Plan should investigate the ferry and CAT bus services required for a population of 3.5 million. While the Plan has acknowledged that the Ferry services and CAT bus services form part of the integrated transport network, the Plan fails to provide a thorough discussion that the role these services will play at a population of 3.5 million people. The Plan simply states that that “Further planning will be undertaken in coming years of opportunities for higher volume ferry services to sites including East Perth, Claisebrook Cove, new Perth Stadium, Coode Street, Canning Bridge, Point Walter and UWA.” There is no further modelling to show how these extra services could operate. There is no further discussion on how the CAT bus services could potentially be expanded in other activity centres beyond existing CBD services, Fremantle and Joondalup. Recommendation 4.1.8: The Plan should set out the vision for bus services including frequency, types of services offered and how buses integrate with other aspects of the transport system including mass transit and on-demand travel. The Plan doesn’t discuss the vision for bus services except those routes that may be converted to Rapid Bus Transit. At the same time, individual bus routes are being reviewed and are determined to have low patronage resulting in cancellation and replaced with different routes. The Plan needs to include a strategic and transparent review of all bus services including bus frequency, types of services offered and how these services integrate with the larger transport system.

4.2 Road network enhancements (pages 23-26)

Recommendation 4.2.1: The Road Network Plan (supporting document) should include the vision for the road hierarchy at 2.7 million, 3.5 million and beyond 3.5 million people. The Road Network Plan shows the current road hierarchy. However, the vision for the road hierarchy at 2.7 million, 3.5 million and then beyond 3.5 million has not been included. The function and responsibility for roads is a key issue for Local Governments when preparing strategic land use plans, and in developing community strategic plans. The Transport Plan for Perth provides an ideal opportunity to ensure that State and Local Governments understand and share a vision for how the road network will develop and be governed into the future. The map should acknowledge that road classification guidelines are under review which may influence the timing of governance changes within the road network.



Recommendation 4.2.2: The State Government should actively engage with Local Governments on the responsibilities, function and maintenance of roads connecting activity centres designated as high priority public transport corridors (i.e. bus rapid transit and light rail) and should investigate a new road classification for these roads. The Plan proposes a range of on-road high priority public transport corridors to connect activity centres which will become either rapid bus transit routes or light rail routes at or beyond 3.5 million population. There are different requirements for these types of corridors such as: (i) Physical requirements (e.g. road reserve and pavement widening, land acquisition etc.) to implement the system along the proposed route; (ii) Responsibility for designing, constructing and maintaining the system along the proposed route (and maintaining the road carriageway adjacent to it); (iii) The estimated cost to implement the system along the proposed route and who will fund it. The State Government should have discussions with Local Governments regarding the development of these identified corridors. State and Local Government should investigate a new way of considering or classifying these roads within the Metropolitan Region Planning Scheme and defining planning responsibilities for the corridor and adjacent land-use. Recommendation 4.2.3: The State Government should further investigate and discuss a process to facilitate the transfer of Local Government roads to the State Government. It is noted that the separate Road Network Plan acknowledges the work that Main Roads WA is undertaking with WALGA on reviewing the criteria for road classification/hierarchy. The revision of this criteria will guide the road classification process into the future. The State Government however has decided to identify Local Government roads that will require upgrades and duplication for a population at 3.5 million and this may have implications for the classification of these roads. The State Government will need to further discuss these roads with Local Governments as they may potentially be reclassified as State Government roads.

4.3 Cycling network enhancements (pages 29-34)

Recommendation 4.3.1: The State Government should be cautious of planning an extensive network of Bicycle Boulevards until after the trial projects have been undertaken and there is evidence that they are effective solutions. The use of Bicycle Boulevards is generally supported amongst Local Governments, however it is premature to promote the initiatives as solutions in the future when there is no evidence yet they will be effective in a Perth context. The Plan assumes that the current trial projects, which are still being constructed, will be highly successful and an extensive network of Bicycle Boulevards will be built by 3.5 million. If they don’t have the impact that is intended, then another solution for the local network is required. Increasing the community’s awareness and acceptability of the Bicycle Boulevards is imperative to the success. Local Governments should be supported by the State Government with facilitating local education and awareness initiatives to improve the communities understanding of this initiative.



Recommendation 4.3.2: The Plan should include the strategy for including end of trip facilities at all major activity centres. The plan acknowledges that end of trip facilities are critical to increasing cycling, however there appears no strategy/or requirements for achieving this. It is acknowledged that the Department of Transport is developing ‘Guidelines for Bicycle End-of-Trip Facilities in Activity Centres’ and this should be referred to in the Plan once finalised. Recommendation 4.3.3: The State Government should clarify responsibility for the ownership and maintenance of the proposed ‘green bridges’. The Plan proposes 11 ‘green bridges’ which will be for both walking and cycling. The bridges provide links across the river, between different Local Governments. Local Governments would like clarification on the responsibilities for these bridges after they have been constructed and whether there will be any funding obligations for their maintenance. Recommendation 4.3.4: The State Government should clarify how the cycle network in this Plan relates to the existing WA Bicycle Network Plan 2014-2031. The Department of Transport has been progressing the actions in the WA Bicycle Network Plan 2014-2031 for the last couple of years. Now that this Plan has been released clarification is required on whether the existing plan is superseded or further integrated with the new Plan. This will reduce the confusion amongst the Local Government sector and will also ensure that they can align their existing Bike Plans to the new approach. Recommendation 4.3.5: There should be a whole of government approach to planning and constructing the cycling network. Local Governments have identified that there are issues when planning and constructing cycling infrastructure, particularly along the rail corridors. It is acknowledged that the State Government is progressing a functional review of cycling and Local Governments would support a more coordinated approach, inclusive of the Public Transport Authority’s cooperation with planning for and constructing cycling infrastructure in the rail reserve.

4.4 Freight network enhancements (pages 35-37)

Recommendation 4.4.1: The Plan should include new rail freight infrastructure to ensure that rail has “a larger role in moving Perth’s future freight task in the future”. The State Government has determined that “the aspirational goal is for rail to achieve a 30 per cent market share for haulage of containers to/from the metropolitan container port facilities”. There is however no new proposed freight rail in this Plan to support this aspiration. The Plan also states that “the Western Australian Government has committed further support to promote increased use of rail for transporting container freight to and from the port of Fremantle’s Inner Harbour and has approved the continuation of the rail subsidy until 2021-22. Funding support beyond this date will be subject to further review.” There is no new funding beyond 2022 for the Inner Harbour and there is no funding allocated for any new freight rail projects at or beyond 3.5 million.



Recommendation 4.4.2: The Plan should acknowledge the current investigation of the second Perth airport and the role it may take in the freight network. The location of the second Perth airport is still being investigated and confirmed, however it is part of the State Government’s State Aviation Strategy9. The Plan should acknowledge that this is happening and that it may play a role or have an impact on the freight network in the future.

Optimising the system – how to get the most use from the transport infrastructure

5.1 General comments about travel demand

Recommendation 5.1.1: The State Government should lead by example with travel demand measures. Any modal shift or behaviour change that the State Government expects from the Perth metropolitan area community, should be started from within the State Government departments. It is acknowledged that the State Government will try to mandate travel plans in the ‘Government Office Accommodation Standards’ for workforce relocations. The State Government should be more proactive and mandate this at all times, not just for workforce relocations. Recommendation 5.1.2: The Plan should include evidenced-based, best practice travel demand measures that are achievable. A range of travel demand measures are proposed with limited evidence provided to support its reasoning and best practice from around the world. A review of the Travel Demand Management Plan shows there was very limited evidence utilised, particularly from overseas and best practice cases. For example for travel plans for new developments there was evidence that there was a reduction in single occupant vehicle use of approximately 18 per cent when combined with effective parking management strategies in the UK. There is no other evidence or studies provided to support the claim of this success. In addition while the Plan has acknowledged that there will be further work conducted, there has been no investigation of strategies such as carpool lanes, and car share or bike share arrangements as there is plenty of examples of these from the US and Europe. Overall, it would have been useful to show the various travel demand measures proposed summarised together in a table, highlighting the advantages and disadvantages of each, based on multiple forms of evidence.

9 WA Department of Transport. (2014). State Aviation Strategy. http://www.transport.wa.gov.au/mediaFiles/aviation/AV_P_State_Aviation_Strategy2015.pdf



5.2 Travel plans for new developments (page 39)

Recommendation 5.2.1: The State Government should outline that travel plans are required for all major developments. It is acknowledged there have been travel plans implemented in a number of developments, as a condition of approval, including QEII Medical Centre, Fiona Stanley Hospital, Murdoch campus of Challenger Institute and shopping centre extensions. There is however limited acknowledgement that the development of travel plans are voluntary and there is limited influence over all developers to implement travel plans unless there is an appropriate incentive. Furthermore Local Governments may not be able to adopt local planning policies to control the requirement of travel plans given that there have been significant changes to the legislation reducing the responsibilities (i.e. Planning and Development (Local Planning Schemes) Regulations 2015). The Plan assumes that there could potentially be 1,940 sites in Perth and Peel that have travel plans by 2050, however once again this is based on the assumption that these developers are influenced to develop travel plans voluntarily without a legislative mandate. It is noted that the Plan identifies that travel plans will be applicable to new developments and that they will target ‘major’ developments based on a certain ‘threshold’. The size and density of the developments should both be taken into consideration. It would better if the broader precincts could be targeted instead of singular developments. Likewise it would be more appropriate to target the new developments with a high density. The RAC have also recommended thresholds based “on traffic generation levels or specific development characteristics such as proposed floor area, number of employees or residents, and can be varied based on the location of development”10. Recommendation 5.2.2: The State Government should develop a guiding document to assist with the development of travel plans for developments. The Plan acknowledges that the State Government will “establish consistent policies and processes to promote the introduction of good practice travel plans in major developments11.” Local Governments would welcome the development of these policies and processes. Recommendation 5.2.3: The State Government should determine how the success of travel plans for developments will be monitored, evaluated and corrective actions implemented. It is acknowledged that the State Government will “establish widespread support” for travel plans at major developments and “consult on an ongoing basis with developers, major property owners and occupants of new developments to facilitate ownership, engagement and support for site specific travel plans.” The Plan fails to mention however how the State Government will monitor and evaluate the travel plans that they encourage the major

10 RAC. (2014). RAC Mobility Bulletins Travel Planning for new developments Advice for local governments. https://rac.com.au/about-rac/advocating-change/road-safety-transport/land-use 11 Travel Demand Management Plan. (2016). http://www.transport.wa.gov.au/mediaFiles/projects/PROJ_P_Travel_Demand_Management__Plan.pdf



developers to implement. There is also no mention of whether Local Government has a role with assisting to monitor and evaluate travel plans.

5.3 Parking strategies (page 40)

Recommendation 5.3.1: The State Government should regularly review the Perth Parking Policy to mitigate congestion in the CBD. The Plan acknowledges that “the introduction of the Perth Parking Policy in 1999 has had a significant impact on travel patterns in central Perth over the past 15 or so years. In the early 1990s, 50 per cent of commuters travelled to the Perth CBD as a car driver. This has now reduced to an estimated 35-38 per cent and travel by public transport, cycling or walking has almost doubled. Much of this reduction has been achieved by the direct and indirect effects of the Perth Parking Policy (PPP).” The Plan however is attempting to increase public transport to 11% all day trips and cycling and walking to 18% of all day trips at 3.5 million people. Local Governments agree that the Perth Parking Policy should therefore be reviewed with a view to appropriately price parking fees that will encourage the use of public transport, cycling and walking into the CBD. Recommendation 5.3.2: The State Government should regularly review the parking fees at train station car parks. The parking fees at train station car parks should be reviewed regularly to ensure an appropriate level of supply/demand is maintained. Currently the majority of at-grade train station car parks reach full capacity quickly with overspill into neighbouring suburbs. It is acknowledged that Local Governments have a responsibility to regulate the overspill of parking in neighbouring suburbs. A review of bus services and frequency to the stations should also be reviewed to support alternative modes to/from the train stations. The provision of cycling infrastructure that links directly to the train stations is also important.

5.4 Transport pricing – roads (page 40)

Recommendation 5.4.1: The State Government should only consider road user pricing when there are appropriate levels of public transport in all of the Perth metropolitan area. The State Government has acknowledged that “a lack of alternative forms of transport, including public transport, being in place before the scheme is implemented” could have the potential to influence the outcome of implementing a road user pricing scheme for all vehicles. Local Governments are concerned about this, particularly for those individuals on the urban fringe where there are very little public transport options and there are limited public transport options proposed at or beyond 3.5 million. For these individuals a road user pricing scheme will not make them change their behaviour as they have very little choice.



5.5 Transport pricing – public transport (page 40)

Recommendation 5.5.1: The State Government needs to further investigate the proposed differential public transport pricing. The proposal to introduce differential public transport pricing requires more discussion and investigation. While pricing can be an effective tool for encouraging behaviour change there are welfare issues that affect those with inflexible working/study hours who will still travel in the peak period. There will also be schools that will not stagger their school hours resulting in children and subsequently their families being penalised. The State Government should further investigate costs, implementation and evaluation of this proposed scheme in a separate issues or discussion paper.

5.6 Travel behaviour programs (page 41)

Recommendation 5.6.1: The State Government should provide more resources and support to Local Governments to ensure active transport and public transport is promoted to their communities. The Plan details significant rollout of TravelSmart and Your Move behaviour change programs that will be difficult to promote without the assistance of Local Governments. The State Government should be reinstating renewed funding into the Local Government TravelSmart Officer network to ensure that the widespread behaviour change can happen at a population of 3.5 million. In addition, as all Local Governments are legislated to have a Community Strategic Plan and some are already developing local Public Health Plans, travel behaviour change may also become part of these plans. Local Governments will require more information and resourcing to ensure that behaviour change for the purposes of creating active and healthy communities can occur. Integration and collaboration between the Department of Transport and the Department of Health should occur.

Overall impression of Transport @ 3.5 million Recommendation 6.1: The Plan should be more integrated across the different sections. The Plan looks at modes separately because different sections of the Plan have been developed by different State Government agencies. The Plan could be more fully integrated. In the WA Planning Commission’s Guidelines for the Preparation of Integrated Transport Pans (2012) it is stated that integrated transport plans should (p.17, Figure 1):

o “Integrate all forms of transport in a coordinated system

o Integrate transport with land use, economic and social development, education and

health planning

o Partnership – community, all levels of government, stakeholders

o Integrate planning and implementation (including funding)

o Transparency and cooperative decisions.”12

12 WA Planning Commission. (2012). Guidelines for Preparation of Integrated Transport Plans.

http://www.planning.wa.gov.au/dop_pub_pdf/guidelines_integrated_transport_whole.pdf



Recommendation 6.2: The State Government should consistently and actively engage Local Governments to further investigate the proposed actions and infrastructure identified in the Plan. The Plan was developed by the State Government and then released for community consultation for the standard period of three months. Local Governments would have preferred if they were engaged in the planning process before the draft was finalised and furthermore would have preferred a longer timeframe to respond to an extensive plan. The framework from the International Association for Public Participation (IPA2), shows the spectrum of participation and how Local Governments and other stakeholders could have been more involved in the process. The WA State Government has previously demonstrated more effective transparent processes, for example when the State Aviation Strategy was developed. An Issues Paper was released initially enabling and engaging Local Governments in the process and further workshops were held. A draft strategy was then released for further comment before being finalised. Similarly the independent body Infrastructure Victoria is developing a 30 year infrastructure strategy to recommend to the Victorian State Government and released an issues paper for consultation, considered this feedback and then released an options paper for further consultation. The draft strategy was then developed and released for a third round of consultation13. Both of these examples shows an ideal method of engagement. Going forward, the State Government should actively engage Local Government in the further investigation of transport routes and other proposed projects identified in the Plan. Recommendation 6.3: The State Government should prepare sub-regional transport plans, in partnership with Local Governments. With the release of the final version of this plan, there will be existing individual Local Government transport plans and strategies that will require reviewing. Local Governments would like to work with the State Government in collaboration to develop sub-regional transport plans to further investigate local solutions that are appropriate for that region. Recommendation 6.4: The State Government should provide increased clarity concerning the roles and responsibilities of Local Governments, and timeframes for projects, within the Plan to enable effective forward planning. The implementation of particular activities in the Plan will have an impact at the local level, and

particularly the longer term and budgets of Local Governments. Local Governments are impacted

by a range of other plans which are currently being released and therefore have competing

demands on the budgeting processes and the Capital Works Programs. The Plan requires greater

emphasis on the roles and responsibilities which Local Government will have. This will enable Local

Governments to plan their budgets and resources accordingly. The timeframes for the large scale

projects proposed in the Plan should also be communicated, and if directly affecting a Local

Government area, agreed to by Local Governments. This will ensure that they are able to determine

any local issues that may

13 Infrastructure Victoria. (2016). Victoria’s 30 year Infrastructure Strategy. http://yoursay.infrastructurevictoria.com.au/30-

year-strategy/



arise as a result, plan around the project and if any additional works are required for the Capital Works Program. Recommendation 6.5: The Plan should include a transparent framework for the assessment of potential transport infrastructure projects. The Plan fails to provide a transparent framework for the infrastructure projects proposed in the public transport, freight, road and cycling networks. The Plan has acknowledged that modelling has been utilised and this provides the basis for selecting certain routes. There is however no supporting detailed evidence to show how the assessment and selection of potential transport infrastructure projects was undertaken. Some examples of concern include:

The rationale behind the alignment of the bus rapid transit routes. For example between

Bassendean to Ellenbrook along Lord Street. The alternative route alignment between

Ellenbrook and Morley should be investigated as an interim measure until the proposed

heavy rail link between Ellenbrook and the Morley is implemented.

The rationale for the alignment of the underground heavy rail. For example Stirling-Murdoch

orbital requires further discussion. The rail section from Morley to Stirling should be

compared to an alignment along Reid Highway.

The public transport routes that were identified in the previous Public Transport Plan 2031

are not provided in this Plan. For example the rapid transit link between Bassendean Train

Station and Morley is not considered.

The Plan should provide comparisons of the costs and benefits of the alternatives in the supporting documentation. This will assist to demonstrate the rationale behind the particular route and mode choice. Recommendation 6.6: The Plan should demonstrate how the transport investment will support land-use outcomes. Land-use planning and transport planning are closely linked. The Plan should demonstrate that the land-use outcomes are facilitated and supported by the transport infrastructure investment. In particular the linkages between the Transport Plan and the Perth and Peel at 3.5 million land use plan should be developed and emphasized through the transport mode choices proposed. Recommendation 6.7: The Plan should be reviewed to ensure that the majority of transport infrastructure projects have been delivered by a population of 3.5 million, rather than at beyond 3.5 million. The plan proposes 68 infrastructure projects, 22 (32.4%) of which will be delivered by 2.7 million, 33 (48.5%) by 3.5 million and 13 (19%) beyond 3.5 million. The fact that such a large proportion of the plan will be implemented in the vague timeframe of ‘beyond 3.5 million’ people undermines confidence that the plan will be effective. There needs to be accountability for proposing almost 20% of infrastructure projects to be built so far into the future.



Recommendation 6.8: The State Government should acknowledge that there will be environmental and Aboriginal heritage considerations required for the proposed transport infrastructure. Currently the Plan fails to acknowledge the complexities involved in all of the proposed transport infrastructure. There will inevitably be environmental and Aboriginal heritage issues that may hinder

the construction, as recently experienced with the Roe 8 Extension. Under the Environmental Protection Act 1986, the Department of Environment and Regulation, regulates activities with potential impacts on the environment. Under the Aboriginal Heritage Act 1972 (AHA), the Department of Aboriginal Affairs works with Aboriginal people to protect and manage places of significance. The Transport portfolio should work together with other Departments to ensure that all aspects of the transport projects proposed are considered. Additionally the WA State Government has acknowledged the direct impact of transport and environmental pollution, however has not set any specific targets that can be met within this Plan. In New South Wales14 and Victoria environmental sustainability has been recognised, with it being legislated under the Transport Integration Act 201015 in Victoria. The Victorian Office of the Auditor General report stated that “the transport sector is the second largest producer of greenhouse gases in Victoria…Passenger cars are responsible for approximately 60 per cent of Victoria’s transport-related greenhouse gas emissions.” The audit however noted that the Victorian Government must adopt “clear strategic priorities and actions, with state-wide objectives, targets, and performance measures to address the environmental impacts of the transport system” in line with the legislative requirements16. Recommendation 6.9: The State Government should be open to innovative transport modes and technologies from overseas that could be beneficial to Perth’s future beyond 3.5 million. The Plan acknowledges that there will be new technologies that will impact the way in which the transport system operates. The Plan in particular places important emphasis on autonomous vehicles. The State Government should further be aware of a range of upcoming transport modes and technologies including Israel’s SkyTran’s17 system and China’s Transit Elevated Bus. 18 The extensive use of tunnels to achieve the transport plan objectives indicates that current land use limits access to sufficient transport corridors. There may be opportunities for Perth to implement other technologies and the State Government should be open to these.

14 Transport for NSW. (2013). Transport and Environment and Sustainability Policy Framework. http://www.transport.nsw.gov.au/sites/default/files/b2b/publications/transport-environment-policy-framework.pdf 15 Victorian Government. (2010). Transport Integration Act 2010 http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6ca256da4001b90cd/800014F6404488AACA2576DA000E3354/$FILE/10-006a.pdf 16 Victorian Auditor-General’s Report. (2014). Managing the Environmental Impacts of Transport. http://www.audit.vic.gov.au/publications/20140820-Environment-Transport/20140820-Environment-Transport.pdf 17 http://www.skytran.com/skytran/ 18 http://www.news.com.au/technology/innovation/design/bus-that-drives-over-cars-china-unveils-futuristic-transport-

concept/news-story/3145cb42098e6a83d66c4c3c7b239c5e



Recommendation 6.10: The Plan should both recognise projects included in the Infrastructure Australia priority list and seek to influence future reviews of the nation’s infrastructure priorities. There is a significant opportunity to work with the Federal Government to deliver projects identified as high priority at a National level. Without Federal Government support there is much reduced capacity to meet the transport needs of the Perth region.

5.10 Guidelines and Specifications for Residential Crossovers (05-001-03-0015 MB) WALGA State Council Meeting December 2016

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5.10 Guidelines and Specifications for Residential Crossovers (05-001-03-0015 MB)

By Mark Bondietti, Policy Manager Transport and Roads, and

Vanessa Jackson, Policy Manager, Planning and Improvement

Recommendation That WALGA Guidelines and Specifications for Residential Crossovers be endorsed for

adoption by Local Governments in its entirety or as a framework with amendments to reflect

local circumstances.

In Brief There are a large number of different guidelines for the design, planning and construction of

residential crossovers in the Perth metropolitan region.

At a Building Summit in February 2016, and in other forums this was raised as an issue causing

inefficiency and confusion in the housing industry.

WALGA appointed Cardno to assist in preparing guidelines and specifications for the planning,

design and construction of residential crossovers.

Following a Local Government workshop in May and sector wide consultation, a guideline has

been prepared based on the harmonisation of current practices.

If adopted by Local Governments in entirety or as a framework with amendments to reflect local

circumstances, the Guide and Specification will increase efficiency and reduce costs in

residential building.

Attachment 1. WALGA Guidelines and Specifications for Residential Crossovers. 2. Construction Material Specifications.


Key Strategies



Governments; and

Improve communication and build relationships at all levels of member Local Governments.







State and Federal Government.


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Policy Implications This Guide is consistent with, and will have similar policy implications to the following State Council

recommendations:

Guide for Planning Delegations – Development Applications (March 2015 - 5.1/2015)

Local Government Town Planning Guidelines for Alcohol Management (September 2013 -

252.4/2013)

Model Local Planning Policy – Advertising of Planning Proposals (July 2016 - 61.4/2016)

Planning for Waste Management Project (May 2015 - 41.2/2015)

Model Local Planning Policy for Water Wise Entry Statements (May 2015 - 38.2/2015)


Background The vehicle crossover is the section of pavement between the road edge and the property boundary

that provides vehicle access from a public road to a private property. The crossover will typically

consist of a dropped kerb and a section of pavement between the road and the boundary.

The evolution of Local Government in the Perth Metropolitan area has resulted in a plethora of

different designs, specifications and planning guidelines for the design and installation of vehicle

crossovers. This causes confusion for planners, designers and contractors. There are benefits for

Local Governments, residential builders and ultimately homeowners from a more uniform standard.

At the Building Summit on 2 February 2016, convened by the Minster for Commerce and attended

by the Premier, Minister for Planning and Minister for Local Government, the issue of crossover

specifications was raised numerous times as an example of Local Government regulation causing

inefficiency in the housing industry. The building industry has been consistently raising the issue of

the sheer volume of crossover standards and seeking standardisation of this development

requirement.

In response to this demand and in the absence of clear rationale for the different requirements

across metropolitan Perth, WALGA appointed Cardno to develop a guideline and specification for

the design, planning and construction of residential crossovers based on the harmonization of

current Local Government practices. 34 practitioners representing 17 Local Governments attended

a workshop in May to develop a new guideline. A draft document was compiled by harmonising

current Local Government and Main Roads guidelines and practices and incorporating the input

from the workshop. The draft document was then released to the Local Government sector for

comment and the responses were systematically reviewed and considered in the finalisation of the

document.

Comment This Guide represents a consolidation of current Local Government standard guidelines, best-

practice documents, feedback from the workshop and comments received from stakeholders.

Because of the large number of different practices it is impossible to incorporate every variation and

some of the selected designs have been chosen based on the practice of the majority of Local

Governments.


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It is intended that these Guidelines will assist Local Government as a consolidated reference

document in determining their own standards, for adoption in whole or in part at the discretion of the

Local Government.

Some Local Governments may choose to specify different kerb profiles and layout configurations to

match historic practices, nevertheless it is envisaged that the Guide could still be used as a

consistent framework incorporating these local differences or site characteristics. Some Local

Governments have already expressed an interest in adopting the Guide in its entirety as they do not

have a comprehensive equivalent. It is expected that some Local Governments may select not to

adopt the guide, especially in established areas where current designs define the streetscape and

the approach outlined in the Guidelines may be out of character for that neighborhood. If the

guidelines and specifications for residential cross-overs in all metropolitan Local Government areas

at least addressed all of the matters raised in this Guideline and Specification, in the same structure

and sequence as this model, it would be of assistance to the residential building industry.

The Guide will provide an opportunity to encourage a consistent approach across the Local

Government sector and relieve the confusion that the current multitude of different practices is

causing for industry, designers and contractors.


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\


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2 Introduction

2.1 Objective

To provide property owners, builders and designers with the information required to ensure that cross overs meet the requirements of the <City/Shire/town>.

2.2 Purpose

This document comprises guidelines for planning and design of residential crossovers, including an example

construction specification in Appendix A. When adopted by Local Government it provides a consistent

framework to assist builders and their contractors efficiently understand and meet the requirements of the

Local Government.

This Guideline provides for crossover design that references statutory and best-practice guidance

documentation which includes the following:

Austroads Guide to Road Design

Australian Standards AS2890.1:Off-street parking (2004)

State Planning Policy 3.1 - Residential Design Codes (R-Codes)

WAPC Liveable Neighbourhoods

The Guideline is most applicable in greenfield residential developments, where lot layout and access

configuration can be controlled to a higher degree, however the principles remain valid for brownfield

residential development.


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3 Planning Guidelines

3.1 Crossover Approval

In accordance to Schedule 9.1, Clause 7 of the Local Government (Uniform Local Provisions) Regulations

1996, an application to the Local Government must be made by the landowners to request approval to

construct a crossover.

3.2 Crossover Density

The principle when considering residential property access for vehicles is to design for the least amount of

crossovers in a given area where possible (R-Codes). This improves the safety of path users and lowers

costs associated with constructing and maintaining crossovers. Minimising the number of crossovers also

reduces the level of conflict and friction along busier roadways, and creates additional space for street trees,

pedestrian crossing and on-street parking.

The R-Codes specify a maximum density of 1 crossover per 20m of frontage, where housing density is

greater than R40. A single crossover per property is to be provided where required for housing density less

than R40. Narrow lots should be constructed with paired crossovers to minimise conflict and retain verge

space for street trees, lighting, overhead power and on-street parking.

All residential lots are entitled to access irrespective of the constraints of location (AS2890.1: Clause 3.2.3a).

3.3 Crossover Location and Position

Crossover location shall be determined and crossovers designed to address the following issues and criteria:

3.3.1 Prohibited Locations

Australian Standards (AS2890.1: Figure 3.1) sets out exclusion zones for access driveways related to the

proximity of adjacent intersections (see Figure 1 below). This exclusion zone may be increased if necessary

for signalised intersections to ensure that the driveway is not within the influence of traffic queues. This

requirement does not apply to any access driveway serving a property which would otherwise be denied

access due to the physical impossibility of meeting the requirement. Additional restrictions are placed on non-

domestic driveways and should be discussed with Local Government.


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Figure 1 Permitted Locations for Crossovers

3.3.2 Sightlines to Path Users

Crossovers are to be positioned such that sight lines between path users (pedestrians and cyclists) and

vehicles are unobstructed by permanent fixtures (fences, trees, etc).

AS2890.1: Figure 3.3 defines a sight triangle of 2.0m x 2.5m at the intersection of the driveway and path

edge, within which walls, fences and other structures are to be truncated or reduced to no higher than 0.75m.

Fencing to apply with Dividing Fences Act, Local Laws and Local Planning Policies.

Figure 2 Minimum Pedestrian Sightlines


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3.3 Distance to Obstructions

All elements of the crossovers shall be located at a minimum distance to obstructions (including wings/radii)

as follows:

Side-entry pits: 1.0m

Street trees: 2.0m

Utility boxes: 1.0m

Street lights/Power poles: 1.0m (as required by Western Power’s Guidelines for Placement of Power

Poles within Road Reserves in Built-Up Areas, 2006)

Bus stops: 1.0m

Bus shelters: 1.5m

Pram ramps: 1.0m

If crossovers must be constructed within this distance, the obstruction shall be relocated wherever possible. In

special cases (e.g. development at brownfield sites, narrow battle-axe driveways and/or paired crossovers)

where relocation of obstructions is unfeasible, justification should be provided to the Local Government and a

decision to be made on a case by case basis.

3.4 Sight Distance to Roadway Traffic

The requirements for minimum sight distance at the road interface are defined by Australian Standards

(AS2890.1: Figure 3.2), see Figure 3 below.

Figure 3 Sight Distance Calculation Geometry


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The distance Y is determined according to the prevailing speed along the adjoining roadway, chosen as the

greater of posted speed limit or observed 85th percentile speed, shown in Figure 4. (from AS 2890.1: Figure

3.2).

Frontage Road Speed

(km/hr)

Domestic Property

Absolute Minimum

(m)

Minimum SSD

(m)

40 30 55

50 40 69

60 55 83

70 70 97

80 95 111

90 130 125

100 160 160

110 190 190

Figure 4 Minimum Sight Distance Requirements

Wherever practical, a domestic property access shall satisfy the Desirable 5 Second Gap or Minimum SSD

(Stopping Sight Distance) values defined above.

To ensure adequate sight distance, all visually impermeable walls, fences, vegetation and other obstructions

shall be maintained no higher than 0.75m within the identified area. Note that fencing standards are

determined by Local Governments and additional requirements may apply.


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3.4 Paired Crossovers

Paired crossovers are recommended for narrow lots. Where residential properties are located along a

Neighbourhood Connector streets with between 5,000 to 7,000 vehicles per day, paired driveways with the

ability to reverse into a parking lane are recommended (R-Codes and Liveable Neighbourhoods). An example

of paired crossovers is shown in Figure 5.

Figure 5 Example of Paired Crossovers (adapted from Seattle Municipal Code)

3.5 Geometry

Crossovers shall be aligned at right angles to the street alignment, wherever possible (R-Codes).

3.6 Assessment Criteria

A list of criteria for crossover designs are provided below:

Crossovers shall be adequately paved and drained in accordance with Local Government

requirements

The visual and physical continuity of the footpath is to be maintained (or reinstated) through the

Crossover

Crossovers shall provide unobstructed vehicle access to the individual lots and motorists must be

able to enter or reverse from the lot in a single movement. (For roads with more than 5,000 vpd, all

vehicles must be able to exit in forward gear).

If the frontage road is two-way and has more than two lanes and there is a provision for right turns

either into or out from the crossover, then additional consultation with Local Government is required.

Many Local Governments have policies and restrictions governing the provision of crossover along

multilane roads and can be based on various factors such and road hierarchy, traffic volumes, traffic

speeds or road function.

An example of a good design is shown in the Figure 6 which illustrates consistent crossover design with

priority pedestrian access.

6-8m 6-8m


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Figure 6 Example of Design Showing Path Priority


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4 Design Guidelines

4.1 Layout

4.1.1 Width

Sufficient width and an adequate splay configuration must be provided for the safe turning movement of

vehicles both from and onto the carriageway.

The requirements of AS2890.1 have precedence with respect to minimum design requirements and are

replicated as follows for residential crossovers under the following classification:

User Class 1A: Residential domestic and employee parking (AS2890.1: Table 1.1)

Access facility Category 1: <25 bays (AS2890.1: Table 3.1)

Crossover width is defined in the above documents as follows:

A minimum of 3.0m for all developments

A maximum of 3.0m for lots with a frontage of 12.5m or less, except where the R-Codes allow the

construction of a double garage, in which case a maximum width of 4.5m applies

A maximum width of 6.0m for lots with a frontage in excess of 12.5m.

Main Roads defines a minimum driveway radius of 1.5m (Main Roads WA: Urban Driveway Setout – Light

Vehicles Drawing No. 200431-0198-1).

Many Local Government Guidelines allow for apron widening ‘wings’ rather than radii at the road boundary.

The purpose of the wings of residential crossovers is to provide for ease of entry and exit by vehicles.

Comparison of ‘wing’ dimensions across a variety of WA Local Governments suggests an appropriate

standard width is 1.5m, consistent with the general intent of Main Roads WA recommendations. In special

circumstances where the standard wing width cannot be achieved, an absolute minimum of 1.0m may be

adopted.

Where paired driveways are provided, the minimum combined driveway width shall be 6m (Liveable

Neighbourhoods 2009: Element 2 - Clause R51). The maximum combined driveway width shall be 8m,

excluding apron widening ‘wings’.

In regards to battle-axe developments; for a single battle-axe lot, the minimum driveway width is 3.0m

whereas for adjoining battle-axe lots, the combined driveway width shall be 6m.

4.1.2 Length

Sufficient storage length must be provided (crossover and/or driveway length) for a vehicle to stand clear of

the roadway. Where the entrance has a gate, the set back from the road edge to the gate shall be a minimum

of 6m to allow for this (Main Roads Driveways Design Guide). Physical limitation such as verge depth will

affect this value. A length less than 6m requires justification and is subject to the Local Government’s

approval

4.1.3 Pedestrian Interface

Crossovers are defined to be ‘Road-Related Areas’ under the Road Traffic Code 2000. Pedestrians and

cyclists in these areas have priority over vehicles. For this reason it will be recommended that the pedestrian

infrastructure be provided in a continuous manner across all residential driveways, maintaining path crossfall

and material in preference to the crossover construction. Therefore, the ultimate crossover must be designed

to match path levels, where applicable.

The following design standard for grades and levels is considered in the context of this path position, which

represents the most constrained option for crossover construction, as shown below in Figure 7.


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Figure 7 Plan View of Model Crossover Design

4.1.4 Grades and Levels

Path construction guidelines dictate a maximum crossfall of 2.5% to cater for people who have a

disability (Austroads Guide to Road Design 6A, Clause 7.6). To allow the path to shed water and to

avoid ponding, a crossfall of 2.0-2.5% is recommended.

The maximum longitudinal gradient of a crossover at the property boundary is defined by Australian

Standards to be 5% (AS2890.1:2004, Clause 2.6.2 and Clause 3.3a). This allows safe Disability

Access from the path to the property boundary.

As a reference guide, Main Roads advises that at a point 1.5m into a crossover there shall be a

vertical rise of at least 100mm from the gutter (Main Roads, Driveway D12#57413), and this is an

acceptable minimum standard to apply to all residential crossovers. This height is achieved using

either of the kerb types described in Section 0.

The maximum gradient of a crossover is defined in Section 2.2.1.2 in IPWEA’s Subdivision Guidelines

is 1 in 8 (12.5%)

In areas of steep grades, the IPWEA Subdivision Guidelines Section 3.3.4: Verge and property

grades states that the verge on the high side may be graded at 2.0% for three metres and then

battered to suit the finished contours at a maximum of 16%.

Austroads’ Guide to Road Design - Part 6A: Pedestrian and Cyclist Paths recommend that shared

paths (i.e. paths intended to be used by both cyclists and pedestrians) be an absolute minimum of

2.0m and a desirable minimum of 2.5m in width. They should be located at least 500mm, and

preferably 1.0m from any significant obstruction or hazard, including the roadway, to provide sufficient

separation and safety. This guidance, shown in Figure 8, constrains the design envelope for

residential crossovers, as discussed further in Section 0.

500mm offset from kerb to path


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Figure 8 Typical Longitudinal Driveway and Verge Section Design

*A 2.5m width may not be achievable or desirable in all cases

In the absence of a pedestrian path, the maximum grade for a crossover should be 5%. This will allow

pedestrian footpaths to be retrofitted if desired without significant modifications to the existing geometry.

4.2 Kerbing and Edging

Existing semi-mountable and barrier kerbing shall be removed from the crossover location, and replaced by

the crossover kerb defined below, Figure 9. The extent of kerb to be cut should be identified and confirmed

with Local Government, then cut with a concrete saw and removed without damage to road pavement.

4.2.1 Crossover Kerb Design

To provide smooth transition from the road edge to the crossover and particularly to the pedestrian path in the

most highly constrained situation, the kerb profile must provide 155-160mm vertical rise from the gutter, over

a 500mm distance.

The profile of the recommended crossover kerb is consistent with an extended version of IPWEA Mountable

Kerb Detail (IPWEA Subdivision Guidelines Figure 3.2: Kerbing Profiles), as shown in Appendix A.

To achieve the required height at 500mm, it is recommended that a standard mountable kerb profile is

installed and in-situ concrete poured to fill the gap (200mm) at the same grade as the mountable kerb.

Alternatively, a Crossover Kerb profile can be used to improve constructability. Standard dimensions of these

kerb types are shown in Figure 9.

*

2-2.5% crossfall 2-5% longitudinal grade


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Standard IPWEA Mountable Kerbing

Alternative Crossover Kerb

Figure 9 Typical Kerb Geometry

The use of keyed kerbing is recommended on sweeping bends and may be a requirement of Local

Government.

Figure 10 provides an example of best practice alignment and construction of crossover kerbs.

Figure 10 Crossover Kerb Example


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4.2.2 Edging

A restraining edge is required for Bitumen/Asphalt and Block paving residential crossovers, as follows:

Rigid block or concrete edging is to be provided at the perimeter of all block paved crossovers to prevent

lateral movement of the header course.

Restraints shall be robust enough to withstand vehicle impact and prevent the lateral movement of the paving

blocks. Edge restraints shall be installed to the same level as the crossover.

4.3 Block Pavement Structures

Comparison of block pavers across a variety of Western Australian Local Governments suggests an

appropriate minimum thickness shall be 60mm.

Applicable block paving patterns for driveway crossover are stretcher bond and 45 or 90 degree herringbone

pattern as shown in Figure 11. The most preferred pattern is 45 or 90 degree herringbone because the

pattern tightly interlocks the bricks and it can handle significant weight, which is ideal for driveways.

Rectangular stretcher bond are generally not advised as the structural integrity is inferior to other patterns.

Figure 11 Residential Block Paving Patterns


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4.4 Existing Paths

The path shall be kept in a safe condition at all times, with appropriate signage installed, in accordance with

the relevant Australian Standards (AS 1742), warning pedestrians of construction works until reinstatement

work is completed.

Where the existing footpath or shared path is in-situ concrete, in good condition and is over 100mm thick,

then the footpath can be preserved. The crossing shall be constructed either side of the concrete path or

matched up with it (see Section 3: Planning Guidelines). If the footpath is in a poor condition or has an

inadequate structure then it must be reconstructed ensuring that it preserves continuity across the crossing,

maintaining path crossfall and material in preference to the crossover construction. Therefore, the crossover

must be designed to match path levels, where applicable.

Existing shared paths are exempt from the conditions in Clause 4.1.3: Pedestrian Interface to prevent the

removal of good quality paths.

The existing path shall only be removed and replaced if it falls under any of the following conditions:

Is damaged or less than 100mm thick for residential crossovers;

Is not in-situ concrete;

Has an incorrect gradient.

Paths identified for removal are to be assessed beforehand by the Local Government or approved contractor.

4.5 Culverts

Where a residential crossover traverses an open drain or swale, a culvert will be required. This situation is

common in regional and rural developments, with design highly dependent on the local environment. Refer to

Local Government Specifications for culvert design.

4.6 Redundant Crossovers

Any redundant crossovers shall be removed and the verge, kerbing and footpath (if present) reinstated to fit in

with the surrounding form/development pattern.


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APPENDIX A – EXAMPLE OF

CONSTRUCTION OF STANDARD RESIDENTIAL CROSSOVER

1. General

1.1 Boundary Clearance

a) Minimum 0.5m from the side property line (as per R-Codes - including battle-axe driveways servicing a subdivided block).

b) Minimum 6.0m from the corner truncation peg.

1.2 Street Furniture Clearance

a) Side-entry pits – 1.0m.

b) Street trees – 2.0m.

c) Utility boxes – 1.0m.

d) Street lights/Power Poles – 1.0m.

e) Bus stops – 1.0m.

f) Bus shelters – 1.5m.

g) Pram ramps – 1.0m.

Where physical limitations may prevent attaining these minimum clearances, consultation with Local

Government is required.

2. Schedule of Requirements

a) Minimum width at property boundary – 3m

b) Maximum width at property boundary –

3m for lots with a frontage of 12.5m or less (except for the construction of a double garage, in which case a maximum of 4.5m applies).

6m for lots with a frontage in excess of 12.5m.

c) Minimum width for paired crossover at property boundary – 6m.

d) Maximum width for paired crossover at property boundary – 8m.

e) Depth –

Concrete: 100mm minimum.

Bitumen/asphalt: 25mm minimum (Note that some Local Governments prohibit the use of bitumen/asphalt).

Brick paving: paver depth to be 60mm minimum (In accordance to AS 2890.1 2004).

f) Radii/Wings – The width of ‘wings’ on the apron at kerb line shall be minimum 1.5m. If kerb radii is used instead of wings, the radius shall be 1.5m. In special cases where the standard wing width cannot be achieved, an absolute minimum of 1.0m may be adopted.

g) Gradient and Levels –

Maximum crossover gradient over paths is 2.5%


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At the property boundary, the maximum longitudinal gradient is 5%.

In areas of steep grade – the verge on the high side may be graded at 2.0% for three metres and then battered to suit the finished contours at a maximum of 16%.

h) Levels – Contact the Local Government for the required crossover levels. At a distance of 1.5m into a

driveway there must be a vertical height of at least 100mm from the invert of the kerb. As a general

guide, the crossover shall match up with:

The existing verge level if it is of uniform height with the adjacent verges.

The average level of the two adjacent crossovers or verge levels where there are no crossovers.

To maintain drainage, the back of the crossover apron (i.e. ramp section) should be maintained at the

level of the top of kerb or the existing verge level, whichever is highest.

i) Crossovers shall not be constructed closer than 6m, measured from the crossover splay, to the intersection of property lines at street corners as per AS 2890.1, wherever practicable. For crossover located near traffic lights, Main Roads Western Australia guidelines and standards apply. Additional restrictions are placed on non-domestic driveways and should be discussed with Local Government.

j) Crossovers shall be constructed at right angles (90 degrees) to the street alignment, wherever practicable.

k) Crossovers shall provide a non-slip surface finish.

3. Construction

3.1 Excavation

Excavation for the crossover shall be taken to the levels, lines and grades as set by the Local Government. All

excavations shall be executed cleanly and efficiently to provide for a consolidated sound base free of

depressions, soft spots or any deleterious materials.

a) The contractors shall be responsible for ensuring that all excavated material is removed from the site at the same time as the excavation is carried out. No excavated material shall be stockpiled on site or buried in the verge.

b) Existing barrier or semi-mountable type kerbing is to be cut with a concrete saw and removed without damage to road pavement, remaining kerbing or services. To facilitate neat removal and subsequent reinstatement, the concrete or bitumen to be removed shall be completely separated from the adjoining concrete or bitumen by means of a concrete or bitumen saw.

c) When an existing concrete path has thickness of 100m or more, in good condition, and adjacent to the lot boundary or kerb line, the crossing shall be constructed either side of the concrete path.

The existing path shall be removed and replaced where it is damaged, is less than 100mm thick or

has an incorrect gradient. Crossovers should never take precedence over the path (AS1428.1).

d) An existing asphalt path shall be reconstructed if it is damaged, is less than the nominal thickness, has an incorrect gradient, and/or where the path has not been reinforced.

e) The subgrade shall be watered, thoroughly compacted and shaped to provide a dense uniform surface.


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3.2 Concrete Crossover

Compaction – The subgrade shall be compacted to a minimum of 95% Maximum Dry Density

(MMDD). Compliance to be in accordance with Local Government direction.

Concrete – All concrete used shall develop compressive strength of 25 MPa at 28 days. The

concrete to be used shall be composed of a mixture of sand, cement, aggregate and water to

give strength specified with a maximum slump of 80mm. Concrete and its placement shall

conform to AS 1379 (1991) and AS 3600 (1988) respectively.

Reinforcement – Steel reinforcement may be required in the construction of concrete crossovers, for

higher levels of projected traffic and load.

Placing concrete – The base shall be thoroughly and evenly moistened, but not saturated, prior to

placing concrete. All stones or other deleterious materials shall be removed from the base prior

to pouring concrete. Concrete shall be evenly placed to the depth specified and shovelled into

position continuously and spaded, especially at all edges, to give maximum density. No

concrete shall extend on the road surface. No break in operation shall be permitted from time of

placing concrete to finishing.

Kerbing – To provide smooth transition to the verge level and particularly to the pedestrian path. A

Crossover Kerb profile may be used.

Finishing – Surface finish shall be obtained by screeding to the correct levels and finished with a

transverse brooming tool to provide a non-slip dense surface, free of any depressions, float

marks, irregularities, honeycomb sections or slurry likely to cause excessive surface wear.

Edges shall be smoothed using a 100mm wide edging tool.

Jointing – Expansion joints shall be full depth joints and filled with bitumen-impregnated canite or

similar approved material and butyl mastic sealer. Expansion joints should be located at:

i. The lot boundary and both sides of a path where there is a path and also at the back of

the kerb section adjoining the crossing.

ii. Where it adjoins a rigid structure or any public utility structure.

iii. The ends of the existing kerbing where kerbing has been removed.

iv. 6m maximum spacing on long crossings.

Contraction joints shall be made with an approved jointing tool with 2m maximum spacing

either laterally or longitudinally.


Page 167

3.3 Bitumen/Asphalt Crossover

Note: Bitumen/Asphalt Crossovers may be prohibited by some Local Governments.

b) Base Course – Base course material shall be in compliance with the WALGA Specification 1 –

Granular Pavement Materials (Type 1.2, 2.2 or 3.2) or at the direction of Local Government.

The Base course is to have a total compacted thickness of not less than 100mm for residential

crossover. Material to be spread, rolled, water-bound and corrected as necessary to shape and

grade. The thickness shall be increased to 150mm if the asphalt is to be paver laid.

Sub-Base – If subbase material is used as an alternative basecourse then it must have total

compacted thickness of not less than 150mm. The material must comply with the WALGA

Specification 1 – Granular Pavement Materials (Type 6.2) or at the direction of Local

Government.

Compaction – The base course shall be compacted to 98% of the maximum dry density (MMDD).

Subbase shall be compacted to 95% MMDD. The subgrade shall be compacted to a minimum

of 95% MMDD. Compaction control shall be at the direction of Local Government.

Asphalt – Black asphalt shall be type RAC10 with 50 Marshall Blow, red asphalt shall be type RAC10

with 50 Marshall Blow. Asphalt shall comply with the IPWEA/AAPA specification for supply and

installation of asphalt road surfacing. The compacted asphalt thickness shall be not less than

25mm if basecourse material is used and not less than 40mm if subbase material is used.

Laying – Asphalt work should not be done in cold, windy or wet conditions as thin layers of asphalt

(30mm or less) cool rapidly in these situations and will not be compacted adequately. The

finishing work shall be undertaken while the material is hot, to produce a fine, dense, smooth

surface, free of surface voids.

Edging – The edges of the crossover are to be formed using a flexible 30mm deep steel border

pegged to shape (to be removed on completion), to provide a symmetrical and uniform shape

and appearance. A gravel shoulder, 500mm wide and 100mm thick, should be provided at the

edges of the crossover to finish flush with the top of the asphalt surface. Concrete kerb laid to

finish flush with the final surface of the crossover may also be used as edge restraints.


Crossover Kerb profile may be used.

3.4 Block Paved Crossover

c) Base Course – Base course material shall be in compliance with the WALGA Specification 1 –

Granular Pavement Materials (Type 1.2, 2.2 or 3.2) or at the direction of Local Government.

The Base course is to have a total compacted thickness of not less than 100mm for residential

crossover. Material to be spread, rolled, water-bound and corrected as necessary to shape and

grade.

d) Sub-Base – If subbase material is used as an alternative basecourse then it must have total

compacted thickness of not less than 150mm. The material must comply with the WALGA

Specification 1 – Granular Pavement Materials (Type 6.2) or at the direction of Local

Government.

Compaction – The base course shall be compacted to 98% of the maximum dry density (MMDD).

Subbase shall be compacted to 95% MMDD. The subgrade shall be compacted to a minimum

of 95% MMDD. Compaction control shall be at the direction of Local Government.

Bedding layer – The bedding layer shall have a pre-compacted depth of 20mm to 40mm, such that

the final compacted thickness is within a tolerance of 25mm ± 10mm. The bedding layer shall

be well-graded concreting sand, free of deleterious soluble salts and other contaminants. The

sand should be of uniform moisture content, and is to be spread over the compacted base

course and screeded in a loose condition.


Page 168

e) Paving Blocks – The paving units shall be either clay or concrete, 60-76mm thick complying

with AS4455 and AS4456.

Laying – The paving units shall be laid onto the loose bedding sand with a gap of approximately 2-

3mm between adjacent bricks. Part bricks shall be neatly cut to size with hydraulic guillotine,

bolster or saw.

Joint filling – The sand used for joint filling should be finer than the bedding layer. As soon as

possible after compaction, dry sand for joint filling shall be broomed over the pavement and into

the joints. Excess sand shall be removed as soon as the joints are filled.

Edge restraint – Edge restraint shall be provided to withstand vehicle impact and prevent lateral

movement of the paving bricks. Edge restraint can be provided by placing at least 100mm wide

(preferably 250mm wide) and 100mm deep minimum cast in-situ concrete strip or precast

concrete kerb along both sides of the crossover. The use of sand/cement mortar is not

recommended as an edge restraint.


Crossover Kerb profile (shown in the attached drawings) may be used instead.

3.5 Innovation in Construction Methods

The above recommendations do not preclude the application of innovative construction methods, such as

permeable pavements or recycled materials. However, any such departures from standard design methods

should be discussed with Local Government through the crossover application process.

Recycled road base manufactured from crushed demolition materials can be used as both base and subbase.

The material must be in accordance with the IPWEA/WALGA Specification for the Supply of Recycled Road

Base.

Table 1-1 Schedule of Requirements

Schedule of Requirements

CONCRETE

Item Residential

Thickness 100mm

Concrete Strength Capacity @ 28 days 25 MPa / 90mm slump

BLOCK PAVED

Item Residential

Thickness of Blocks 60 - 76mm

Sand Bedding 30mm

Base Material - Rock base/gravel OR Sub Base Material - Limestone

100mm

150mm

ASPHALT

Item Residential

Base Material Asphalt OR Sub Base Material – Limestone Asphalt

100mm 25mm

150mm 40mm


Page 169

4 Contractor Responsibilities

f) The identification, location and protection of all services.

g) Cut existing barrier kerbing with a concrete saw and remove without damage to pavement or

remaining kerbing or services.

h) Ensuring that a permit for the concrete works has been issued by the Local Government.

i) Remove and dispose of all surplus material from the site and leaving the site in a clean and tidy

condition at all times.

j) Remove all formwork without damage to concrete or pavement or existing kerbing.

k) Reinstatement of kerbing, concrete or brick paving or bituminous road surfaces to comply with

Local Government specifications if damaged during the course of the works.

l) The repair of any damage to Public Utility Service or any other thing damaged during the

course of works. May require approval from Local Government or service provider prior to

repair.

m) The protection of private property from damage and the new crossover surfaces from the rain

damage or vandalism.

n) Liaison with the ratepayer to provide for access and egress and notification of intention to

commence works.

o) Maintain good public relations with the Local Government and ratepayers.

p) Cutting of all bitumen where removal is specified.

q) To pay all fees charged by Waste Disposal Sites in respect of excavated material.

r) Traffic management and the safety of vehicles and pedestrians affected by the works

s) Notification and compliance with all the requirements of the relevant local government or road

authority including inspections to be completed.

t) The construction of a standard crossover may be eligible for Local Government contribution.

The amount contributed is at the discretion of the governing Local Government.


Page 170


Page 171


Page 172


Page 173

5.11 Review of Electricity (Network Safety) Regulations 2015 (05-001-03- 0019 ID WALGA State Council Meeting December 2016

Page 174

5.11 Review of Electricity (Network Safety) Regulations 2015 (05-001-03-0019 ID)

By Ian Duncan, Executive Manager, Infrastructure

Recommendation

That WALGA request the State Government initiate a review of the Electricity (Network

Safety) Regulations 2015 to ensure the electricity network safety management system is

independently audited, providing public assurance that the serious hazards to people and

property presented by electricity distribution networks are appropriately managed.

In Brief

The Electricity (Network Safety) Regulations 2015, gazetted in August 2015, require the

electricity network operators (Western Power, Horizon Power) to prepare an Electricity Network

Safety Management System in accordance with the relevant Standard AS 5577. However, in

Western Australia, the regulations do not require the electricity network operators to submit the

Safety Management System to the regulator, EnergySafety WA, or to achieve a satisfactory

independent audit of the System.

Regulatory oversight is weaker in Western Australia than other Australian jurisdictions, which is

particularly inappropriate at a time when sale or long term lease of the main electricity network

operator is being considered.

If not managed correctly, electricity networks are capable of presenting serious local and large

scale hazards to the community as has been demonstrated in Western Australia (eg Toodyay

2009; Stoneville 2014)

Regulations consistent with those adopted in other Australian jurisdictions would both provide

stronger regulation of the industry and deliver the harmonisation of regulations promised in the

2012 Intergovernmental Agreement on this matter.

Attachment

Nil.


Key Strategies





Policy Implications

Nil.


Nil.

Background

In 2008 the electricity utilities in various States and Territories advocated to make technical and

safety regulation a national rather than State responsibility. In response the Council of Australian

5.11 Review of Electricity (Network Safety) Regulations 2015 (05-001-03- 0019 ID WALGA State Council Meeting December 2016

Page 175

Governments (COAG) agreed to an Intergovernmental Agreement for the harmonisation of

regulations covering technical and safety aspects of electricity transmission and distribution

across jurisdictions. The Intergovernmental Agreement was that all States and Territories would

in their regulations mandate the requirement for a network operator to have an acceptable safety

case to cover all their design and field work, and that a new Australian Standard (AS 5577) would

be developed to cover the purpose, structure and content of electricity network safety cases. The

electricity network safety management system or “safety case” identifies all the possible hazards

to people (employees, contractors and the public) and property, associated with constructing,

operating and maintaining an electricity network. It sets out how work will be carried out by the

network operator in such a way that either eliminates the hazards, or reduces the risks to an

acceptable level by adopting technical design standards and work practices.

AS 5577 was developed and during 2015 the States and Territories changed their regulations to

adopt it. This occurred in Western Australia in August 2015, with the Electricity (Network Safety)

Regulations 2015 replacing the existing regulations.

Electricity distributors in Western Australia are now required to develop and have an electricity

network safety management system. However, unlike other jurisdictions, in Western Australia

there is no requirement for the electricity distributors to have the system independently audited or

to submit it to the regulator for acceptance or approval.

Comment

If not managed correctly, electricity networks are capable of presenting serious local and large

scale hazards to the community. This has been demonstrated in Western Australia (for example

Toodyay 2009, Stoneville 2014) and other jurisdictions on a number of occasions in the recent

past. The absence of a framework in the regulations that give the Regulator (Energy Safety) any

role in ensuring that the network operators have a meaningful safety management system and

comply with it may expose people and property in Western Australia to greater risk.

Local Governments have broad responsibilities for identifying and assessing hazards within the

community. Bushfire risks, including those initiated by failures of the electricity transmission and

distribution network are significant in outer metropolitan and rural areas.

An appropriate regulatory framework is an important precursor to partial or full privatisation of

electricity network operators, or long-term leasing of the assets.

Local Governments have and continue to seek efficient electricity tariffs, to minimise the costs to

ratepayers of the electricity used to operate facilities and light public places. Effective risk

management is an important element of cost control within any business or organisation.

However, it must be recognised that an overly bureaucratic or ineffective safety management

system may add to costs, without fundamentally reducing the risks associated with electricity

network operations. This may be put forward as an argument in support of the existing, light-

handed regulations.

It is proposed that WALGA adopt a policy seeking the State Government initiate a review of the

Electricity (Network Safety) Regulations 2015 to implement an independent review of the

electricity network safety management system prepared by the network operators by a third party

auditor or the regulator. This will provide increased assurance that the serious hazards to people

and property presented by electricity distribution networks are appropriately managed.

6.1 Ceding and vesting of foreshore reserves (05-047-01-0006 VJ WALGA State Council Meeting December 2016

Page 176

6. MATTERS FOR NOTING / INFORMATION

6.1 Ceding and Vesting of Foreshore Reserves (05-047-01-0006 VJ)


Recommendation That the research undertaken by Western Suburbs Regional Organisation of Councils

(WESROC) and the further actions that will be undertaken with members regarding the

ceding and vesting of foreshore reserves be noted.

In Brief The Western Suburbs Regional Organisation of Councils (WESROC) commissioned a study

and received a Foreshore Management Plan for the Swan River Estuary in May 2016

The report outlines a series of issues and concerns for the subdivision, vesting and ongoing

management of river foreshore reserves, which are applicable to all river or coastal reserves in

WA.

In order to obtain a sector position for discussion with various State Government Departments,

further discussions with members will be undertaken.

Attachment Nil.










Background The Western Suburbs Regional Organisation of Councils (WESROC) comprising six Local

Governments; Claremont, Cottesloe, Mosman Park, Subiaco, Nedlands and Peppermint Grove,

work in voluntary partnership on projects across or on shared boundaries, and to address cross-

boundary regional issues. The Town of Cambridge also participates in many WESROC projects.

WESROC commissioned a study and received a Foreshore Management Plan (FMP) for the Swan

River Estuary in the Western Suburbs in May 2016. In addition to individual Council considerations,

the report contained five broad recommendations, two of which affect other Local Governments

along the Swan and Canning Rivers, as well as coastal Local Governments.


Page 177

The two recommendations are:

A. Ceding and vesting of privately-owned foreshore: WESROC should consider its position with

respect to this policy and if deemed appropriate, liaise with along the Swan and Canning

Rivers and WALGA to collectively approach the Department of Parks and Wildlife Rivers

and Estuaries Division, the Minister for Planning and the WAPC to review this approach of

vesting land along narrow or eroding foreshores

B. Interactions with private ownership: Legal clarification should be sought by WESROC on the

relative obligations of LGAs for foreshores with interactions with private ownership and their

capacity to obtain funding to support protective efforts (such as Specified area rates under

Section 6.37 of the Local Government Act 1995).

Further to these discussions of issues relating to the management of Crown Reserves along the

foreshore of the Swan River, WESROC has formally requested that WALGA:

1. obtain sector wide support to address the problem of inaccessible river foreshore reserves

and interactions with private ownership;

2. consider forming a collective Local Government position on 1 above; and

3. approach the Department of Parks and Wildlife Rivers and Estuaries Division, the Minister

for Planning, the Western Australian Planning Commission (WAPC) and Department of

Lands (DOL) to resolve identified issues of management, care and control of newly created

river foreshore reserves.

Comment In reviewing the WESROC Foreshore Management Plan, there are several fundamental issues that

have been highlighted that need to be resolved before management of a reserve is issued to Local

Government;

Local Governments are given the opportunity to consent to the management of a reserve before

a management order is issued and in many cases accept management. Local Governments are

being asked to accept management orders to care, control and manage river foreshore reserves

where access is restricted or sometimes non-existent;

Dilapidated private walls, boat ramps and other such items have transferred across to public

ownership on creation of a foreshore reserve resulting in financial burden on Local

Governments and their ratepayers to manage these ageing and potentially unused structures;

Local Governments should be able to request the WA Planning Commission to impose a

planning condition requiring the land excised for reservation be ceded to the Crown in its "raw"

state free of any structures or developments. If such a condition were imposed Local

Governments would have a statutory mechanism to have structures/development removed at

the proponent’s cost, and would allow removal to be more appropriately dealt with at time of

property demolition;

The issue for private ownership landward of a narrow foreshore reserve is that owners may

expect that the Local Government will protect their properties at public expense, particularly

where it is deemed to provide public foreshore access. In this way, private landowners may

expect to be insulated from erosive stresses, at no cost;


Page 178

Management of these foreshores is further restricted by existing funding arrangements for

stabilisation works, which exclude management of privately-owned foreshores.

It would therefore be beneficial to discuss the WESROC issues with other Local Governments who

also have river and coastal reserves, in order to prepare a sector wide issues paper on the

concerns outlined above. Depending on the complexity of the issues considered with members,

there may be the requirement for further clarification through legal advice. The issues paper could

then be discussed with the Department of Parks and Wildlife Rivers and Estuaries Division, the

Minister for Planning and the WAPC to consider a review of their approach of vesting land along

narrow or eroding foreshores.

It is therefore proposed that WALGA will host a workshop with interested Local Governments in

order to progress these discussions further.

6.2 Libraries Working Group (05-012-02-0011 MP) WALGA State Council Meeting December 2016

Page 179

6.2 Libraries Working Group (05-012-02-0011 MP)

By Melissa Pexton, Policy Manager Community

Recommendation That the work being undertaken by the Public Libraries Working Group led by the

Department of Culture and Arts be noted.

In Brief In accordance with WALGA State Council’s request (Resolution 101.6/2015), the Minister

Culture and Arts established a Public Libraries Working Group to lead the development and

implementation of transformational change program in Western Australia.

The Public Libraries Working Group are developing a public libraries future directions discussion

paper which will outline the current strategic landscape, identify issues, challenges and outline a

shared vision for the provision of public library services by December 2016.

Attachment Nil.


Key Strategies



Governments; and



Continue to build capacity to deliver sustainable Local Government; and


Government in Western Australia;



Promote WALGA’s advocacy successes with the sector and the wider community; and


Background There are 233 public libraries in Western Australia. The Library Board Act 1952 provides the

provision for Local Government to deliver library services across all of Western Australia. It is one of

Local Government’s most well regarded services that State and Local Government provide in

partnership to the Western Australian community.

The role of the public library is changing. Libraries have grown to reflect broader needs of their

communities and have adapted their services accordingly. Public libraries are hubs of the

community; safe and accessible spaces, particularly in remote and regional Western Australia

where people can connect with each other, find out information and explore new ideas.


Page 180

Several pieces of research have been conducted over the past 10 years to modernise and reform

public library services. Most recently, in 2015, WALGA led a consultation process with Public

Libraries to inform the development of a new vision for Public Libraries in Western Australia.

WALGA State Council at the August 2015 meeting endorsed the research paper titled Public Library

Services in Western Australia in 2025 Research and Consultation Findings 2015. The report

provided greater understanding of the current environment and context in Western Australia

impacting on local library service delivery, including economic drivers and State and Local

Government planning and policy frameworks

From this report, WALGA facilitated the development of Vision 2025 and framework for Strategic

Action. At the 2015 September meeting of the WALGA State Council, it was resolved (Resolution

101.6/2015);

1. That:

a. The Vision 2025 and Framework for Strategic Action for Public Library Services in

Western Australia be endorsed.

b. WALGA seeks the Minister for Culture and Arts and Minister for Local Government and

Communities’ support for:

i. the Vision 2025 and Framework for Strategic Action for Public Library Services in

Western Australia;

ii. development of a Public Libraries 2025 Strategic Plan; and

iii. the establishment of a Public Libraries Taskforce, as a matter of priority, to lead

the development and implementation of the strategic plan.

2. That WALGA coordinate and conduct a second phase of research to further develop the

strategies and actions outlined in the Framework for Strategic Action and identify the

legislative, funding and service models required to achieve the Vision 2025.

The Library Board of Western Australian also considered the paper in September 2015.

The Minister for Culture and the Arts agreed to the establishment of a Public Libraries Working

Group chaired by the Director General, Department Culture and Arts (DCA), Duncan Ord. WALGA

CEO, Ricky Burges along with Councillor Reid represent the sector on this Working Group.

Furthermore, WALGA have supported the secondment of Jodie Holbrook, Policy Manager

Community, to undertake the role of Manager Strategic Projects at Department of Culture and Arts,

to support the working group to undertake the following priority areas:

a) Legislative Reform;

b) New model for regional remote library services including relationship with Community

Resource Centres;

c) Single Card access system;

d) Grants systems based on standards;

e) Incentive programs for innovative libraries;

f) A new model for support of WA public libraries, including funding; and

g) Public value modelling.

The Public Library Working Group is developing a Public Libraries future directions discussion

paper which will outline the current strategic landscape, identify issues and challenges and outline a

shared vision for the provision of public library services. It will draw together all the research to date,

including WALGA’s Vision 2025 document, to shape a policy reform and funding agenda for the


Page 181

next 15 years. This will be closely aligned to the recently released Department of Culture and Arts

Strategic Directions 2031.

The discussion paper will include:

the evolving role of public Libraries as community hubs;

outline new regional model to support the effective provision of library services in

regional/remote areas;

outline new funding model which links funding to agreed strategic and operational outcomes

based on national standards and Government policy direction;

identify the key principles for the provision of public library services in Western Australia;

define the mutual and respective roles of the State and Local Government;

recommend legislative and governance arrangements; and

provide a framework for measuring outcome based performance.

A Reference Committee is being established to guide the development of the discussion paper

which will be released in December 2016 for public consultation. The reference committee will

include representation from the Public Libraries Advisory Group (PLAG) (the Committee that

oversaw the development AEC research Commissioned by WALGA), the Public Libraries WA

Executive, and State Library of WA (SLWA), Library Board of Western Australia and the DCA. It is

anticipated the committee would provide advice electronically on the draft discussion paper.

The feedback will provide the framework to develop the strategic blueprint and shared vision for

Public Library service delivery in Western Australia.

Comment The DCA recognise and acknowledge the Local Government sector has contributed significantly

through the development of the Vision 2025 and framework for strategic action, Public Library

Services in Western Australia. This paper has positioned the Local Government sector well to

develop a shared vision for public libraries and is the impetus for the transformational change that is

being led by the Public Library Working Group.

Central to the success of this reform is the ongoing commitment of the sector to the four strategic

pillars for change identified within the Vision 2025 endorsed by State Council:

1. Integrated planning;

2. Good governance;

3. Strategic positioning; and

4. Best value service delivery

The Arts Leadership Group recently released Strategic Directions 2016- 2031, which provides the

long term strategic direction for the arts and culture sector in Western Australia. It validates the

considerable effort and resources that the State and Local Government commit to libraries on

behalf of the Western Australian community and their importance going forward. It formally

articulates the commitment to deliver a joint vision of library reform by State and Local Government.

What is evident from the work to date, is that Local Government should recognise the opportunities

for change and innovation in the way WA’s 233 public libraries deliver services is essential to their

sustainability. As a sector we need to be thinking strategically about what else is being achieved by

public libraries and ensure that the workforce, resourcing and funding enables libraries to grow and

reflect the needs of their communities now and into the future. We need to keep our focus on the


Page 182

The delivery date of the discussion paper is December 2016 which will require organised and timely

feedback from the sector. WALGA will prepare a response to the discussion paper and encourages

the sector to maintain momentum and participation in this important change process.

6.3 Public Health Act (05-031-01-0001 EDR) WALGA State Council Meeting December 2016

Page 183

6.3 Public Health Act 2016 (05-031-01-0001 EDR)

By Evie Devitt-Rix, Policy Officer, Community

Recommendation That the commencement of implementation of the Public Health Act 2016 (‘the Public Health

Act’) and the supporting Public Health (Consequential Provisions) Act 2016 (‘the

Consequential Act’), and WALGA’s involvement in assisting Local Governments in fulfilling

their obligations under the Act be noted.

In Brief The Public Health Act and Consequential Act were granted Royal Assent on 25 July 2016. The

Acts repeal much of the Health Act 1911, and aim to create health priorities for the State which

are relevant to present day situations. Implementation will occur in a staged manner over the

next three to five years.

Stage 1 of implementation began on the day of Royal Assent (25th July), and Stage 2 began the

following day (26 July 2016). During these stages certain clauses from the Public Health Act

come into effect. However the first six months following Royal Assent should be considered

business as usual for Local Government – continuing to enforce the Health Act 1911 and

subsidiary legislation.

The State Government is required by the Public Health Act to prepare a State Health Plan, and

Local Governments will be required to prepare Local Public Health Plans.

Attachment The Public Health Act 2016 is available at: https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_13791_homepage.html


Key Strategies













Background The development and introduction of the Public Health Act is a major public health initiative and

regulatory reform undertaking for Western Australia. WALGA State Council has consistently

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_13791_homepage.html


Page 184

advocated for the introduction of the Act as a foundation for a risk management approach to public

health for both State and Local Government. (Resolutions 0159.COM.6/2005, 307.6/2007,

9.1/2015).

The Public Health Act together with the supporting the Consequential Act, received Royal Assent on

the 25th July 2016.

Implementation of the Public Health Act and Consequential Act will occur in a staged manner over

the next three to five years. The first six months following Royal Assent should be considered

business as usual for Local Government – continuing to enforce the Health Act 1911 and subsidiary

legislation.

Stage 1 of implementation began on the day of Royal Assent (25 July 2016). On this day clauses 1

and 2 of the Public Health Act and Consequential Act came into operation.

Stage 2 occurred on the day following Royal Assent (26 July 2016). At the initiation of Stage 2 the

following clauses to come into operation: Clauses 3-5 – Objects and Principles, terms used and

Crown bound. Part 16 – Crown Exemptions and Part 18 – Miscellaneous Provisions and parts of

Part 19 will come into operation.

Stage 3 will occur on a date fixed by proclamation. It is it is anticipated that this will happen within

six months of Royal Assent, in approximately February 2017. At the commencement of Stage 3 the

Health Act 1911 will be re-named the Health (Miscellaneous Provisions) Act 1911.

During this stage elements of the administrative framework provided by Part 2 of the Public Health

Act 2016 will come into operation to replace the equivalent administrative framework provided by

Part II of the Health Act 1911. This includes provisions establishing the Chief Health Officer and

enabling enforcement agencies to designate authorised officers for the purposes of the Act.

Amongst other things, references to the “Executive Director, Public Health” and to “environmental

health officers” will be changed to be references to the “Chief Health Officer” and to “authorised

officer” respectively.

In order to minimise the impact on Local Governments, section 312 of the Public Health Act

includes a transitional provision. Under that section, persons who are currently appointed as

environmental health officers will be deemed to be designated as authorised officers for the purpose

of the Public Health Act, the Health Act and a range of other relevant Acts.

To prepare for Stage 3, Local Governments should identify each person who holds a current

appointment as an environmental health officer and issue each of these persons a certificate of

authority. Local Governments should prepare and maintain a list of those authorised officers.

As part of Stage 3 an amendment will be made to section 3.5 of the Local Government Act 1995 to

authorise local laws for matters relating to public health to be made under that Act. Local

Governments are encouraged to utilise this mechanism for all new local laws in anticipation of the

repeal of the local law making powers provided by the Health (Miscellaneous Provisions) Act 1911

in Stage 5. Association representatives form part of a working group coordinated by the Department

of Health and including Local Government representatives to consider the new regulatory

framework and what it means for existing health local laws.


Page 185

Stage 4 will occur on a date to be fixed by proclamation, approximately 12 months from Royal

Assent. Stage 4 provides for the commencement of provisions relating to notifiable infectious

disease and related conditions, serious public health risks and public health emergencies. As new

provisions under the Public Health Act come into operation equivalent provisions under the Health

(Miscellaneous Provisions) Act 1911 and subsidiary legislation will be repealed.

Stage 5 will occur on a date fixed by proclamation, 3-5 years from Royal Assent, which will be

approximately 2019-2021. Provisions in the Public Health Act relating to environmental health

matters will be commenced. Amongst other things, this will involve the development of new

regulations for areas including the built environment, water, personal safety and pests and vectors.

Equivalent provisions in the Health (Miscellaneous Provisions) Act 1911 and regulations and by-

laws made under that Act will be repealed.

Stage 5 will be the most significant stage of implementation for Local Government. It will be the

point at which Local Governments move from the framework provided by the Health (Miscellaneous

Provisions) Act 1911 to the framework provided by the Public Health Act. Provisions in the Public

Health Act relating to public health planning, assessments, registration and licensing will be

commenced along with the enforcement provisions.

The Department of Health has pledged to provide regular updates to Local Government to ensure

that adequate notice is given to prepare for each stage of implementation. Association

representatives sit on the Department of Health’s Public Health Act Reference Group. The

Association also hosts a Public Health Advisory Group.

Public Health Act Reference Group

The Department of Health has established a reference group which includes representative

members from the Environmental Health Directorate, Public Health Division, Department of Health;

WALGA; Environmental Health Australia (EHA), Regional and Metropolitan Local Governments.

The objectives of the Public Health Act Reference Group include: guiding the administration of the

Public Health Act 2016 and subsidiary legislation in Western Australia, presenting the views of

Local Government in relation to public health administration, providing first review of Department of

Health draft information resources and acting as a public health legislation reference group for Local

Government.

WALGA Public Health Advisory Group

The WALGA Public Health Advisory Group supports the Association in their advocacy activities in

the public health portfolios (including environmental health, health promotion, physical activity and

preventive health), through identifying public health issues that impact on the Local Government

sector. The group also provides policy and technical advice to inform WALGA submissions and

advocacy to the State and Federal Governments on behalf of Local Government.

Membership comprises of Local Government staff with a focus and responsibility for public health

and WALGA Planning and Community Development and Waste representatives. The Group meets

quarterly and have identified four key priority areas to focus on for the next twelve months. At the

most recent meeting on 17 August 2016 the Group discussed how to better position the Local

Government sector to demonstrate the achievements of Local Governments in the public health


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space and highlight what Local Governments can do that no one else can in public health. The next

meeting of the Group will be held on November 16, 2016.

WALGA is preparing a discussion paper for Local Governments to provide information on their

obligations under the Act and priorities in preparing their Local Public Health Plans.

Comment The commencement of the Public Health Act and the Consequential Act are a positive step towards

preventing illness and better protecting and promoting the health of all Western Australians. The

Acts recognise the roles and functions of State and Local Governments, and provides for the

continuation of arrangements whereby responsibility for public health is shared between State and

Local Government. The WA Department of Health will engage in a policy and advisory role while

Local Governments will be at the forefront of operational activities in public health.

6.4 State Government Response Special Inquiry January 2016 Waroona Fire (05-024-03-0035 MP) WALGA State Council Meeting December 2016

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6.4 Government Response Special Inquiry January 2016 Waroona Fire (05-024-03-0035 MP)

By Melissa Pexton, Policy Manager Community

Recommendation That the State Government Response to the Report for the Special Inquiry into the January

2016 Waroona Fire be noted.

In Brief The State Government has responded to the Report of the Special Inquiry into the January 2016

Waroona Fire in September 2016 providing support to all 17 recommendations and in principle

support for all 23 agency opportunities for improvement of the Special Inquiry by Euan Ferguson

AFSM.

The response articulates work that has commenced prior to the 2016/17 bushfire season with

further work to be considered and implemented beyond the 2016/17 bushfire season.

Attachment The State Government response is available at: https://news.wa.gov.au/wp-content/uploads/2016/09/Government-response-to-Ferguson-Report-Online.pdf


Key Strategies








State and Federal Government.

Background The State Government response to the Special Inquiry into the January 2016 Waroona Fire was

announced in September 2016. The State Government have supported all 17 recommendations of

the Special Inquiry into the January 2016 Waroona Fire (the Ferguson Report) and in principle

support for all 23 agency opportunities for improvement of the Special Inquiry by Euan Ferguson

AFSM.

The implementation of the recommendations and opportunities are currently being overseen by the

Department of Premier and Cabinet (DPC), however the new Office of Emergency Management

(formerly SEMC Secretariat) will replace DPC as the Chair of the Ferguson Report Working Group.

The Office of Emergency Management will then take leadership of monitoring the ongoing

implementation of the Ferguson Report recommendations.


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The recommendations and opportunities have been assigned to agencies with some work

commencing ahead of the 2016/17 bushfire season and others allocated beyond this bushfire

season.

WALGA in its submission made nine recommendations with many of these being adopted by the

Special Inquirer. Key recommendations and bodies of work that are being considered are outlined

below.

WALGA recommendation: That SEMC Secretariat develop an assurance framework to monitor

the implementation and effectiveness of recommendations emanating from all public inquiries and

reviews.

Recommendation 1: SEMC Secretariat will be rebranded as the Office of Emergency Management

(OEM) in recognition of its role in ensuring effective emergency management across the State. This

would be accompanied by an internal restructure, to include:

a dedicated assurance structure within the OEM, headed by a Director, Assurance and tasked

with developing an emergency management assurance framework; and

Co-location of OBRM within the OEM.

A direct line of reporting will be established (via section 74 of the Public Sector Management Act

(WA) 1994) between the Executive Director of the OEM and the Minister for Emergency Services.

The Office of Emergency Management will commence 1 December 2016.

WALGA Recommendation: That the policy and decision making framework for emergency

management and bushfire in WA be streamlined and integrated.

Recommendation 16: The State Emergency Management Committee to establish a State Bushfire

Coordinating Committee as a sub-committee of SEMC. The State Bushfire Coordinating Committee

will be chaired by the Director of the Office of Bushfire Risk Management and will have the primary

responsibility to: - develop a State Bushfire Management Policy and set a long term bushfire risk

management objectives; - provide a forum for key bushfire risk management stakeholder agencies;

- advice the SEMC on matters pertaining to bushfire, in particular, to report against the investment

of, and achievement of the bushfire risk management objectives; - provide advice and support to

the proposed Chief Officer of the Rural Fire Services on bushfire risk management matters; and -

report to SEMC and to the community on bushfire risk management matters on at least an annual

basis

The State Bushfire Coordinating Committee will be established from the commencement of

calendar year 2017. In the interim, matters referred to in Recommendation 16 will be managed by

the Interagency Bushfire Management Committee.

WALGA recommendation: That the State Government commits to identifying a sustainable

funding source for Local Government, for functions required under the State’s current (or proposed)

legislative and policy framework for bushfire. This should include a review of the future scope,

purpose and use of the Emergency Service Levy and the Local Government Grants Scheme to

adequately fund activities in addition to response.


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Recommendation 17: The Department of the Premier and Cabinet to conduct an independent

review of the current arrangement for the management and distribution of the Emergency Services

Levy. The review will have the specific purpose of:

i. Seeking input from key entities including the Departments of Treasury, Finance, Fire and

Emergency Services, Lands, and Parks and Wildlife, WA Local Government Association,

and the Office of Bushfire Risk Management.

ii. Ensuring the arrangement has the flexibility and agility to deal with emerging bushfire risk

priorities.

iii. Establishing a budget process that enables a shift in investment towards prevention,

mitigation and building community resilience and capability.

A terms of reference for this Review is being developed, and it is intended that it will be undertaken

by the Economic Regulation Authority. The outcomes of this Review will be considered within the

context of the establishment of a Rural Fire Service.

At the September Strategic Forum of the WALGA State Council, members requested consideration

for funding of emergencies that are ‘non-declared’ incidents. Therefore they are not currently

eligible for WANDRRA funding which has created issues for Local Governments such as the Shire

of Northampton. WALGA is currently undertaking a review of the costs to Local Government

associated with implementing their Emergency Management obligations. This work, being

undertaken by the AEC group, will provide analysis and greater understanding of the true costs to

Local Governments. WALGA will be able to utilise this data in continued advocacy and

representation of members to facilitate outcomes related to state government processes.

WALGA recommendation: That a clear policy statement about the roles and responsibilities of all

agencies for the training of volunteers; the standards to which volunteers are required to be trained;

the availability and location of training throughout the State; and recognition of prior

learning/experience is developed; and A transparent and current training database be developed

with online access.

Opportunity 23: When established, the Rural Fire Service, in conjunction with the Departments of

Parks and Wildlife and Fire and Emergency Services, to establish a Western Australian Centre for

Excellence in Rural and Forest Fire Management. The Centre to include a networked capability for

research, planned burning, lessons learned and facilitating training for rural firefighters, especially

for members of volunteer Brigades.

The full statement is available here:

https://news.wa.gov.au/wp-content/uploads/2016/09/Government-response-to-Ferguson-Report-

Online.pdf

Comment WALGA have been asked to provide a representative onto some working groups where work is

being undertaken prior to the 2016/17 bushfire season. These include:

Traffic Management,

Aide Memoire for Incident Controllers

Preformed Incident Management Teams


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These bodies of work had recently been undertaken by the SEMC Secretariat through policy

reviews and were seen as recommendations or opportunities that could be revised in readiness for

the coming season. WALGA thanks members for their input into these working groups, through

membership and the provision of timely advice to working group members.

The WALGA President and Chief Executive Officer will be meeting with the Minister for Emergency

Services on 15 November to specifically discuss the recommendations and the State Government’s

response. WALGA officers will be able to provide State Council with a verbal update at the State

Council meeting.

As the governance arrangements change with the establishment of the Office of Emergency

Management and the State Bushfire Coordinating Committee, it is important to note that the

WALGA Chief Executive Officer is a legislated member on the State Emergency Management

Committee. SEMC will have oversight of the State Bushfire Coordinating Committee as it is will be

established as a subcommittee of the SEMC along with the oversight of the ongoing monitoring of

the implementation of the Special Inquiry.

6.5 Municipal Waste Advisory Council (MWAC) (01-006-03-0008) WALGA State Council Meeting December 2016

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6.5 Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB)

By Rebecca Brown, Manager, Waste & Recycling

Recommendation That the resolutions of the Municipal Waste Advisory Council at its 17 August 2016 and 19

October 2016 meetings be noted.

In Brief This item summaries the outcomes of the MWAC meetings held 17 August and 19 October 2016.

Attachment 1. MWAC August Meeting Minutes.

2. MWAC October Meeting Minutes.


Key Strategies



Governments;















State and Federal Government;

Develop simple and consistent messages that are effectively articulated; and


Background Under previous arrangements, the Municipal Waste Advisory Council has reported to each Western

Australian Local Government Association meeting following its meetings. Minutes were submitted

for noting consistent with the delegated authority bestowed on the Municipal Waste Advisory

Council.


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The Municipal Waste Advisory Council is seeking State Council noting of the resolutions from the

17 August and 19 October 2016 meetings, consistent with the delegated authority granted to the

Municipal Waste Advisory Council to deal with waste management issues.

Copies of specific items and further supporting information are available on request from Municipal

Waste Advisory Council staff.

Comment The key issues considered at the meetings held on 17 August and 19 October 2016 included:

Amendments to the WARR Regulations – Record Keeping

The Department of Environment Regulation have released a Consultation Paper outlining a

proposal to make it compulsory for Local Government and Industry to report waste management

data. Local Government already reports this data to the Department through the Local Government

Census. There are concerns that this proposal could increase the reporting burden on Local

Governments.

As Local Government is already subject to multiple requests for waste management data, it is

suggested that the Department investigate whether additional legislative reporting requirements can

be consolidated or better coordinated. The Draft Submission suggests an alternative approach,

where Local Governments would include their completion of the Local Government Census in their

Annual Report.

MUNICIPAL WASTE ADVISORY COUNCIL MOTION

That the Municipal Waste Advisory Council endorse the Submission on the proposed amendments

to the WARR Regulations 2008.

MWAC Stakeholder Survey Results 2016

In 2015 MWAC conducted its first survey of stakeholders to find out people’s preferred

communication methods, awareness of MWAC projects and general feedback on MWAC’s focus.

The survey had a relatively low response rate, with only 32 people providing feedback. For the 2016

survey over 120 people provided feedback. Three separate surveys were used to collect feedback

from Local Government Officers, Elected Members and State Government/Waste industry

representatives.


That the Municipal Waste Advisory Group note the results of the Stakeholder Survey and the

suggested recommendations.

Plastic Bag Discussion Paper As requested by MWAC, additional research has been undertaken on plastic bags as a contributing

factor to plastic pollution in the environment. The CSIRO found that Western Australia has one of

the highest levels of plastic pollution in the country and there is a particularly high loading along the

coast around the Perth metropolitan area.

MWAC endorsed the Discussion Paper and discussed the key areas of advocacy on this issue. It

was resolved that MWAC would gauge Local Government interest in taking action on plastic bags,


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coordinate and provide information for Local Governments wanting to put in place a Plastic Bag

Local Law and refer this issue to the WALGA Environment Policy Team.


That the Municipal Waste Advisory Council:

1. Endorse the Discussion Paper

2. Gauge level of interest and support across the sector for taking action on plastic bags

3. Coordinate assistance for interested Local Governments

4. Refer the matter to the WALGA Environment Policy Group

Submission on NSW CDS Discussion Paper The NSW EPA has released a draft Waste and Resource Recovery Amendment (Container Deposit

Scheme) Bill 2016 and a CDS Regulatory Framework Discussion Paper for comment. The draft Bill

details the proposed objectives and structure of the Scheme, the roles and responsibilities of the

various bodies that will run it and the obligations on beverage container suppliers.


That the Municipal Waste Advisory Council endorse the Interim Submission on the NSW CDS

Regulatory Framework Discussion Paper.


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\

Municipal Waste Advisory Council

Unconfirmed Minutes

4.00pm Wednesday 17 August 2016

WALGA ONE70 Railway Parade, West Leederville


Page 195


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ATTENDENCE

Cr Michael Aspinall (Gingin) Non Metropolitan Local Government Chair

Cr Darren Slyns (Dandaragan) WALGA State Council Deputy Chair

Mayor Logan Howlett (Cockburn) WALGA State Council

Cr Fiona Reid (South Perth) WALGA State Council

Cr Bill Adams (Harvey) Bunbury Harvey Regional Council

Cr Paul Bridges (Bassendean) Eastern Metropolitan Regional Council

Cr Laurie Graham City of Greater Geraldton

Cr Wally Barrett (Murray) Rivers Regional Council

Cr Doug Thompson (Fremantle) Southern Metropolitan Regional Council

Cr Brett Pollock (Mosman Park) Western Metropolitan Regional Council

Mr Brian Callander Mindarie Regional Council OAG Deputy

Mr Steve Fitzpatrick Eastern Metropolitan Regional Council

Mr Tim Youé Southern Metropolitan Regional Council

Mr Gunther Hoppe Western Metropolitan Regional Council

Mr Sebastian Camillo (Gingin) Non-Metropolitan Local Government

Mr Andrew Murphy (Stirling) Metropolitan Local Government

Mr Darrell Monteiro (Cottesloe) Metropolitan Local Government

Mr Mark Wong (Canning) Metropolitan Local Government OAG Chair

Ms Rebecca Brown Municipal Waste Advisory Council

Ms Heather Squire Municipal Waste Advisory Council

Ms Tazra Hawkins Municipal Waste Advisory Council

Ms Ariane Katscherian Municipal Waste Advisory Council

Mr Mark Batty WA Local Government Association

APOLOGIES

Cr Darryl Trease (Swan) WALGA State Council

Mr Morné Hattingh City of Greater Geraldton

Mr Vitor Martins (Busselton) Non-Metropolitan Local Government

Cr Lynne Craigie WALGA President


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1 PROCEDURAL MATTERS 1.1 Presentation – Keep Australia Beautiful Council Rohan Swan from KAB WA presented on the range of Programs available to Local Governments to assist in litter reduction.

1.2 MWAC Minutes tabled at WALGA State Council

The Minutes of the Municipal Waste Advisory Council meeting held Wednesday, 20 April were noted at the WA Local Government Association State Council meeting on Wednesday 6 July 2016.

2 MATTERS ARISING

2.1 Out-of-session Flying Minutes of 15 June 2016

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR REID/ MAYOR HOWLETT) That the Municipal Waste Advisory Council confirm the outcome of the Out-of-session Flying Minute of 15 June 2016 as a true and accurate record of the proceedings.

CARRIED

Background

The Out-of-session Flying Minutes of 15 June 2016 (attached pg. 1) have been distributed to the Council for ratification, the outcome is as follows:

MWAC Budget 2016/17

FOR: Cr Michael Aspinall (Gingin) Cr Darren Slyns (Dandaragan) Cr Fiona Reid (South Perth) Cr Bill Adams (Harvey) Cr Laurie Graham Cr Wally Barrett (Murray) Cr Doug Thompson (Fremantle)

AGAINST (including no response): Mayor Logan Howlett (Cockburn) Cr Darryl Trease (Swan) Cr Paul Bridges (Bassendean) Cr Russ Fishwick (Joondalup) Cr Brett Pollock (Mosman Park)

The MWAC Motion from the out-of-session flying minute was:

That the Municipal Waste Advisory Council endorse the MWAC Budget for 2016/17

Submission of DER Environmental Standard: Composting

FOR: Cr Michael Aspinall (Gingin) Cr Darren Slyns (Dandaragan) Cr Fiona Reid (South Perth) Cr Bill Adams (Harvey) Cr Laurie Graham Cr Wally Barrett (Murray) Cr Doug Thompson (Fremantle) Cr Russ Fishwick (Joondalup)


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AGAINST (including no response): Mayor Logan Howlett (Cockburn) Cr Darryl Trease (Swan) Cr Paul Bridges (Bassendean) Cr Brett Pollock (Mosman Park) The MWAC Motion from the out-of-session flying minute was:

That the Municipal Waste Advisory Council endorse the Submission on the Department of Environment Regulation Environmental Standard: Composting

Submission of DER Guideline on Noise for Prescribed Premises

FOR: Cr Michael Aspinall (Gingin) Cr Darren Slyns (Dandaragan) Cr Fiona Reid (South Perth) Cr Bill Adams (Harvey) Cr Laurie Graham Cr Wally Barrett (Murray) Cr Doug Thompson (Fremantle) Cr Russ Fishwick (Joondalup)

AGAINST (including no response): Mayor Logan Howlett (Cockburn) Cr Darryl Trease (Swan) Cr Paul Bridges (Bassendean) Cr Brett Pollock (Mosman Park) The MWAC Motion from the out-of-session flying minute was:

That the Municipal Waste Advisory Council endorse the Draft Submission on the Department of Environment Regulation Guidelines on Noise for Prescribed Premises

Discussion at the Municipal Waste Advisory Council

The Executive Officer clarified that MWAC State Councillors can claim travel reimbursement from WALGA, while Regional Council Elected Members and Elected Members representing individual Local Governments would follow their internal procedures for reimbursement.

3 MINUTES OF PREVIOUS MEETING

3.1 Confirmation of the Previous MWAC Minutes

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (MAYOR HOWLETT/ CR BARRETT) That the Minutes of the meeting of the Municipal Waste Advisory Council held on 20 April 2016 be confirmed as a true and accurate record of the proceedings. That the Meeting Notes of the meeting of the Municipal Waste Advisory Council held on 15 June 2016 be acknowledged.

CARRIED

3.2 Business Arising from the Previous MWAC Minutes

A Issue August MWAC Item 4.2 Preferred Supplier – Recyclable Material

Action 1. That the Municipal Waste Advisory Council investigates the potential for the development of a recyclable material preferred supplier panel.

Timeframe Status Work in progress


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B Issue April 2015 MWAC Item 4.3: TV and Computer Product Stewardship Scheme

Action That the Municipal Waste Advisory Council: 1. That the Municipal Waste Advisory Council write to WALGA Preferred

Suppliers who are liable parties under the TV and Computer Product Stewardship Scheme encouraging them to support an increase in targets for the Scheme.

2. Follow up with the Minister’s office to enquire when the funding for Local Government will be available

3. Research the potential for the tender process to be reviewed to recognise the need for WALGA preferred suppliers to support the Scheme Targets

Timeframe Status 1. In progress 2. Complete 3. In progress

C Issue December 2015 MWAC Item 5.6 Recyclability Labelling

Action That the Municipal Waste Advisory Council: 1. Engage with Planet Ark/GreenChip to ensure the system is appropriate for

WA 2. Promote the use of a consistent label to identify packaging recyclability

Timeframe Status 1. Complete 2. Ongoing

D Issue February 2016 Item 3.2 Paint Product Stewardship & HHW

Action That the Municipal Waste Advisory Council: 1. Manage the process of Local Government engagement with the Paint

Product Stewardship Scheme 2. Approach the Waste Authority to establish if they would fund paint through

the HHW Program if the Paint Product Stewardship Scheme were to cease 3. Seek information from the Waste Authority on the future of the Household

Hazardous Waste Program.

Timeframe Status 1. In progress 2. Complete 3. Complete

E Issue June 2016 Item 4.1 MWAC Budget 2016/17

Action That the Municipal Waste Advisory Council confirm CPI and provide an alternative budget with 1.5% increase

Timeframe Status Complete

F Issue June 2016 Item 6.4 WMAA Verge Workshop

Action That the Municipal Waste Advisory Council consider options for a vergeside working group


G Issue August 2016 Item 4.2 MWAC Stakeholder Survey Results 2016

Action That the Municipal Waste Advisory Council consider options for engaging Elected Members


H Issue August 2016 Item 4.3 Plastic Bag Discussion Paper

Action

That the Municipal Waste Advisory Council: 1. Gauge Local Government interest and support of legislated bans on plastic

bags 2. Coordinate Local Government efforts to enact Local Laws by offering

assistance


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Action 3. Circulate a briefing note with the Fremantle Local Law and the Plastic Bad Discussion Paper to Elected Members


I Issue August 2016 Item 5.1 Advocacy on a Container Deposit Scheme from WA

Action That the Municipal Waste Advisory Council write to the Minister of Environment in support for implementing a Working Group


J Issue August 2016 Item 6.5 Waste Management Training

Action That the Municipal Waste Advisory Council research opportunities to have the waste management training accredited as a formal qualification for Elected Members



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4 DECISION ITEMS

4.1 Amendments to the WARR Regulations – Record Keeping***

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR GRAHAM/ CR BARRETT) That the Municipal Waste Advisory Council endorse the Submission on the proposed amendments to the WARR Regulations 2008.

CARRIED

In Brief DER have released a Consultation Paper outlining a proposal to make it compulsory for Local

Government and Industry to report waste management data

Local Government already reports this data to the Department through the Local Government Census

The proposed approach outlined by the Department, would see the introduction of penalties for not reporting, providing false or misleading information

The Draft Submission suggests an alternative approach, where Local Governments would include their completion of the Local Government Census in their Annual Report.

Relevance to Strategic / Business Plan:

Key Results Area: 1 Advocacy. o Strategy: 1.2 Making comment on relevant policy, programs, legislation and regulation. o KPI 3: Respond to all relevant State/Federal waste specific policy, legislation and regulation.

Policy Implications: N/A

Budgetary Implications:N/A

Actions/Advocacy Activity Consider the merits of the alternative proposal to achieve compliance with waste management data reporting.

Background

The Department of Environment Regulation (DER) is seeking feedback on proposed amendments to the Waste Avoidance and Resource Recovery Regulations 2008. These amendments will make annual reporting and record-keeping of waste and recycling data compulsory for Local Governments, waste recyclers and licensees of major regional landfills.

DER has indicated that approved methods for measurement and calculation will be developed in consultation with stakeholders. The requirement to report data will not commence until this has occurred.

The consultation paper is available at: https://www.der.wa.gov.au/our-work/consultation. Consultation closes Friday, 26 August.

Comment

There are concerns that this proposal could increase the reporting burden on Local Governments. As Local Government is already subject to multiple requests for waste management data, it is suggested that the Department investigate whether additional legislative reporting requirements can be consolidated or better coordinated.

Rather than Local Government being subject to compliance measures under the WARR Act, WALGA has developed an alternative proposal (attached pg. 16) whereby compliance is included as part of Local Governments general Annual Reporting requirements. This proposal has been circulated to the wider Local Government sector for comment.


MWAC endorsed the item with minimal discussion.

https://www.der.wa.gov.au/our-work/consultation


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4.2 MWAC Stakeholder Survey Results 2016***

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR REID/ CR ADAMS) That the Municipal Waste Advisory Group note the results of the Stakeholder Survey and the suggested recommendations.

CARRIED

In Brief Over 120 people provided feedback to the 2016 MWAC Survey, with a particularly good response

rate received from Local Government Officers. Fewer responses were received from Elected Members, State Government and the Waste Management Industry.


Key Results Area: Member Engagement and Services. o Strategy: Facilitate Local Government engagement on key issues relating to Government

policy, legislation or regulation. o KPI 8: Annual engagement with MWAC Stakeholders to ascertain views on MWAC’s

performance and achievements.


Budgetary Implications: N/A

Actions/Advocacy Activity Discuss opportunities to increase MWAC’s engagement with Elected Members.

Background

In 2015 MWAC conducted its first survey of stakeholders to find out people’s preferred communication methods, awareness of MWAC projects and general feedback on MWAC’s focus. The survey had a relatively low response rate, with only 32 people providing feedback. For the 2016 survey over 120 people provided feedback. Three separate surveys were used to collect feedback from Local Government Officers, Elected Members and State Government/Waste industry representatives.

Comment

The results from the survey showed that the Local Government Officers and Elected Members who responded to the survey were well aware of the electronic communications that WALGA and MWAC produces. Direct emails and general publications were identified as preferred methods of receiving information and that email and online surveys are good ways to provide feedback.

While there was a very good response rate from Local Government officers (85 respondents), the response from Elected Members was low with only 14 responses. From State Government and the Waste Industry 28 responses were received. The survey findings report (attached pg. 22) includes some recommendations on increasing MWAC’s engagement with Elected Members, State Government and the Waste Industry.


Members discussed several options for engaging Elected Members:

A dedicated waste management booth at the Local Government Convention and a higher profile in the program

Targeting Regional Council Elected Members with support from Regional Council CEOs

Promoting WasteNews

Offering dedicated waste management training suitable for Elected Members.


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4.3 Plastic Bag Discussion Paper***

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR THOMPSON/ CR BRIDGES) That the Municipal Waste Advisory Council:

1. Endorse the Discussion Paper 2. Gauge level of interest and support across the sector for taking action on plastic bags 3. Coordinate assistance for interested Local Governments 4. Refer the matter to the WALGA Environment Policy Group

CARRIED

In Brief Plastic Bags are a contributing factor to plastic pollution in the environment

Legislated bans on plastic bags have been introduced in the Australian Capital Territory, Northern Territory, South Australia and Tasmania

The City of Fremantle has previously sought to introduce a Plastic Bag Local Law, but this was disallowed in Parliament, other Local Governments are taking action at a more grass roots level. For example, by working with local stores to go ‘plastic bag free’

MWAC needs to consider and recommend a course of action on this issue.


Key Results Area: 4 Information Exchange. o Strategy: 4.3 Undertake research into key issues identified by MWAC, with a view to

developing discussion papers, position papers or Policy Statements.. o KPI 11: Report to MWAC on Submissions, Policies and Papers produced.



Actions/Advocacy Activity Discussion is required on the next steps that MWAC wishes to take on this issue. Some examples of activities include:

Developing a sector wide position on plastic pollution, with a focus on plastic bags

Encouraging Local Governments to partner with Keep Australia Beautiful WA to implement litter reduction programs

Approaching the Swan River Trust and the Department of Parks and Wildlife to discuss what opportunities exist to improve pollutant capture at a catchment level.

Background

As requested by MWAC, additional research has been undertaken on plastic bags as a contributing factor to plastic pollution in the environment (attached pg. 33). The CSIRO found that Western Australia has one of the highest levels of plastic pollution in the country and there is a particularly high loading along the coast around the Perth metropolitan area.

Comment

The issue of plastic pollution is more significant than just plastic bags and holistic action is required to address the entire problem. Although Local Government has limited capacity to address many of the sources of plastic pollution, it can take action to reduce the amounts of littered items entering the environment. Many of the plastic bags bans in Australia have a relatively consistent scope. In taking action on plastic bags, Local Government needs to have a well-reasoned position on:

The key objectives of any intervention – it is acknowledged that plastic bags are not a major waste management issue but rather a cause of litter and an opportunity for community engagement

The type of legislative approach that will be taken – banning vs charging

How the intervention will affect existing waste treatment systems

The approach to be taken in engaging the community (e.g. how the issue of bin liners should be addressed).


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Members discussed the role of MWAC to coordinate efforts to further this issue and agreed to gauge the level of interest from Local Government. MWAC will support Local Governments looking to pass local laws by providing briefing notes to support a template Local Law based on the City of Fremantle’s and the Discussion Paper.

Options to involve as many Local Governments as possible were discussed, including working with zones, Regional Cities Alliance and the WALGA Environment Policy Group. Local Governments supporting banning plastic bans but enacting a local law can engage with local Members of Parliament.

4.4 MWAC and OAG Meeting Dates 2017***

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR BARRETT/ MAYOR HOWLETT) That the Municipal Waste Advisory Council endorse the MWAC and OAG meeting dates for 2017.

CARRIED

In Brief The meeting dates for the 2017 Calendar Year are proposed

For the coming year, a new approach is suggested to focus the scope of meetings. This would allow Elected Members to prepare for meetings and ensure that governance matters are attended to.

Relevance to Strategic / Business Plan: N/A



Actions/Advocacy Activity Consider the proposed meeting dates and provide input into the meeting plan.

Background

Due to the amount of training, workshops and meetings that occur across all business units at WALGA, it is difficult to book the Boardroom for meetings. As such, the meeting dates for the 2017 Calendar Year are attached for MWAC’s consideration (pg. 51).

In order for MWAC to have a more focused scope of activity over the course of the coming year, and to ensure that the outcomes of the Strategic Plan are fulfilled, a Meeting Plan has been developed. This Plan identifies some key items for consideration / presentations at meetings.

Comment

Input is welcomed on the meeting plan from MWAC members (attached pg. 52). It would be useful for members to identify topics they would like to discuss and learn about at future meetings, to enable the group to effectively progress the MWAC Strategic Plan.


MWAC endorsed the item with minimal discussion. If there are any suggestions for speakers at future MWAC meetings, these should be provided to the Executive Officer.

5 DISCUSSION ITEMS

5.1 Advocacy on a Container Deposit Scheme for WA

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR THOMPSON/ CR SLYNS) That the Municipal Waste Advisory Council write to the Minister for Environment suggesting the formation of a Stakeholder Reference Group to assist in the preparation for and rollout of the Scheme.

CARRIED


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In Brief At the recent WALGA AGM, a motion to continue advocacy on Container Deposit Schemes was

endorsed

The need for a Container Deposit Scheme has been included on the Association’s Advocacy Platform and has been put forward for inclusion in the next Budget Submission

Feedback from Local Government indicates that there is an appetite to undertake local advocacy on this issue.

For discussion

What options for advocacy should be pursued? This could include: o Providing resources to Local Government to encourage advocacy o Working with community groups

Background The Association has a long standing position that supports the introduction of a Container Deposit Scheme in Western Australia.

Given the nature of the State’s Finances leading into the next election, it is suggested that advocacy efforts focus on the financial benefits of a Scheme to the State and Local Government, including that a Container Deposit Scheme is industry funded and managed. Also highlighting that implementing a Scheme would be a low risk strategy for a Government, given that the majority of other jurisdictions are already progressing a Scheme. As such, there would be very little cost to the Government.


MWAC agreed to invite the Department of Environment Regulation to present details of the recently announced Scheme to a future MWAC meeting. Members discussed that the Scheme is likely to be based on the NSW model. The Scheme will have implications for the kerbside collection system, such as reduced tonnages and MWAC discussed the opportunity for Local Governments to wait to finalise contracts until after the Scheme has been introduced.

5.2 Household Hazardous Waste Program 2016/17

In Brief

The Waste Authority has extended the HHW Program for one year, with a budget set at $1.6M. This is $1M less than last financial year.

For discussion

The implications of the budget reductions and the likely timeline for additional advocacy.

Background The substantial budget reduction means that no additional activities will be able to be occur this financial year. The reduced budget also raises some challenges for ongoing operations. The Program expenses for Permanent facility collection and WALGA administration last financial year (not including Infrastructure upgrades, Temporary Collection Days, Training or Promotional activities) was $2.1M.

When looking at the potential to reduce expenditure through involvement with the Paint Product Stewardship Scheme, the Metropolitan Permanent facilities are yet to confirm if/how many will take part in the Scheme. An additional consideration, is that Toxfree requires three months’ notice of any change to the contract (for reducing their paint collections from some sites). It will be months until any sites divert paint from the HHW Program. The amount of savings the Program will receive from this initiative is still unknown.

WALGA has written to the Waste Authority outlining these issues and is working with Paintback to ensure that the collection site contracts offered to Local Government are fair and reasonable for both parties. In discussing advocacy strategies and options, it is important that due consideration is given to the nature of the State’s finances, along with the timing of the State Election and the caretaker period.



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Further information will be provided to the October MWAC meeting when the number of Paintback sites are known and more accurate financial forecasts can be made.

5.3 Waste Authority Projects for 2016/17

In Brief

The Waste Authority’s Business Plan for 2016/17 is yet to be released. This has implications for funded programs, such as the Strategic Partnership Program.

For Discussion Does MWAC support this option for pre-emptive engagement on Programs?

Background The Strategic Partnership Program has been in place for a number of years. The Waste Authority has partnerships with Greenstamp, the Master Builders Association WA, Keep Australia Beautiful WA, WALGA and WMAA.

Information is yet to be released on the next phase of the Strategic Partnership Program or the Waste Authority’s Business Plan for 2016/17. In 2015/16 the Authority’s Business Plan was not released until December. This meant that the Strategic Partnership Projects were delivered in six months, rather than the 12 months that was originally anticipated.

It is suggested that MWAC take pre-emptive action and write to the Waste Authority identifying a range of projects for which funding will be sought from the Waste Authority. This could include indicative funding amounts and a request for in-principle agreement to progress these projects. This will allow preparatory work to be undertaken so that when a funding announcement is made, a speedy application and approval process will be possible. Feedback from the Department of Environment Regulation indicated that a new Program would not be released until November 2016.

A number of the Projects undertaken by WALGA in 2015/16 have been designed to be extended through additional further phases. Projects for 2016/17 include:

Updating the Better Practice Guideline for Vergeside Collection

Delivering a Pilot Project to Upgrade Infrastructure at Reuse Shops

Developing a Better Practice Charity Bins Guide for Local Government

Updating the Bin Tagging material and continuing to roll it out with Local Government

Developing a Better Practice Guide for Rural Waste Management

Modifying the Environmental Planning Tool to focus on landfill site assessment

Updating and marketing the Waste Management Plan Guidelines for Multi-Residential premises The Officers Advisory Group also suggested some technical projects on best practice leachate management at landfills and landfill capping.


It was agreed that MWAC should write to the Waste Authority on this matter.

6 INFORMATION ITEMS

6.1 Waste Management in Remote Aboriginal Communities

Through the Regional Services Reform of the State Government, funding is available to assist

Aboriginal Communities. The Community and Planning Team at WALGA have identified that this is a significant opportunity and have set up a meeting with the Reform Unit.

There are a number of waste management projects that could be proposed. These include: o Improved landfill management practices: developing better practice approaches and training. A

similar project has been delivered in NT communities, facilitated by the NT Local Government Association.


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o Litter Reduction through community engagement: The 2016 NT Tidy Towns winner – the Town of Mount Liebig – provides a case study of the ways that litter and waste management can be used to engage a community and lead to a range of positive outcomes.

o Waste Aid projects: There is a possibility that a partnership with the charity Waste Aid could deliver key projects in remote areas.

o Implementation of a Container Deposit Scheme: Prior to any legislation, a container deposit system could potentially be implemented in some communities via an agreement between local shops owners and reverse vending machine technology providers.

o Community engagement through waste management: A Program in Auckland has engaged people from diverse backgrounds in creative and fun ways to reduce waste and find new uses for materials.


When initial discussion on this matter have been undertaken with Government further information will be provided to MWAC and a reference group may be formed to utilize MWAC members expertise in this area.

6.2 Australian Packaging Covenant - Update

At a special general meeting of the NPCIA, a decision was made to change the structure and objects

of the NPCIA from an Industry Association to a Public Company, limited by guarantee

When this occurs it will become known as the Australian Packaging Covenant Organisation Ltd

Other changes to the structure will provide it with the ability to become a registered environmental organization, and possibly a registered charity

It appears that discussions with the various jurisdictions and industry on the future of Covenant are continuing.


The implications of the APC moving to charity status was questioned. Further information will be provided to a future MWAC meeting.

6.3 HHW Summary 2015/16***

In the 2015-16 financial year, the total Program expenditure was $2,369,122, this represents 91.1% of

the Program budget. A Summary of the expenditure and key activities of the Program is attached pg. 54. The expenditure for this financial year is shown in Table 1. These expenses were distributed as follows:

o 82% of the total cost was for collection, testing, treatment and disposal of material from HHW Permanent facilities:

71.7% in the Metropolitan; and 10.3% from Non Metropolitan

o 3.7% of the expenditure was on HHW Infrastructure; o 5.7% of the total cost was WALGA administration; o 7.3% of the total cost was spent on Temporary Collection Days (TCDs) o 1.0% was spent on HHW Permanent facility operator training; and o 0.3% was spent on overall Program promotion.

6.4 Mattress Generation Rates

The Metropolitan Waste and Resource Recovery Group (Victoria) has completed a study into waste

mattress generation rates. The key finding were: o Approx. 55 waste mattresses are generated per 1,000 residents, per annum. This equates to

between 20 and 60 mattresses per 1,000 residents, depending on the Local Government area

o Illegal dumping of mattresses is approx. 4.6 per 1,000 residents, per annum

The Report is available at https://www.mwrrg.vic.gov.au/assets/resource-files/Mattress-recycling-report.pdf

https://www.mwrrg.vic.gov.au/assets/resource-files/Mattress-recycling-report.pdf

https://www.mwrrg.vic.gov.au/assets/resource-files/Mattress-recycling-report.pdf


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6.5 Waste Management Training

WALGA and Registered Training Organisation, Franklin Scholar held a workshop on Monday 1

August.

The MWAC Team are working on the Waste 101 Waste Management for Elected Members Training Material. It is proposed that once the material has been finalised, a pilot training and networking session will be held for Elected Members on MWAC and Regional Councils. Following the pilot training session, the material will be converted into an online training module. Further ‘Waste 101’ training modules can be developed on key topics as required.


MWAC discussed the potential for the training to become a formal qualification as part of accredited training.

6.6 Waste Local Law

The City of Wanneroo is to be congratulated, as the first Local Government in WA to put through a

Waste Local Law using the new WALGA template.


MWAC clarified that recommendations given by the Department of Local Government are not requirements.

6.7 New Public Health Act

The New Public Health Act has received Royal Assent. WALGA are working with the Department of

Health to assist Local Government with understanding the scope of the changes and to develop practical tools that will assist with the Act’s implementation.

6.8 City of Perth – Office Vacancy Issue

When Nathan Ahern from City of Perth (CoP) attended the May OAG meeting he raised the issue of

unwanted office furniture which was resulting from high office vacancy rates in the City.

To assist in addressing this issue, MWAC staff facilitated an introduction between CoP, Good Samaritans Industries and the Spine and Limb foundation. The collaboration between CoP and the charities is one way to divert still usable office furniture from landfill to beneficial uses.


It was highlighted that Men’s Sheds were another option which allows reuse of unwanted furniture.

6.9 Recycled Construction Products Program (RCPP)

Applications for the State Government’s Recycled Construction Products Program (RCPP) are

currently open. This Program, along with the end-of-waste framework was reviewed following the outcome of the Eclipse Resources Pty Ltd Court case on 9 March 2016. Key changes include: o The introduction of the RCPP Appendix 1 – Product Specification document, which replaces the

Material guideline: Construction products o the removal of recycled fill sand from the scope of the RCPP until DER’s review of its end-of-

waste framework is completed o An extension of closing date for Stream B – Round 1 applications to 31 August 2016.

For further information please email [email protected]

WALGA will be hosting a workshop for Local Government in October to assist in promoting this funding opportunity.

6.10 Work Health and Safety Regulations for WA Discussion Paper



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The WA Government has committed to the principle of national harmonisation of work health and safety (WHS) laws, subject to some amendments. To progress this in Western Australia, WorkSafe have released a Discussion Paper on recommendations to amend the Work Health and Safety Regulations for WA. The focus of the recommendations has been to minimise prescription and keep the burden of compliance at an acceptable level. The new regulations will replace the existing OSH Regulations.

The Industrial Relations Team at WALGA will be compiling a Submission on the Discussion Paper. Feedback will be submitted on both asbestos and waste management matters.

The Discussion Paper is available at: https://www.commerce.wa.gov.au/publications/work-health-and-safety-regulations-discussion-paper.

The closing date for submissions is 31 August 2016

7 REPORTS

7.1 Regional Delegates Report

1. Chairs Report

Attended the Container Deposit Scheme as Chair of Keep Australia Beautiful and MWAC 2. Country Reports 3. Bunbury Harvey Regional Council (BHRC) Attached pg. 58

4. Eastern Metropolitan Regional Council (EMRC) The EMRC is preparing to issue a request for tender for a Resource Recovery Facility in August 2016

The Hazelmere Commercial & Industrial Waste Sorting Plant is progressing well with commissioning scheduled for September 2016

The Hazelmere Wood waste to Energy Plant construction is progressing with commissioning scheduled for February 2017

A new landfill compactor is due for delivery in September 2016

Management and evaporation of leachate at Red Hill Waste Management Facility is a current focus of engineering and operations

5. City of Greater Geraldton (CoGG) 6. Mindarie Regional Council (MRC) Investigations on the development of a waste precinct in the region are proceeding with the view to

provide waste processing infrastructure solutions for the member councils.

The 2016/2017 Budget has been approved and adopted by Council

The Disability Access and Inclusion Plan has been updated and endorsed by the Disability Service Commission. The implementation of the actions within the plan have commenced and will be ongoing over the plans terms.

The community engagement program performed strongly in the 2015/2016 year with activity numbers for tours/Earth carers/visits and workshops to school and community groups/displays at community events all being up on the previous year.

Tamala Park The installation of the geo-synthetic liner onto the walls of Stage 2 Phase 3 landfill has been completed,

although some remediation works are being performed on the outer liner layer due to storm damage.

Ongoing works to improve landfill gas extraction and groundwater monitoring have been performed in line with the conceptual site model developed last year.

The Tip shop has been performing very strongly with record sales being made both in numbers of transactions and on dollar value.

At Recycling most 2015/2016 figures for collected recyclables are also up from the previous year.

Redevelopment of the Recycling Centre/Tip shop, to improve access, traffic flow and area under cover for weather protection, is about to commence.

Received award for Mobile Muster’s top Local Government collector in WA for 2015/2016


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Tenders for regional green waste disposal, mattress recycling and a Feasibility Study for Post Closure Management of the Tamala Park site have been awarded.

New gate fee as of 8 July 2016 - $200/tonne general waste, $16 minimum entry and $75/tonne green waste being the main fees

Resource Recovery facility (RRF) The Resource Recovery Facility (RRF) in Neerabup is operating well and is meeting its contract

obligations.

Markets continue to be developed for the composted soil conditioner product, most recently being used to assist with the rehabilitation of the fire ravaged areas in the South West and being trialled for use in erosion control.

The MRC’s ’No Glass’ campaign aimed at educating the residents against placing glass into their green top (general waste) bin continues with the next phase of the campaign to be rolled out in Spring. This campaign is aimed at reducing the glass contamination in the RRF produced compost to improve its quality and as a result its marketability and usage in general.

7. Rivers Regional Council (RRC)

Mr Alex Sheridan has resigned as CEO of RRC, and will be stepping down in 3 months. 8. Southern Metropolitan Regional Council (SMRC) The City of Cockburn will be implementing a three bin system and has given 12 months’ notice of their

intention to withdraw from the SMRC’s Regional Recovery Centre (RRC)

This will have implications of the operation of the RRC including diversion rates

The current tender for the sale of the RRC is on hold in response.

9. Western Metropolitan Regional Council (WMRC) Plastic Free July reached an estimated 60,000 people globally this year with individuals, businesses,

schools and councils taking on the challenge. Over 300 people enjoyed the Less is More Festival comprising talks, displays, stalls and activities. The Festival had a Plastic free theme this year.

The five metropolitan regional councils are working together on common messaging starting with a campaign to keep used nappies out of the recycling bin.

Battery collection for recycling continues to grow across the area, up around 28% on the previous financial year and our bespoke recycling stations collected 56% of all batteries.

The WMRC is applying for a DER licence for its Greenwaste Handling Site.

Stormwater remediation works have been carried out at the WMRC Transfer Station.

7.2 Working Groups/Committee Reports

1. Metropolitan Regional Council Working Group

Delegates/Nominees: Mr Peter Schneider The Working Group has not met since the previous MWAC Meeting.

2. Waste Management Association of Australia (WA)

Representative: MWAC Executive Officer WMAA continues to meet and provide feedback on key Government documents. The CEO of WMAA has recently resigned.

3. National Waste Policy Working Groups

Delegates/Nominees: MWAC Executive Officer and MWAC Policy Coordinator This item will be removed from future Agendas, as this Working Group is not active.

4. Electrical, Utilities and Public Administration Training Council – Waste Industry

Working Group Delegates/Nominees: MWAC Executive Officer This item will be removed from future Agendas, as this Working Group is not active.


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5. Regional Investment Plan Assessment Group Delegates/Nominees: MWAC Executive Officer, Mr Brendan Doherty, Mr Mark Wong This item will be removed from future Agendas, as this Working Group is not active.

6. HHW Program Advisory Committee Delegates/Nominees: Cr Darryl Trease This Working Group has not met since the previous MWAC meeting

7. Rural Landfill Working Group Delegates/Nominees: Cr Michael Aspinall The Working Group met on Friday 12 August. There is a workshop at the Waste & Recycle Conference on the Draft Environmental Standard for Rural Landfill. To ensure the implications of the new Standard are understood a survey will soon be sent to all non-metropolitan Local Governments.

8 OTHER GENERAL BUSINESS

8.1 Thanks to Rivers Regional Council CEO

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR Thompson/ CR BARRETT)

That the Municipal Waste Advisory Council acknowledge and thank Mr Alex Sheridan for his contributions to MWAC and the waste industry.

CARRIED

8.2 Solar Panels

Cr Adams requested information on solar panel waste generation. Solar panels are currently entering the waste stream and have been identified by the Federal Government as a priority product for product stewardship. Meeting closed at 5.35pm.

9 NEXT MEETING The next meeting of the Municipal Waste Advisory Council will be held at WALGA, Boardroom at 4:00pm on Wednesday 19 October.


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Municipal Waste Advisory Council

Unconfirmed Minutes

4.00pm Wednesday 19 October 2016

WALGA ONE70 Railway Parade, West Leederville


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1 ATTENDENCE 2

Cr Michael Aspinall (Gingin) Non Metropolitan Local Government Chair

Mayor Logan Howlett (Cockburn) WALGA State Council

Cr Laurie Graham City of Greater Geraldton

Cr Russ Fishwick (Joondalup) Mindarie Regional Council

Cr Wally Barrett (Murray) Rivers Regional Council

Cr Doug Thompson (Fremantle) Southern Metropolitan Regional Council

Mr Morné Hattingh City of Greater Geraldton

Mr Steve Fitzpatrick Eastern Metropolitan Regional Council

Mr Tim Youé Southern Metropolitan Regional Council

Mr Mark Wong (Canning) Metropolitan Local Government OAG Chair

Ms Rebecca Brown Municipal Waste Advisory Council

Ms Heather Squire Municipal Waste Advisory Council

Ms Tazra Hawkins Municipal Waste Advisory Council

Ms Ariane Katscherian Municipal Waste Advisory Council

APOLOGIES

Cr Lynne Craigie WALGA President

Mr Mark Batty WA Local Government Association

Cr Fiona Reid (South Perth) WALGA State Council

Mr Vitor Martins (Busselton) Non-Metropolitan Local Government

Mr Gunther Hoppe Western Metropolitan Regional Council

Cr Darren Slyns (Dandaragan) WALGA State Council Deputy Chair

Cr Darryl Trease (Swan) WALGA State Council

Cr Bill Adams (Harvey) Bunbury Harvey Regional Council

Cr Paul Bridges (Bassendean) Eastern Metropolitan Regional Council

Mr Brian Callander Mindarie Regional Council OAG Deputy

Mr Andrew Murphy (Stirling) Metropolitan Local Government


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1 PRESENTATION Marcus Geisler, Chair of the Waste Authority, provided MWAC with a briefing on the Waste Authority Business Plan for 2016/17.

2 PROCEDURAL MATTERS 2.1 MWAC Minutes tabled at WALGA State Council

The Minutes of the Municipal Waste Advisory Council meeting held 17 August will be noted at the WA Local Government Association State Council meeting on Wednesday 7 December 2016.

3 MINUTES OF PREVIOUS MEETING

3.1 Confirmation of the Previous MWAC Minutes

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR THOMPSON/ CR GRAHAM) That the Minutes of the meeting of the Municipal Waste Advisory Council held on 17 August 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED

3.2 Business Arising from the Previous MWAC Minutes

A Issue August MWAC Item 4.2 Preferred Supplier – Recyclable Material

Action 1. That the Municipal Waste Advisory Council investigates the potential for the development of a recyclable material preferred supplier panel

Timeframe Status This Preferred Supplier Panel will be part of a Waste Management Service panel being developed by WALGA.

B Issue April 2015 MWAC Item 4.3: TV and Computer Product Stewardship Scheme

Action That the Municipal Waste Advisory Council: 1. That the Municipal Waste Advisory Council write to WALGA Preferred

Suppliers who are liable parties under the TV and Computer Product Stewardship Scheme encouraging them to support an increase in targets for the Scheme.

2. Follow up with the Minister’s office to enquire when the funding for Local Government will be available

3. Research the potential for the tender process to be reviewed to recognise the need for WALGA preferred suppliers to support the Scheme Targets

Timeframe Status 1. In progress 2. Complete 3. Complete

C Issue December 2015 MWAC Item 5.6 Recyclability Labelling

Action That the Municipal Waste Advisory Council: 1. Engage with Planet Ark/GreenChip to ensure the system is appropriate for

WA 2. Promote the use of a consistent label to identify packaging recyclability

Timeframe Status 1. Complete 2. Ongoing


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D Issue February 2016 Item 3.2 Paint Product Stewardship & HHW

Action That the Municipal Waste Advisory Council: 1. Manage the process of Local Government engagement with the Paint

Product Stewardship Scheme 2. Approach the Waste Authority to establish if they would fund paint through

the HHW Program if the Paint Product Stewardship Scheme were to cease 3. Seek information from the Waste Authority on the future of the Household

Hazardous Waste Program 4. Provide an update at the October meeting when the number of Paintback

sites are known.

Timeframe Status 1. In progress 2. Complete 3. Complete 4. See Information

Item 6.2.

F Issue June 2016 Item 6.4 WMAA Verge Workshop

Action That the Municipal Waste Advisory Council consider options for a vergeside working group


G Issue August 2016 Item 4.2 MWAC Stakeholder Survey Results 2016

Action That the Municipal Waste Advisory Council consider options for engaging Elected Members

Timeframe Status See Information Item 6.1

H Issue August 2016 Item 4.3 Plastic Bag Discussion Paper

Action That the Municipal Waste Advisory Council: 1. Gauge Local Government interest and support of legislated bans on plastic

bags 2. Coordinate Local Government efforts to enact Local Laws by offering

assistance 3. Circulate a briefing note with the Fremantle Local Law and the Plastic Bag

Discussion Paper to Elected Members

Timeframe Status 1. Correspondence has been sent to all Mayors and Presidents

2. To be completed 3. See Information

Item 6.7.

I Issue August 2016 Item 5.1 Advocacy on a Container Deposit Scheme from WA

Action That the Municipal Waste Advisory Council write to the Minister of Environment in support for implementing a Working Group

Timeframe Status Complete. Meeting with Minister scheduled for Thursday 20 October.

J Issue August 2016 Item 5.3 Waste Authority Projects for 2016/17

Action That the Municipal Waste Advisory Council write to the Waste Authority regarding the Waste Authority Business Plan

Timeframe Status Complete.

K Issue August 2016 Item 6.5 Waste Management Training

Action

That the Municipal Waste Advisory Council research opportunities to have the waste management training accredited as a formal qualification for Elected Members

Timeframe Status Complete. There is the


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4 DECISION ITEMS

4.1 Submission on NSW CDS Discussion Paper***

MUNICIPAL WASTE ADVISORY COUNCIL MOTION (CR THOMPSON/ CR GRAHAM) That the Municipal Waste Advisory Council endorse the Interim Submission on the NSW CDS Regulatory Framework Discussion Paper.

CARRIED

In Brief The NSW EPA has released a Draft Bill and a Discussion Paper on the implementation of a Container

Deposit Scheme for comment.

Given the likelihood of the WA CDS having a similar approach, an interim Submission has been developed and provided to the NSW EPA.


Key Results Area: Advocacy. o Strategy 2.2: Making comment on relevant policy, programs, legislation and regulations. o KPI 5: Respond to all relevant State/Federal waste specific policy, programs, legislation and

regulation.

Policy Implications: In responding the Container Deposit Scheme Policy Statement was referenced.


Actions/Advocacy Activity MWAC members be aware of the elements of the proposed NSW approach to CDS.

Background

The NSW EPA has released a draft Waste and Resource Recovery Amendment (Container Deposit Scheme) Bill 2016 and a CDS Regulatory Framework Discussion Paper for comment. Submissions closed 21 September.

The draft Bill details the proposed objectives and structure of the Scheme, the roles and responsibilities of the various bodies that will run it and the obligations on beverage container suppliers.

The Discussion Paper (attached pg. 1) describes the other parts of the regulatory framework that will be established once the Bill is passed, including a Regulation, Administrative Guidelines and contractual arrangements, and outlines how the Scheme will work.

Comment

As the design of the NSW Scheme is likely to influence what direction is taken in Western Australia, it is important that issues such as the definition of rural and remote areas is raised in the consultation process. Likewise, the type of considerations to be included in setting the handling fee for containers.

potential for a formal qualification to be developed, this will be progressed in 2017.

L Issue October 2016 Item 4.1 Submission on NSW CDS Discussion Paper

Action That the Municipal Waste Advisory Council: 1. Report back on the meeting with the Minister and Shadow Minister for

Environment 2. Circulate the highlights of the report commissioned by the SMRC that details potential impacts

of a Container Deposit Scheme on recycling.

Timeframe Status In progress


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In addressing Material Recovery Facility (MRF) operator concerns that facilities may need to be re-configured to recover whole containers, the NSW EPA is proposing that an approved methodology is developed to estimate the number of eligible containers collected through co-mingled recycling systems. This is a sensible approach that could easily be applied in other jurisdictions. Other issues that are yet to be resolved, include the metrics for reasonable access and the ownership of the containers between collection point operators, Network Operators and the Scheme Coordinator.


MWAC discussed a number of changes made to the Draft NSW CDS Bill following the consultation, including tightening the definition of what is considered a MRF’s, the structure for processing MRF refunds, increasing penalty units for a number of the offences listed and the inclusion of an option in the regulations to allow for appeals to be made to the Civil and Administrative Tribunal for an administrative review.

MWAC also discussed SMRC’s recent meeting with the Shadow Minister for the Environment. The MWAC Chair and Executive Officer will also meet with the Shadow Minister on Thursday 20 October.

The Executive Officer will circulate the highlights of a report commissioned by the SMRC that details potential impacts of a Container Deposit Scheme on recycling. Local Governments should consider these impacts when negotiating supply and processing agreements with the private sector.

5 DISCUSSION ITEMS

5.1 Container Deposit Scheme Development

In Brief

A Container Deposit Scheme has been promised for WA, MWAC has a key role in influencing the development and implementation of the Scheme and ensuring Local Government has opportunities to be involved in a financially robust Scheme.

For Discussion Range of Stakeholders/expertise that MWAC should engage with regarding the development and

implementation of a CDS for WA.

The options for MWAC to actively facilitate Local Government involvement in the development and implementation of a CDS.

Background At the Officers Advisory Group meeting, it was identified there is a strong role for Local Government, both metropolitan and non-metropolitan, in implementing a Container Deposit Scheme in WA. The financial model for the Scheme, which identifies the handling fee, will require in depth investigation to determine. It is important that the Scheme is not a cost to Local Government. Targets for the Scheme were discussed and concern was expressed that the targets could be used like those in TV and Computer Recycling Scheme, where collections stopped once the targets were reached.

MWAC’s role in influencing the development of the Scheme is key. MWAC can influence at both the political and departmental level. Officers considered that MWAC should also offer support to the Department of Environment Regulation and Minister in the development of the Scheme and identify the advantages of Local Government being collection points.

63% of Local Government who responded to the Rural Landfill Survey indicated they would like to host a CDS depot at either their transfer station or landfill. Of those who did not want to host a depot, many of the reservations related to not knowing enough about how the Scheme would operate and security concerns.

A meeting with the Environment Minister and Shadow Environment Minister has been scheduled. WALGA is also working on the process of refreshing the Container Deposit Scheme Policy Forum and will be advertising for members.


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In the event that the structure of the NSW Scheme is adopted, there is a potential for a Local Government owned body to act as a network coordinator for Local Government sites. The role and governance structure for the CDS Policy Forum was clarified. A call for Expressions of Interest, for the CDS Policy Forum, will be circulated shortly.

The agenda for the upcoming meeting with both the Minister and Shadow Minister for Environment was discussed and includes how the Scheme will be implemented. Funding for Reverse Vending Machines trials will also be raised.

5.2 HHW Program – current and future

In Brief The current HHW Program ends mid 2017 (after 2 years of extension). The budget for 2016/17 is

$1.6M that is $1M less than the previous financial year. On current estimates, the HHW Program Budget will be overspend by at least $200,000 in the current financial year.

The next phase of the HHW Program has not been announced and the timeline for the development of this next phase is not clear.

For Discussion MWAC consider the next steps for advocacy regarding the HHW Program.

Background As outlined in Information Item 6.3, in the first quarter of the Household Hazardous Waste Program over 25% of the budget has been expended. MWAC staff have developed projections for the HHW Program expenditure for this financial year and estimate that the Budget will be overspent by at least $200,000. This information has been provided to the Department of Environment Regulation, however no formal request for additional funding made. The timeline for the development of the next phase of the Program needs to be determined.


WALGA will write to the Waste Authority to request additional funding for the HHW Program for the current financial year.

6 INFORMATION ITEMS

6.1 Elected Member Engagement

An email was sent to all Elected Members providing them with an opportunity to subscribe to WasteNews, 20 responded.

The online training module for Waste 101 is progressing, with the material developed tested at the Waste 101 Session at the Waste & Recycle Conference. Some changes will be made following this.

Officers also suggested direct presentations at Zone meetings on waste management issues and engaging elected members to identify the positive outcomes from waste management, including job generation.

6.2 Paintback Progress

Five sites have been suggested by Paintback to be part of the scheme – Balcatta Transfer Station, Tamala Park, Rockingham Landfill, Red Hill and Bunbury Harvey Regional Council Landfill.

To reduce the amount of commercial paint likely to be delivered to these sites, Paintback will be hosting temporary collection events. MWAC staff have provided Paintback with locations and timing for the Temporary Collection Days. The days will be held in November/December.

6.3 HHW Update

In the first quarter (July to September) of the 2016/17 financial year, the Household Hazardous Waste Program:

o Expended, $411,033 (25.7% of the annual HHW budget) o Collected 146,055kg of HHW


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o Paint made up 67% of materials collected, cost the Program $159,523 for paint disposal and made up 39% of the entire Program expenditure this quarter.

o Six HHW Training sessions were held at five HHW Permanent facilities, with 33 HHW staff attending.

o Geraldton was the final HHW facility to receive the Alcan Fire & Spill Training on 19 July 2016.

6.4 Review of the R-Codes The WA Planning Commission has released the R-Codes proposed amendments (2016) for public

comment.

The proposed amendments are meant to address concerns regarding misinterpretation and inconsistency of application of certain provisions of the Residential Design Codes (R-Codes).

Further information is available at: http://www.planning.wa.gov.au/Residential-design-codes.asp/.

The waste team have contributed comments to the WALGA Submission, suggesting that allowances need to be made for bulk waste, as well as a three bin system in new developments.

The issue of servicing properties with laneways was raised by Officers. This will need to be addressed through Liveable Neighbourhoods and examples will be provided to Department of Planning.

6.5 Coverage of the National TV and Computer Recycling Scheme In anticipation of the legislative review of the National TV and Computer Recycling Scheme, research

has commenced on the level of coverage provided by the Scheme.

As of 1 February MRI has assumed the administration responsibilities of DHL Supply Chain (a Scheme Arrangement Provider). MRI has expressed an interest in working collaboratively with Local Government.

6.6 Waste Management in Emergency Management: Recovery

The State Recovery Sub-Committee has established a working group to progress the development of a Work Plan for a project titled: Recovery Waste Management. WALGA is a member of the working group.

The Project will attempt to build on existing response-level arrangements, review and standardise the recovery-level processes for the short and long term management of waste resulting from emergencies, and incorporate these into the State Emergency Management documentation.

The Working Group will next meet on Tuesday 18 October.

6.7 Waste Management Certificate III

WALGA has been working with Registered Training Organisation, Franklin Scholar, to provide Waste Management Training. The initial offering will be a Certificate III in Waste Management. This course covers a range of operational issues.

It is proposed that the Course will be available in 2017, more information on cost and timing will be made available.

6.8 Department of Environment Regulatory Reform Update

An update on the Department of Environment Regulation reform process was requested, the reform work is still occurring with most focus on the Risk Assessment Framework and Regulatory Controls documents.

Local Government’s interest in the next Landfill document has been highlighted to the DER.

The DER will be invited to the December MWAC meeting to provide a more detailed update on the progress of the regulatory reform and the next steps in the process.

6.9 Plastic Bag Local Law***

Following the August MWAC meeting a Template Plastic Bag Local Law has been developed (attached pg. 8), by the WALGA Governance team, based on the City of Fremantle Local Law. The next steps in this process are to:

o Gauge Local Government support for action on plastic bags: it is proposed that this be done via a letter to Mayors and Presidents

o Provide Local Governments with the Template Local Law and briefing paper (in development).

http://www.planning.wa.gov.au/Residential-design-codes.asp/


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Officers discussed the Local Law and questioned the inclusion of ‘biodegradable bags’ in the list of alternative shopping bags. It was highlighted that these bags, although they maybe compostable, still had an immediate impact on the environment and it also did not assist in changing behaviour. It was recommended that biodegradable bags be removed from the Local Law.

MWAC will be presented with the feedback from Local Government regarding preferred actions at the December meeting and advocacy will be discussed


WALGA has written to all Local Governments Mayors and Presidents and is starting to receive responses. The Town of Bassendean has already sent a letter to both the Minister and the Shadow Minister for Environment outlining support for a Statewide Plastic Bag ban. MWAC discussed timing of a concerted Local Government effort to put through Plastic Bag Local Laws, whether to run a ban as a political issue or wait until after the election. The general consensus was to wait until further responses are received from Local Governments

6.10 Environmental Standard for Rural Landfills***

To ascertain the potential impact of the new Environmental Standard for Rural Landfills a survey of non-metropolitan Local Governments was conducted in August. The results from the survey are attached pg. 14.

The Draft Environmental Standard for Rural Landfills is expected to be released in mid November. MWAC staff are working on a consultation plan and a Submission will be provided for MWAC input at the December meeting.

7 REPORTS

7.1 Regional Delegates Report

1. Chairs Report

The MWAC Chair and Executive Officer will meet with the Shadow Minister for the Environment on Thursday 20 October

2. Country Reports 3. Bunbury Harvey Regional Council (BHRC) 4. Eastern Metropolitan Regional Council (EMRC)

• The EMRC has issued a request for tender for a Resource Recovery Facility. The tender will close in January 2017.

The Hazelmere Commercial & Industrial Waste Sorting Plant is complete and will open for business during November 2016 as soon as an operating licence is finalised. Fees and charges were advertised on 29 September 2016.

• The Hazelmere Wood waste to Energy Plant construction is progressing with commissioning scheduled for February/March 2017

• A new Bomag landfill compactor has been received at Red Hill Waste Management Facility.

• A clearing permit has been received for remnant bush on the Red Hill site based on an environmental offset using our buffer zone on the south of the site.

5. City of Greater Geraldton (CoGG)

New Waste Transfer station in Mullewa have been completed. Expected opening day is the 5th November.

Meru landfill have applied for a licence amendment, to include category 13 and 61A in its licence. The City is looking at capitalising on its C&D waste and reusing it on City renewals and capital works projects for 2017 and onwards.


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Reuse and Recycling facility EOI have closed and the City is busy working with the tenderers on the next RFT phase. Major upgrades to the facility is expected with a new contractor being approved by January 1st.

City of Greater Geraldton in partnership with NACC have launched 6 new public recycling centres around town, plastics and cans only. With another 3 more stations to be launched early next year. The City secured funding through Keep Australia beautiful help support the program.

The City have signed an E-Waste agreement with Tech Collect. For a regional area the City generates about 2, 8m3 skips of e-waste a month. This partnership should see both parties benefit from regular servicing and also keep E-waste out of landfill.

Meru Landfill just released a RFQ for a consultant to prepare our AER and ACR’s for this calendar year.

6. Mindarie Regional Council (MRC)

Investigations on the development of a waste precinct in the region are proceeding with the view to providing waste processing infrastructure solutions for the member councils.

Updates to the MRC Establishment Agreement/Constitution with member councils are being ratified to enable the MRC to offer a broader range of services to the councils and the community.

At this year’s Waste & Recycling Conference the MRC booth was set up as a mini tip shop, using items from its shop at Tamala Park. This was done to showcase and promote to the industry the valuable nature of tip shops in keeping useful household items from going to landfill. Tamala Park

The installation of the geo-synthetic liner onto the walls of Stage 2 Phase 3 landfill has been completed.

Ongoing works to improve landfill gas extraction and groundwater monitoring have been performed in line with the conceptual site model developed last year.

Odour management onsite has been reviewed and new suppression strategies employed to enhance existing operations.

New dual purpose water truck, for site dust suppression and fire control, has been acquired.

Redevelopment of the Recycling Centre/Tip shop, to improve access, traffic flow and area under cover for weather protection, is about to commence.

Received award for Mobile Muster’s top Local Government collector of mobile phones in WA for 2015/2016.

Review of transfer station taking place with the view for its redevelopment/upgrade. Resource Recovery facility (RRF)

The Resource Recovery Facility (RRF) in Neerabup is operating well and is meeting its contract obligations.

The MRC’s ’No Glass’ campaign aimed at educating the residents against placing glass into their green top (general waste) bin was awarded a Waste Authority Infinity Award. Initial results were very good and the next phase of the campaign is being rolled out build on this early work. The campaign is aimed at reducing the glass contamination in the RRF produced compost to improve its quality and as a result its marketability and usage in general.

7. Rivers Regional Council (RRC)

Alex Sheridan and Ruth Levett are both leaving RRC on Friday 21 October

The new CEO will be appointed Thursday 20 October

8. Southern Metropolitan Regional Council (SMRC)

SMRC representatives visited Birmingham, England for Resource Waste Management and recommended that funding been sought to send the Executive Officer to a future event.

9. Western Metropolitan Regional Council (WMRC) The HHW facility upgrade at the WMRC Transfer Station has been completed, with a new supervised

receivals area created.

Waste Educators carried out bin audits at the Perth Royal Show, to quantify the impact of different bin positioning strategies.

Waste Educators anchored the Behaviour Change workshop at the Waste and Recycle Conference.

The introduction of appropriate Safe Work Procedures for WMRC operations is nearly completed.

7.2 Working Groups/Committee Reports

1 Metropolitan Regional Council Working Group


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Delegates/Nominees: Mr Peter Schneider The Working Group met on 31 August.

2 Waste Management Association of Australia (WA) Representative: MWAC Executive Officer WMAA (WA) has appointed a new Committee, including members from industry and Local Government. The first meeting of the new Committee is currently being scheduled.

3 HHW Program Advisory Committee Delegates/Nominees: Cr Darryl Trease The Working Group has not met since the last MWAC meeting.

4 7. Rural Landfill Working Group Delegates/Nominees: Cr Michael Aspinall The Working Group has not met since the last MWAC meeting.

7.3 Correspondence

CORRESPONDENCE IN

Date File Ref From Subject Outline of content

CORRESPONDENCE OUT

Date File Ref To Subject Outline of content

27.07

.16

01-006-02-

0003MA:HS

Minister Frydenberg

Minister for the

Environment and

Energy

Letter of welcome to

Minister Frydenberg

26.08

.16

05-040-03-

0001

Minister Jacob Minister

for Environment;

Heritage

Container Deposit

Scheme

30.08

.16

01-006-02-

0003

Mr Paul Sheedy, CEO,

Shire of Capel

Shire of Capel Bin

Tagging Outcomes

21.09

.16

05-040-03-

0001

Mr Steve Beaman,

NSW EPA

Submission on the

NSW Container

Deposit Scheme:

Regulatory

Framework

Discussion Paper

8 OTHER GENERAL BUSINESS

8.1 MWAC Speakers

Simms Metal has been proposed as a speaker for the February 2017 MWAC meeting

A Local Government speaker is planned for the April meeting, potentially the EMRC to discuss the pyrolysis project.

Meeting closed 5:20pm

9 NEXT MEETING The next meeting of the Municipal Waste Advisory Council will be held at WALGA, Boardroom at 4:00pm on Wednesday 14 December 2016.

6.6 ALGA NGA Referred Items (04-0001-02-0004 WFS) WALGA State Council Meeting December 2016

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6.6 ALGA National General Assembly Referred Items (04-0001-02-0004 WFS)

By Wayne Scheggia, Deputy Chief Executive Officer

Recommendation That the National General Assembly resolutions referred to State Associations for specific consideration be noted and ALGA be advised of the comments indicated.

In Brief

86 resolutions were considered at the 2016 National General Assembly; and

Eight of these have been referred to State Associations for specific consideration.

Relevance to Strategic / Business Plan

Relates to the Association’s aspirations for resource enhancement and legislative advantage. Key Strategies Engagement with Members

Deliver a broad range of benefits and services that enhance the capacity of member Local Governments;

Improve communication and build relationships at all levels of member Local Governments; Provide ongoing professional development and interactive opportunities for Elected

Members to contribute to debate on sector issues; and Build a strong sense of WALGA ownership and alignment.

Sustainable Local Government Continue to build capacity to deliver sustainable Local Government; Provide support to all members, according to need; Represent the diversity of members’ aspirations in the further development of Local

Government in Western Australia; and Foster economic and regional development in Local Government.

Enhanced Reputation and Relationships Communicate and market the profile and reputation of Local Government and WALGA; Promote WALGA’s advocacy successes with the sector and the wider community; Strengthen effective relationships with external peak bodies and key decision makers in

State and Federal Government; Develop simple and consistent messages that are effectively articulated; and Promote WALGA’s supplier agreements to assist Local Governments.

Policy Implications

Adoption of the various proposals will form the basis for related WALGA policy positions.


Nil

Background

86 resolutions were considered at the 2016 National General Assembly and of these, eight have

been referred to State Associations for consideration.


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None of the referred items were originally proposed by Western Australian Local Governments.

The referred resolutions are listed below, together with WALGA secretariat commentary and

recommendation.

Resolution A The NGA calls on all Councils to adopt procurement policies that ensure that materials sourced for

council projects, including steel, meet relevant Australian standards for manufacture and fabrication.

Carried unanimously

Comment: To the extent that Australian Standards exist they should be adhered to. Resolution 33

Ku-ring-gai Council NSW

This National General Assembly call for more technologically advanced Councils, who use, for

example, electronically advanced hardware and software computer programs and apps which

provide swift and efficient pathways to service residents' needs, enter into voluntary mentoring

relationships with less innovative Councils, and for the Commonwealth Government to support this

through a funding program.

Carried

Comment:

WALGA already encourages cooperation between Local Governments through advocacy for

reforms such as the Regional Subsidiaries Legislation and the publication of research, such as the

Systemic Sustainability Study which promoted Local Government cooperation and resource

sharing. WALGA has supported the sector in servicing the community through the development

technologies such as apps., websites and social media. WALGA will continue to pursue these and

related issues in support of Local Governments. However ALGA has little capacity to engage in this

space and would be better suited to focusing its limited resources on the pursuit of core

infrastructure and project funding for the sector.

Resolution 37

Melbourne City Council VIC

That the National General Assembly encourages all Australian councils and local government peak

bodies to support and get involved in the Ecocity World Summit to be held in Melbourne between 12

and 14 July 2017 through actions such as, but not limited to, the following:

1. Noting Summit details in council and community event calendars and newsletters.

2. Promotion through council and local government peak body publications and websites.

3. Sending council representatives to the Summit.

4. Submitting papers and/or presentations to the secretariat as the Summit program develops.

5. Considering running a local government forum around the Summit themes concurrently with

the Ecocity World Summit.

6. Considering how councils might connect with visiting international delegates to further

explore and advance local opportunities.

Carried


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Comment:

This motion appears to amount to canvassing and promotion for an event and hardly represents the

development of policy. Whilst the event may well have merit, the motion sits outside of our

understanding of what would be considered appropriate business for the NGA. Notwithstanding, an

event such as this would normally be drawn to the attention of WA Local Governments through

WALGA publications such as LG News and Cr Direct.

Resolution 47

City of Ballarat VIC

That the National General Assembly requests all State and Territory Associations lobby the various

State and Territory Governments to provide to all Councils template procurement policies and

guidelines that promote green and sustainable building requirements for infrastructure, energy and

transport contracts above $300,000.00.

Carried

Comment:

WALGA is already in the process of developing and providing procurement guidelines and

templates for the sector.

Resolution 67

Central Highlands Regional Council QLD

That the National General Assembly call on the Commonwealth Government to provide innovative

solutions to current electoral processes through the introduction of electronic voting systems for all

elections.

Carried unanimously

Comment:

The development of technology to facilitate the voting process in 21st Century society appears long

overdue and should be supported.

Resolution 68

Melbourne City Council VIC

That the National General Assembly endorses the following transparency and disclosure principles:

1. Councillor expense claims should be fully disclosed periodically on the council website.

2. International travel by councillors should be pre-approved at an open council or committee

meeting, including the likely cost to ratepayers of the proposed travel.

Carried

Comment:

The resolution is essentially consistent with the recently updated gift and travel requirements in

Western Australia and should be supported.

Resolution 75

Orange City NSW

That the National General Assembly express concern to the building certification authorities in

relation to the performance of private certifiers, and request the Board review its complaint


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management process to ensure home owners are able to lodge complaints and be confident that

such complaints will be investigated accordingly.

Carried

Comment:

The Board referred to in this resolution is the Building Professionals Board, a NSW State

Government body, which indicates that this is a NSW State issue.

Resolution 76

East Arnhem Regional Council NT

That the National General Assembly supports and encourages councils that represent discrete

Indigenous Communities to network and workshop while at the NGA.

Carried unanimously

Comment:

One of the benefits of attending the NGA is the networking opportunities it provides and this should

be exploited where ever possible.

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 RB) WALGA State Council Meeting December 2016

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7. ORGANISATIONAL REPORTS

7.1 Key Activity Reports

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 RB)

By Rebecca Brown, A/Executive Manager Environment and Waste

Recommendation That the report from the Environment Unit be noted.

The following report outlines key activities for the Environment Policy Unit since the September

2016 State Council meeting:

Sector Engagement and Support

The Association held its most recent round of sector engagement meetings. This round included:

The City of Gosnells hosted a Sustainability Officers Network Group (SONG) meeting at the

Mills Park Community Centre on Thursday, September 8, with the theme of ‘Building a Better

City’. The Project Coordinator of Switch Your Thinking spoke about the merits of the Switched

on Homes Trial to give participants feedback on energy expenditure and reduce local

greenhouse gas emissions. The Rivers Regional Council discussed waste education programs

for schools and the community. The City of Gosnells led a tour of Mills Park Community Centre,

WA’s first 6-Star Green Star public building, which provided SONG members with the

opportunity to see and discuss the features that resulted in accreditation.

WALGA hosted a workshop on ‘Sustainability as a Wicked Problem’ on

October 13. The City of Subiaco, together with Psyopus Consulting, presented the approach

used to develop their 2016 – 2021 Sustainability and Resilience Strategy. The strategy embeds

sustainability principles across the organisation, through governance and leadership, better

procurement and project management strategies, and creating a safe environment for

experiment and innovation. Participants discussed how the dialogical problem solving approach

and psychological enablers could assist organisations move towards sustainability.

The Eastern Metropolitan Regional Council (EMRC) is hosting a SONG meeting on November

15. Environmental consultants will discuss recent developments in solar photovoltaic and

electric vehicle battery storage. The EMRC will also present their new Regional Environment

Strategy 2016 – 2020, which is based on the UN Global Sustainable Development Goals

framework.

A Natural Area Management Network (NAMN) Forum on weed management is being held at

WALGA on 23 November. Speakers include experts from DPaW, BGPA, the WA Museum, and

Local Government Authorities. Attendees will learn about weed control in bushland and

transport corridors, innovations in non-chemical weed control methods and how to measure the

economic and ecological impact of weed control efforts. A steam weed treatment demonstration

will be hosted by the West Leederville Community Garden.

A Climate Change Collaborators meeting will be held at WALGA on November 22.

Representatives from the City of Perth, the City of Mandurah and Greensense will speak about

the Compact of Mayors, a global coalition of mayors and city officials that are committed to

reducing carbon emissions and enhancing their resilience to climate change. A representative

from Carbon Neutral and Curtin University will also present on the Low Carbon Schools

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-001 7 RB) WALGA State Council Meeting December 2016

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Program, which helps schools to reduce their environmental footprint, save money on utility bills

and help educate and empower students about sustainable resource management.

The Association has organised a briefing for Local Government by the Australian Government

Department of Environment and Energy on November 30. This briefing will include information

about the implications of the recent listing of the Banksia Woodlands of the Swan Coastal Plain

as an Endangered Ecological Community under the EPBC Act 1999. Attendees will hear about

the practical implications of the listing for planning, infrastructure development and

maintenance, and conservation activities.

Tool Implementation Partnership for CoastAdapt

The Association is a part of the Tool Implementation Partnership for CoastAdapt, an information

delivery and decision support tool helping coastal managers to adapt to climate change and sea

level rise. As part of the partnership, WALGA helps promote the Tool and provide input into its

review. In October, CoastAdapt held four WA workshops in in Perth, Albany, Broome and

Geraldton. The Perth workshop was the most attended in Australia, with over 60 attendees.

WALGA also attended a CoastAdapt meeting on the Gold Coast on 15 and 16 November.

South West Group-WALGA Climate Change Forum

On 21 September, the Association and the South West Group held a Climate Change Forum that

was attended by over 70 people. The Forum included two keynote speakers from the eastern

states, who presented on the City of Melbourne’s ecosystem based climate adaptation program,

and delivery of energy efficient street lighting projects across Australia. Climate change action at

the state and local level was discussed, along with case studies of coastal adaptation projects

tackling sea-level rise. WALGA spoke about helping Local Governments to respond to the climate

change challenge.

The Forum included a workshop to identify priority climate change actions and the lead agency

responsible for those actions. Analysis of the workshop findings showed funding was considered

the top priority (57%), followed by collaboration and partnerships (52%), formation of policies (36%),

community engagement (26%) and planning (23%). Attendees considered WALGA’s top climate

change priorities to be collaboration and partnerships (24%), funding (8%), risk assessment (8%)

policy (5%) and knowledge sharing (5%). A copy of the presentations and analysis of the workshop

results can be found on the WALGA website under Climate Change Projects and Resources.

Divestment Discussion Paper

The Divestment Discussion Paper has been finalised and is available on WALGA’s website.

Environmental Planning Tool

Renata Zelinova commenced in the new role of the Environmental Planning Tool (EPT) Business

Development Officer in October. This will enable WALGA to provide greater assistance to Local

Government in using the Environmental Planning Tool to support their planning and decision

making. Expanding the current functionality of the tool to best respond to user’s needs is also a

priority.


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An updated version of the online mapping viewer was released to subscribers in early November,

including several new datasets such as the indicative mapping of the Banksia woodlands

threatened ecological community, floodplain mapping and Bushfire Prone Areas mapping. Further

changes to the platform allow improved speed of data interrogation and functionality.

An EPT training workshop for Local Government, State Government and other stakeholders was

run in Perth on November 9. These workshops demonstrated how to navigate the EPT and interpret

data for planning and environmental purposes. Another training session will be held at the City of

Albany on November 14.

Benefits of the EPT were demonstrated to the Mid-West Regional Road Group at a meeting held in

Geraldton on October 28 and at the South West Catchment Council Celebration held in Margaret

River on November 11.

Biosecurity

Following the motion carried at the WALGA 2016 Annual General Meeting, the Association has

been continuing to make strong representations on behalf of the sector to the outgoing Agriculture

Minister, Director General of the Department of Agriculture and Food (DAFWA) and departmental

officials. The Association is meeting with new Agriculture Minister, The Hon Mark Lewis MLC, on

November 29.

The Association has prepared a Post Border Biosecurity Policy Position and Recommendations

Paper. The Position Paper follows on from WALGA’s Biosecurity Discussion Paper released in

December 2015, workshops held earlier this year, and discussions with Councils and State and

Commonwealth officials. The Position Paper is available on the WALGA website and is open for

comment until February 2017. Once the Paper has been considered by State Council, it is intended

the Paper will underpin the Association’s advocacy on biosecurity and will form the basis for a

submission to the review of the Biosecurity and Agriculture Management Act. The review is

scheduled for 2017/18 however it may now be delayed until 2022/23. WALGA is awaiting

clarification on this from DAFWA.

The Association attended two biosecurity stakeholder forums convened by DAFWA on the subject

of transforming regional biosecurity, the first in Katanning on October 4 and the second in Wongan

Hills on October 6. The aim of these workshops was to bring a range of stakeholders together to

further develop a collaborative approach to pest management in the south-west of Western

Australia.

Strategic Assessment of the Perth and Peel Regions / Green Growth Plan

Following State Councils endorsement of the Green Growth Plan submission, the Association is

meeting with Department of Premier and Cabinet officials in November to discuss progress with the

strategic assessment, including implementation and funding issues.

The Association met with the Australian Government Department of Environment and Energy on

October 25 to discuss the strategic assessment as well as the implications of recent listing of

Banksia Woodlands under the Environment Protection and Biodiversity Act 1999. The Association

has organised for the Department to brief Local Governments on these issues at WALGA on

November 30.


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Corella Control Project

The Association secured $50,000 from the Department of Parks and Wildlife to work with Local

Government to develop a coordinated approach to the control of introduced corellas. A Corella

Working Group has been formed and a proposal developed that will involve an increase in corella

control activity as well as a greater capacity for information and knowledge sharing through a

secure Pest Bird Portal on the WALGA website.

The objective of the project is to foster a coordinated approach to controlling introduced corella

numbers in the Perth metropolitan area and surrounds, and to thereby reduce their health, financial

and environmental impacts.

A contractor will be engaged in late 2016 to undertake on-ground corella control activities at up to

four sites (including the City of Stirling, City of Swan and City of Rockingham) for a period of 3-4

months. The Association is working closely with the relevant Local Governments during this

process.

A pest bird briefing note has been prepared and provided to Local Governments involved in the

project to assist them in dealing with enquires from the public and the media.

Once the on-ground corella control work has been completed an item for noting will be included in a

future State Council agenda.

Vegetation Management

The Association has been working closely with the Department of Environment Regulation (DER) to

facilitate the use of strategic purpose permits for clearing activity covered under the Environmental

Protection Act 1986. Under this arrangement one permit would cover clearing at multiple sites.

These permits have the potential to reduce regulatory burden on Local Governments. WALGA has

worked with DER to develop an Environmental Considerations Report that will assist Local

Governments in the clearing permit process. A meeting with interested Local Government will be

held in December.

Urban Forest Strategies

WALGA has been in discussions with the Department of Planning to determine how the Department

can best support Local Governments in the creation of local Urban Forest Strategies. The aim is to

better understand the successes and challenges for Local Governments in creating Urban Forest

Strategies and how any issues are being addressed. Future discussions between WALGA,

Department of Planning and Local Governments will also aim to investigate how a Urban Forest

Framework for Perth and Peel may assist in providing Local Governments with consistency in the

preparation, implementation and monitoring of their Urban Forest Strategies.

7.1.2 Report on Key Activities, Governance and Organisations Services (01-006-03-0007 TB) WALGA State Council Meeting December 2016

Page 232

7.1.2 Report on Key Activities, Governance and Organisations Services (01-006-03-0007 TB)

By Tony Brown, Executive Manager Governance & Organisational Services

Recommendation

That the Key Activity Report from the Governance and Organisational Services Unit to the

December 2016 State Council meeting be noted.

Governance and Organisational Services comprises of the following WALGA work units:

Governance Advice (Local Government Act advice and support)

Employee Relations

Training

Local Government Reform & Regional Co-operation

Recruitment

Association Governance (Zones/State Council)

The following provides an outline of the key activities of Governance and Organisational Services

since the last State Council meeting.

Governance – Gift Provisions

WALGA’s policy position on gifts is as follows:

The gift provisions relating to Local Government Elected Members and designated employees

should be comprehensively reviewed. In the immediate term, the Local Government gift

requirements should align with the interpretation of a gift as described in the WA Ministerial Code of

Conduct. For this to be achieved, the Minister for Local Government should amend the Local

Government Act 1995, the Local Government (Administration) Regulations 1996 and the Local

Government (Rules of Conduct) Regulations 2007 to provide Elected Members and Officers with

exemptions for:

1. Gifts provided in a genuine personal capacity;

2. Business involving Local Government Associations and Organisations such as WALGA,

ALGA, LGMA and Regional Local Governments;

3. Attendance at community events and functions provided by Community Groups; and

4. Attendance at Government related functions and events (local, State and Federal) that are

principally sponsored or organised by Government.

The Minister for Local Government the Hon Paul Miles has advised that in the first instance he will

look to amend the regulations to provide an exemption for WALGA, ALGA and the LGMA. In

addition the Department of Local Government and Communities has established a Gift Working

Group to look at completely reviewing the gift provisions for changes following the March 2017

State Election. WALGA is a participant in this working group. Our key principles on gifts provisions

are:

To deliver transparency and accountability around Local Government decision making. The

system should be targeted at gifts from those who could benefit from Council decisions and

ensure that these gifts are made public.

Gifts provided in a genuine personal capacity be exempt.


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Gift Provisions for Elected Members and Officers align with the Public Sector standards, ie Align

with disclosure requirements for State Government Politicians and Public Servants including

values of gifts to be declared.

The key issue is that gifts should be declared in respect to Elected Member or Officer carrying

out their role for the Local Government.

In addition, the Working Group is working on preparing guidelines for Local Governments prior to

the changes being made, to assist Elected Members and Officers in managing within the current

provisions and interpretation taken by the Department of Local Government and Communities.

Further updates will be provided to the sector as work on the gift provisions progresses.

Elected Member Webinar – Introduction to the Local Government Act

WALGA hosted a webinar on Local Government Act for Elected Members on Wednesday, 26

October. This was the latest in a series of informational sessions and developed specifically for

Elected Members, the webinar provided an awareness of the information contained within the Local

Government Act and Regulations and covered:

Constitutional arrangements

How to read the Local Government Act and Regulations

Who does what within your Local Government

Delegating authority

Personal responsibilities; and

Consequences of improper conduct.

A copy of the recording for the webinar is available at:

http://walga.asn.au/Training/Our-Services/Webinars.aspx

Regional Cooperation

Regional Cooperation assistance continued over the last two months to regional groups and

organisations across the State. Interaction has included:

4WDL VROC meeting with member councils of Wagin, West Arthur, Williams, Woodanilling,

Dumbleyung and Lake Grace.

Hotham Williams Economic Development Alliance meeting with members of Boddington,

Wandering and Williams

CapeROC meeting with members Augusta-Margaret River and Busselton.

Murchison Executive Group (MEG) meeting with members Cue, Meekatharra, Mount Magnet,

Murchison, Sandstone, Wiluna.

NEWROC meeting including members from Wyalkatchem, Koorda, Nungarin, Mt Marshall,

Mukinbudin and Trayning.

Working with the Department of Regional Development in respect to the rollout of Regional

Centres Development Plans.

Stakeholder discussions with RDA Wheatbelt and RDA Perth

The Regional Groups are undertaking a variety of shared service activities including strategic

planning and working collaboratively to ensure sustainability of their regions and improved benefits

and outcomes to their individual communities.

http://walga.asn.au/Training/Our-Services/Webinars.aspx


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The Association supports the activities of regional groupings via the regional cooperation role

through the provision of facilitation, research, support and additional resources to assist the groups

to achieve their goals.

Service Delivery Review Workshops

The Department of Local Government and Communities (DLGC), working with the University of

Technology Sydney: Centre for Local Government (UTS:CLG) are delivering a series of Service

Delivery Review training workshops for country Local Governments. These workshops are of high

value and offer an understanding and guidance to conducting these important reviews. Importantly,

enhanced knowledge of this process will assist in informing Local Governments and the

communities they serve as they enter the upcoming reviews of their Strategic Community Plans.

SEGRA (Sustainable Economic Growth for Regional Australia) National Conference

Albany recently played host to several hundred participants from across Australia and further afield

for the annual SEGRA National Conference. With the theme of ‘Naturally Stronger Regions:

Realising the Potential, the conference was jam packed with examples of innovation, successful

economic development and emerging economic development opportunities. Albany and

surrounding communities were showcased throughout the conference, particularly on the final day

with study tours visiting the Shires of Cranbrook, Plantagenet, Denmark, Gnowangerup and

highlights of the City, particularly following the ANZAC celebrations of 2014. The Great Southern

Development Commission along with co-host partners, the City of Albany and RDA Great Southern

should feel very proud of the conference.

Recruitment

The Recruitment Service provides a number of professional placements in a variety of roles within

the sector coupled with a significant number of Chief Executive Officer and Senior Executive

positions.

The recent assignments are:

Chief Executive Officer Recruitment –Shire of Mt Marshall, Shire of Serpentine Jarrahdale, Shire

of Mount Magnet and the Shire of Brookton

Executive Manager Finance and Administration – Shire of Shark Bay

Further the service is currently processing a couple of 457 temporary work skilled and permanent

resident visas for Local Governments.

7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID) WALGA State Council Meeting December 2016

Page 235

7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID)

By Ian Duncan, Executive Manager Infrastructure

Recommendation

That the Key Activity Report from the Infrastructure Unit to the December 2016 State Council meeting be noted. The following provides an outline of the key activities of the Infrastructure unit since the last State Council meeting. Roads Road Visual Condition Assessment manual

The new WALGA Road Visual Condition Assessment Manual has been released, a copy has been posted to all Local Governments and it is also available for download from the WALGA website.

Local Government practitioners identified a need to update the old Roman Data Collection Manual. The new manual has been developed under the guidance of a Technical Reference Group after extensive sector wide-consultation. The manual introduces some changes to the rating scales and collection fields and introduces a Road Condition Index calculation method. The RAMM software is being modified to reflect the changes and the supplier will be releasing an update shortly. The manual is designed to be generic and can be used with any pavement management system. Review of the Road Classification System A Working Group including representatives from Local Governments, Main Roads and WALGA has been established to review the current road classification system used to determine responsibility for roads in WA under the requirements of the Main Roads Act 1930. It is proposed that the new system adopt a two tier process. The first tier will consider the planning and statutory functions of the road and the second will comprise a more detailed assessment of the road’s current and future function. The Group met in October to consider a draft methodology which was tested on the Metropolitan road network. The Group was in general agreement that the methodology and outcome was reasonable. Main Roads will next produce a formal documentation of the classification methodology for the Working Group’s approval and the draft classification system will then be released to all Local Governments for comment. Standard Guidelines for Residential Vehicle Crossovers There are many different specifications and guidelines for the planning, design and construction of vehicle crossovers to residential properties. This is causing confusion for planners and designers and adding costs for builders and contractors. In response to requests from Government, WALGA engaged Cardno to compile a standard for potential adoption by Local Governments. A draft Guideline was completed based on the harmonisation of current practices and input received from a workshop for Local Government practitioners. The guideline was then released for Local Government comment and the received feedback was considered before finalising the Guide. The Guide is included in this agenda for State Council consideration. 2015/16 Road Assets and Expenditure Report Data is being collected from Local Governments to inform the 2015/16 Local Road Assets and Expenditure Report. Timely receipt of information remains a significant challenge to the completion of this work.


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Calculating the Cost of Road Wear on Unsealed Roads Last year WALGA published a User Guide for calculating the cost of road wear on sealed Local Government roads from additional freight tasks. Many Local Governments have since requested that WALGA compile a similar tool for unsealed roads. Following an invitation to suitable consultants to submit proposals for the project, WALGA appointed ARRB to assist in designing a guide for calculating the cost of road wear on unsealed roads. The first phase of the project will be to gather information from a sample of Local Governments to assist in identifying the critical parameters to drive the methodology. A questionnaire was sent to all Local Governments in October and this will be followed by telephonic and personal interviews and then establishing a working group of experts to help guide the process. It is estimated that the project will take 12 to 18 months to complete depending on the complexity required and availability of funding.

Harmonisation of the Requirements for Utility Providers Working in the Road Reserve The Utility Providers Services Committee has commissioned a sub committee to investigate and make recommendations to drive uniformity for the requirements for traffic management, road authority notifications and reinstatement for works in the road reserve. The Group comprises representatives from the major utility companies, Local Governments, IPWEA and WALGA. The Group has met twice in the past three months and at the last meeting there was agreement that WALGA will compile a draft practice code defining the desirable requirements. If the Group reach agreement on the practice code then it will be referred back to the UPSC for further action. Funding State Road Funds to Local Government Agreement Since the process for negotiating a new State Road Funds to Local Government Agreement for the period from July 2018 commenced a new Minister for Transport, new Director General Transport and new Acting Managing Director Main Roads WA have been appointed. Consequently the process has needed to be refreshed and reconsidered in the context of a State Election in March 2017.

A consortium of consultants lead by Pracsys has been appointed to report on the benefits to the regional and State economics delivered through the State Road Funds to Local Government Agreement during the five year period ending June 2016. A range of case studies drawn from across the State are being developed to illustrate the critical nature of investment in local road networks. A draft report is anticipated before the end of November.

The focus on timely delivery of grant funded road projects in the metropolitan region is being driven by the engagement of a Program Manager on a contract basis. Mr Geoff Eves has reviewed most State funded Road Improvement Projects and Black Spot projects in the metropolitan area in conjunction with the project managers and has developed recommendations to increase delivery in 2016/17 as well as consider the 2017/18 program that is yet to be funded. The Metropolitan Regional Road Group will consider these recommendations in early December.

Western Australian Natural Disaster Relief and Recovery Arrangements (WANDRRA)

The Commonwealth is proposing a new upfront funding model, making payments for reconstruction of essential public assets damaged or destroyed in eligible natural disasters based on estimated costs rather than invoices paid. The testing phase is proposed to occur from late 2016 until 31 March 2018. It is anticipated that during the testing phase certain elements of the proposed model will be tested, while the existing NDRRA, and hence WANDRRA, procedures still operate. Review and evaluation processes will occur throughout, and on completion of, the testing phase. The proposed implementation of a new national disaster recovery funding process is intended to begin on 1 July 2018, with all States aligning with the new process. The West Australia Government is still negotiating further changes with the Commonwealth as the current proposals will not allow for


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testing of the use of Local Government day labour as an eligible expenditure in recovery and reconstruction. An Info Page was distributed to Local Governments on 4 November to notify of a ‘testing phase’.

Urban and Regional Transport ‘Transport @ 3.5 Million’ – Perth Transport Plan for 3.5 million People and Beyond

WALGA has prepared and submitted an interim submission in response to the State Government’s ‘Perth Transport Plan for 3.5 million People and Beyond’. The plan includes long term proposals for public transport, cycling, freight and freeway networks. WALGA held a workshop with Local Governments to inform an interim submission to the Plan.

Restricted Access Vehicle Networks Several key changes to the management of Restricted Access Vehicle (RAV) networks and the associated processes have been implemented ahead of the 2016/17 grain harvest in response to pressures on Local Governments to provide additional access to low volume roads. These changes include: 1. Applications from industry for changes to the RAV network to be initially directed to Main Roads

who will then seek support from the relevant Local Government; 2. Local Governments can request low volume roads currently assessed as RAV 2 or RAV 3 to be

administratively upgraded to RAV 4 without field assessment, provided there are no bridges; and

3. Harvest Mass Management Scheme Business Rules have been amended to allow Restricted Access Vehicles (RAVs) combinations to safely access paddocks on roads that have not been assessed by Main Roads.

Wheatbelt Secondary Freight Routes The Association supported the Wheatbelt North and Wheatbelt South Regional Road Groups in working with Local Governments to identify secondary freight routes in the region. An application for grant funding from Department of Regional Development to undertake an assessment of the 80 routes identified was completed and a case study prepared for discussion with representatives from the Federal Department of Infrastructure and Regional Development. This is a potential model for consideration by other regions.

Guidelines for the Construction of Shared Paths A Guideline for the design and construction of shared paths has been completed and is being prepared for publication. These guidelines, jointly funded by WALGA and the Department of Transport, are intended to guide the development of shared path infrastructure funded through the Perth Bicycle Network (PBN) and Regional Bicycle Network (RBN) grants programs.

They are also intended to influence all Local Government shared path construction including projects constructed by developers. The guideline was developed and Local Governments provided comments through a workshop.

Road Safety Road/Rail Interface Agreements – new National Regulator

The Rail Safety National Law (WA) Act 2015 became law in November 2015 and provides for rail safety in Western Australia to be regulated by the National Rail Safety Regulator. The Act continues to require rail infrastructure managers and road managers to identify and assess risks to safety that may arise from the existence or use of any rail or road crossing and seek to enter into an Interface Agreement for the purpose of managing those risks.


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In September 2016, Brookfield Rail released Interface Agreement version 2.3, the aim of which was to address concerns previously raised by Local Governments. Specifically, version 2.3 provided that roadworks within the danger zone could not be undertaken by Brookfield Rail or its contractor unless there is prior written agreement between the parties; and a Local Government may undertake minor roadworks within the danger zone with the approval of Brookfield Rail. Local Governments have commenced signing the new version of the Agreement and the Office of the National Rail Safety Regulator is being kept informed of progress.

State Underground Power Program Ratepayer surveys in the 27 highest ranked project areas being considered for Round 6 of the State Underground Power Program were completed in September. The survey results are currently being analysed and then will be included with the other criteria to determine the overall project recommendations. Road Safety Council Update

The Road Safety Council met on 28 September, for the first time since November 2015. Cr Stephen Fox (Shire of Mundaring) attended as the newly appointed (by the Minister for Road Safety) Member representing Local Government. At that meeting the Road Safety Commission gave an overview of the upcoming gateway review, an update on fatality rate trends and highlighted issues associated with 2014 crash data. WALGA presented the report ‘Estimating the value of contributions to community level actions for road safety’, as an opportunity to showcase the contributions made at the local level.

A workshop was also held in November, with the aim of identifying the governance processes required to ensure the Road Safety Council meets its obligations until amendments are made to the Road Safety Council Act 2002. The Road Safety Commission will develop a schedule and agenda framework to facilitate future meetings.

RoadWise Road Safety Newsletter

The October edition of the RoadWise Road Safety Newsletter can be accessed electronically at http://roadwise.asn.au/roadwise-road-safety-newsletter.aspx. New subscribers should email [email protected] to register to receive the newsletter directly. The newsletter is currently distributed to more than 2000 members of the community road safety network in Western Australia. Readership of the newsletter is estimated to be significantly higher than distribution.

http://roadwise.asn.au/roadwise-road-safety-newsletter.aspx


7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 WC) WALGA State Council Meeting December 2016

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7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 WC)

By Warwick Carter, Executive Manager Planning and Community Development

Recommendation

That the Key Activity Report from the Planning and Community Development Unit to the December 2016 State Council meeting be noted. The following provides an outline of the key activities of Planning and Community Development since the last State Council meeting. Planning

State Planning Policy No. 1 – State Planning Framework

An updated draft State Planning Policy No.1 (SPP 1) has been released for public comment until

24 December 2016. SPP 1 brings together existing State and regional policies, strategies, plans

and guidelines within a central State Planning Framework. It sets the context for decision-making on

land use and development in Western Australia. The Association will review this new version to

determine whether a representative submission is required, as the document is not significantly

different to the existing SPP1.

Design WA and new State Planning Policy No.7

The Department of Planning has released a new Design WA framework and a new State Planning

Policy for Design of the Built Environment (SPP 7) and complementary Apartment Design Guide.

The documents also outline consistent standards for the establishment of Design Review

Committees.

The following documents are currently out for public consultation until the 20 December 2016 and

the Association is currently preparing a representative submission on behalf of the sector.

Draft State Planning Policy 7: Design of the Built Environment, available at:

https://www.planning.wa.gov.au/dop_pub_pdf/WAPC%20State%20Planning%20Policy%207

%20-%20Design%20of%20the%20Built%20Environment_DRAFT.pdf

Draft Apartment Design policy, available at:

https://www.planning.wa.gov.au/dop_pub_pdf/WAPC_Apartment_Design_Policy_DRAFT_.pdf

Draft Design Review Guide - available at:

https://www.planning.wa.gov.au/dop_pub_pdf/WAPC%20Design%20Review%20Guide_DRA

FT.pdf

Draft Design Skills Discussion Paper - available at:

https://www.planning.wa.gov.au/dop_pub_pdf/WAPC%20Design%20Skills%20Discussion%2

0Paper_DRAFT.pdf

Design WA brochure, available at:

https://www.planning.wa.gov.au/dop_pub_pdf/DesignWA%20Stage%20One_Brochure.pdf


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Liveable Neighbourhoods – Second Draft

The Association has been advised that a revised version of Liveable Neighbourhoods is nearing completion, with the document to be released in the upcoming months for a second round of public consultation. The Department of Planning advised that the second draft of the document has been reconfigured with improved graphics and more consolidated provisions. It is also anticipated that Liveable Neighbourhoods will be elevated to a State Planning Policy under the above Design WA Framework.

Interim Submission on Revised State Planning Policy 3.6 – Development Contributions The Western Australian Planning Commission (WAPC) is seeking public comment on the revised State Planning Policy 3.6 (SPP 3.6) Development Contributions for Infrastructure and the accompanying Draft Guidelines and Scheme Text Provisions. These documents are the result of a review of the WAPC’s Development Contributions for Infrastructure policy framework and include:

Revised SPP 3.6 including modifications to clarify certain matters and provide information in existing appendices in separate supporting documents.

Draft Guidelines to provide additional guidance and explanatory information in support of SPP 3.6 to ensure that the policy is interpreted and implemented consistently across local governments.

Draft Scheme Text Provisions to provide consistency in the application of developer contribution plans through local planning schemes.

The Association has prepared an interim submission to meet the public comment deadline of 25 November 2016, therefore the submission will be presented to March 2017 State Council Meeting for endorsement.

Freight and Logistics Council of WA - Freight Rail Noise Workshop. The Freight and Logistics Council of WA held a workshop with local government officers on the 17 November 2016. The workshop was held to discuss a project to monitor and examine a number of freight rail noise ‘hot spots’ within the Metropolitan Region, with the intention of identifying possible solutions to rail noise issues within these areas. Further discussions with the Freight and Logistics Council of WA will be held to ensure that Local Government’s views and issues can be considered within the project.

Department of Fire & Emergency Services - Information session A presentation from the Department of Fire & Emergency Services (DFES) Built Environment branch was held for Local Government Building Surveyors on the 4 November 2016. The presentation outlined DFES’s role in the building approval stage following submission of building plans (class 2-9), by the Independent Building Surveyor and/or Fire Engineer and

Why DFES comments on matters that on face value seem the domain of the Independent Building Surveyor

The responsibilities and roles of DFES and the firefighters following the building’s construction, and

How this results in interactions with Local Governments

The DFES presentation is available by contacting [email protected]

Community Tourism Work Atlas WALGA has partnered with the Tourism Council WA and made a contribution to the ‘Tourism Works Atlas’ which provides important tourism employment data defined by Local Government, tourism



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region, Regional Development Commission regions, and State and Commonwealth electorates. It also includes detailed tourism employment profiles for most Local Governments (where ABS data and reliable sample sizes were available). This data serves to assist in building a case for Local Governments’ contribution to tourism and demonstrates the value of tourism in our local economies.

Heritage Breakfast with National Trust WA WALGA hosted a breakfast for Local Government with the National Trust WA to: discuss current work, assistance the National Trust can provide to Local Governments, and future collaborative projects. WALGA is continuing conversations with the National Trust WA to assist in developing and supporting Local Government heritage outcomes. Heritage Workshop for Local Government: municipal inventories and heritage lists WALGA is hosting a workshop in response to the sector’s interest in municipal inventories and heritage lists. The State Heritage Office and the Department of Planning will present and attendees will be invited to provide feedback to draft state government guidelines. Local Governments that have recently undertaken work on their heritage lists and inventories will present case studies and their learnings. Exemption Policy to the Liquor Control Act 1988 Local Governments may need to consider their long-term land-use management plans and implications to their current permit processes under a new Exemption Policy to the Liquor Control Act 1988, which commenced 7 September 2016. It allows tourism operators genuinely marketed as a tourism business (e.g. Accredited Tourism Business) to include and serve alcohol in their marine or land tour without a liquor licence, providing it is included in the tour price and is limited to five drinks per day. Whilst it also imposes other conditions, the onus will be on the tourism business to seek Local Government approval before serving alcohol on their tours. The Tourism Council WA requested that WALGA encourage a blanket policy for Local Government approvals; however WALGA has provided advice that this is prohibitive under Local Laws and does not consider Local Government’s diverse land uses. Permit applications must still be assessed by Local Governments on a case by case basis. Community Infrastructure Grants Program The applicants who have been successful as part of the Community Infrastructure Grant Program are progressing with their projects, with all except three applicants having commenced their project, and over half (13) of all applicants having now completed their project. As a result of unexpended funds, the City of Armadale and Telethon Speech and Hearing were awarded funding to proceed with their original grant application. Applicants are engaging a range of different stakeholders to undertake their Community Infrastructure project. As listed in their Progress Reports, these include Lotterywest, South West Development Commission and Tourism WA. Many applicants have noted strong collaboration across departments from within their organisation. Changing Places Grants Program The 18 Local Governments who were successful as part of the Changing Places Grant Program are progressing with their respective projects. Currently, two Local Governments have completed the construction of their Changing Place facility, being the City of Greater Geraldton and the Shire of Toodyay. Five Local Governments have commenced either the planning or construction phase of their project. WALGA recently held a workshop at the Toodyay Community Centre for Local Governments who received funding as part of the WA Changing Places Grants Program. The workshop, which was

http://tourismcouncilwa.us10.list-manage.com/track/click?u=141ba200ab45f53cd09bfa5dd&id=0237a70dc6&e=152d617dc2


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kindly hosted by the Shire of Toodyay, was well received by all that attended. Attendees of the forum were provided with valuable insight into the construction a Changing Place facility by the Shire of Toodyay and the City of Greater Geraldton. WALGA is also developing a toolkit which will identify all WA Building Standards and requirements. This document will be a valuable resource for Local Governments who are thinking about constructing a Changing Place facility in their community. The Changing Places UK consortium was recently identified in the ‘Best Practices of Accessible Urban Development’ document by the United Nations. The recognition of Changing Place facilities at an international level demonstrates the merit of the worthwhile Changing Places Grant Program that WALGA is administering on behalf of the WA State Government. Arts and Culture WALGA is currently reviewing the Strategic Directions 2016-2031 Report recently published by the Department of Culture and the Arts (DCA). WALGA is continuing to work collaboratively with DCA on a number of projects, and continues to maximise on other existing and new partnerships.

7.2 Policy Forum Reports WALGA State Council Meeting December 2016

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7.2 Policy Forum Reports

7.2 Policy Forum Reports (01-006-03-0007 TB)

The following provides an outline of the key activities of the Association’s Policy Forums since the last State Council meeting.

Recommendation

That the report on the key activities of the Association’s Policy Forums to the December State Council Meeting be noted. 7.2.1 Mayors/Presidents Policy Forum

(Tony Brown, Executive Manager Governance & Organisational Services)

The Mayors/Presidents Policy Forum has been tasked with addressing the following key issues;

i. Advise the WALGA President on emerging policy issues;

ii. Serve as a stakeholder forum to effectively support and complement the broader work of

the Western Australian Local Government Association

iii. Provide a networking opportunity for all Mayors and Presidents across the State.

iv. Provide a forum for guest speakers to present on topical sector issues.

Comment

The Mayors/Presidents forum is scheduled to be held twice per year. The first meeting of the forum

was held on Tuesday 2 August 2016. Approximately 70 Mayors/Presidents attended and it was an

informative meeting. Neil Douglas from McLeods Barristers and Solicitors presented on the issue of

“Gifts”.

The next forum will be scheduled for Early March 2017. Confirmation of the date and the topics and

issues will be circulated in the near future.

7.2.2 Mining Community Policy Forum

(Wayne Scheggia, Deputy CEO) The Mining Communities Policy Forum has been tasked with addressing the following key issues;

i. Monitor and assess the continuing impacts of State Agreement Acts on Local

Government revenue raising capacity and service delivery; ii. Monitor and assess the impacts of State Government legislation, regulation and policies

on the capacity of Local Governments to appropriately rate mining operations. iii. Develop and recommend relevant advocacy strategies in relation to i & ii; iv. Consider and recommend relevant strategies in respect to “Fly-in, Fly-out (FIFO) and

“Drive-in Drive-out” (DIDO) workforce practices with specific reference to; a. The effect of a non-resident, FIFO/DIDI workforce on established communities,

including community wellbeing, services and infrastructure; b. The impact on communities sending large numbers of FIFO/DIDO workers to mine

sites. Comment There has not been a meeting of the Policy Forum since the previous State Council meeting.


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7.2.3 Container Deposit Legislation Policy Forum (Rebecca Brown, Acting Executive Manager Waste and Environment)

A Container Deposit Scheme (CDS) is a form of Extended Producer Responsibility which seeks to place financial/physical responsibility for a product (at end of life) on the original producer

The objectives of the Container Deposit Scheme Policy Forum shall be to:

Provide constructive input into the development of a CDS for WA

Ensure that regional and remote communities have access to the benefits of a CDS

Engage with Local Government, and collectively negotiate with the Scheme operator, to ensure the sector has the opportunities to be involved in the implementation of a CDS. Comment The Policy Forum terms of reference have been updated to reflect the bi-partisan commitment to the development and implementation of a CDS in WA. New members have been sought for the Policy Forum and the first meeting will be scheduled for late November/early December. 7.2.4 Freight Policy Forum

(Ian Duncan, Executive Manager Infrastructure)

This Freight Policy Forum will focus on the agricultural (cropping and livestock grazing, excluding pastoral activities) areas of Western Australia and their links to port. The objectives are to better define and manage the freight network on Local Government roads and establish sustainable funding arrangements. Comment A meeting of the Freight Policy Forum was held in September. The members agreed to further developing a policy template for heavy vehicle access on local roads and to further investigate developing a guiding document on the mechanisms and conditions of applying cost recovery.

Documents

December 2016 - walga.asn.au · arrangement for the management and distribution of the Emergency Services Levy. Funding should also be provided to facilitate consultation with affected