of the Lifestyle and Community Committee Meeting€¦ · That the Report of the Lifestyle and Community Committee Meeting of Thursday 13 August 2020, covered by Recommendations numbered

792 Adopted Report

of the

Lifestyle and Community Committee Meeting

held

Thursday 13 August 2020 at

1 pm

City of Gold Coast Council Chambers 135 Bundall Road Surfers Paradise

792nd Council Meeting 25 August 2020 2 Lifestyle and Community Committee Meeting 13 August 2020 Adopted Report

Index 792 Adopted Report

Lifestyle and Community Committee Meeting Thursday 13 August 2020

Item Direct. File Page Subject

1 LC CM787/790/03/04(P1) 5 2020 Proposed Agenda Items for the Lifestyle and Community Committee Meeting

2 LC FN334/375/02/08(P1) 7 2020-21 Local Area Works Program - Additions

3 LC CS433/408/01/01(P1) 15 Parks Usage For Community Benefit

4 LC CS431/962/03 27 Compassionate Gold Coast and World Kindness Australia Update 2020

Closed Session

5 LC HL464/275/04(P1) 39 Response from the State Government regarding the Remediation of Former Illegal Drug Laboratories

General Business

6 LC CE196/423/05(P1) 51 Management Of Trees On Council Controlled Land Policy

KEY: OCEO - Office of the Chief Executive Officer OCOO Office of the Chief Operating Officer EPE - Economy, Planning and Environment OS - Organisational Services LC - Lifestyle and Community TI - Transport and Infrastructure WW - Water and Waste


ADOPTED AT COUNCIL 13 AUGUST 2020

moved Cr Vorster seconded Cr Bayldon-Lumsden RESOLUTION G20.0825.019

That the Report of the Lifestyle and Community Committee Meeting of Thursday 13 August 2020, covered by Recommendations numbered LC20.0813.001 to LC20.0813.006, be adopted with the exception of:- Recommendation Numbers LC20.0813.004

LC20.0813.005 and LC20.0813.006 which were specifically resolved.

CARRIED UNANIMOUSLY

ATTENDANCE

Cr H Vorster (Chairperson) Cr R Bayldon-Lumsden Cr D Gates Cr C Caldwell Cr G Tozer Cr G O’Neill

Cr W Owen-Jones Visitor Cr D Taylor Visitor Cr PC Young Visitor Cr B Patterson Visitor Cr McDonald Visitor arrived at 1.07pm

Ms A Ewens Director Lifestyle and Community

APOLOGY / LEAVE OF ABSENCE

PROCEDURAL MOTION moved Cr Gates seconded Cr Caldwell

That the apology/leave of absence of Cr La Castra be noted.

CARRIED

PRESENTATIONS

Nil


The information below is extracted from the Procurement Policy and Contract Manual. Refer to the Procurement Policy and Contract Manual for complete details.

Local benefits Business categorisation for local business

For the purposes of competitive local business and industry, businesses supplying Council have been categorised as shown in Table 1 following.

Table 1: Business categorisation for competitive local business and industry

Category Description

A Gold Coast based business

B South East Queensland and Tweed Shire business

C Queensland business

D Australian business

E Overseas business

Applying the local benefit weightings

For contracts where the expected worth is greater than $250,000 where competitive offers are mandatory a minimum of 20 per cent weighting will be included in Council’s capability scoring evaluation criteria. This percentage can be increased in line with the market conditions and procurement strategy developed.

Each procurement activity should consider the opportunity for local benefits as part of the sourcing strategy to identify any opportunity to benefit the local economy.

The local benefits capability score is an aggregated score based on the benefits that can be realised for local suppliers and the local economy.

Measures for local benefit:

• Locally sourced services, manufactured or sourced goods• Local employment and local subcontracting• Local growth and development:

o Skills transfer, technology transfer, research and development transfero Investment in local training, apprenticeships, trainee opportunities, certifications and

capabilityo Consortiums, joint ventures or strategic partnering with local firmso Participation in the Gold Coast Business Excellence awards and other industry

awardso Commitment to community and social development initiativeso Provision of new local jobs and career development opportunities

Procurement is to be consulted where other local benefit measures are considered with regard to the sourcing strategy developed.

Local benefit weighting is determined in parallel with other selection criteria. The measures are scored and averaged to give a total local benefits score.

All contracting activity must reflect the most advantageous outcome for local businesses and the local economy.

792nd Council Meeting 25 August 2020 5 Lifestyle and Community Committee Meeting 13 August 2020 Adopted Report ITEM 1 LIFESTYLE AND COMMUNITY 2020 PROPOSED AGENDA ITEMS FOR THE LIFESTYLE AND COMMUNITY COMMITTEE CM787/790/03/04(P1)

2020

ITEM BRANCH ACTION/ PREVIOUS RESOLUTION

Lifestyle and Community Committee – All Meetings

2020 Proposed Agenda Items for the Lifestyle and Community Committee Director’s Office Standing Item

2020-21 Local Area Works Program – Additions Lifestyle and Community Committee Transport & Local Area Works Standing Item

793 Council Meeting – 15 September 2020 (1pm) Lifestyle and Community Committee – 3 September 2020

Busking Permit Review Health & Regulatory Services

794 Council Meeting – 27 October 2020 (1pm) Lifestyle and Community Committee – 15 October 2020

Cemeteries Generation report Community Venues & Services

Pimpama Sports Hub Operational Arrangements Community Venues & Services

Assessing and Awarding Trials for Unsolicited Commercial Proposals in Public Open Spaces Parks & Recreational Services

792nd Council Meeting 25 August 2020 6 Lifestyle and Community Committee Meeting 13 August 2020 Adopted Report ITEM 1 (Continued) 2020 PROPOSED AGENDA ITEMS FOR THE LIFESTYLE AND COMMUNITY COMMITTEE CM787/790/03/04(P1)

794 Council Meeting – 27 October 2020 (1pm) - Continued Lifestyle and Community Committee – 15 October 2020

Botanic Gardens Visitor Centre Parks & Recreational Services

Vessels Stored on Foreshores and Reserves Health & Regulatory Services

Managing mosquitoes, bats and non-endemic birds Health & Regulatory Services

RECOMMENDATION It is recommended that Council resolves as follows: That the 2020 Proposed Agenda Items for the Lifestyle and Community Committee be noted. Authorised by:

Alison Ewens TRACKS REF: #76980968 Director Lifestyle and Community

COMMITTEE RECOMMENDATION LC20.0813.001 moved Cr Tozer seconded Cr O'Neill That the 2020 Proposed Agenda Items for the Lifestyle and Community Committee be noted. CARRIED

792nd Council Meeting 25 August 2020 7 Lifestyle and Community Committee Meeting 13 August 2020 Adopted Report ITEM 2 LIFESTYLE AND COMMUNITY 2020-21 LOCAL AREA WORKS PROGRAM – ADDITIONS FN334/375/02/08(P1) Refer 4 page attachment 1 BASIS FOR CONFIDENTIALITY 1.1 I recommend that Attachments 2.2 to 2.4 of this report be considered in Closed

Session pursuant to section 275 (1) of the Local Government Regulation 2012 for the reason that the matter involves the local government’s budget.

1.2 I recommend that Attachments 2.2 to 2.4 be deemed confidential documents in

accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the attachments remain confidential unless Council decides otherwise by resolution.

2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is for Council to approve additions to the 2020-21 Local Area Works Program as detailed in Attachment 2.1. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION Councillors in conjunction with City officers have suggested that the projects in Attachment 2.1 be added to the 2020-21 Local Area Works Program. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN 1.0 The best place to live and visit.

1.1 Our city provides a choice of liveable places We can choose diverse lifestyle and housing options from rural to city living.

2.0 Prosperity built on a strong diverse economy

2.3 We have infrastructure that supports productivity and growth. We have connected and vibrant economic precincts.

3.0 People contribute to a strong community spirit 3.6 We are an active community

We enjoy the city and its enviable climate.

792nd Council Meeting 25 August 2020 8 Lifestyle and Community Committee Meeting 13 August 2020 Adopted Report ITEM 2 (Continued) 2020-21 LOCAL AREA WORKS PROGRAM – ADDITIONS FN334/375/02/08(P1) 7 FUNDING AND RESOURCING REQUIREMENTS Funds are available within the various Local Area Works allocations to carry out the works as indicated in Attachment 2.1 within the 2020-21 financial year. In the case of the Local Area Works Program – Additions, details of the additional annual operational/maintenance costs, estimated new/upgrade and renewal costs and estimated useful life of the new assets created are shown in Attachment 2.1. The new/upgrade cost is the cost to create or upgrade the asset. The renewal cost is the cost to renew the asset in today’s dollars and includes disposal costs and design costs as required at the end of the asset’s estimated useful life. The works proposed in this report will be maintained and operated using WOC maintenance budgets unless otherwise specified. Budget submissions will therefore be lodged during future budget deliberations to cover maintenance and operational costs. These assets will be included in the relevant Asset Management Plans. 8 RISK MANAGEMENT Transport and Infrastructure’s risk in terms of project development and delivery is mitigated by the risk management procedure 6-3 which is aligned with the Risk Management Standards AS/NZS 31000:2018. Lifestyle and Community Services’ risk in the terms of project development and delivery is mitigated by undertaking risk assessments (including consequence and likelihood assessments and mitigation actions) as part of project planning and execution. 9 STATUTORY MATTERS Not Applicable. 10 COUNCIL POLICIES The policy applicable to the inclusion of Local Area Works projects listed for endorsement by Council is the Local Area Works and Services Program Policy (iSPOT #22891397) and the Community Grants Policy. 11 DELEGATIONS Not Applicable.


ITEM 2 (Continued) 2020-21 LOCAL AREA WORKS PROGRAM – ADDITIONS FN334/375/02/08(P1)

12 COORDINATION & CONSULTATION

Name and Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

J McIlveen, Parks Development Officer

Lifestyle and Community

Yes

Cam French, Parks Project Officer

Lifestyle and Community

Yes

13 STAKEHOLDER IMPACTS

The community, ratepayers and visitors to the Gold Coast will benefit from the new and improved facilities funded from the Local Area Works Program as listed in Attachment 2.1.

14 TIMING

Projects listed with “TBA” will be added to the Local Area Works Program once formally approved by Council and included in Design/Construction Programs for implementation in conjunction with other priority works contained in the City’s Capital Works Program.

15 CONCLUSION

The proposed additions to the Local Area Works and Services Program as suggested by divisional councillors in conjunction with City officers are listed in Attachment 2.1. It is recommended that Council approve the additions in order that they can be delivered as soon as practicable.

16 RECOMMENDATION

It is recommended that Council resolves as follows:

1 That the additions listed in Attachment 2.1 be approved for the 2020-21 Local Area Works Program.

2 That Attachments 2.2 to 2.4 be deemed confidential documents in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that Attachment 2.2 to 2.4 remain confidential unless Council decides otherwise by resolution.

Author: Authorised by: Garry Ellis Alison Ewens Program Coordinator Project Management Unit Director Lifestyle and Community 20 July 2020 Tracks Ref: 77096469


ITEM 2 (Continued) 2020-21 LOCAL AREA WORKS PROGRAM – ADDITIONS FN334/375/02/08(P1)

COMMITTEE RECOMMENDATION LC20.0813.002 moved Cr Tozer seconded Cr O'Neill

1

2

That the additions listed in Attachment 2.1 be approved for the 2020-21 Local Area Works Program.

That Attachments 2.2 to 2.4 be deemed confidential documents in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that Attachment 2.2 to 2.4 remain confidential unless Council decides otherwise by resolution.

CARRIED


ATTACHMENT 2.1

LIFESTYLE AND COMMUNITY – ADDITIONS Line

# Contact Officer

Div Project No

Location and / or Recipient Organisation

Description Proposed Local Area

Works Allocation

New / Upgrade. Preliminary Estimated

Capital costs $

Additional Annual

Operations & Maintenance

Costs $

Estimate Useful Life

Years

Future Renewal

Costs

1 J. McIlveen(CR488248)

10 TBA Rio Vista Boulevard/ Seaforth Avenue, Broadbeach Waters

Allocation for the construction of a shade structure over the existing playground within John Davidson Park.

25,000 500 7 25,000

2 J. McIlveen(CR502590)

10 TBA Kalimna Drive Broadbeach Waters

Allocation for the construction of a shade structure over the existing playground within Moana Park.

40,000 800 7 40,000

3 C. French(CR617303)

10 TBA Thomas Drive, Surfers Paradise

Allocation towards the design for the redevelopment of Chevron Island Park and Korman Family Park.

55,000 N/A N/A N/A

Sub Total 1,300 Cumulative

Total 23,050

* Cumulative total is the total value of the additional annual operational maintenance costs for local area works funded Community assets submitted to Council fornotation for the 2020-21 financial year as at the date of this report.


REDACTED - Attachment 2.2 to Attachment 2.4 being pages 12-14


ITEM 3 PARKS AND RECREATIONAL SERVICES PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) Attachment A: Previous resolutions for Parks Usage Policy: Temporary Commercial

(Ticketed) Recreational Activities Attachment B: Previous resolutions for Parks Usage Policy: Use by Conference and

Corporate Associated Events Attachment C: Previous resolutions for Parks Usage Policy: Temporary Use of Parks

by Individuals, Groups or Community Organisations 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of the report is to propose a review and consolidate the City’s suite of park usage policies and processes that manage activities in parks and natural areas, and consider the community benefits that can be derived from such use. 4 PREVIOUS RESOLUTIONS Ex Minute No G20.0303.010 That a report be brought forward outlining a framework for assessing and awarding trials for unsolicited commercial proposals in public open spaces not otherwise captured in existing policies or local law. Ex Minute No CC12.1206.005 That to formalise current practices and to provide clarity to users of parks Council adopts the Parks Usage Policy: Seasonal Right of Use 5 DISCUSSION The City’s park estate currently comprises of over 2200 parks (16712 ha) which include natural areas, premium destination spaces, sports parks, recreation parks, and reserves. The growth of the city in recent years has resulted in parks becoming very popular venues for a range of regular activities and events. The community benefit including the physical, mental and social wellbeing of residents that results from the activation and use of City parks is now more important than ever. The City’s parks estate is a valuable, key lifestyle asset that contributes to the marketability and liveability of the city.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) The City’s parks are activated on a regular basis via: events: food trucks and music, cultural celebrations, festivals, outdoor cinemas, circuses,

corporate functions, markets, sports and community events active recreation: organised sporting activities, outdoor fitness, aquatic activities, cycling,

skating, technical sports coaching and training, dog exercise and walking filming and photography nature based recreational activities: hiking, trail running, horse riding, mountain bike

riding, wildlife observation passive recreation: picnics, family gatherings, birthdays, quiet reflection and respite active transport: pathways and infrastructure formal ceremonies: weddings and other ceremonies The City’s parks are activated by different types of users/service providers: non-profit organisations: sports clubs, surf clubs, other community organisations and

volunteers businesses: event organisers, professional sports coaches and fitness trainers, tourism

operators, small business owners, mobile food and beverage vendors tourists and visitors ratepayers and residents Regardless of the user, it is important that all park usage is in accordance with or is complementary to the intended purpose and provides benefit to the community such as: promote community health and well-being create opportunities for social interaction create opportunities for arts and cultural celebration support diversity and inclusiveness support the Gold Coast economy (tourism) and local employment opportunities provide community educational experiences support non-profit organisations, community groups or charities The demand on parks is ever increasing and therefore needs to be managed so that the amenity and community benefit is sustained and preserved. It is vital that City policies provide sound principles and guidelines to manage use to help ensure that approved uses are appropriate, minimise adverse impacts and provide community benefit. Parks usage as described above is governed by a four different policies: Parks Usage Policy: Temporary Use of Parks by Individuals, Groups or Community

Organisations Parks Usage Policy: Temporary Commercial (Ticketed) Recreational Activities Parks Usage Policy: Use by Conference and Corporate Associated Events Parks Usage Policy: Right of Use In addition to these policies, there is also Local Law 9 (Parks and Reserves) 2008 and Subordinate Local Law 9.1 (Parks and Reserves) 2008 that regulates the use of parks.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) The use of parks has evolved over time and much has changed since the policy and local law documents were initially created. Regular amendments to the policies have been made during periodic reviews to incorporate and manage new uses, users and usage behaviours (refer to attachments 1 – 3 for previous resolutions relating to the suite of parks usage). As the Parks Usage Policy: Temporary Use of Parks by Individuals/Group or Community Organisations and Parks Usage Policy: Right of Use is due for review, it is considered timely that a review of all of the policies be conducted, with the aim to increase efficiencies, effectiveness and to potentially consolidate parks usage policies into one. To provide better transparency and improve the customer experience, it is also proposed that the review consider the procurement and permit process, particularly where commercial gain is involved. This will ensure clear understanding and communication of what use can be approved or permitted, as opposed to what is offered via a public open tender or expression of interest. Furthermore, it is proposed that trials for commercial use be factored into the procurement and permit process review to ensure transparency, equity and legislative compliance. Conducting trials is especially useful in the instances of unsolicited commercial use proposals, where significant costs are incurred by the City in obtaining necessary approvals, for example, a Material Change of Use development approval for a market of over 50 stalls. Conducting trials has been successful in ascertaining site suitability, level of community support and the demand for the service from park patrons. Previous trials conducted in parks have been active and healthy activities, aquatic permits, mobile food vending in parks, markets and eco-tours. The duration of trials is dependent upon the activity and can run from three months up to the period of the next tender being offered for that activity. It should be noted that the use of trials have assisted the City from expending funds on approvals or tenders for ventures that have proven to be unsuccessful in parks. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN 1.0 The best place to live, visit and stay:

1.2 We live in balance with nature. We manage quality rural and urban living while looking after the future of the city’s rainforests, bushland, waterways and open spaces.

2.0 Prosperity built on a strong diverse economy:

2.2 We have a thriving cultural economy. Our city attracts and retains creative skills, talent and investment.

2.5 We are a globally recognised tourism destination. Our city attracts visitors from all over the world.

2.6 We have a positive global reputation.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) 3.0 People contribute to a strong community spirit:

3.2 We are proud of our city. We are engaged citizens who advocate for our city.

3.3 Our community is inclusive and supportive. We are a diverse community where everyone is welcome, families thrive and people know their neighbours.

3.6 We are an active and healthy community. We enjoy our city and its enviable climate.

Our Natural City Strategy

People in nature - Our residents and visitors connect with nature and value its contribution to our city’s health, economic prosperity and lifestyle

Key priority action 1.1 - Implement key recommendations of the City’s Nature Based Recreation Plan that provide opportunities for people to connect with and appreciated nature while actively supporting nature conservation outcomes.

7 FUNDING AND RESOURCING REQUIREMENTS Council officers will complete the review and there are no funding implications. 8 RISK MANAGEMENT Effective policies and associated processes aim to mitigate risks associated with the use of parks. 9 STATUTORY MATTERS Land Act (1994) Nature Conservation Act 1992 Local Government Act (2009) Local Government Regulation (2012) City Plan Secondary Use of Trust Land under the Land Act (PUX/901/209 Version 6.01) –

Department of Natural Resources, Mines and Energy (2019) Land Management Planning for Reserves or Deeds of Grant in Trust Information Kit

(Version 9) (Department of Natural Resources Mines and Energy) Section 97 of the Local Government Act 2009 states the provision to charge cost recovery fees for the issue of permits and approvals and Section 262 Part 3 (c) grants powers to charge cost recovery fees for the provision of a service or facility.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) The following Local Laws also apply: Local Law 3 (Administration) 2008 – authority to grant a permit Local Law No 9 (Parks and Reserves) 2008 – park usage requirements Subordinate Local Law No 9.1 (Parks and Reserves) 2008 Local Law 16 (Licensing) 2008 Subordinate Local Law 16.3 (Entertainment Venues) 2008 – Local Law applicable to

events 10 COUNCIL POLICIES Policies related to this issue include: Parks Usage Policy: Temporary Commercial (Ticketed) Recreational Activities Parks Usage Policy: Use by Conference and Corporate Associated Events Parks Usage Policy: Temporary Use of Parks by Individuals, Groups and Community

Organisations Parks Usage Policy: Right of Use 11 DELEGATIONS Related delegations include: DE01364: To determine applications for the use of parks by applicants from travelling

circuses, amusement carnivals, fairs and other temporary commercial recreation activities in accordance with Council’s Parks Usage Policy: Temporary Commercial Recreational Activities (Circuses, Amusement Carnivals, Seasonal Outdoor Cinemas, etc.) on Council Parks.

DE01717: To determine applications in accordance with Council's Park Usage Policy:

Use by Conference and Corporate Associated Events.

DE02016: To determine applications in accordance with Council's Park Usage Policy: Temporary Use of Parks by Individuals/Groups or Community Organisations.

DE01507: To exercise all the powers to issue, renew, extend or cancel an approval (in

the form of a consent, permit, licence or registration) as defined under Local Law 3 (Administration) 2008 granted under a local government act as defined by the Local Government Act.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) 12 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Ron Jacobs, Manager Parks and Recreational Services Lifestyle and Community

Yes

Ross McInnes, Manager Property Services

Organisational Services Yes

Sarah Wilton, Manager Corporate Planning and Performance

Office of the Chief Operating Officer

Yes

Ross Greenwood, Executive Coordinator Parks

Lifestyle and Community Yes

Tony Jermyn, Executive Coordinator Community and Recreation


Sandy Reiser, Executive Coordinator Category and Relationship

Organisational Services Yes

Tim Robson, Coordinator Natural Areas


Bruce Flick, Coordinator Recreational Services


Steve Brook, Coordinator City Events


13 STAKEHOLDER IMPACTS The consolidated policy and reviewed procurement and permit process will provide direction to City staff in administering the policy. Applicants seeking to use parks will also be aware of applicable conditions associated with such use. 14 TIMING A review of the associated parks usage policy and processes is expected to be completed within six months of this report.


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1) 15 CONCLUSION The Gold Coast City’s parks and natural areas are a valuable, key lifestyle asset that contributes to the marketability of the city. Parks are used for a range of active and passive recreational activities and are used by various different types of users such as non-profit organisations, residents, tourists and visitors and a variety of commercial entities and businesses. It is important that all park usage is in accordance with, or complementary to its intended purpose. The demand on the parks estate is growing, like the city itself. The level of use needs to be in balance with nature and community expectations so that amenity is not compromised. It is paramount that parks usage policy provides sound principles and guidelines to manage use to ensure it is appropriate, minimises adverse impacts and provides community benefit. There are currently four parks usage policies governing the recreational use of parks and there is an opportunity to review and potentially consolidate these policies and associated processes with an objective to increasing efficiencies and effectiveness. This review will also address gaps in policy. It is also recommended that a review of the permit and procurement process be undertaken and that the use of trials be included to ensure due diligence, transparency and legislative compliance. 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council supports a review of the City’s parks usage policies to ensure they

deliver community benefit, are in line with the intended purpose and give consideration to: a consolidation of policies, where appropriate, to improve effectiveness and

efficiencies b development of an improved permit and procurement process c activations that make a commercial gain contribute back to the City d adverse impacts are minimised to the community, local business and Council

natural and built assets 2 That the outcomes of the review of the City’s park usage policies be presented back

to Council in February 2021. Author: Authorised by: Anne-Maree Mueller Alison Ewens Parks Business Improvement Officer Director Lifestyle and Community 15 July 2020 TRACKS REF: 76646767


ITEM 3 (Continued) PARKS USAGE FOR COMMUNITY BENEFIT CS433/408/01/01(P1)

COMMITTEE RECOMMENDATION LC20.0813.003 moved Cr Tozer seconded Cr O'Neill

1 That Council supports a review of the City’s parks usage policies to ensure they deliver community benefit, are in line with the intended purpose and give consideration to: a consolidation of policies, where appropriate, to improve effectiveness and

efficiencies

b development of an improved permit and procurement process

c activations that make a commercial gain contribute back to the City

d adverse impacts are minimised to the community, local business and Council natural and built assets.

2 That the outcomes of the review of the City’s park usage policies be presented back to Council in February 2021.

CARRIED


ATTACHMENT A Previous resolutions for Parks Usage Policy: Temporary (Ticketed) Commercial Recreational Activities Ex Minute No. LC20.0206.003/G20.0218.001 That Council adopts the attached Parks Usage Policy: Temporary (Ticketed) Commercial Recreational Activities on Council Parks. Ex Minute No. CS16.0908.006/G16.0915.012 That Committee Recommendation CS16.0908.006 be adopted, with a change such that it reads in its entirety as follows:

That as a matter of policy, Council does not approve circuses that use exotic animals in their entertainment, to perform on Council controlled land. Circuses to be defined as any mobile establishment in which animals are held and exhibited to perform behaviours at the behest of human handler/trainers for the entertainment and/or education of the public.

Ex Minute No. G13.0129.035 1. That Council approves Circuses that use domestic and exotic animals in their

entertainment, to perform on Council land.

2. That any such approval is conditional upon compliance with applicable State and Federal animal welfare legislation.

3. That Council’s Park Usage Policy: Temporary Commercial Recreation Activities on Council Parks be amended to reflect this position.

Ex Minute No. HC08.0214.003/G08.0225.010 1. The current Circus Management On Parks Policy be archived and the associated current

delegation 522 be revoked 2. That Council approves the attached Park Usage Policy: Temporary Commercial

Recreation Activities (TCRA) on Council Parks. 3. That the fees (ground rental) for Temporary Commercial Recreation Activities be included

in Council’s Regulatory and Non regulatory Fees and Charges for 2007/08 and take effect immediately.

4. That revenue raised by fees applied to TCRA be directed into Council’s park

maintenance programs.

5. The CEO be delegated the power to determine applications in accordance with Council’s Park Usage Policy: Temporary Commercial Recreation Activities on Council Parks

6. That further reports and/or policies be prepared for Council and that propose fees and

charges for a range of other semi-commercial and/or exclusive activities that require the hire/use of parklands.

7. That the policy and its outcomes be reviewed in 18 months and reported to Council for

future consideration. The CEO be delegated the power to determine applications in


accordance with Council’s Park Usage Policy: Temporary Commercial Recreation Activities on Council Parks

8. That further reports and/or policies be prepared for Council and that propose fees and

charges for a range of other semi-commercial and/or exclusive activities that require the hire/use of parklands.

9. That the policy and its outcomes be reviewed in 18 months and reported to Council for

future consideration. Ex Minute No. C01.0622.002/G01.0629.008 1. That Council adopts the amended policies titled "Temporary Use of Parks by

Individuals/Groups or Community Organisations" and "Circus Management on Parks". 2. That Council’s Policy Register be updated accordingly.

Ex Minute No. C99.0813.007/G99.0820.010 That Council adopts the policy titled "Circus Management on Parks". 1. That Council delegates authority to the Chief Executive Officer (Director Community

Services) to approve circuses in accordance with Council's "Circus Management on Parks" policy.

2. That the policy "Circus Management on Parks" be placed on Council's formal policy

register.


ATTACHMENT B Previous resolutions for Parks Usage Policy: Use By Conference And Corporate Associated Events Ex Minute No. LC19.0314.003/G19.0326.009 (in part) …Council adopts the amended Park Usage Policy: Use by Conference and Corporate Associated Events. Ex Minute No. CC11.0727.004

1. That Council adopts the attached Park Usage Policy: Use by Conference and Corporate Associated Events.

2. That the fees (ground rental) for Conference and Corporate Associated Events be included in Council’s Regulatory and Non-regulatory Fees and Charges for 2011.2012 and take effect immediately.

3. That revenue raised by fees be directed into Council’s park maintenance programs. 4. That the Chief Executive Officer be delegated the power to determine applications in

accordance with Council’s Park Usage Policy: Use by Conference and Corporate Associated Events.

Ex Minute No. HC08.0214.003 (in part)

6. That further reports and/or policies be prepared for Council and that proposed fees and charges for a range of other semi-commercial and/or exclusive activities that require the hire/use of parklands.

Ex Minute No. G05.0516.038:

1. That Council approves the amended policy “Guidelines for the Use of Council Controlled Parkland by Conference & Convention Associated Events” attached to the report.

Ex Minute No. CD05.0321.011: “That Council approves the amended policy titled “Guidelines for the Use of Council Controlled Parkland by Conference & Convention Associated Events.”


ATTACHMENT C Previous resolutions for Parks Usage Policy: Temporary Use of Parks by Individuals, Groups and Community Organisations Ex Minute No. CC13.1010.011/G13.1018.013 That Council adopt the amended Park Usage Policy: Temporary Use of Parks by Individuals/Groups and Community Organisations attached to this report. Ex Minute No. R03.0116.004/G03.0124.029 1 That Council approves the amended policy titled “Temporary Use of Parks by

Individuals/Groups or Community Organisations”.

2 That Council’s Policy register be updated accordingly. Ex Minute No. C01.0622.002/G01.0629.008 (in part) 3. That Council adopts the amended policies titled "Temporary Use of Parks by

Individuals/Groups or Community Organisations" and "Circus Management on Parks". 4. That Council’s Policy Register be updated accordingly. Ex Minute No. C99.0813.004/G99.0820.010 (in part) 3 That Council adopts the policy titled " Temporary Use of Parks by Individuals/Groups or

Public Organisations". 4 That the Chief Executive Officer (Director Community Services) be delegated authority

to approve applications for the use of parks by individuals/groups or public organisations in accordance with the policy.

5 That the policy be placed on Council's formal policy register. Ex Minute R98.1203.005: 1 That Council approves the amended Draft Policy titled “Temporary Use of Parks by

Individuals/Groups or Community Organisations” as a draft and external consultation be conducted with effected applicants and their comments sought.

2 That a further report be provided on completion of the consultation process.


ITEM 4 SAFE & LIVEABLE COMMUNITIES COMPASSIONATE GOLD COAST AND WORLD KINDNESS AUSTRALIA UPDATE 2020 CS431/962/03 Refer 2 page attachment

1 BASIS FOR CONFIDENTIALITY

Not Applicable.

2 EXECUTIVE SUMMARY

Not Applicable.

3 PURPOSE OF REPORT

The purpose of this report is to:

provide an update on City of Gold Coast (City) activities relating to the Charter forCompassion and World Kindness Movement

provide recommendations on the City’s future involvement with Compassionate GoldCoast and World Kindness Australia

4 PREVIOUS RESOLUTIONS

Ex Minute G20.0421.004

1. That the schedule of responsibilities and composition of the Standing Committees,Special Committees and Advisory Committees and the appointment of Councillors toexternal organisations as detailed in Attachment A, with the exception of the SouthernGateway Advisory Committee at page 11, and with membership in relation to WorldKindness Movement and Charter for Compassion at page 18 to be advised, be adopted.

2. That consideration of the Southern Gateway Advisory Committee be referred to therelevant Standing Committee.


1. That Council note the Compassionate Gold Coast Annual Report 2018 and WorldKindness Day being held 13 November 2018.


1. That Council affirms and signs the global Charter for Compassion (Attachment 1).

2. That Council appoints Cr Tozer to the Gold Coast Compassion Council (currently beingestablished), with a review of membership after 12 months.

3. That the Director Community Services, in consultation with the appointed Councillor,determine the City’s involvement in any associated activities, including the use of theCity’s logo.

4. That $10,000 new whole of city funding is allocated to the Safe and LiveableCommunities Branch operational budget CS4050 to deliver activities that raiseawareness and develop the capacity of the City’s broader charitable sector, and thatthe funding be identified in the September Budget Review with a likely funding sourcebeing additional investment income.


ITEM 4 (Continued) COMPASSIONATE GOLD COAST AND WORLD KINDNESS AUSTRALIA UPDATE 2020 CS431/962/03


1. That a report relating to the suite of Council resolutions proposed by CompassionateGold Coast and stated in the attached document be referred to the next meeting offull Council meeting of 15 September 2017.


1. That the Gold Coast City Council, declare its ongoing support to World KindnessAustralia’s endeavours to create a kinder society for our children to ultimately inherit, bysigning a declaration of support.

2. That the Gold Coast City Council appoints Goodwill Ambassadors to support events,schools, individuals and organisations and recognise them through the “Cool To Be KindAwards” and World Kindness Week.

5 DISCUSSION

Compassionate Gold Coast

On 21 September 2017, the City signed the international Charter for Compassion and became a partner organisation of Compassionate Gold Coast.

The vision of the Charter for Compassion is a world where everyone is committed to living by the principle of compassion. The specific outcomes outlined in the charter for local governments working towards a compassionate city are:

Diverse groups of leaders and citizens work with intention to bring the golden rule (do toothers as you would have them do unto you) into every aspect of civic life.

Political and civic gatherings are marked by careful listening, thoughtful dialogue,vigorous debate and a desire to serve.

Agencies provide public services to support and cherish all citizens.

The global compassion movement aims to facilitate a network of networks, connecting organisers and leaders from around the world, providing educational resources, organising tools, and avenues for communication; sharing lessons, stories, and inspiration; providing the umbrella of the Charter for Compassion for conferences, events, collaborations, conversations and initiatives to create compassionate communities and institutions.

Compassionate Gold Coast is a local chapter of the global compassion movement established to evoke compassion across the Gold Coast and serve the local community by facilitating opportunities to respond to six identified community issues: family/domestic violence; houselessness / homelessness; mental health; addiction; social inclusion; and social cohesion.

On 9 November 2016 Compassionate Gold Coast Limited was registered as an Australian Public Company, Limited by Guarantee (ACN 615 808 145). A model constitution was adopted with Mr Terry Ayling as Chair; and a Founding Compassion Council formed in September 2017 to achieve the organisational objectives of sharing stories of compassion, promoting the Gold Coast as a Compassionate City, and facilitating multi-sector partnerships to discuss and respond to key community issues. The Constitution does not specify the nature or frequency of Founding Compassion Council meetings, however the organisation met annually for the first two years.



Members of the Founding Compassion Council are:

• Mr Sepehr Abedian, entrepreneur, Gold Coast Community Fund member• Dr Brian Adams, Director, Griffith University Centre for Interfaith & Cultural Dialogue• Ms Ree Ali, National Disability Insurance Scheme, President Multifaith Advisory &

Action Group• Mr John Braithwaite, entrepreneur• Ms Lesley Bryant, community activist, philanthropist• Reverend Bryan Gilmour, Uniting Church Minister, Founder Multifaith Advisory &

Action Group• Ms Deirdre Hanna, founder, Hopewell Hospice and Paradise Kids• Councillor Glenn Tozer, City of Gold Coast Designated Ambassador.

Terry Ayling was appointed as Compassionate Gold Coast Facilitator from 1 July 2017 until 30 June 2019 in a paid capacity (through support of a local philanthropist) and currently serves in the role in a reduced, voluntary capacity.

Whilst initial plans were for Compassionate Gold Coast to seek Public Benevolent Institution (PBI) and Tax Deductible Gift Recipient (DGR) Status, they did not meet the eligibility requirements. Compassionate Gold Coast Limited is not registered for GST and does not have PAYG or superannuation responsibilities. The organisation reports annually to Australian Securities and Investments Commission (ASIC) and Access Care Network Australia (ACNA).

The organisation is volunteer-based and does not have a physical office base. The local Gold Coast chapter receives administrative support from the Global Charter office, yet no financial resources are received. Annual reporting has acknowledged potential future financial and staffing resourcing issues, as well as sustainability of the organisation.

The development of Compassionate Gold Coast has run in parallel with the work of the national chapter. Although operational as part of national and global campaigns, there is limited public information available about Compassionate Gold Coast’s local activities. The focus of the organisation’s work in the first year was education, health, and interfaith religion and spirituality. In its second year, Compassionate Gold Coast focussed on business, environment, social services and sport and recreation sectors.

Although responses to the majority of the current priorities for the Gold Coast chapter are not led by local government, the City is already delivering supporting activities within its remit such as the approved Accessible and Inclusive City Action Plan, Domestic and Family Violence Action Plan, Youth Plan, and most recently approval to commence a Homelessness Action Plan and Protocol.

World Kindness Australia

World Kindness Australia endeavours to create a kinder society for our children to ultimately inherit. On 21 August 2012, Council signed a declaration of support for World Kindness Australia and appointed a Goodwill Ambassador, Councillor Tozer, to support events, schools, individuals and organisations to leverage better community outcomes for the Gold Coast.



At the ninth General Assembly of the World Kindness Movement on 3 September 2017, City of Gold Coast became the first city in the world to receive an official listing as a World Kindness City. This is promoted heavily across their website.

Although experiencing significant global growth, it appears that the World Kindness Movement is yet to establish strong governance frameworks to enable collaboration and strategic communication between cities and nations. World Kindness Australia Limited was registered as a company in May 2011, however was deregistered from the Australian Companies register in October 2018.

World Kindness Australia is a not for profit organisation, and it does not employ staff or management. The organisation is not a governing body, but “a platform for national collaboration designed to encourage and support all sectors of our communities to engage in the global campaign for a kinder world”. It seeks engagement with business, community, education, and government sectors, yet a common programming framework outside of the established annual World Kindness Day activities does not exist.

City of Gold Coast activities for kindness and compassion

The City’s Ambassador, Councillor Tozer, has delivered on the criteria of both the compassion and kindness movements, for example, co-ordinating the annual ‘Cool to be Kind’ awards to acknowledge and promote acts of kindness across the Gold Coast; general advocacy for the concept of kindness on social media; and participating in the Compassionate Gold Coast Founding Council. The kindness awards have attracted positive local media attention.

Other citywide activities

In September 2017, in support of both movements, Council approved the allocation of $10,000 whole of city funding for the Safe and Liveable Communities Branch to support activities that raise awareness and develop the capacity of the City’s broader charitable sector.

Following are examples of the activities that have been supported, that have raised awareness and developed the capacity of the City’s broader charitable sector, and complemented the kindness and compassion combined principles:

Workshops for not-for-profit community organisations to develop cross culturalawareness skills in the lead up to the 2018 Gold Coast Commonwealth Games.

Tailored City of Gold Coast Junior Council programming with empathy and leadership asdriving principles. This has included:

o delivery of Welcome to Country at the start of each Council yearo a tour of Jellurgal to increase cultural awareness for Junior Councillorso themed meetings which focus on kindness and compassion. This has involved

inclusion of people with a disability in activities and ensuring accessible spaces,workshops on wellbeing and self-care in leadership roles, and creatingopportunities for young people to connect with their local community

o ensuring that Junior Council activities are inclusive for people of all abilities byconsidering the physical environment and communication methods.

Wellbeing and mindfulness activities for young people - including Junior City Connectheld as part of the Gold Coast Careers expo.



Social inclusion activities as part of Junior City Connect, Queensland Day held at theBroadwater Parklands, and the Gold Coast Show. Examples include:

o the ‘Kindness Kombi’ which provided opportunity for the community to interactand spread messages of kindness

o a ‘We belong tree’ which engaged young people from different cultures and thebroader Gold Coast community

o an interactive cultural map which demonstrated and celebrated the culturaldiversity of our population

o promotional City ‘showbags’ to encourage community to engage with Cityservices.

A number of additional projects which align with the principles of kindness and compassion have been delivered since the inception of the City’s partnership with Compassionate Gold Coast and World Kindness Australia (refer to Attachment 1 for a visual overview):

City of Gold Coast Volunteering Legacy Action Plan 2019-21 aims to build a strong,connected and inclusive Gold Coast through volunteering.

Accessible and Inclusive City Action Plan (AICAP) 2020–2025 to ensure that the GoldCoast is a city that continues to meet the needs of people with disability, their friends,families, carers and seniors.

COVID-19 Community Organisation Hardship and Recovery Grants to supportcommunity organisations in their endeavours to respond and recover from the impacts ofCOVID-19, and support the city’s most vulnerable residents.

Community relief and recovery campaigns such as the ‘Stay Connected’ and ‘We’re All InThis Together’.

The inclusion of new and upgraded community facilities in the capital works program toensure affordable and accessible spaces for community groups to deliver services for thelocal community.

A community support package for community groups that use City facilities. A Domestic and Family Violence Action Plan. A Seniors Garden (to be completed in 2020-21) that will include a ‘buddy bench’ to

facilitate safe companionship and conversations for people that are lonely or isolated.

Future directions The City’s partnership with Compassionate Gold Coast and World Kindness Australia has assisted with bringing compassion and kindness to the forefront; and promoting the Gold Coast as a kind and compassionate city. The City’s Ambassador, Councillor Tozer, has delivered on our obligations and played a significant role in driving local activities to date, including the annual kindness awards.

Both the compassion and kindness organisations aim to facilitate networks to deliver on the principles of kindness and compassion. With the funding allocated by Council in 2017, Safe and Liveable Communities Branch have been able to incorporate principles of the compassion and kindness movement into a wide range of programs, services and messaging to the community. The City is now positioned to continue to deliver activities that raise awareness, support and develop the capacity of the City’s broader charitable sector, thus reflecting the underpinning principles of both Compassionate Gold Coast and World Kindness Australia.



As such, it is proposed that the need for a dedicated ambassador to represent the City for World Kindness Australia and Compassionate Gold Coast is no longer required, as the City has embraced the principles and will continue to incorporate them into programming and service delivery.

6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN

The vision and objectives of Compassionate Gold Coast and World Kindness Australia align with the following Corporate Plan theme:

3.0 People contribute to a strong community spirit 3.3 Our community is inclusive and supportive

We are a diverse community where everyone is welcome, families thrive and people know their neighbours.

7 FUNDING AND RESOURCING REQUIREMENTS

Council previously approved the allocation of $10,000 whole of city recurrent funding and Safe and Liveable Communities Branch will continue to deliver activities with these funds to raise awareness and develop the capacity of the City’s broader charitable sector.

No current funding proposals have been received by the City from Compassionate Gold Coast and World Kindness Australia. Any future requests for financial assistance would be required to be considered by the City’s Community Grants Program.

The City can consider any other requests for assistance or support from Compassionate Gold Coast and World Kindness Australia (for example, World Kindness Day awards) as received as business as usual.

8 RISK MANAGEMENT

Activities relating to compassion and kindness may assist to mitigate the following corporate risk:

CO000443 Socially isolated residents resulting in low resilience and poor ability to withstand threats to wellbeing.

9 STATUTORY MATTERS

Not Applicable.

10 COUNCIL POLICIES

Not Applicable.

11 DELEGATIONS

Not Applicable.



12 COORDINATION & CONSULTATION

No stakeholders have been involved / participated in this report.


External / community stakeholder Impacts

The objectives of the Charter for Compassion and World Kindness Movement aim to positively support Gold Coast residents and visitors, as well as the city’s reputation, as the intent of both organisations is to identify and respond to issues of shared community concern.

14 TIMING

Not applicable.

15 CONCLUSION

On 21 August 2012, Council signed a declaration of support for World Kindness Australia. World Kindness Australia endeavours to create a kinder society for our children to ultimately inherit.

On 21 September 2017, the City signed the international Charter for Compassion and became a partner organisation of Compassionate Gold Coast. The vision of the Charter for Compassion is a world where everyone is committed to living by the principle of compassion.

The City’s partnership with Compassionate Gold Coast and World Kindness Australia has assisted with bringing compassion and kindness to the forefront; and promoting the Gold Coast as a kind and compassionate city. The City’s Ambassador, Councillor Tozer, has played a significant role in driving local activities to date. The City is now positioned to continue to deliver activities that raise awareness, support and develop the capacity of the City’s broader charitable sector, thus reflecting the underpinning principles of both Compassionate Gold Coast and World Kindness Australia.

The overarching principles of acting with kindness and compassion are relevant to all agencies, and both organisations have an international profile and membership. However, there is limited evidence regarding their local capacity to deliver beyond what the City can deliver through its existing programs and advocacy.

It is proposed that the role of the ambassador to represent the City for World Kindness Australia and Compassionate Gold Coast can be delivered through the activities of Councillors, staff and community, as opposed to a single dedicated position. The City has embraced the principles of both movements and will continue to incorporate them into regular programming and service delivery. These examples can continue to be shared to encourage other cities to embrace the principles of compassion and kindness.



16 RECOMMENDATION


1 That Council notes the content of this report. 2 That Council continues to support the Charter for Compassion and World Kindness

movement through delivery of activities that align with the intent of these organisations.

3 That the appointment of an ambassador to represent the City of Gold Coast for World Kindness Australia and Compassionate Gold Coast is no longer required.

4 That the Mayor writes to World Kindness Australia and Compassionate Gold Coast to advise of the outcomes of this report.

Author: Authorised by: Brooke Denholder Alison Ewens Manager Safe & Liveable Communities Director Community Services 27 July 2020 TRACKS REF: 77144819



Conflict of Interest – Cr Tozer Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The nature of the interest is: A relationship exists between the subject entities of the report to the extent that I may not enter debate with an open and persuadable mind, noting that I authored a report about the matter with recommendations in conflict with the tabled recommendations for Item 4. The name of the person or entity is: World Kindness Movement and Compassionate Gold Coast The nature of the relationship is: Professional relationship The value of the gift is: Nil The date of receipt of the gift is: Not applicable The nature of the other person’s interest in the matter is: Formal association of their organisations with City of Gold Coast I will now leave and stay away from the meeting so that the matter may be discussed and voted on in my absence.

Cr Tozer left the room.

COMMITTEE RECOMMENDATION LC20.0813.004 moved Cr Caldwell seconded Cr Gates

1 That Council notes the content of this report. 2 That Council continues to support the Charter for Compassion and World Kindness

movement through delivery of activities that align with the intent of these organisations.



CARRIED

Cr Tozer was absent for the vote.

Cr Tozer returned to the room.



Recommendation Adopted at Council 25 August 2020

RESOLUTION G20.0825.016 moved Cr Caldwell seconded Cr Gates That Committee Recommendation LC20.0813.004 be adopted as printed which reads as follows:- 1 That Council notes the content of this report. 2 That Council continues to support the Charter for Compassion and World

Kindness movement through delivery of activities that align with the intent of these organisations.



CARRIED UNANIMOUSLY


Attachment 1 Visual overview of City activities for compassion and kindness



ITEM 5 HEALTH AND REGULATORY SERVICES RESPONSE FROM THE STATE GOVERNMENT REGARDING THE REMEDIATION OF FORMER ILLEGAL DRUG LABORATORIES HL464/275/04(P1)

1 BASIS FOR CONFIDENTIALITY

1.1 I recommend that this report be considered in Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012 for the reason that the matter involves

(h) other business for which a public discussion would be likely to prejudice theinterests of the local government or someone else, or enable a person to gaina financial advantage.

1.2 I recommend that the report/attachment be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 EXECUTIVE SUMMARY

Not Applicable.

3 PURPOSE OF REPORT

The purpose of this report is to provide Council with an update on the response received from the State Government in relation to the City of Gold Coast’s request for an improved framework for the remediation of former clandestine drug laboratories.

4 PREVIOUS RESOLUTIONS

Ex Minute No LC19.1017.004:

1 That the report/attachment be deemed non-confidential except for those parts deemed by the Chief Executive Officer to remain confidential in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 That the Mayor writes to the Premier, Health Minister, Local Government Minister and the Local Government Association of Queensland advocating for the following:

a The development of a State-funded clean-up fund for the remediation of clandestine drug laboratories;

b The establishment of a State register of approved assessors to undertake risk assessments and develop Remediation Action Plans for former clandestine drug laboratories;

c The establishment of a State register of premises that have been or are believed to have been used as a clandestine drug laboratory and where encapsulation has been used a remediation technique; and

d An amendment of the Public Health Regulation to ensure that local governments are not responsible for regulating former clandestine drug laboratories.

REDACTED


ITEM 5 (Continued) RESPONSE FROM THE STATE GOVERNMENT REGARDING THE REMEDIATION OF FORMER ILLEGAL DRUG LABORATORIES HL464/275/04(P1)

3 That any reply to the above is subject of a confidential report to the Lifestyle and Community Committee.

5 DISCUSSION

A report regarding the revision of legislative arrangements and the responsibilities of local government in the remediation of former clandestine drug laboratories (clan labs) was presented to the Lifestyle and Community Committee and subsequently endorsed by Full Council on 29 October 2019.

The report to Council detailed how amendments made in March 2019 to the Public Health Regulation 2018 had removed vagaries around the evidentiary value of police notifications to local government. The amendments put beyond doubt that upon notification by police that a place had been used as a laboratory, then for the purposes of the Public Health Act 2005 (The Act) the place is or is likely to be a hazard to human health. The place therefore becomes subject to local government administered public health risk abatement mechanisms under the Act.

The October 2019 report to Council also detailed various local government concerns and deficiencies in the State’s policy position on responsibilities for the remediation of laboratories. Concerns included a lack of support and resources for local government in undertaking its role under the Act.

Council subsequently resolved that the Mayor write to the State Government about four (4) key issues. Correspondence was sent to the State Government and a response has been received from the Minister for Health and Ambulance Services

The response from the Minister maintains the position Queensland Health representatives have previously communicated and as such it is evident that the State does not intend to change the framework for regulating the remediation of former clandestine drug laboratories.

REDACTED



Continuing Advocacy

The Minister’s response shows that the State Government’s policy position on the remediation of premises used as clandestine laboratories remains unchanged. This position continues to be a concern for local government.

The Local Government Association of Queensland (LGAQ) has historically advocated for improvements to the regulatory framework on behalf of all local governments. As such, it is appropriate to seek further advocacy support from the LGAQ in driving the reforms previously raised by the City.

In this regard LGAQ staff have recently offered to form a clandestine laboratory environmental health working group with a view to having representation from Queensland Health, LGAQ, the City and other local governments. It is proposed to accept LGAQs offer.

It is also proposed that City staff will continue to advocate and engage with Queensland Health and other local governments at appropriate forums such as the South East Queensland Food Safety and Public Health Working Group meetings.

The City’s Current Status

Health and Regulatory Services Branch has sought continuous improvement in the management of its clandestine laboratory jurisdiction. The Branch has now embedded the appropriate processes, systems and resources to manage the current level of clan lab notifications being received by the City.

REDACTED



Case Load and Learnings

6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND OPERATIONAL PLAN

Corporate Plan:

1.0 The best place to live, visit and stay.

1.1 Our city provides a choice of lifestyle places

3.0 People contribute to a strong community spirit.

3.6 We are an active and healthy community.

REDACTED



City Operational Plan 2020/21

Program 3: Community Health and Safety Ensure legislative compliance and promote sustainable business and living practices. Protect and strengthen the health, safety and amenity of the community

Service: Public and Environmental Health

Service description - Ensure a high level of safety, amenity and health for the community and environment through delivery of services including education and industry support, compliance programs for State Laws, enforcement of local laws through proactive patrols and by responding to complaints.

7 FUNDING AND RESOURCING REQUIREMENTS

Existing resources are used to regulate public health risks associated with former clandestine laboratories.

8 RISK MANAGEMENT

Not applicable.

9 STATUTORY MATTERS

The Public Health Act 2005 (PH Act) defines a ‘public health risk’ to include any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans: a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place

other than a workplace; and

any other activity, animal, substance or other thing prescribed under a regulation.

The PH Act also provides that a public health risk (as detailed above) is administered by local government.

The following sections of the PH Act provide for the recovery of costs and expenses incurred by Council if a property owner fails to comply with a Public Health Order requiring the testing and remediation of a former clan lab.

Section 406 of the PH Act enables local government to recover the amount of the reasonable costs and expenses incurred when taking steps to reduce or remove a public health risk after a Public Health Order has not been complied with. The person/entity named in the Public Health Order is responsible for the debt.



Section 406(3) states that:

(a) the amount payable to the local government bears interest as if it were an amount of anoverdue rate payable to a local government under the Local Government Act 2009; and

(b) the amount payable plus interest may be recovered by the local government as if thetotal amount were an amount of an overdue rate payable to a local government underthe Local Government Act 2009.

Section 407 of the PH Act permits Council to place to lodge a request to register a charge on the land in the appropriate form over the land with the registrar of titles.

10 COUNCIL POLICIES

The Debt Recovery Policy is used to recover debts that result from non-compliance with a Public Health Order. This will result in a charge being placed against the land for priority recovery consistent with the provisions of the Local Government Act 2009.

The Right to Information and Information Privacy Policy ensures that documents containing an individual’s personal information are managed efficiently, effectively and in accordance with legislation.

DELEGATIONS

COORDINATION & CONSULTATION

11

Not Applicable.

12

Not Applicable.


Property owners where a former clandestine drug laboratory is detected may incur significant costs associated with testing and remediating the premises, particularly if their insurance does not cover illegal or drug related activities (which are excluded from some insurance policies).

Other local governments are also affected by the issues raised in this report.

14 TIMING

Not Applicable.



15 CONCLUSION

Correspondence regarding the framework for regulating the remediation of former clandestine drug laboratories was sent to the State government

The response from the Minister for Health and Ambulance Services indicates that the State does not intend to change the framework.

Health and Regulatory Services Branch will maintain skills and training and seek internal and external improvement opportunities as it continues to administer its jurisdiction over this matter.

The LGAQ has previously advocated for improvements to the regulatory framework for clandestine laboratories. City staff will share learnings and accept LGAQs offer to host a clandestine laboratory working group and will advocate at other appropriate forums

16 RECOMMENDATION



2 Council notes the contents of this report and the response from the Minister for Health and Ambulance Services.

Author: Authorised by: Belinda Davies Alison Ewens Executive Coordinator Director Lifestyle and Community Environmental Health & Safety 27 July 2020 TRACKS REF: 77179056

COMMITTEE RECOMMENDATION LC20.0813.005 moved Cr Vorster seconded Cr Gates



CARRIED

REDACTED




RESOLUTION G20.0825.017 moved Cr Vorster seconded Cr Caldwell

That Committee Recommendation LC20.0813.005 be adopted as printed which reads as follows:-



CARRIED UNANIMOUSLY

792nd Council Meeting 25 August 2020 Lifestyle and Community Committee Meeting 13 August 2020

47 Adoopted Report

REDACTED - Attachment 1 & 2 being pages 47-50


ITEM 6 GENERAL BUSINESS MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CE196/423/05(P1)

COMMITTEE RECOMMENDATION LC20.0813.006 moved Cr Vorster seconded Cr Gates

1 That Council note the Management of Trees on Council Controlled land Policy is due for review.

2 That a report be brought forward to review the Management of Trees on Council controlled Land.

3 That the report outlines a process to progress ‘one-off tree planting requests’ made through divisional offices.

CARRIED


RESOLUTION G20.0825.018 moved Cr Vorster seconded Cr O’Neill

That Committee Recommendation LC20.0813.006 be adopted as printed which reads as follows:- 1 That Council note the Management of Trees on Council Controlled land Policy

is due for review. 2 That a report be brought forward to review the Management of Trees on Council

controlled Land. 3 That the report outlines a process to progress ‘one-off tree planting requests’

made through divisional offices. CARRIED UNANIMOUSLY

There being no further business the meeting closed at 1.10pm.


These Pages

Numbered 1 to 52

Constitute The Report Of The Meeting

Of The Lifestyle and Community Committee

Held Thursday 13 August 2020

Documents

of the Lifestyle and Community Committee Meeting€¦ · That the Report of the Lifestyle and Community Committee Meeting of Thursday 13 August 2020, covered by Recommendations numbered